KUALA LUMPUR – The high court here today set June 23 to hear an application by two lawyers and an activist to refer to the Federal Court two questions of law regarding the Malaysian Anti-Corruption Commission’s (MACC) investigation against Court of Appeal judge Datuk Mohd Nazlan Mohd Ghazali.
Judge Datuk Noorin Badaruddin set the date during case management attended by counsels A. Surendra Ananth and Wong Ming Yen, representing the three individuals, and senior federal counsel Mazlifah Ayob, representing the defendants, namely MACC chief commissioner Tan Sri Azam Baki, the MACC and the Malaysian government.
This is in reference to the originating summons filed by two lawyers, Nur Ain Mustapa and Sreekant Pillai, and activist Haris Fathillah Mohamed Ibrahim seeking a declaration that the investigation conducted by MACC against Nazlan is unconstitutional.
The two questions of law are whether criminal investigation bodies, including the MACC, are only legally permitted to investigate high court, Court of Appeal and Federal Court judges who have been suspended under Article 125(5) of the federal constitution and whether the public prosecutor is empowered to institute or conduct any proceedings for an offence against serving judges pursuant to Article 145(3) of the constitution.
Meanwhile, Mazlifah when met by reporters said that the defendants had been given until June 2 to file affidavits to respond to the suit.
Surendra said the court ordered both parties to file written submissions on or before June 22.
In a suit filed on May 6, the three plaintiffs are seeking a declaration that the MACC is not entitled to investigate serving judges unless they have been suspended or removed.
They also seek a declaration that a public prosecutor is not empowered to institute or conduct any proceedings for an offence against serving judges of a court, and that investigations against Nazlan are unconstitutional.
Meanwhile, the three plaintiffs through a supporting affidavit filed with the originating summons said the media had reported that the commission had commenced a probe into Nazlan over allegations of unexplained money in his account, following official reports lodged with the commission regarding the matter.
They claimed that the purported investigation is a violation of the independence of the judiciary by the executive branch and contrary to the doctrine of separation of powers.
Recently, Nazlan, who heard and convicted former prime minister Datuk Seri Najib Razak concerning charges of misappropriation of SRC International Sdn Bhd funds, lodged a police report over news articles alleging that he was being investigated for unexplained money in his bank account.
A statement released by the Federal Court chief registrar’s office on April 21 said Nazlan denied the false, baseless and malicious allegations aimed at undermining his credibility as a judge and disrupting the administration of criminal justice and the judiciary. – Bernama, May 12, 2022
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