JOHOR BARU – The authorities should have waited for a sitting judge to see through court proceedings before initiating an investigation, said former chief justice Tun Zaki Azmi.
“In my view, if you want to investigate, let the hearing be over so there is respect for the judgement and the judiciary.
“Because once you start doing that, you can create wrong perceptions resulting in prejudice against the judiciary and not just towards one individual judge,” Zaki told The Vibes.
He was asked to comment on the Federal Court’s judgement last Friday, saying that the Malaysian Anti-Corruption Commission’s (MACC) investigation into appellate judge Datuk Mohd Nazlan Ghazali failed to adhere to protocols.
Zaki said that unless there is a need for a surprise investigation, it is only prudent for enforcement authorities to consult the chief justice.
“Unless you want to conduct a surprise investigation for whatever reason, I think you should see the number one person.
“It is a matter of respect not just for the individual, but also the judiciary.”
In the judgement document sighted by The Vibes, Chief Justice Tun Tengku Maimun Tuan Mat said enforcement authorities were required to consult the chief justice before initiating any probe.
“Their failure to inform shows that there was a lack of bona fide on their part. The announcement (made by MACC through the media) is enough to damage judicial independence.”
Meanwhile, a graft watchdog is calling for MACC chief Tan Sri Azam Baki to resign over his apparent failure to adhere to protocols when investigating judicial officials.
Centre to Combat Corruption and Cronyism (C4) acting CEO Pushpan Murugiah questioned the authorities’ intentions when issuing statements about the investigation against judge Nazlan when protocols dictate such matters should not be made public.
“C4 believes that Azam as the head of MACC should be asked to resign for his failure to follow protocols when it came to investigating justice Nazlan.
“The question arises as to why the MACC issued statements referring to a judge in its investigation when protocol dictates that any investigation of judges cannot be made public.
“Even the timing of the release of these details by MACC is also suspicious, leading to an assumption of bad faith,” Pushpan told The Vibes.
Commenting on the Federal Court’s judgement last Friday, he said the ruling addresses the independence and accountability of judges.
“To preserve the independence of the judiciary from external pressures which may seek to interfere with judicial processes, it is vital that authorities first consult the chief justice.
“Due to their position, there is a need to maintain a higher standard when it comes to investigating judges. There are protocols that need to be followed. These protocols are there to preserve the functions of the judiciary.
“Within the judiciary, there are processes in place to conduct investigations on fellow judges.”
Last week, Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said told the Dewan Rakyat that the MACC’s report on its probe against Nazlan had been submitted to the chief justice on February 21.
Nazlan presided over former prime minister Datuk Seri Najib Razak’s SRC International trial at the high court, and found the former Pekan MP guilty of abuse of power, criminal breach of trust and money laundering, and sentenced him to 12 years in jail and a RM210 million fine.
However, last April, MACC announced an investigation against the judge after receiving a report about an unexplained sum of RM1 million in Nazlan’s bank account. – The Vibes, February 27, 2023
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