Malaysia

[UPDATED] MACC concludes judge Nazlan breached code of ethics

Datuk Seri Azalina Othman Said confirms commission’s findings related to SRC International Sdn Bhd trial

Updated 3 years ago · Published on 06 Apr 2023 1:01PM

[UPDATED] MACC concludes judge Nazlan breached code of ethics
Datuk Seri Azalina Othman Said confirms that on February 21, the Malaysian Anti-Corruption Commission presented its report on Datuk Mohd Nazlan Ghazali (pic) to Chief Justice Tun Tengku Maimun Tuan Mat pertaining to breaches under the Judicial Code of Ethics 2009. – kehakiman.gov.my pic, April 6, 2023

KUALA LUMPUR – Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said has confirmed that the Malaysian Anti-Corruption Commission (MACC) concluded that justice Datuk Mohd Nazlan Ghazali breached the judicial code of ethics.  

In a letter to lawyer Tan Sri Shafee Abdullah, Azalina confirmed that on February 21, MACC presented its report on Nazlan to Chief Justice Tun Tengku Maimun Tuan Mat pertaining to breaches under the Judicial Code of Ethics 2009.

It is understood that Azalina’s letter, dated March 20, was a reply to Shafee’s three questions on MACC’s investigation into Nazlan.

First, Shafee questioned if the MACC report recommended taking action against Nazlan over his conduct during the SRC International trial against former prime minister Datuk Seri Najib Razak.

Second, Azalina was asked whether the report acknowledged the allegations against Nazlan over violation of ethical codes in relation to the SRC International Sdn Bhd trial.

Lastly, he asked whether MACC concluded that Nazlan had a conflict of interest while presiding over the case.

Azalina answered affirmative to all questions.

The Vibes contacted the Prime Minister’s Department (Law and Institutional Reform) and Azalina’s representatives confirmed the legitimacy of the letter. 

On July 28, 2020, Nazlan sentenced Najib to 12 years’ imprisonment and an RM210-million fine on seven corruption charges relating to RM42 million in funds belonging to former 1MDB subsidiary SRC International. 

Nazlan, before serving as a judicial officer, had been general counsel for Maybank, which Najib’s lawyers contend would have exposed the judge to knowledge pertaining to SRC International, posing a conflict of interest. 

Last year, MACC began an investigation into Nazlan following allegations posted on the Malaysia Today blog that the judge had received an unexplained RM1 million in his account from fugitive businessman and 1MDB scandal mastermind, Low Taek Jho – better known as Jho Low.

Nazlan lodged a police report to counter the blog’s claims.

Meanwhile, on February 23, Azalina confirmed that MACC submitted its report on Nazlan to the chief justice regarding allegations of judicial ethics violations.

A day later, in a suit brought by three lawyers – Haris Ibrahim, Nur Ain Mustapa, and Sreekant Pillai – the Federal Court ruled that the anti-graft body had failed to follow protocols in their probe into Nazlan. – The Vibes, April 6, 2023

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