[UPDATED] Muda challenges MACC’s authority to investigate Nazlan

KUALA LUMPUR – Muda has filed an originating summons at the high court here to challenge the Malaysian Anti-Corruption Commission’s (MACC) authority to investigate alleged ethical violations by justice Datuk Mohd Nazlan Mohd Ghazali.

Muda has named the MACC and the federal government as defendants, according to the court filings.

The political party is seeking a declaration that the MACC lacks the authority to investigate serving judges for alleged breaches of the Judicial Code of Ethics 2009.

Additionally, Muda claims that MACC’s findings, which alleged that Nazlan violated judicial ethics, are unconstitutional.

Nazlan had presided over former prime minister Datuk Seri Najib Razak’s trial relating to the misappropriation of RM42 million in funds belonging to former 1MDB subsidiary SRC International Sdn Bhd.

On July 28, 2020, he sentenced Najib to 12 years’ imprisonment and an RM210-million fine after finding the former prime minister guilty of all seven corruption charges.

According to an affidavit by Muda secretary-general Amir Abdul Hadi, he said an assertion was made stating that the anti-graft powers are limited to offences under the MACC Act 2009.

“He (Hadi) also stated that the manner and timing in which the contents of these letters made their way to the public domain clearly demonstrate a lack of bona fide as well as an assault towards judicial independence and the separation of powers.

“In particular, he said that it’s shocking how these sensitive and confidential letters could enter the public domain.

“It is furthermore shocking why Azalina saw fit to answer queries from Najib Razak’s lawyers on any aspects of MACC’s investigations when these queries should be directed to and be dealt with by MACC exclusively,” said Muda in a statement.

Given that letters pertaining to the investigations were leaked before any conclusive decision by Chief Justice Tun Tengku Maimun Tuan Mat, Muda said the integrity of a superior court judge is tarnished irreversibly.

Muda added that if the MACC and other enforcement agencies are not prevented from exceeding their authority, the justice system would be threatened.

Muda’s originating summons was filed by lawyer Lim Wei Jiet.

The court has set case management on May 15.

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

Meanwhile, on February 23, Datuk Seri Azalina Othman Said 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 14, 2023