KUALA LUMPUR – The Malaysian Anti-Corruption Commission’s (MACC) decision to initiate investigations against Justice Datuk Mohd Nazlan Mohd Ghazali is tantamount to executive interference in the judiciary, said the Commonwealth Lawyers Association (CLA).
In an open letter to Prime Minister Datuk Seri Anwar Ibrahim, CLA said the allegations of Nazlan violating the judicial code of ethics are not under MACC’s jurisdiction.
It added that the recent decision from the Federal Court appeal brought by three lawyers – Haris Fathillah Mohamed Ibrahim, Nur Ain Mustapa and Sreekant Pillai – went to show that the allegations against Nazlan were without merit.
“The issue is now res judicata,” according to the open letter.
The CLA also expressed alarm that MACC made a public announcement regarding its investigations and findings against Nazlan, with the CLA arguing such actions are tantamount to a gross violation of the separation of powers.
Although MACC is tasked with fighting corruption in Malaysia, CLA suggested such investigations against sitting judges could have detrimental impact towards the judiciary and the rule of law.
“As a government, it is important for the executive to respect, protect and uphold the independence of the judiciary, which is the central pillar of the administration of justice.
“The judiciary must remain independent, impartial, and free from any form of interference or coercion especially by the executive,” the letter said.
CLA urged Anwar as head of government to take proactive steps to ensure judicial independence, reminding the Port Dickson MP of the importance of having judges who are free to discharge their duties without fear of favour.
The letter dated April 20 was signed by CLA president Peter Maynard KC.
It has been reported that the Law Association for Asia and the Pacific sent a similar open letter to Anwar.
In July 2020, Nazlan who was a high court judge sentenced former prime minister Datuk Seri Najib Razak to 12 years jail and a RM210 fine for charges related to RM42 million misappropriated SRC International funds.
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 on allegations 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. – The Vibes, April 25, 2023
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