KOTA KINABALU – The graft probe into a Court of Appeal judge has sparked a massive wave of indignation among legal and judicial circles, with senior figures characterising it as nothing short of an attack on the independence of the judiciary and the rule of law.
Lawyer-activist Datuk Ambiga Sreenevasan told The Vibes that the investigation into Datuk Mohd Nazlan Mohd Ghazali by the Malaysian Anti-Corruption Commission (MACC) clearly relates to the judgment in former prime minister Datuk Seri Najib Razak’s SRC trial in 2020.
She said while it is permissible to responsibly criticise a judgement, it is not permissible to launch a baseless attack on the judge.
“It is nothing short of an attack on the independence of the judiciary and the rule of law.
“These unwarranted attacks by those with little or no credibility reek of desperation and utter bad faith. In my view they are illegal.
“It is those who have launched scurrilous attacks on a highly respected judge known for his integrity and scholarship (words they are unfamiliar with) who should be investigated,” said Ambiga in defence of Nazlan.
The former Malaysian Bar president said it should be noted that the judgement in the SRC trial was unanimously upheld in the Court of Appeal.
She added that the case is still pending at the Federal Court and nothing more should be said about it, and that the law should be allowed to take its course.
“Unfortunately, judges cannot publicly defend themselves. It is therefore up to us and particularly the legal profession to defend the institution of the judiciary which is vital to the lifeblood of the nation.
“I have received messages from members of the public including lawyers who are absolutely horrified by these cowardly attacks on the judge. The judiciary must be left in no doubt that the right-thinking public, including the lawyers can see this precisely for what it is.
“It is an attempt at intimidation of the judges. It will not work. And there should be no doubt that the people will not stand by and watch the machinations of a few destroy the future of this country,” she said.
Provide evidence, says former high court judge
Meanwhile, former high court judge Datuk Syed Ahmad Idid said those who claim Nazlan had received money in his account must have evidence.
He said an honest judge should not be maligned and the judge may not be a party to such a financial transaction if it had happened, nor would he know who sent him the money.
“From records and interviews this judge is upright and from a good family. Those who claim he received money in his account must have the evidence.
“The police or MACC may go after the wrong person and that is indeed a negative action!” he said.
The MACC yesterday confirmed that a probe is being conducted into Nazlan after reports were lodged over allegations that of unexplained money in his account.
MACC chief commissioner Tan Sri Azam Baki said an investigation paper was opened after the commission received several reports on the allegations.
Nazlan has lodged a police report and the Palace of Justice chief registrar has claimed that the accusation is baseless and false, adding that it was aimed to undermine the judge’s professional reputation and that of the judiciary system.
Malaysian Bar: judiciary protected by constitution
Meanwhile, the Malaysian Bar had pointed out that the judiciary is an institution where its judges are conferred with certain constitutional guarantees to insulate them from political and other influence and pressure, in order to secure their independence and impartiality.
Its president Karen Cheah said in a statement that there is justifiable reason for this necessity since the events of the 1988 judicial crisis, which demands for the independence and impartiality of the judiciary.
Furthermore, the senior lawyer explained that judges must have the proper space to discharge their duties in a manner such that the judicial process and decisions would be independent, free from interference, considered, reasoned and honest – and above all that justice must be seen to be done.
She said that the investigation into Nazlan by the MACC violates the doctrine of separation of power and also undermines the independence of the judiciary, and that this is unconstitutional.
“There are mechanisms in place to deal with this issue, and pending the determination in such an issue, any attempts by irresponsible parties can be seen as a stab to public confidence in the judiciary.
“Article 125 of the federal constitution provides a specific pathway which allows for complaints of judicial misconduct to be addressed in a manner that ensures continued public confidence in the judiciary,” she said.
Cheah added that the purported investigations will have an impact on the judiciary as it undermines the rule of law and creates intimidation and a climate of fear.
She said this perpetuates insecurity and suspicion amongst citizens towards the judiciary, and does not augur well for the growth and maturity of our nation, seeing that judges subjected to such investigations can be perceived to be under the control of the ruling administration.
As the judiciary is not in any position to protect itself by getting into the court of public opinion – be it a trial by media or any other forms of public controversies, Cheah said that it is up to the Malaysian Bar to protect the institution.
Furthermore, she observed that this is the latest in a spate of “wild attempts” to hurt lawyers, the public, the judiciary and now specific judges.
“The Malaysian Bar is greatly averse to any investigation by MACC which may set the terms of an unsavoury precedent, and no doubt have an adverse effect in the future process undertaken by our authorities in similar circumstances against the judiciary or individual judges – since these circumstances appear to be more frequent nowadays when one hides behind the comfort of cyberspace.
“The continued attempts to cut into the credibility of our respected institutions should be curbed immediately.
“We call for a circumspect approach by our authorities, and not to fall to the temptation of the irresponsible noise made by keyboard warriors – cull the easy approach, for the greater good of our nation,” she said. – The Vibes, April 25, 2022
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