JOHOR BARU – Malaysian Bar president Karen Cheah found it strange that the Malaysian Anti-Corruption Commission’s (MACC) report to Chief Justice Tun Tengku Maimun Tuan Mat on its investigations into a former high court judge concerned breaches of judicial ethics, which are outside the enforcement authority’s purview.
Speaking to The Vibes, Cheah referred to news reports stating that Minister in the Prime Minister’s Department (Law and Institutional Reforms) Datuk Seri Azalina Othman Said received a letter from the MACC which said that authorities had forwarded investigation details involving Court of Appeal judge Datuk Mohd Nazlan Ghazali to the chief justice.
“It has been reported that the report forwarded to the chief justice is in respect to their probe over breaches of the Judicial Code of Ethics (JECA).
“Firstly, why is the report from the MACC to the chief justice regarding JECA? The powers of the MACC pertain to corruption.
“The code of ethics is within the purview of the Judicial Ethics Committee,” Cheah told The Vibes when contacted on the matter.
Such a move, she explained, could result in the anti-corruption agency exceeding its statutory powers.
‘Apex court’s ruling doesn’t mean judges aren’t accountable’
The Federal Court ruling last Friday that the MACC’s investigations into Nazlan failed to follow protocol may have been misunderstood by certain quarters who assumed that the law now would prevent investigations against judicial officials.
However, Cheah said that the judgement clearly says no one is above the law including judges, but certain safeguards must be followed to preserve judicial independence and respect the doctrine of separation of powers.
“The Bar made it clear in our press release when the news about MACC’s investigations occurred sometime in April last year. We aren’t saying judges can’t be investigated.
“We are not even saying judges deserve special treatment, but there are certain protocols to follow so that the confidence of everyone towards judicial independence and sitting judges are preserved and protected,” Cheah added.
The Malaysian Bar chief also stressed that Malaysia is not the only country with such safeguards, pointing to other Commonwealth jurisdictions such as India.
Karen explained that India also requires consultations with the chief justice, as opposed to authorities under the executive branch of the government taking matters public and giving the impression that there is some form of interference.
‘It’s the Federal Court’s ruling, not just Tengku Maimun’s’
Yesterday, Umno information chief Isham Jalil, in a Facebook post, said that he disagreed with Tengku Maimun’s ruling that the chief justice’s consultation is required before any MACC investigation into a sitting judge.
Standing firm on his belief that judges are not above the law, Isham said judicial officials should not have immunity from criminal matters.
On that matter, Cheah emphasised that the ruling should not be mistaken to be from the chief justice only, but also from six other judges of the Federal Court – namely, Tan Sri Abang Iskandar Hashim, Datuk Mohamad Zabidin Diah, Datuk Nallini Pathmanathan, Datuk Vernon Ong, Datuk Harmindar Singh Dhaliwal and Datuk Rhodzariah Bujang.
“There is a failure to appreciate that no one is saying judges are above the law and cannot be investigated.
“Further, the case at the Federal Court was heard with seven justices, meaning that the matter was of public importance.
“There are a lot of nuances involved (in the ruling), it’s not a question if we agree or disagree for the purposes of political advantages or disadvantages,” Karen said. – The Vibes, February 28, 2023
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