MACC cast aspersion on Nazlan with announcement of probe

 

DAP central executive committee member Syahredzan Johan said that the MACC had cast aspersions on a sitting judge with its public announcement that an investigation paper had been opened against Court of Appeal judge Mohd Nazlan Mohd Ghazali.

Syahredzan said this when pointing out that the announcement by MACC chief commissioner Azam Baki had also provided Nazlan's critics with ammunition to besmirch him.

"Putting aside issues as to whether there are other mechanisms available, Azam should not have publicly announced that the MACC is investigating justice Nazlan,” said the lawyer.

Contrary to the investigation announcement that was made on Saturday, Syahredzan said Azam should have waited until investigations reveal a prima-facie case against Nazlan, before confirming the probe.

"Remember, individual judges have no way to defend allegations against them through a media statement.

"Thus, Azam's announcement will be seen as the last word on the issue without any response from the judge," said Syahredzan who is also political secretary to DAP's Lim Kit Siang.

Investigations procedure

Azam previously said the probe was part of investigation procedure whenever a report is lodged. In this case, it is over alleged "unexplained wealth" in Nazlan's account.

Azam Baki

Separately, Amanah Youth and Amanah Young Lawyers dismissed MACC's excuse for the probe as being "weak, baseless and misleading".

"It wouldn't be wrong for the public to perceive that the problem against Nazlan is a form of executive intimidation on the judiciary," said Amanah Youth exco Fadhli Umar Aminolhuda.

Fadhli, as chairperson of Amanah Young Lawyers, said Section 29(3) of the MACC Act states that the power to conduct investigations can be used if an officer "has reasons to suspect" an offence, and not only because a report was lodged as mentioned by Azam.

Fadhli said both Amanah Youth and Amanah Young Lawyers also regretted MACC's hypocrisy in carrying out its duties, including when faced with allegations made against Azam.

Similarly, Muda central executive committee member Lim Wei Jiet said it is wrong for the MACC to suggest that an investigation paper must automatically be opened for every report lodged.

"The law provides for the authorities to dismiss frivolous complaints at the outset to not waste precious time and manpower.

"This is especially when such complaints first arose from a controversial discredited blogger," said Lim in a statement.

‘Unexplained wealth’

Blogger Raja Petra Kamaruddin's portal Malaysia Today had previously accused Nazlan of having "unexplained wealth" allegedly received from 1MDB-linked fugitive Low Taek Jho or Jho Low.

Nazlan has lodged a police report over the article.

"Second, it is especially disappointing that such investigations by MACC are now used by certain irresponsible politicians to cast doubt on the integrity of the judiciary and Nazlan in particular.

"Such an attack would erode public trust in our judiciary, especially when it concerns the SRC and 1MDB trial which are closely watched all across the globe," said Lim.

"Any grievances against the conviction of Najib Abdul Razak by the High Court which Nazlan presided should be taken up at the appellate courts, and not through backhanded politically-driven methods such as these," he said.

Nazlan, when he was a High Court judge in 2020, sentenced Najib to 12 years in prison and RM210 million for corruption, abuse of power and money laundering.

The Court of Appeal upheld the decision last year. Najib is appealing the case in Federal Court. - Mkini