MACC said it has the power to investigate all public officers, including judges.
In a statement released today, the commission urged the public to give them the room to carry out all processes as permitted under the law.
This came amid heavy criticisms against MACC after its chief commissioner Azam Baki confirmed that they had opened an investigation into Court of Appeal judge Mohd Nazlan Mohd Ghazali (above).
"MACC wants to clarify the issue regarding an investigation against a judge, which had been raised by certain quarters recently and received public attention.
"Based on procedures, this commission is responsible to verify and investigate any report or official complaint that is lodged with MACC concerning matters that are under its jurisdiction.
"MACC is vested with the power to investigate corruption offences under the MACC Act 2009, including to carry out investigation against 'public body officers' which in Section 3 of the act are interpreted as any individual who is a member, officer, employee or anyone who serves a public body, and they include members of the administration, MPs, member of a state legislative assembly, High Court judge, Court of Appeal judge, or Federal Court judge, and anyone who receives a salary from a public body...," the statement added.
It added that in line with the principle of separation of powers, MACC would submit the investigation paper to the Attorney-General's Chambers once they have completed an investigation for the AGC to decide whether to press charges or otherwise.
According to MACC, they had investigated judges in the past, and all the investigation papers were submitted to the AGC for evaluation.
On the probe into Nazlan, the commission said they had received three reports against the judge so far, and the investigation is still in its preliminary stage.
The reports were lodged on March 15, April 23, and April 27 this year.
Comes under fire
MACC also stressed that opening an investigation against any individual should not be construed as the person having been found to be in the wrong.
"Thus, MACC asks that the public give us the room to carry out the investigation process according to the law."
Nazlan is the judge who presided over the criminal trial against former prime minister Najib Abdul Razak over corruption charges involving RM42 million of funds from SRC International.
The judge then found the politician guilty and sentenced him to 12 years in jail and a fine of RM210 million.
MACC had come under fire recently after Azam confirmed to the media that MACC had opened a probe against Nazlan over allegations that he has unexplained wealth.
Opposition politicians had since called the announcement an assault on the judiciary and had cast aspersions on Nazlan. - Mkini
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