MP takes MACC to task over 'double assault' on judiciary

Pasir Gudang MP Hassan Abdul Karim has taken MACC to task over its ongoing probe against Court of Appeal judge Mohd Nazlan Mohd Ghazali.

Hassan, who is a member of an MACC oversight committee, described the probe announced by chief commissioner Azam Baki last week as a double assault on the judiciary.

"Judges in Malaysia must be protected from arbitrary actions by the executive in order to allow them to carry out judicial functions without fear or favour.

"What is being done by the MACC towards justice Nazlan is not only a breach of the separation of powers between the executive and judiciary, but also an assault of an executive body on the judiciary," said the PKR lawmaker.

Contrary to MACC's stand defending the probe, Hassan pointed out there is a specific procedure in place for the government to set up an independent tribunal with powers to remove a sitting judge found guilty of any misconduct or crimes, including corruption.

Among others, he cited the eventual sacking of former chief justice Salleh Abas in 1988 at the height of the constitutional crisis.

Hassan also echoed views against MACC's statement that it had launched a probe against Nazlan as part of the procedure following a report received.

"If the action by MACC to arbitrarily probe judges continues, it will incite fear and worry among judges to carry out their roles and duties in court," he said.

'Perception of revenge'

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

Hassan said MACC must, therefore, be aware of public perception that the ongoing probe was linked to his past decision against Najib.

"The MACC should not be involved with 'revenge' attempts by any parties against justice Nazlan.

"The MACC must realise there is a consistent effort by certain parties whose actions can be viewed as attacks on judicial independence with attempts made to tarnish the integrity of the presiding judge in Najib's case, with an intention to annul the SRC case decision and demand a retrial," said Hassan.

Court of Appeal judge Mohd Nazlan Mohd Ghazali

Further, Hassan said MACC has yet to investigate its chief commissioner's share trading scandal, despite multiple reports and a formal recommendation from MACC oversight committee chairperson Rais Yatim for Azam to be suspended pending an independent probe.

Hassan said his call was made in line with his role as an oversight committee member, mandated by the MACC Act 2009 to advise the prime minister on matters related to corruption.

Blogger Raja Petra Kamaruddin's portal Malaysia Today had previously accused Nazlan of having "unexplained wealth" linked to fugitive tycoon Low Taek Jho who is also known as Jho Low.

Nazlan has lodged a police report over the article. - Mkini