MACC probe against SRC judge not properly done: CJ

 

The MACC investigation against the superior court judge who convicted and sentenced former prime minister Najib Abdul Razak was done without following protocol, the Federal Court ruled.

The seven-person bench, chaired by Chief Justice Tengku Maimun Tuan Mat, unanimously ruled that the anti-graft watchdog carried out the probe against Court of Appeal judge Mohd Nazlan Mohd Ghazali without consulting her beforehand.

In reading out the observation of the bench - also comprised of Court of Appeal president Abang Iskandar Abang Hashim, Chief Judge of Malaya Mohamad Zabidin Mohd Diah, as well as Federal Court judges P Nallini, Vernon Ong Lam Kiat, Harmindar Singh Dhaliwal, and Rhodzariah Bujang - Tengku Maimun (above) observed the "curious" timing of the publicising of the probe done before Najib's SRC appeal before the apex court last year.

Today's ruling is over a constitutional referral linked to a pending main legal challenge against the MACC probe over Nazlan.

In reading out the ruling today, Tengku Maimun said while the Federal Constitution empowers criminal investigation agencies such as MACC to investigate sitting judges as well as allow the Public Prosecutor to institute criminal court proceedings against such judges, those powers must be exercised in good faith and in genuine cases.

She said this is important to ensure the judiciary is able to carry out its functions freely and independently from external influence.

“It appears to us that in considering the sacrosanct of judicial independence, the Federal Constitution implies a higher standard on investigative bodies when investigating judges are being investigated.

“If it can be demonstrated that the investigation was done for collateral purposes, that investigation can be set aside when judicially reviewed (in a legal challenge against such investigation),” Tengku Maimun said.

[More to follow] - Mkini