Never has one letter created so many perceptions - right and wrong - in the administration of justice in this country.
So many questions remain unanswered after Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said confirmed in a letter to Najib Abdul Razak’s lawyers that the MACC had found judge Mohd Nazlan Mohd Ghazali in breach with the Judges’ Code of Ethics and had a conflict of interest while presiding on the SRC International case.
What comes to mind immediately is the notion that something is brewing in the backrooms of power. Away from the eyes and ears of the public, is the judiciary being undermined?
The idea is all investigations carried out by the MACC are confidential. So, why are details of such an investigation being shared with a minister?
Doesn’t this dismiss the notion that the MACC is independent? Does the minister have the power to provide details of an investigation to third parties?
Does the MACC have the power to investigate breaches of ethics of professionals?
Now, the bigger question is- can the MACC investigate a judge for breach when there is already a mechanism in place?
These questions are the consequences of one letter which now has cast aspersions on the conduct and integrity of the judge.
Does MACC have the expertise? In the process, MACC undermined and usurped the powers vested in Nazlan’s peers.
Shouldn’t MACC refer the matter to the Judges’ Ethics Committee to investigate and decide if there were indeed breaches of the code of conduct?
Questionable motives
Despite Chief Justice Tengku Maimun Tuan Mat’s assertion on Feb 24 that the MACC's probe on Nazlan had not followed protocol, why did Azalina proceed to send the said letter?
For a good measure, her rejoinder that its motives were also questionable was touching indeed: “The curious timing of the investigation... done without consultation with the judiciary, also casts doubt on whether the investigation was bona fide.”
Hence, one cannot disagree with former Malaysian Bar president Ambiga Sreenevasan when she claimed that the letter was a case of executive interference.
“This is, in my view, clear executive interference, exceeding of jurisdiction by MACC and a cunning plan to undermine the judiciary.
“All because some lawbreakers refuse to be held accountable. Is this acceptable to Prime Minister Anwar Ibrahim?” she tweeted.
Having said that, let us agree that judicial independence is a prerequisite to the rule of law and a fundamental guarantee of a fair trial. A judge is expected to uphold and exemplify judicial independence in both its individual and institutional aspects.
As such, the level of independence and integrity expected of a judge is exceptional, and it is evident from the fact that not only must judges act ethically but they must also give the appearance of acting ethically.
The MACC has been making the news for all the wrong reasons over the past few months. From its head honcho Azam Baki’s shareholding to his officers links to controversial businessperson, Victor Chin Boon Long.
Last month, I wrote: “Malaysians have had on several occasions come across claims questioning the impartiality of the MACC. Such claims were made by none other than Anwar’s comrades when they were on the opposite side.”
Anwar has been persistent and consistent in his clarion calls to fight corruption and zero tolerance for graft.
I added that Anwar “cannot pretend Azam has no integrity and honesty issues”. Hence, yesterday’s revelations of the letter despite the reservations of the chief justice will add to the voices who want Azam to go.
In future, what happens when information is not made available to solicitors requesting information on behalf of persons being investigated? Certainly, there will be cries of double standards.
Azam and Azalina will then have to do a lot of explaining. - Mkini
R NADESWARAN is a veteran journalist who writes on bread-and-butter issues. Comments: citizen.nades22@gmail.com.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.
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