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Thursday, April 6, 2023

Lawyer confirms Azalina's letter on Nazlan probe, minister keeps mum

A lawyer for Najib Abdul Razak has confirmed that Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said sent them a letter affirming aspects of the MACC probe on judge Mohd Nazlan Mohd Ghazali.

"We are unaware how these letters have made it into the public domain. But they are authentic," Farhan Shafee told Malaysiakini.

Azalina however declined to comment beyond saying that questions on this issue should be posed to the former premier’s lead counsel Mohamed Shafee Abdullah instead.

According to sources with knowledge on the matter, Shafee had written to Azalina asking her to confirm whether or not MACC had found Nazlan to be in conflict of interest when presiding over the SRC International case.

He also wanted to know if MACC found Nazlan had violated the Judges' Code of Ethics.

Judge Mohd Nazlan Mohd Ghazali

In her reply to Shafee dated March 20, Azalina stated that his "queries are answered in the affirmative".

Previously, Najib's daughter Nooryana Najwa also posted an excerpt of a purported MACC letter to Chief Justice Tengku Maimun Tuan Mat stating that the commission found Nazlan had violated the Judge's Code of Ethics.

The letter was dated Feb 20, four days before a Tengku Maimun-led bench ruled that MACC's probe on Nazlan had not followed protocol.

Tengku Maimun - who read out the ruling - 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.

This is important, she said, to ensure the judiciary is able to carry out its functions freely and independently from external influence.

Chief Justice Tengku Maimun Tuan Mat

The bench also observed the "curious" timing of publicising the probe done before Najib's SRC appeal before the Federal Court last year.

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. - Mkini

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