The Center to Combat Corruption and Cronyism (C4 Center) has expressed concern over the MACC investigation of Judge Mohd Nazlan Mohd Ghazali for an alleged ethical breach and having a conflict of interest while presiding over the SRC International case.
According to the group, the probe goes outside the MACC's purview and creates a dangerous precedent of interfering with the judiciary.
“The MACC’s current jurisdiction and powers are afforded to them through the MACC Act – there exist no stipulations in the act that would allow them to overstep into deciding whether or not a judge has violated the Judges’ Code of Ethics.
“As an executive body under the supervision of the Prime Minister’s Department, this action sets off alarm bells of executive interference in the judiciary,” the group said in a statement criticising the MACC’s probe against Nazlan (above).
C4 Center said the MACC should not be an arm of the government, reiterating a long-standing criticism of the anti-graft agency’s lack of independence, with concerns about its work being at risk of politicisation.
The group also warned that if the MACC positioned itself to decide on matters of the judges’ ethical conduct, it could erode public trust in the judicial system and hinder efforts to bring corrupt individuals to justice.
‘Gaps in existing institutions’
“This is especially dangerous, considering that corrupt politicians, by and large, have been able to escape legal scrutiny owing to the gaps in existing institutions.
“Hence, it is in the MACC’s best interests that its functions and structure are in line with principles of independence, transparency and the separation of powers,” it added.
C4 Center also made several calls for action, including the establishment of a royal commission composed of independent individuals to investigate the MACC's overstepping of its boundaries.
The royal commission would also investigate other serious controversies surrounding the MACC, the group added, including accusations of political persecution and unresolved corporate share ownership issues involving the agency’s chief commissioner.
‘Stop politicising Najib’s corruption’
On a similar note, C4 Center stressed that the politicisation of former prime minister Najib Abdul Razak’s trial as well as the propaganda efforts to secure him a royal pardon should be halted.
It argued that Najib's crimes were not just a mistake, but a deliberate and harmful act that negatively impacted many Malaysians. It warned that granting Najib a pardon would be an insult to those who worked hard to hold him accountable for his actions.
It also highlighted that some political parties were attempting to use the case to their advantage.
The group referred to a police report that Bersatu Youth lodged against the MACC on April 12 on two investigation leaks by the agency.
The report was related to the party’s frozen bank accounts and Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said’s letter to Najib’s legal team about Nazlan’s breach.
The group said that while the claims were valid, it believed that this was Bersatu Youth’s attempt at politicising this situation to its benefit by publicly opposing Najib’s case or attempting to discredit the MACC.
“Our politicians need to contend with the fact that Malaysia has undergone massive strides in the direction of rejecting corruption and this is reflective of Malaysians’ attitudes in desiring to see a change in our political and societal culture.
“The MACC and judiciary are both key institutions in the fight against corruption and must never be manipulated and used as tools to meet political agendas and must be held to the highest standards of conduct, guided by established principles,” C4 Center added. - Mkini
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