Wrong to discuss probe of judge Nazlan in Parliament, says Bar president

 

Justice Nazlan Ghazali had violated the Judges’ Code of Ethics 2009, according to the Malaysian Anti-Corruption Commission.

KUALA LUMPUR: Bar Council president Karen Cheah said it was wrong to discuss the Malaysian Anti-Corruption Commission’s (MACC) probe into Justice Nazlan Ghazali in Parliament.

Cheah said the discussion should never have taken place or continued because it violated Article 127 of the Federal Constitution.

“I think the minister, being a practising lawyer and who would be familiar with the articles within the Federal Constitution, should have also reminded herself of such a fact,” she said in an apparent jab at law and institutional reform minister Azalina Othman Said.

Cheah said this at a forum this evening.

“She (Azalina) is also an experienced politician. She should be able to remind herself that Article 127 has kicked in (and) she would not be in the position to answer those questions.”

Article 127 of the Federal Constitution prohibits parliamentary discussion on the conduct of the judges unless there is a substantive motion on which not less than one-quarter of the House members have given notice.

Cheah also said someone among the MPs could have even raised a Point of Order or Standing Order about the discussion violating Article 127.

“For me, Article 127 is important because it is supposed to safeguard the integrity and independence of the judiciary.

“The executives are not supposed to raise this issue in Parliament which would undermine the judiciary as an institution.”

On Feb 23, Azalina told the Dewan Rakyat that she received a letter from the MACC stating that the agency had submitted a report about its probe into Nazlan to Chief Justice Tengku Maimun Tuan Mat on Feb 21.

According to MACC, Nazlan had violated the Judges’ Code of Ethics 2009 and had a conflict of interest when presiding over Najib Razak’s SRC International case.

Nazlan had convicted the former prime minister in July 2020 on charges of abuse of power, money laundering and criminal breach of trust over RM42 million in funds belonging to SRC. He also sentenced Najib to 12 years in jail and fined him RM210 million. - FMT