PUTRAJAYA, Feb 24 – The Federal Court ruled today that an investigation conducted by the Malaysian Anti-Corruption Commission (MACC) against Court of Appeal judge Datuk Mohd Nazlan Mohd Ghazali was done without regard for judicial independence and protocols.
A seven-member panel of the court led by Chief Justice Tun Tengku Maimun Tuan Mat said the manner the investigation was conducted, which included publicising it through a press statement, did not appear to preserve confidence in the judiciary’s independence.
She said the investigation against Nazlan was done without consultation with the judiciary and had cast doubt on whether the probe was done bona fide (in good faith).
“Criminal Investigative bodies cannot on their own accord publicise or advertise facts of investigation or contents of the investigation on a superior court judge without prior approval of the Chief Justice. The entire content must remain confidential at all times,” she said.
Justice Tengku Maimun said this in the court’s unanimous decision to answer two questions of law pertaining to the powers of criminal investigating bodies to investigate serving superior judges which were raised by lawyers Haris Fathillah Mohamed Ibrahim, Nur Ain Mustapa and Sreekant Pillai.
The lawyers filed a lawsuit on May 6 last year against MACC chief commissioner Tan Sri Azam Baki, MACC and the federal government after MACC opened an investigation paper against Mohd Nazlan following a report lodged on an allegedly unexplained sum of more than RM1 million in Mohd Nazlan’s bank account.
The lawyers contended that criminal investigating bodies and the prosecution can only commence investigation on a serving judge after the judge was suspended by the Yang di-Pertuan Agong or removed by a tribunal.
Mohd Nazlan had subsequently lodged a police report against an online portal which alleged he was being investigated over unexplained wealth in his account.
Mohd Nazlan was the High Court trial judge who convicted and sentenced former prime minister Datuk Seri Najib Tun Razak to 12 years’ jail and a RM210 million fine on seven charges relating to RM42 million in funds belonging to SRC International Sdn Bhd on July 28, 2020.
The other judges presiding on the Federal Court panel were Court of Appeal President Tan Sri Amar Abang Iskandar Abang Hashim, Chief Judge of Malaya Datuk Mohamad Zabidin Mohd Diah and Federal Court judges Datuk Nallini Pathmanathan, Datuk Vernon Ong Lam Kiat, Datuk Harmindar Singh Dhaliwal and Datuk Rhodzariah Bujang.
