Putrajaya, Feb 24 — The Federal Court today ruled that the investigation by the Malaysian Anti-Corruption Commission (MACC) against Court of Appeal judge Mohd Nazlan Ghazali was done without regard for judicial independence and protocols.
A seven-member panel led by Chief Justice Tengku Maimun Tuan Mat said the manner in which the investigation was conducted, including its publicisation in a press statement, did not appear to preserve confidence in the judiciary’s independence.
She said the investigation against Nazlan was also done without consultation with the judiciary and had cast doubt on whether the probe was conducted bona fide or in good faith.
“Criminal investigative bodies cannot on their own accord publicise or advertise facts of investigation or the contents of investigations on a superior court judge without the prior approval of the chief justice.
“The contents in their entirety must remain confidential at all times,” she said.
Tengku Maimun said this in the court’s unanimous decision answering two questions of law pertaining to the powers of criminal investigation bodies to investigate serving superior judges, 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 Azam Baki, MACC and the federal government after MACC opened an investigation paper against Nazlan following a report on an allegedly unexplained sum of more than RM1 million in Nazlan’s bank account.
The lawyers argued that criminal investigation bodies and the prosecution could only commence investigations into a serving judge after the judge was suspended by the Yang di-Pertuan Agong or removed by a tribunal.
Nazlan subsequently lodged a police report against an online portal which alleged he was being investigated over unexplained wealth in his account.
Nazlan was the High Court trial judge who convicted and sentenced former prime minister Najib Razak to 12 years in jail and a RM210 million fine on seven charges relating to RM42 million in funds belonging to SRC International on July 28, 2020.
The other judges presiding on the Federal Court panel were Court of Appeal president Amar Abang Iskandar Abang Hashim, Chief Judge of Malaya Mohamad Zabidin Mohd Diah and Federal Court judges Nallini Pathmanathan, Vernon Ong Lam Kiat, Harmindar Singh Dhaliwal and Rhodzariah Bujang.
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