January ruling on bid to refer judge Nazlan’s probe to Federal Court
Published on: Wednesday, November 22, 2023
By:
FMT, Ho Kit Yen
High Court Judge Nazlan Mohd Ghazali, who convicted Najib Razak in an earlier trial on charges related to SRC International.
Kuala Lumpur: The High Court has set Jan 17 next year to rule on whether to allow an application by Muda to refer constitutional issues arising from the Malaysian Anti-Corruption Commission’s (MACC) investigation into Justice Nazlan Ghazali to the Federal Court for determination.
Justice Ahmad Kamal Md Shahid told Muda’s lawyer Lim Wei Jiet and senior federal counsel Ahmad Hanir Hambaly, appearing for MACC, that the court needed time to look into the submissions of both parties.
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Muda wants the apex court to determine whether MACC has authority and jurisdiction to investigate a serving superior court judge for breaching the Judges’ Code of Ethics 2009 and presiding over a case despite a conflict of interest.
The opposition party filed the lawsuit in April in a bid to declare as unlawful and unconstitutional the agency’s findings that Nazlan might have breached judicial ethics and acted in conflict of interest when presiding over Najib Razak’s SRC International trial in the High Court.
Earlier today, Lim told the court that the matter must be referred to the Federal Court for determination.
“If the court doesn’t hold MACC accountable, it will continue to overstep its authority,” he added.
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However, Hanir objected, saying the apex court had already decided a similar matter in a suit brought against MACC by three lawyers, including the late Haris Ibrahim.
In February, the apex court held that MACC’s investigation into Nazlan was carried out without following protocol. It said investigative bodies must consult the chief justice before commencing a probe into a sitting superior court judge.
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The Federal Court added that MACC’s failure to inform Chief Justice Tengku Maimun Tuan Mat of the intended application showed a lack of good faith on the investigators’ part.
Hanir also pointed out that Prime Minister Anwar Ibrahim had answered all questions relating to the Nazlan probe in the Dewan Negara.
Anwar told the Senate that MACC’s findings did not suggest that a criminal offence had been committed. The Attorney-General’s Chambers agreed with that conclusion, the prime minister said.
On July 28, 2020, Nazlan convicted Najib on charges of abuse of power, criminal breach of trust and money laundering involving RM42 million belonging to SRC International, which had been deposited into the former prime minister’s bank accounts.
He was sentenced to 12 years in prison and fined RM210 million. The conviction and sentence were upheld by the Court of Appeal on Dec 8, 2021, and the Federal Court on Aug 23, 2022.
Najib is currently serving his jail term at the Kajang prison.
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