PETALING JAYA: The Malaysian Bar has called for balanced investigations by authorities in the matter of Court of Appeal judge Datuk Mohd Nazlan Mohd Ghazali.
It noted in a statement on Sunday (April 24) that the Malaysian Anti-Corruption Commission had begun investigating Mohd Nazlan over allegations of unexplained money in his account.
“On this basis we demand equivalent investigations to be carried out by the authorities on the police report lodged by Mohd Nazlan.
“There should be no double standards in approaching the (matter),” it said, adding that the MACC probe violated the doctrine of separation of powers and undermined the judiciary’s independence.
Mohd Nazlan lodged a police report against the blog Malaysia Today on Thursday (April 21) over allegations of unexplained money in his account.
He denied the claim and said it was malicious, baseless and aimed at tarnishing his credibility as a judge.
The Malaysian Bar said it stood with and supported Malaysian judges who are independent and have integrity, and was appalled by the turn of events leading to the MACC probe.
It pointed out that the office of the Chief Registrar of the Federal Court had also said that the post contained false, baseless and malicious accusations to interfere with the due administration of justice.
The judiciary as an institution and judges individually are conferred with certain constitutional guarantees to insulate them from political and other influence and pressure in order to secure their independence and impartiality, the Bar noted.
It added that it fully supported the efforts by the Chief Justice to maintain the independence of the judiciary.
“All judges must have the proper space to discharge their judicial duties in a manner apparent to all,” it said.
“Article 125 of the Federal Constitution provides a specific pathway which allows for complaints of judicial misconduct to be addressed in a manner that ensures continued public confidence in the judiciary,” it added, in pointing out that the probe was unconstitutional.
The statement also noted that the judiciary was not in a position to take steps to protect itself by getting involved in a trial by media or any form of public controversy.
Therefore, it said the Malaysian Bar was speaking up to uphold the dignity and integrity of the courts and the judiciary as a whole.
Mohd Nazlan was the High Court trial judge in the case of former prime minister Datuk Seri Najib Razak over the misappropriation of RM42mil in funds from SRC International Sdn Bhd.
He delivered a guilty verdict on July 28, 2020 and sentenced Najib to 12 years’ jail.
On Dec 8 last year, the Court of Appeal upheld the conviction, unanimously dismissing Najib’s appeal.