THE Malaysian Anti-Corruption Commission’s (MACC) investigation into Court of Appeal judge Mohd Nazlan Mohd Ghazali based on a blog allegation undermines judicial independence and the rule of law, said the Malaysian Bar.

Bar president Karen Cheah said it is unconstitutional and creates a climate of fear and intimidation.

The anti-graft agency is investigating the judge over an “unexplained” RM1 million in the latter’s bank account. Nazlan, then Kuala Lumpur High Court judge, found former prime minister Najib Razak guilty of graft involving RM42 million in SRC International Sdn Bhd funds in 2020.

The allegation was published on the Malaysia Today blog, against which the Bar said police must conduct “an equivalent investigation” as Nazlan lodged a report against the blog and its handler, Raja Petra Kamarudin.

“The Malaysian Bar states that the MACC investigation violates the doctrine of separation of power, undermines the independence of the judiciary and is unconstitutional,” Cheah said in a statement today.

“There are mechanisms in place to deal with this issue, and pending the determination in such an issue, any attempt by irresponsible parties can be seen as stabbing public confidence in the judiciary.

“Article 125 of the Federal Constitution provides a specific pathway that allows for complaints of judicial misconduct to be addressed in a manner that ensures continued public confidence in the judiciary.”

The investigation will perpetuate “insecurity and suspicion of the judiciary among our citizenry, and does not augur well for the growth and maturity of our nation”, she added.

“The mere possibility of such an investigation by MACC, let alone an actual investigation, will undermine and be perceived as undermining judicial independence.

“A public perception can arise that judges will make decisions that ensure they are not made subjects of investigations by enforcement authorities, which are publicly perceived as being under the control of the government.

“It can further be perceived that in arriving at such a misconceived perception that judges are therefore forced to take steps to ensure they do not antagonise the government.

“This will be a disservice to the faith we have in our rule of law and our democratic nation.”

Cheah said authorities should not “fall to the temptation of irresponsible noise made by keyboard warriors”.

Following the blog allegation, it is not known who or when a report was lodged against the judge to lead MACC to launch its investigation, she added.

She said the Bar is against the probe when the circumstances involve those hiding “behind the comfort of cyberspace”.

“The continued attempts to cut into the credibility of our respected institutions should be immediately curbed. We call for a circumspect approach by our authorities.”

The Bar also cited the recent statement from the Office of the Chief Registrar of the Federal Court, which said the Malaysia Today post “contains false, baseless and malicious accusations to, among other things, interfere with the due administration of justice”.

Nazlan was elevated to the Court of Appeal in February this year. He has since lodged a report to deny the allegation.

Some of his peers have taken to social media to publicly vouch for his character as a person of integrity, and condemn the unsubstantiated claim against him. – April 25, 2022.