THE Malaysian Anti-Corruption Commission’s (MACC) ongoing investigation into a judge has destroyed public trust in the judiciary, Bar president Karen Cheah said. 

She said the agency’s disclosure of the details of the case has drawn heavy criticism from the public and even led to personal threats.

“The MACC investigation and public announcement of the name of the sitting judge undermined the independence of the judiciary and negatively impacted the confidence of the public in the judge and the institution,”  Cheah said today in her speech at the ceremony in Putrajaya to mark the opening of the legal year.

Cheah rapped the MACC for acting solely based on the reports of a fugitive blogger, whom she did not mention but is understood to be Raja Petra Kamarudin. 

“The brickbats have been heavy and there have been direct attacks (on the independence of the judiciary) as well as (threats to) the safety of the judges. 

Cheah did not name the judge in question but did mention that the person was related to the “kleptocracy” case, which is taken to mean the trial of former prime minister Najib Razak over SRC International funds.

High Court judge Mohd Nazlan Mohd Ghazali, who presided over the case, is under investigation by the MACC following allegations of so-called unexplained money in his bank accounts.

During the SRC International trial, Najib’s lawyers argued a conflict of interest on Nazlan’s part because he was Maybank’s general counsel and company secretary between 2006 and 2015, during which time the bank had given a RM140 million loan to Putra Perdana Development Sdn Bhd, of which SRC International was a beneficiary.

In August 2022, Najib withdrew the allegation of bribery against Nazlan and in September, the MACC said it had completed its investigation and was waiting for further instructions from the Attorney-General’s Chambers.

Cheah said that there are adequate mechanisms in place to approach this issue while preserving the integrity of 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,” she said.

Cheah said that any attempts to cast aspersions on the integrity of the judiciary and sitting judges should be curbed immediately, failing which judge’s decisions made while subject to investigation would be perceived as a lack of independence or under the control of the executive.

“We do not wish for the judiciary to be compelled to take steps to ensure that they do not antagonise the executive, as this would be a disservice to the rule of law and the doctrine of separation of powers.

“The Bar fully recognises that all judges must have the proper space to discharge their judicial duties in a manner apparent to all and that the judicial process decisions are independent and free of any interference or intimidation,” she said.

Judges are beholden to no one but the law, not to politicians or to any forms of external interference, Cheah said. – January 9, 2023.