THE Federal Court ruled today that Malaysian Anti-Corruption Commission’s (MACC) probe into Court of Appeal judge Mohd Nazlan Mohd Ghazali was done without regard for judicial independence and protocols.

A seven-member panel of the court, led by Chief Justice Tengku Maimun Tuan Mat said the manner in which the investigation was conducted, which included publicising it through a press statement, did not appear to preserve confidence in the judiciary’s independence.

She said MACC’s investigation was done without consultation with the judiciary and had cast doubt on whether the probe was done bona fide (in good faith).

“Criminal investigative bodies cannot on their own accord publicise or advertise facts of investigation or contents of the investigation on a superior court judge without prior approval of the chief justice. The entire content must remain confidential at all times,” she said.

Justice Tengku Maimun said this in the court’s unanimous decision to answer two questions of law pertaining to the powers of criminal investigating bodies to investigate serving superior judges, which were 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 the anti-graft agency began investigating Nazlan following a report lodged on an allegedly unexplained sum of more than RM1 million in his bank account.

The lawyers contended that criminal investigating bodies and the prosecution can only commence a probe into a serving judge after he or she has been 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’ jail and a RM210 million fine on seven charges relating to RM42 million in funds belonging to SRC International Sdn Bhd on July 28, 2020.

The other judges presiding on the Federal Court panel were Court of Appeal President 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. – Bernama, February 24, 2023.