THE Malaysian Anti-Corruption Commission (MACC) has no power to present their views to the chief justice on an alleged breach of the code of ethics by SRC International trial judge Mohd Nazlan Mohd Ghazali, former Bar presidents said today.

“MACC only has the power to investigate a alleged corruption and matters related thereto. This is clearly set out in the MACC Act 2009.

“MACC does not have any power or jurisdiction to investigate, let alone make findings or come to a view of the alleged conflict of interest in a court matter and breaches of judicial ethics,” the former chiefs said in a statement.

Yesterday, the MACC said Nazlan – who convicted former prime minister Najib Razak of multiple corruption charges for embezzling SRC International funds – had a conflict of interest in the case.

Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said confirmed this in a letter dated March 20 to Najib’s solicitors, Shafee & Co.

Based on the MACC findings dated February 20, Azalina said Nazlan had violated the Judges’ Code of Ethics and had a conflict of interest.

Shafee & Co had written to Azalina on March 15, enquiring whether the MACC had established a conflict of interest and, if so, it had written to Chief Justice Tengku Maimun Tuan Mat to recommend that Nazlan be subject to disciplinary proceedings for his conduct.

The MACC has overstepped its authority, the senior lawyers said, adding that – under the MACC Act – only the judiciary has the power to act on judicial ethics.

“This constitutes a serious transgression by MACC of their authority and jurisdiction under the governing act.

“The MACC letter concerns issues that are not within its purview or competence.

“It is clear that the MACC cannot make findings, come to a view or decide on matters that fall outside its jurisdiction.

“These are squarely within the purview of the Judiciary,” the former bar presidents said.

The statement was signed by V.C. George, Param Cumaraswamy, Zainur Zakaria, Cyrus Das, Mah Weng Kwai, Kuthubul Zaman Bukhari, Yeo Yang Poh, Ambiga Sreenevasan, Lim Chee Wee, Steven Thiru, Fareed Abdul Gafoor, Salim Bashir Bhaskaran, and A.G. Kalidas.– April 7, 2023. – April 7, 2023.