THE smear campaign against the judge who convicted Najib Razak is intended to secure and justify a royal pardon for the jailed ex-prime minister, anti-graft watchdogs said.  

The Bersih steering committee and Gabungan Bertindak Malaysia believe this is being done by Najib’s lawyers and associates.  

They said this in reference to Malaysian Anti-Corruption Commission’s (MACC) probe against justice Mohd Nazlan Mohd Ghazali. 

The Bersih secretariat said they are now calling on the Yang di-Pertuan Agong and all Malaysians to reject this move by a convicted criminal and his associates. 

They said Najib’s associates are trying to subvert the administration of justice and to bring the judiciary into disrepute, insisting that Chief Justice Tengku Maimun Tuan Mat be allowed to decide on any appropriate action independently.  

Last week, senior lawyers had called for contempt proceedings to be initiated against any party that interferes with the judiciary, including those who try to usurp powers to investigate judges.  

MACC had earlier concluded that Nazlan had a conflict of interest in the SRC International case involving Najib. 

The lawyers said MACC had no jurisdiction in investigating the conduct of a judge, which fell under the judges’ code of ethics and required a judicial response.   

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

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

Based on MACC’s findings dated February 20, Azalina said Nazlan had violated the judges’ code of ethics and had a conflict of interest 

The Bersih secretariat said it was evident from publicly available facts that three of the four stipulations made by the Federal Court had been violated by MACC and the government.  

“The investigation of Justice Nazlan commenced without consulting the chief justice and the fact of the investigation was advertised without her approval.  

“This was held by the Federal Court to be a very strong indication of a lack of bona fides (good faith) in a criminal investigation.  

“Now, even the contents of the MACC’s findings have been published by the minister,” they said in a statement.  

Bersih said MACC is empowered only to investigate offences against the MACC Act.  

“Following such an investigation, it may forward a complaint to the chief justice of the Federal Court to decide whether further action should be taken under the Judges’ Code of Ethics 2009.” 

Bersih said MACC has no expertise or authority to decide whether a judge presiding over a criminal trial has a conflict of interest that requires him to recuse himself from the trial. 

“The MACC’s intrusion into matters of judicial trial management and judicial ethics appears to demonstrate its arrogance, disrespect and contempt for the independence of the judiciary.” 

“It is clear from this episode that the MACC needs deep structural reforms to free it from the influence of the executive and not be weaponised for political expediency.  

“An inquiry into the MACC’s actions, which was judged to be done in bad faith by the Federal Court and the “curious” timing of publicising their investigation just before Najib’s SRC final appeal before the apex court last year, should be initiated by a Parliamentary Special Select Committee.” 

Bersih said no-one was above the law and that investigating authorities must investigate all allegations of wrongdoing made by members of the public, even against members of the judiciary. 

“However, because the safety and welfare of all Malaysians depends on the judiciary being allowed to administer justice independently, without fear or favour, allegations of wrongdoing cannot be allowed to be made in bad faith in order to subvert the administration of justice or to bring the judiciary into disrepute,” they said. – April 11, 2023.