Legal firm told to make direct application to MACC over probe into judge’s case, says Azalina

April 7, 2023

Legal firm told to make direct application to MACC over probe into judge’s case, says Azalina

KUALA LUMPUR: Messrs Shafee & Co was told to submit an official application directly to the Malaysian Anti-Corruption Commission (MACC) if they wish to obtain the results of the agency’s investigation into judge Datuk Mohd Nazlan Ghazali’s case, says Datuk Seri Azalina Othman Said.

The Minister in the Prime Minister’s Department (Law and Institutional Reform) said in a statement that any matter related to this was under the jurisdiction of the judiciary.

“On Feb 23, I gave a verbal answer in the Dewan Rakyat to the question raised by the Tenggara and Tasek Gelugor MPs over the leaked MACC investigations into the case.

“I have explained that the MACC, through a letter dated Feb 21, 2023, has informed that one MACC report against Mohd Nazlan was submitted on the same date to the Chief Justice in relation to violations of regulations under the 2009 Code of Judicial Ethics,” she said in a statement.

She added that she had also informed the Dewan Rakyat that this matter is subject to the decision of the Chief Justice in accordance with Clauses 3 and 3A of Article 125 of the Federal Constitution.

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She said her reply to the legal firm’s letter was in line with her answer in the Dewan Rakyat and the facts that she was privy to in carrying out her responsibilities as a member of Parliament administration.

“I have also requested that Messrs Shafee & Co to submit an official application directly to the MACC if they wish to obtain the results of the MACC’s investigation regarding this matter.

“As I stated earlier in the Dewan Rakyat, any matter related to this is under the jurisdiction of the judiciary.

“The government always respects and continues to adhere to the principle of the separation of powers,” she said.

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Earlier, Azalina’s aide confirmed that the minister had responded to queries made by Datuk Seri Najib Razak’s lawyer on the MACC probe into Justice Mohd Nazlan..

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“The letter sent by the Minister’s office dated March 20, 2023, is legitimate and in response to a letter sent by Messrs Shafee & Co to her,” said the aide.

On Feb 24, a seven-member panel of the Federal Court, led by Chief Justice Tun Tengku Maimun Tuan Mat, held that the MACC’s investigation into Justice Nazlan was done without following proper protocols.

The Chief Justice also questioned the timing of the investigation, which was done on the eve of Najib’s final appeal to overturn the 12-year jail sentence and RM210mil fine for the misappropriation of SRC International funds.

Justice Nazlan was the High Court judge who convicted and sentenced Najib to 12 years in jail and a RM210mil fine for misappropriating RM42mil of SRC International Bhd funds.

Tengku Maimun said even though investigative bodies were constitutionally entitled to investigate superior court judges, it must be exercised in good faith and only in genuine cases.