FMT:
Why do cops, MACC need to get CJ’s permission to probe wrongdoing, asks Zaid
The Federal Court says the anti-graft agency’s investigation against Justice Nazlan Ghazali was done without following protocol.
Zaid Ibrahim questioned the need for the police and MACC to obtain permission from the judiciary to investigate judges.
PETALING JAYA: Former law minister Zaid Ibrahim has called on Prime Minister Anwar Ibrahim to explain what law dictates the Malaysian Anti-Corruption Commission (MACC) and the police to get the Chief Justice’s consent to investigate judges.
“Now, the prime minister must answer this, do the MACC and police need to inform and get approval from the Chief Justice before they investigate any wrongdoing by a judge?
“Under what law is this established?” he asked on Twitter.
Earlier today, the apex court held that MACC’s investigation against Justice Nazlan Ghazali was done without following protocol.
PETALING JAYA: Former law minister Zaid Ibrahim has called on Prime Minister Anwar Ibrahim to explain what law dictates the Malaysian Anti-Corruption Commission (MACC) and the police to get the Chief Justice’s consent to investigate judges.
“Now, the prime minister must answer this, do the MACC and police need to inform and get approval from the Chief Justice before they investigate any wrongdoing by a judge?
“Under what law is this established?” he asked on Twitter.
Earlier today, the apex court held that MACC’s investigation against Justice Nazlan Ghazali was done without following protocol.
kt comments: If any of you good people happens to be thinking of angels, have you heard of judges by the names of Eusoff Chin, Mohtar Dugong, Augustine Paul?
Chief Justice Tengku Maimun Tuan Mat said this in delivering the ruling on a suit brought by three lawyers to challenge the investigation by MACC into claims of an unexplained sum of more than RM1 million in Nazlan’s bank account.
“Investigative bodies like MACC must consult the Chief Justice before (initiating) the probe. Their failure to inform shows that there was a lack of bona fide on their part,” she said, following the unanimous decision by a seven-member panel, which she chaired.
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Zaid, in case you don't understand, the Judiciary of Malaysia is Constitutionally a separate, independent and equal institution to the Malaysian Executive.
ReplyDeleteNo one is above the law, but proper protocol has to be followed to respect the "separate, independent and equal institution" status.
Zaid was just asking what law/[rocedure/protocol would that be?
DeleteNo, Zaid did not ask what law is that under - that is just process.
DeleteZaid asked "WHY do cops, MACC need to get CJ’s permission to probe wrongdoing" ....Zaid was questioning the principle (the why) , and I have answered above on the reasoning and the Constitutional principle...looks like Zaid is a lawyer who doesn't understand (or purposely pretend don't understand) about the separate , equal , and independent status that must be respected by the Executive.
No one is above the law, and no one should kowtow to the CJ, just as no one kowtow to anyone when arresting and prosecuting Najib
DeleteI see a dangerous cabal of UMNO-aligned elite, including Zaid Ibrahim, Raja Petra and the whole Bossku gang., who are willing to manipulate and interfere in Malaysia's judiciary in order to get Najib free.
DeleteDeny, deny any wrongdoing, even as they earlier denied even the existence of any criminal issue with 1MDB. Attack and bring down the judges who found Najib guilty, including the High Court Judge, and the Federal Court judges.
Very Mahathir-ish, the same playbook.
ktemoc "one kowtow to anyone when arresting and prosecuting Najib" - who are you trying to Bullshit ?
DeleteA heck of a lot of people kowtowed to Najib - he was invincible.
The whole sorry 1MDB saga had been swept under the carpet, ultimately impossible to prosecute after the 7 year period on commercial crimes.
It only became possible to get Najib arrested, investigated and prosecuted after Najib and UMNO lost power in GE14.
I am of the view that the MACC should have the power to investigate anybody.
ReplyDeleteHowever, having said that, there are two points to note:
1) the Federal Court led by the CJ said that the correct protocol was not followed. The questions are, (a) what protocol is the CJ referring to? (b) is the "protocol" legally binding before anything can happen?
2) related to the above points, if the MACC were to investigate a minister, would the MACC be required to appraise the PM before proceeding? And is this just a courtesy call to keep the PM informed (not to ask for permission) or a mandatory step to clear with the PM before the MACC can investigate the minister?