MM:
Bersih, GBM condemn attempts to smear judge Nazlan by parties aligned to former PM Najib
Court of Appeal judge Datuk Mohd Nazlan Mohd Ghazali is pictured during the swearing-in ceremony at Palace of Justice in Putrajaya January 17, 2023. — Picture by Yusof Mat Isa
Tuesday, 11 Apr 2023 5:15 PM MYT
KUALA LUMPUR, April 11 — The Coalition for Clean and Fair Elections (Bersih) and Gabungan Bertindak Malaysia (GBM) today condemned the recent campaign by parties associated with former prime minister Datuk Seri Najib Razak to smear the reputation of judge Datuk Mohd Nazlan Mohd Ghazali.
Mohd Nazlan is the judge who heard Najib’s SRC International Sdn Bhd case.
In a joint statement, the two non-governmental organisations said the campaign appears to have been designed to subvert the administration of justice and to bring the Malaysian judiciary into disrepute.
“Bersih and GBM believe the smear campaign that has been launched against Justice Nazlan and the Malaysian judicial system by his (Najib’s) lawyers and associates is intended to secure and justify for Najib a royal pardon that would see him freed from prison.
“We humbly call on His Majesty the Yang di-Pertuan Agong and all Malaysians to reject this attempt by a convicted criminal and his associates to subvert the administration of justice and to bring the judiciary into disrepute,” the statement read.
Bersih and GBM also called for the Malaysian Anti-Corruption Commission (MACC) to undergo structural reform for its heinous action against the Malaysian judicial system.
Commenting on MACC’s investigations against Mohd Nazlan, the NGOs said the graft busters had announced to the press in April 2022 about ongoing investigations against a judge for corruption offences, following allegations made against Mohd Nazlan by a blogger.
They said MACC had overstepped its authority when it concluded that Mohd Nazlan violated the Judges’ Code of Ethics 2009.
“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 or to decide whether the judge has breached the code of ethics.
“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,” said the pressure groups.
They added that MACC has no right to make any findings nor come to a view or decide on matters that fall outside their jurisdiction because of a protocol set out by the Federal Court on February 24 for handling investigations against members of the judiciary.
“The investigating body should first seek leave from the Chief Justice to investigate any judge.
“The facts or contents of the investigation cannot be publicised or advertised without the prior approval of the Chief Justice.
“The entire contents of the investigation must always remain confidential, and the Public Prosecutor must consult the Chief Justice when giving instructions during investigations and in respect of his decision to prosecute,” they said.
Bersih and GBM called for an inquiry into the MACC’s actions and the curious timing of publicising their investigation just before Najib’s SRC final appeal before the apex court last year.
Bersih and GBM said such an inquiry should be initiated by a Parliamentary Special Select Committee.
FMT:
What protocol, ex-CJ asks apex court after Nazlan probe ruling
Abdul Hamid Mohamad has criticised the Federal Court’s finding that MACC’s probe into Justice Nazlan Ghazali violated protocol.
Tuesday, 11 Apr 2023 5:15 PM MYT
KUALA LUMPUR, April 11 — The Coalition for Clean and Fair Elections (Bersih) and Gabungan Bertindak Malaysia (GBM) today condemned the recent campaign by parties associated with former prime minister Datuk Seri Najib Razak to smear the reputation of judge Datuk Mohd Nazlan Mohd Ghazali.
Mohd Nazlan is the judge who heard Najib’s SRC International Sdn Bhd case.
In a joint statement, the two non-governmental organisations said the campaign appears to have been designed to subvert the administration of justice and to bring the Malaysian judiciary into disrepute.
“Bersih and GBM believe the smear campaign that has been launched against Justice Nazlan and the Malaysian judicial system by his (Najib’s) lawyers and associates is intended to secure and justify for Najib a royal pardon that would see him freed from prison.
“We humbly call on His Majesty the Yang di-Pertuan Agong and all Malaysians to reject this attempt by a convicted criminal and his associates to subvert the administration of justice and to bring the judiciary into disrepute,” the statement read.
Bersih and GBM also called for the Malaysian Anti-Corruption Commission (MACC) to undergo structural reform for its heinous action against the Malaysian judicial system.
Commenting on MACC’s investigations against Mohd Nazlan, the NGOs said the graft busters had announced to the press in April 2022 about ongoing investigations against a judge for corruption offences, following allegations made against Mohd Nazlan by a blogger.
They said MACC had overstepped its authority when it concluded that Mohd Nazlan violated the Judges’ Code of Ethics 2009.
“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 or to decide whether the judge has breached the code of ethics.
“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,” said the pressure groups.
They added that MACC has no right to make any findings nor come to a view or decide on matters that fall outside their jurisdiction because of a protocol set out by the Federal Court on February 24 for handling investigations against members of the judiciary.
“The investigating body should first seek leave from the Chief Justice to investigate any judge.
“The facts or contents of the investigation cannot be publicised or advertised without the prior approval of the Chief Justice.
“The entire contents of the investigation must always remain confidential, and the Public Prosecutor must consult the Chief Justice when giving instructions during investigations and in respect of his decision to prosecute,” they said.
Bersih and GBM called for an inquiry into the MACC’s actions and the curious timing of publicising their investigation just before Najib’s SRC final appeal before the apex court last year.
Bersih and GBM said such an inquiry should be initiated by a Parliamentary Special Select Committee.
***
FMT:
What protocol, ex-CJ asks apex court after Nazlan probe ruling
Abdul Hamid Mohamad has criticised the Federal Court’s finding that MACC’s probe into Justice Nazlan Ghazali violated protocol.
Abdul Hamid Mohamad served as the country’s fifth chief justice from November 2007 to October 2008. (Bernama pic)
PETALING JAYA: A former chief justice has torn into a recent ruling by the Federal Court which found that the investigation against Justice Nazlan Ghazali by the Malaysian Anti-Corruption Commission (MACC) had violated protocol.
In a blog post, Abdul Hamid Mohamad pointed out that there was no written law to govern the matter.
Neither has the protocol described by Chief Justice Tengku Maimun Tuan Mat ever been mentioned by the courts prior to its formulation by the Federal Court via its ruling last week, he said.
“Without finding any clear constitutional provisions to depend on, the court used the principle of judicial independence and created a new protocol.
“In effect, the MACC was found to have breached a protocol that had yet to exist.
“Whatever it is, the decision gave the courts an excuse to find fault with the investigation.
“Whether it has cleared Nazlan’s name is another matter altogether,” said Hamid, who served as Malaysia’s fifth chief justice from November 2007 to October 2008.
... [extracts only] ...
PETALING JAYA: A former chief justice has torn into a recent ruling by the Federal Court which found that the investigation against Justice Nazlan Ghazali by the Malaysian Anti-Corruption Commission (MACC) had violated protocol.
In a blog post, Abdul Hamid Mohamad pointed out that there was no written law to govern the matter.
Neither has the protocol described by Chief Justice Tengku Maimun Tuan Mat ever been mentioned by the courts prior to its formulation by the Federal Court via its ruling last week, he said.
“Without finding any clear constitutional provisions to depend on, the court used the principle of judicial independence and created a new protocol.
“In effect, the MACC was found to have breached a protocol that had yet to exist.
“Whatever it is, the decision gave the courts an excuse to find fault with the investigation.
“Whether it has cleared Nazlan’s name is another matter altogether,” said Hamid, who served as Malaysia’s fifth chief justice from November 2007 to October 2008.
... [extracts only] ...
The attempt to interfere with the Judiciary is clearly political in nature.
ReplyDeleteUMNO has decades of experience tempering, nay, trampling on the Judiciary , taught by the Master Mahathir himself.
UMNO succeeded with it in 1988, it Must NOT be allowed to succeed again in 2023.