
KUALA LUMPUR (April 28): The Malaysian Anti-Corruption Commission (MACC) on Thursday (April 28) said it was acting within its jurisdiction to investigate public officers, which include judges.
In a statement released on Thursday, the anti-graft body said it had a responsibility to verify and investigate an official report or complaint brought to its attention in line with its procedures.
It added that these investigations also encompass public officers in accordance with Section 3 of the MACC Act 2009.
“'Public officer' means any person who is a member, officer, employee or servant of a public body, and includes a member of the administration, a member of Parliament, a member of a State Assembly, a judge of the High Court, Court of Appeal or Federal Court, and any person which receives any remuneration from public money, and, if the public body is a corporation of one person, includes persons incorporated as such corporation," it said, referring to the said section.
Last week, MACC chief Tan Sri Azam Baki confirmed that investigation papers have been opened on Court of Appeal judge Justice Datuk Mohd Nazlan Mohd Ghazali, following reports lodged to the anti-graft body. He did not elaborate if a full investigation will follow.
On Thursday, MACC clarified that it had received three complaints regarding the matter, on March 15, April 23 and 27. It added that investigations were still at the early stages and involved public interest.
"When an investigation is conducted against any individual, it does not mean that the individual has committed an offence," the MACC clarified in the statement.
The statement added that once investigations are completed, the investigation papers will be submitted to the Attorney-General’s Chambers (AGC) to decide whether to prosecute or otherwise. This, it said, is in line with the principles of separation of power.
It also added that there were past instances where it had investigated judges and passed investigation papers to the AGC.
"MACC requested the general public to provide space for the investigation process to be carried out in accordance with the law," it said.
On April 20, UK-based blogger Raja Petra Kamarudin posted an article titled “Judge Mohd Nazlan being investigated for unexplained RM1 million in his bank account” on the Malaysia Today portal.
Following that, Justice Mohd Nazlan filed a police report against portal and said that the allegations in the article were "false, baseless and malicious" and aimed at undermining his credibility as an Appeals Court judge.
When he was a High Court judge, Justice Mohd Nazlan presided over former prime minister Datuk Seri Najib Razak's trial over the misappropriation of funds in 1MDB-linked SRC International Sdn Bhd.
Justice Mohd Nazlan found the former premier guilty of all seven charges of abuse of power, criminal breach of trust and money laundering, sentencing him for a 12-year jail term plus a RM210 million fine.
On Dec 8 last year, the Court of Appeal upheld this decision. Najib is appealing the decision in the Federal Court.
Justice Mohd Nazlan was elevated to the Court of Appeal in February this year.