FOURTEEN former Malaysian Bar presidents have expressed their “profound disappointment” over Attorney-General (AG) Tan Sri Idrus Harun’s silence during a time when attacks are levelled against Justice Datuk Mohd Nazlan Ghazali.
They said Idrus had failed to respond to the claim that Mohd Nazlan had a conflict of interest when presiding over the SRC International case despite the Federal Court’s dismissal of the allegation raised by former prime minister Datuk Seri Najib Razak’s lawyers.
They also accused the AG of failing to publicly clear Nazlan, now a Court of Appeal judge, of allegations of corruption.
“More so as the AG was himself a former Federal Court judge and must surely appreciate the devastating effect of his silence upon the judiciary and the sanctity of the administration of justice,” they said in a joint statement.
The statement was signed by Tan Sri VC George, Datuk Param Cumaraswamy, Zainur Zakaria, Datuk Cyrus Das, Datuk Mah Weng Kwai, Datuk Kuthubul Zaman Bukhari, Datuk Yeo Yang Poh, Datuk Ambiga Sreenevasan, Datuk Lim Chee Wee, Steven Thiru, Datuk George Varughese, Datuk Fareed Abdul Gafoor, Salim Bashir and AG Kalidas.
The past presidents claimed that there was a “continuing intimidation” of the judiciary in connection with the SRC International case, noting that this was a danger to the rule of law.
They pointed out that two separate Federal Court panels had decided that there were no merits to allegations of conflict of interest on Mohd Nazlan’s part.
They also said the sole dissenting judge in the decision to reject Najib’s bid to review his conviction and sentence had not touched on the issue of Mohd Nazlan’s alleged conflict of interest.
“Thus, the allegation of conflict of interest against Mohd Nazlan has been decided with finality. The principle of res judicata applies and the matter cannot be reopened,” they said.
“This case has given rise to an unacceptable level of intimidation against judges who are doing their duty to uphold the law without fear or favour. They are facing constant harassment, and are subject to machinations and schemes by some with vested interests.
“All of this must stop as it does not serve the rule of law or the country. Those who have been found to have committed offences must pay for it.”
Yesterday (April 6) Minister in the Prime Minister’s Department (Law and Institutional Reform) Minister Datuk Seri Azalina Othman Said confirmed that the Malaysian Anti-Corruption Commission’s (MACC) probe on Nazlan concluded that he had violated the Judges’ Code of Ethics and had a conflict of interest when presiding over the SRC International case.
Azalina was responding to a letter from Najib’s solicitors, dated March 15, inquiring whether MACC had written to Chief Justice Tun Tengku Maimun Tuan Mat to recommend that disciplinary proceedings be commenced against Mohd Nazlan in relation to his conduct of the SRC International case.
This came after images of a purported letter from MACC chief Tan Sri Azam Baki to Tengku Maimun made the rounds on social media, days after the Federal Court dismissed Najib’s bid to review his conviction and sentence.
“It is unusual that a minister has seen fit to respond and provide information to a litigant in respect of MACC’s letter to the chief justice. This reeks of interference,” said the past Bar presidents.
“Moreover, it is astounding that such a sensitive and confidential letter could have found its way into the public domain, and raises serious questions about the confidentiality of MACC processes, which warrant immediate investigation.”
They further argued that MACC’s letter involved issues beyond the agency’s authority and jurisdiction under the MACC Act.
“MACC does not have any power nor jurisdiction to investigate, let alone make findings or come to a view of an alleged conflict of interest in a court matter and breaches of judicial ethics,” they asserted.
“The position taken by MACC via its committee is untenable and serves to confuse the issue and the public.”
Mohd Nazlan, now a Court of Appeal judge, was the High Court judge who, on July 28, 2020, convicted and sentenced Najib to 12 years’ jail and a imposed a RM210 mil fine for misappropriating RM42 mil of SRC International funds.
Najib’s application for a review of his conviction and sentence was dismissed by a separate Federal Court bench last Friday (March 31).
The latest ruling means that the former Pekan MP will remain behind bars for the remainder of his prison term will remain behind bars unless he secures a royal pardon from the Yang di-Pertuan Agong. – FocusM, April 7, 2023
