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.
