SHAH ALAM - The Coalition for Clean and Fair Elections (Bersih) and Gabungan Bertindak Malaysia (GBM), in a joint statement today, have condemned the recent campaign by certain parties to smear the good name of Datuk Mohd Nazlan Mohd Ghazali, the judge who convicted Datuk Seri Najib Razak in the SRC International Sdn Bhd case.
The NGO's said the campaign was designed to tarnish the good name of the Malaysian Judiciary.
" The Malaysian Anti-Corruption Commission does not have the expertise to decide whether a judge chairing a criminal trial had a conflict of interest to the point where he needed to withdraw from the trial or decide whether the judge has gone against the Judges' Code of Ethics
"Investigations towards Nazlan has been done without referring to the Chief Justice and the investigation facts have been disclosed without consent.
"The matter has been held by the Federal Court as a strong indication that there is a lack of goodwill in the criminal investigation and now MACC investigation findings have been disclosed to the public by the minister," it said.
Sinar previously reported that Nazlan lodged a police report regarding an article titled 'Group calling for Najib’s pardon now wants judge Nazlan Arrested’ and ‘Shocking Revelation: Najib’s Trial Judge Nazlan’s Conflict-of-Interest Exposed’ dated March 14.
The statement explained that following investigations, MACC could have filed a complaint to the Chief Justice of the Federal Court,Tun Tengku Maimun Tuan Mat and left it to her discretion to determine further if any action should be taken under the Judges' Code of Ethics 2009.
Touching on the Malaysian Anti-Corruption Commission's (MACC) investigations against Nazlan, the NGOs said MACC had announced to the press in April 2022 about ongoing investigations against a judge for corruption offences, following allegations made against Nazlan by a blogger.
"MACC's interference in the management of judicial proceedings and judicial ethics shows arrogance, barbarity and contempt of the judiciary's independence.
"Any investigations before Najib's final SRC appeal in the highest court last year should only be initiated by the Parliamentary Special Select Committee," the statement explained.
The statement said the reckless accusations of judicial misconduct are very serious and potentially damaging, even Article 127 of the Federal Constitution allows court proceedings to be debated in Parliament except with a substantive motion brought by no less than one-fourth of MPs.
Bersih and GBM pleaded to the Yang di-Pertuan Agong and all Malaysians to reject the attempts of convicted criminals to subvert the administration of justice and tarnish the judiciary's reputation.
"The Chief Justice must provide room to decide on the appropriate actions independently snf based on information referred," the statement said.