MACC Act allows probe on public officers including judges, says anti-graft body

The Malaysian Anti-Corruption Commission (MACC) today said that it is bound by procedure to investigate any official report or complaint, amid questions by some over its probe of the judge who convicted former prime minister Najib Razak of corruption two years ago.

In a statement, it also said that an investigation did not necessarily mean that the individual in question had committed wrongdoing.

“The commission is responsible for verifying and investigating any report or official complaint involving issues within its purview,” it said.

It also cited the MACC Act 2009 which states among others that the anti-graft agency is empowered to investigate public officers as defined in Section 3 of the act.

“‘Public officers’ means anyone who is a member, officer, employee or servant of a public body, and includes members of the administration, MPs, members of state assemblies, judges of the High Court, Court of Appeal or Federal Court, and any person who receives remuneration from public funds, and, if the public body is a one-person corporation, the person incorporated,” it said.

The MACC recently launched an investigation into Court of Appeal judge Mohd Nazlan Ghazali over allegations of unexplained money in his account.

Nazlan, who was a High Court judge in 2020, had found Najib guilty of criminal breach of trust, abuse of power and money laundering in the misappropriation of RM42 million in SRC International funds.

He sentenced Najib to 12 years in jail and fined him RM210 million.

The MACC said once its investigation into Nazlan was complete, the investigation papers would be submitted to the Attorney-General’s Chambers (AGC) for a decision on whether to prosecute or not, in line with the principle of the separation of powers.

It added that it had a record of investigating judges, and that each investigation paper had been submitted to the AGC for assessment.

In Nazlan’s case, it said it had received one complaint on March 15 and two more on April 23 and 27.

“The investigation is still at the early stage and involves public interests,” it said.