MACC report on judge Nazlan given to chief justice

The Malaysian Anti-Corruption Commission (MACC) report on Court of Appeal judge Mohd Nazlan Ghazali relating to a regulatory breach under the Judges’ Code of Ethics 2009 has been handed to Chief Justice Tengku Maimun Tuan Mat.

Minister in Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said said MACC had related the matter to her through a letter dated Feb 21, 2023, adding that no further information about the matter was conveyed in the letter.

The matter is subject to the chief justice’s decision as outlined under Clause 3 and 3A of Article 125 of the Federal Constitution. Under Clause 3 of Article 145, the attorney-general or public prosecutor has the authority under their discretion to begin proceedings for any offences.

"The discretionary powers provided to the attorney-general under Clause 3 of Article 145 are quite vast and can be used to charge any individual, including a judge, if the testimony for an offence fulfils all elements of the charge.

"However, the government cannot intervene in the powers of the attorney-general or public prosecutor," she said when winding up the debate on the motion of thanks for the royal address for the ministry at the Dewan Rakyat yesterday.

On April 23 last year, MACC chief commissioner Azam Baki reportedly confirmed that the agency had begun an investigation against Nazlan relating to allegations of unexplained money in his account.

Nazlan, who heard former prime minister Najib Razak’s case and convicted him of charges of embezzling SRC International funds, also lodged a police report over the article.