Case management tomorrow on suit to challenge MACC probe on judge Nazlan

(FMT) – The High Court here will hold its first case management tomorrow following a suit filed by two lawyers and an activist for several declarations, one of which is that the Malaysian Anti-Corruption Commission (MACC) investigation of judge Nazlan Mohd Ghazali is unconstitutional.

Lawyer A Surendra Ananth, a member of the legal team appearing for Nur Ain Mustapa, Sreekant Pillai and Haris Ibrahim, said the proceedings in court would be before judge Noorin Badaruddin.

“We also served the cause papers on the Attorney-General’s Chambers yesterday and they could be present,” he told FMT.

The plaintiffs filed the originating summons last Friday and have named MACC chief commissioner Azam Baki, the MACC and the government as defendants.

They filed the suit to determine important constitutional issues concerning the separation of powers and the independence of the judiciary after the MACC began the probe against Nazlan, now a Court of Appeal judge.

The trio are also seeking the following declarations:

  • criminal investigation bodies, including MACC are not entitled or are otherwise precluded from investigating serving judges of the superior courts (High Court, Court of Appeal, and Federal Court) unless they are suspended as required under the Federal Constitution; and
  • the public prosecutor is not empowered to institute or conduct any proceedings for an offence against serving judges of the superior courts.

They have also filed an application to refer two constitutional questions in relation to the reliefs sought to the Federal Court.

The MACC has dismissed criticism over its probe on Nazlan, maintaining that it has the authority to investigate any public official, including judges.

Nazlan lodged a police report three weeks ago over a report by fugitive blogger Raja Petra Kamarudin alleging that he was being investigated for unexplained money in his bank account.

Nazlan was the trial judge who convicted and sentenced Najib Razak on seven charges relating to RM42 million in funds belonging to SRC International on July 28, 2020.

Last December, the Court of Appeal upheld the conviction and the Federal Court has fixed 10 days from Aug 15 to hear the final appeal.