MACC probe has exposed the conflict of interest issues and criminal breach of judicial ethics when Judge Nazlan presided over the SRC corruption trial in the Kuala Lumpur High Court
It’s time for the Malaysian Anti-Corruption Commission (MACC) to lay bare the findings of its investigation on ‘Case Nazlan’ to His Majesty, the Yang Di-Pertuan Agong.
Attorney-General (AG) Idrus Harun has been lackadaisical on the probe while the liberty of former Prime Minister Najib Razak, a victim of miscarriage of justice, is at stake.
Thus MACC should take the initiative to brief the King on its findings on former High Court Judge Mohd Nazlan Mohd Ghazali’s alleged conflict of interests in the hastily concluded Najib-SRC case.
The anti-graft body is on His Majesty’s service, hence duty bound to seek a royal audience to brief the King on ‘Case Nazlan’.
It would be even better if the King summons MACC Chief Commissioner Azam Baki to Istana Negara to get first-hand information.
Either way, Agong can then command Idrus to charge Nazlan.
Section 220 Of The Penal Code
MACC’s leaked investigation papers are floating in the air for a while now without takers.
The probe has exposed Nazlan’s conflict of interests and criminal breach of judicial ethics when presiding the Najib-SRC corruption trial in the Kuala Lumpur High Court.
The MACC has apparently recommended the AG Chambers to charge Nazlan under Section 220 of the Penal Code, which carries a jail term of up to seven years or a fine, or both upon conviction.
But AG Idrus, a political appointee of former Prime Minister Muhyiddin Yassin, has been dragging his feet on the file.
Unlock The Gate
The 15th General Election (GE15) is on.
Malaysians will be out in full force soon to cast their votes and choose the next strong government leadership to end the current political impasse and economic crisis.
Bossku Najib arguably will be the best man for the job.
But he is now the wrong man at the wrong place at the wrong time.
The key to unlock the Kajang jail gate is with the King.
The people hope His Majesty will act on the MACC investigation papers.
If Nazlan was charged, it would instantly nullify his verdict in the Najib-SRC case.
Bossku would walk out as a free man.
With the AG Chambers being negligent of its statutory duty, the onus is now on MACC to put Nazlan in the dock for the sake of the country and people.
Nazlan must be charged to arrest the eroding public trust and confidence in the country’s legal system and judicial process.
The authorities shall act fast to correct the wrongs.
Charges
Najib was charged on 04 July 2018 with three counts of criminal breach of trust (CBT) and one charge of abusing his position over SRC funds totalling RM42 million.
He was again charged on 08 August 2018 with three counts of money laundering involving the same RM42 million of SRC funds.
The trial began on 03 April 3 2019 before then High Court Judge Nazlan, who on the first day of the hearing instantly dismissed the former premier’s application to declare the seven charges against him as defective.
On 28 July 2020, Nazlan sentenced Najib to 12 years in jail and a fine of RM210 million after finding him guilty on all seven charges.
Strangely Nazlan, who had since been promoted to the Court of Appeal (COA), had no experience in dealing with criminal trials prior to Najib’s case as he was previously a civil case judge.
On 08 Dec 2021, the COA upheld the High Court’s decision and dismissed Najib’s appeal to set aside his conviction and jail sentence, a verdict emulated by the Federal Court led by Chief Justice Tengku Maimum Tuan Mat on 23 Aug 2022.
Najib began his jail term on the same day.
Nazlan Committed Conflicts of Interests
In both appeal proceedings, the Apex Courts dismissed Najib’s application to adduce fresh evidences.
The evidences include Nazlan’s conflict of interests and criminal breach of judicial ethics.
Evidences revealed that the RM42 million that found its way into Najib’s private account in Ambank was not from SRC’s RM4 billion KWAP’s loan but from a RM140 million private loan from Maybank to a private company, namely Putra Perdana Development (PPD) Sdn Bhd.
The MACC’s investigation has established that the RM42 million was transferred from PPD to another private company, namely Putra Perdana Construction (PPC) Sdn Bhd, then to SRC’s account before being deposited into Najib’s account.
MACC’s probe has revealed that Nazlan was then the general counsel and company secretary in Maybank.
He was actively involved in Maybank’s decision-making process to sanction the RM140 million loan to PPD. — NMH
About the writer: Aathi Shankar is a veteran journalist and occasionally writes for NMH. The points expressed in this article are that of the writer and do not necessarily reflect the stand of NMH.
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