The group also sought clarification on the authenticity of the leak MACC report on Judge Nazlan that went viral recently and demanded that legal improprieties be addressed as they infringe on the human rights of Malaysian citizens
KUALA LUMPUR – A human rights group, the Malaysian International Humanitarian Welfare Foundation (MIHWF) today filed a police report at the Dang Wangi police station seeking clarification on the authenticity of the leaked MACC investigation papers on Judge Nazlan Ghazali.
It’s President, M. Devman Segar, told a press conference in front of the Dang Wangi Police Station today that as responsible citizens of Malaysia, they also demand to know why the AG Chambers had not charged Judge Nazlan while former Prime Minister Najib Razak is being unjustly and unfairly held captive in the prison.
“This is a blatant violation of the rights of Malaysia’s 6th prime minister, obviously victimised by political witch-hunting, persecution and selective prosecution.
“If Nazlan had been charged by now, Najib will be a free man today. The AG Chambers is silent on the matter at the expense of the health, safety and liberty of a man,” said Devman.
He added that it’s appalling that political persecution and selective prosecution have prevailed over human rights values in the country’s legal and justice system.
The rule of law is that one shall be given all the opportunities to defend oneself in a fair and just trial.
The recently concluded RM42 million SRC International corruption trial had seriously violated this human rights value that we all cherish.
To many Malaysians, Najib would not be in prison today if he was given a fair trial.
He was jailed despite not having a defence counsel team during his appeal proceedings at the federal court.
By right, he should have been given all the time in the world to prepare for his defence with a new team.
Human Rights Violation
But he was denied that right, a serious human rights violation indeed.
Worse still, the federal court dismissed Najib’s attempt to adduce fresh evidence on Judge Nazlan’s glaring conflict of interest when presiding the earlier High Court trial on the SRC case.
In its affidavit submitted to the federal court during Najib’s appeal proceedings in August this year, the AG Chambers had stated that the evidence was irrelevant.
The AG Chambers affidavit stated if at all it was true that the MACC had carried out an investigation on Judge Nazlan, the evidence was irrelevant in the SRC case.
MACC had already issued a statement dated May 21, 2022 that its investigation papers on Case Nazlan had been submitted to the AG Chambers for further action.
Conflict of Interest
The evidence on Judge Nazlan’s conflict of interest featured prominently in the leaked MACC’s investigation papers.
The leaked investigation papers had revealed that the MACC had recommended Judge Nazlan to be charged under Section 220 of the Penal Code for a serious breach of judicial ethics when conducting the Najib-SRC trial.
By definition, Judge Nazlan had wittingly and blatantly breached a vital law governing the professional ethics of the judiciary.
Recently, the MACC has announced that it had completed the second round of investigation on Nazlan.
And, the papers were now with the AG Chambers for further action.
But strangely the AG Chambers has neither press charges on Nazlan nor, at the very least, verified on whether the leaked investigation papers were authentic or not.
The AG Chambers first went on a switch off mode and now has gone on sleeping mode by violating the fundamental human rights of the former premier.
Also present at the press conference today was MIHWF vice-president Hamidah Osman who wondered why the AG Chambers is protecting Judge Nazlan.
“The AG Chambers’ inaction had tarnished the integrity of the country’s legal and judicial system and we demand that the Chambers, together with MACC come clean and clear the air on the matter immediately.
“Malaysians have the right to know,” Hamidah added.
In a manner reflective of the frustration of the young, Human Rights and Legal Activist, Farhan Khairuddin said that in all fairness, today’s proceedings is not just about Najib Razak.
“It is all about the rights of an individual to get the full protection of the law, leaving no loopholes and grey areas that tantamount to an injustice being meted out.
“To quote five-times US Senator, Jeff Bingaman: People should not be imprisoned without having the ability to challenge the legality of that imprisonment!
“And we as Malaysian citizens, especially the younger generation who have a long way ahead of us, should demand that equal justice be given to all, in this case, a former Prime Minister.
“If he can be treated so shoddily, I shudder to think what will happen to the rest of us if this injustice is not corrected,” Farhan added. – NMH