KUALA LUMPUR, April 14 — The Malaysian United Democratic Alliance (Muda) has filed a lawsuit against the Malaysian Anti-Corruption Commission (MACC) on the latter's authority to make findings or investigate judges serving in the Malaysian justice system.
According to court documents sighted by Malay Mail, Muda is seeking a court declaration that MACC has no authority to make findings or investigate serving judges of the High Court, Court of Appeal and the Federal Court on whether they have breached the Judges’ Code of Ethics 2009 or was in a conflict of interest in presiding over a particular court case.
“These letters reveal a serious transgression on the part of MACC. MACC’s powers to investigate are confined to offences under the MACC Act 2009.
“It does not have the jurisdiction, authority and purview, much less any expertise, to investigate or make findings on breaches of the Judges’ Code of Ethics 2009 or conflict of interest on the part of superior court judges,” Muda secretary-general Amir Abdul Hadi said in his affidavit.
The suit came after the de facto law minister Datuk Seri Azalina Othman, had in a letter dated March 20, said to the lawyers of disgraced former prime minister Datuk Seri Najib Razak that MACC had made a finding that Justice Datuk Mohd Nazlan Mohd Ghazali had breached the Judges’ Code of Ethics 2009 and had a conflict of interest when presiding over the SRC International case.
The suit filed by the party also made a reference to the MACC’s letter dated February 20 to the chief justice which made the same conclusion.
In the affidavit, Amir also said the manner and timing in which the contents of the letters made their way to the public domain clearly demonstrate a lack of bona fide as well as an assault towards judicial independence and the separation of powers.
He also said that the leak in the MACC’s confidential processes had resulted in serious intimidation and harassment against judges.
“If nothing is done to stop MACC and other investigative agencies from overstepping their authority and power, judicial independence, the rule of law & the criminal justice system as a whole is imminently threatened,” he said.
Muda is represented by lawyer Lim Wei Jiet, who is also one of the party's co-founders.
The case management for the matter is set for May 15.
Earlier this, electoral watchdog Bersih and civil group Gabungan Bertindak Malaysia (GBM) had condemned the recent campaign by parties associated Najib to smear the reputation of Justice Mohd Nazlan, saying it was designed to subvert the administration of justice and to bring the Malaysian judiciary into disrepute.
