I read with concern the statement by Tan Sri Azam Baki that an investigation has been initiated against Court of Appeal Judge, Dato’ Mohd Nazlan bin Mohd Ghazali merely because a report has been lodged with the MACC. He is clearly wrong. The law allows an investigation to be initiated when there is a reasonable suspicion or credible information has been received that an offence has been committed. The MACC and police cannot initiate an investigation where a report is without basis.
Section 29 of the MACC Act 2009 provides the MACC the powers to investigate. Section 29 (3) states as follows:-
‘Where an officer of the Commission has reason to suspect the commission of an offence under the Act following a report made…… or information otherwise received by him, he shall cause an investigation to be carried out..….’
Clearly MACC officer cannot initiate an investigation merely because a report has been lodged but the conditions precedent must first have been complied with.
If a report is lodged based on the writing of a blogger, Raja Petra Kamaruddin whose credibility is in doubt in the portal Malaysia Today, the report lodged was a mere hearsay.
Raja Petra Kamaruddin must come forward to lodge the report and provide evidence to substantiate his allegations. If Raja Petra Kamaruddin does not dare to come forward to lodge the report, he is a man without credibility. If MACC follows blindly the allegations of people with doubtful credibility, it shows glaringly the lack of professionalism and the incompetence of MACC.
Unless MACC Chief, Tan Sri Azam Baki can show there is reasonable suspicion or credible evidence that Dato’ Mohd Nazlan bin Mohd Ghazali has committed an offence, he should desist the investigation against Dato’ Mohd Nazlan bin Mohd Ghazali immediately. Otherwise, he should be hauled up for committing an offence of intimidation against the Judiciary.
Public announcement of an investigation against a Judge undermines the Judiciary. Action against a Judge must be based on concrete evidence gathered and passed on to the relevant parties for action to be taken under Article 125 of the Federal Constitution which deals with the tenure, misconduct and removal of Judges.