KUALA LUMPUR: Datuk Seri Azalina Othman Said (pic) has told lawyers representing Datuk Seri Najib Razak in his SRC International Sdn Bhd case linked to the 1Malaysia Development Bhd (1MDB) controversy to apply directly to the Malaysian Anti-Corruption Commission (MACC) if they wish to obtain the results of its investigation related to judge Datuk Mohd Nazlan Ghazali.
Azalina, who is the Minister in the Prime Minister’s Department (Law and Institutional Reforms), reiterated that any matter related to it is under the jurisdiction of the judiciary.
“On Feb 23 (this year), I gave a verbal answer in the Dewan Rakyat to the question raised by Tenggara and Tasek Gelugor MPs regarding the leak of MACC’s investigation related to the case.
“I explained that the MACC, through a letter dated Feb 21, informed that one MACC report against Mohd Nazlan was submitted on the same date to the Chief Justice in relation to violations of regulations under the 2009 Judges’ Code of Ethics,” she said in a statement yesterday.
She added that she had also informed the Dewan Rakyat that this matter is subject to the decision of the Chief Justice in accordance with Clauses 3 and 3A of Article 125 of the Federal Constitution.
Azalina also noted that her reply to a letter from Messrs Shafee & Co, the law firm representing the former prime minister, was in line with her answer in the Dewan Rakyat and the facts that she was privy to as a member of the administration in Parliament.
“I have also requested that Messrs Shafee & Co submit an official application directly to the MACC if they wish to obtain the results of its investigation regarding this matter.
“As I stated earlier in the Dewan Rakyat, any matter related to this is under the jurisdiction of the judiciary.
“The government always respects and continues to adhere to the principle of the separation of powers,” she added.
Mohd Nazlan, now a Court of Appeal judge, was the High Court judge who, on July 28, 2020, convicted and sentenced Najib to 12 years’ jail and a RM210mil fine for misappropriating RM42mil of SRC International funds.
Najib’s legal team claimed a conflict of interest had occurred due to Mohd Nazlan’s tenure as general counsel of Maybank Group in 2006, citing that Maybank Investment Bank Bhd was the body responsible for proposing the formation of SRC International.
Earlier yesterday, Azalina’s aide affirmed the authenticity of a letter sighted on social media in her reply to queries made by Shafee & Co regarding MACC’s probe into Mohd Nazlan.
In the letter dated March 20 to Najib’s solicitors, Azalina said Mohd Nazlan was found to have breached the code of ethics and had a conflict of interest.
She also confirmed that on Feb 21, MACC presented its report on Mohd Nazlan to Chief Justice Tun Tengku Maimun Tuan Mat pertaining to breaches under the 2009 Judges’ Code of Ethics.
On Feb 24, Tengku Maimun said MACC’s investigation into Mohd Nazlan was done without following protocol and also questioned the timing of the probe.
The Chief Justice said even though investigative bodies are constitutionally entitled to investigate judges of superior courts, that right must be exercised in good faith and only in genuine cases.
Last Friday, Najib failed in his application to get leave from the Federal Court to review his conviction and sentence in the SRC International case.
