KUALA LUMPUR: Fourteen former Malaysian Bar presidents today hit out at certain quarters for what it called an "unacceptable level of intimidation against judges".
In a joint statement, the former presidents singled out the Malaysian Anti-Corruption Commission for acting outside its scope of investigatory powers, Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said for revealing contents of an MACC investigation and Attorney-General Tan Sri Idrus Harun for keeping quiet about the attacks against the judiciary.
The group said they were disappointed that Idrus failed to address the conflict issue in relation to Datuk Seri Najib Razak's corruption trial involving SRC International Sdn Bhd funds which had been "decided conclusively" by the Federal Court.
They also claimed that Idrus failed to clear Nazlan, the sitting High Court judge who sentenced Najib in that case, Datuk Mohd Nazlan Mohd Ghazali, of scurrilous allegations of corruption.
Nazlan had convicted and sentenced Najib to 12 years' jail and a RM210 million fine for misappropriating RM42 million of SRC International funds and has since been elevated to the Court of Appeal.
"As a former Federal Court judge, the AG must appreciate the devastating effects of his silence upon the judiciary and the sanctity of the administration of justice.
"This case has given rise to an unacceptable level of intimidation against judges who are doing their duty to uphold the law without fear or favour.
"They are facing constant harassment and are subject to machinations and schemes by some with vested interests.
"All of this must stop as it does not serve the rule of law or the country. Those who have been found to have committed offences must pay for it," said the statement.
The group said there should be no preferred class of people in this country who are permitted to tear down an institution to escape the law.
"Everyone is said to be equal before the law. Does anybody believe that, if it is not a powerful political figure who is involved in the SRC International case, the current attacks on the judiciary will occur?
"Do Malaysians want to see, again, our justice system compromised by powerful politicians?" said the statement.
The statement said the MACC did not have any power nor jurisdiction to investigate, let alone make findings or come to a view of alleged conflict of interest in a court matter and breaches of judicial ethics.
It said the position taken by MACC via its committee was untenable and serves to confuse the issue and the public.
"This precise issue has been decided conclusively by the Federal Court and any reference to it as if it is a live issue is wholly improper.
"The MACC only has power to investigate alleged corruption and matters related thereto. This is clearly set out in the MACC Act.
"Thus, the two 'surat pekeliling' referred to by the MACC committee are wholly inapplicable as it applies only to civil servants.
"Judges of the superior courts (High Court, Court of Appeal and Federal Court) are not civil servants," the statement said, adding that the commission cannot make findings on matters that fall outside their jurisdiction.
The statement said the continuing intimidation of the judiciary by "irresponsible actors" in connection with the SRC case was a danger to the rule of law in our country particularly where 14 judges had already considered the case, and 13 of them have handed down reasoned judgments upholding the convictions.
"The issue of the purported conflict of interest of Nazlan was canvassed and argued by Najib's lawyers before two separate panels of the Federal Court.
"On both occasions the Federal Court had considered the matter and decided there was no merit in the allegation," the statement said.
The group also questioned Azalina's letter to Najib's lawyer Tan Sri Muhammad Shafee Abdullah recently.
In the letter dated March 20, Azalina confirmed that MACC in their investigation against Nazlan concluded that the latter had violated the Judges Code of Ethics when presiding over Najib's corruption charges involving the SRC International case.
"It is unusual that a minister has seen fit to respond and provide information to a litigant in respect of MACC's letter to the chief justice. This reeks of interference," added the statement.
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