by Ganesh Sahathevan
The Malaysian Bar has filed an appeal against the High Court's decision to dismiss its bid to challenge the Pardons Board's decision to reduce Datuk Seri Najib Tun Razak's (pic) prison sentence and fine in the SRC International Sdn Bhd case.
Lawyer Zainur Zakaria, representing the Malaysian Bar, told Bernama that the notice of appeal was filed on Dec 3 last year.
On Nov 11 last year, the High Court dismissed the Malaysian Bar's application for leave to initiate a judicial review of the Pardons Board's decision.
The presiding judge, Datuk Ahmad Kamal Md Shahid (now a Court of Appeal judge), ruled that the application was non-justiciable and frivolous as the decisions of the Yang di-Pertuan Agong and the Pardons Board were part and parcel of one process that culminated with the granting of pardon by the King.
However, Bar Council cannot be said to have clean hands, not so long as these matters remain unexplained.
"We can’t remain silent on this"- Bar Council Malaysia must be transparent to remain relevant, must disclose all details of business with Australia's College Of Law, its senior management and board led by Neville Carter
by Ganesh Sahathevan
Malaysia and the Bar Council Malaysia served as a launchpad for the College Of Law's regional expansion, The New Malaysia Times story about the Bar Council Malaysia (BCM)and its business with Australia's College Of Law, its senior management and board led by CEO Neville Carter includes this correspondence between the BCM's then president Fareed Gafoor and his CEO,Rajen Devaraj:
Dear Rajen,
We can’t remain silent on this.
Abdul Fareed Bin Abdul Gafoor
Sent from my iPad
The silence has persisted for more than 4 years. Given the current conflict between the Malaysian Anti-Corruption Commission (MACC) and the BCM, the BCM needs to demonstrate complete transparency in its dealings if it is to remain relevant to the matters in dispute.
Accused of overstepping boundaries, MACC tells Malaysian Bar to stop 'double standards'
According to chief commissioner Tan Sri Azam Baki, it is common to conduct investigations into misconduct by public officials, and the MACC has submitted over 100,000 reports to the relevant department heads for further action. — Bernama pic
By Shathana Kasinathan
Thursday, 20 Apr 2023 10:41 AM MYT
KUALA LUMPUR, April 20 — The Malaysian Anti-Corruption Commission (MACC) has reportedly told off the Malaysian Bar after the latter said it has no authority to oversee the judiciary in its investigation against former High Court judge Datuk Mohd Nazlan Mohd Ghazali.
New Straits Times quoted its chief commissioner Tan Sri Azam Baki saying that its critics should stop practising double standards.
“Tell these people, the Bar Council or whoever they are, not to practise double standards. I still remember clearly that during my days in the ACA, [the Bar] pushed for us to investigate judges. So why the about-turn now?” he reportedly asked, referring to MACC precursor, the Anti-Corruption Agency.
“We didn't have the power then, either. Yet, we were once called by the judiciary to investigate a superior court judge,” he said, but did not elaborate on which case.
Earlier this month, the Bar said that disgraced former prime minister Datuk Seri Najib Razak’s SRC International conviction should no longer be disputed as it has completely run its legal course.
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Its president Karen Cheah also said that a MACC investigation on Mohd Nazlan, who first decided Najib’s case, had no bearing as the agency was not the authority to oversee the judiciary.
She said any question about a judge’s ethics and conduct should be the purview of the Judicial Ethics Committee under the Judges Ethics Committee Act 2010.
Azam however argued that its investigation into Justice Nazlan's actions was initiated only after the MACC received eight complaints from the public.
“So, if we don't investigate, what should we do? You tell me. Should we throw the reports into the dustbin? Keep quiet?
“The Federal Court had decided that MACC has the power to investigate, that was the conclusion of the judgment,” he said.
According to Azam, it is common to conduct investigations into misconduct by public officials, and the MACC has submitted over 100,000 reports to the relevant department heads for further action.
“Our investigations begin with corruption matters. If we discover other elements of misconduct, it is our duty to report them to the heads of department (HODs),” he said.
He explained that once the MACC submits its reports to the HODs, its obligation is concluded.
“We would just suggest an investigation. But it is up to the HODs whether they want to take any action. Our suggestion is not final,” he said.
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