KUALA LUMPUR, April 7 — The Malaysian Anti-Corruption Commission (MACC) does not have the power to make its conclusion that the SRC trial judge Datuk Mohd Nazlan Mohd Ghazali...
KUALA LUMPUR, April 7 — The Malaysian Anti-Corruption Commission does not have the power to make its conclusion that the SRC trial judge Datuk Mohd Nazlan Mohd Ghazali had a conflict of interest or had breached the Judges’ Code of Ethics 2009, and should be more respectful of the separation of powers, the Sabah Law Society said today.
“What is important to note is that the word ‘ethics’ and the phrase ‘conflict of interest’ do not appear even once in the Act,” he said in a statement today. “Any complaint against a judge who is alleged to have committed a breach of the Code of Ethics shall be made in writing to the Chief Justice of the Federal Court and may be investigated by the Judges’ Ethics Committee, not the MACC.
Referring to the MACC’s operation review panel chairman Datuk Ahmad Rosli Mohd Sham’s comment yesterday that the MACC is duty-bound to investigate alleged corruption, abuse of power or misappropriation, the SLS however said the MACC should be more careful as its scope of powers does not include alleged breach of ethics.
Chin then said the separation of powers doctrine should be respected. Under the doctrine, the three branches of government — the executive , the legislature, and the judiciary — each exercise their powers independently. “The SLS has and will always stand and march, when necessary, for the independence of the judiciary,” he said.
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