“Now, the prime minister must answer this, do the MACC and police need to inform and get approval from the Chief Justice before they investigate any wrongdoing by a judge?

“Under what law is this established?” he asked on Twitter.

Earlier today, the Federal Court held that the MACC investigation against Justice Nazlan Ghazali was done without following protocol.

Chief Justice Tengku Maimun Tuan Mat said this in delivering the ruling on a suit brought by three lawyers to challenge the investigation by MACC into claims of an unexplained sum of more than RM1 million in Nazlan’s bank account.

“Investigative bodies like MACC must consult the chief justice before (initiating) the probe. Their failure to inform shows that there was a lack of bona fide on their part,” she said, following the unanimous decision by a seven-member panel, which she chaired.

Tengku Maimun added that the public prosecutor must also consult the chief justice “during the course of giving instructions for investigations and in respect of his decision to prosecute”.

“While investigative bodies are constitutionally entitled to investigate, and the public prosecutor has the discretion whether to charge or otherwise, these powers must be exercised in good faith.

“If the investigation is done for collateral purpose, then it is liable to be set aside,” she said.

Lawyers Haris Ibrahim, Nur Ain Mustapa and Sreekant Pillai filed a lawsuit against MACC last year to question the investigation against Nazlan.

The trio claimed that the investigation was a violation of the independence of the judiciary and the principle of separation of powers.

On July 28, 2020, Nazlan convicted former prime minister Najib Razak on charges of abuse of power, criminal breach of trust (CBT), and money laundering involving RM42 million belonging to SRC International, which had been deposited into the former prime minister’s bank accounts.

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