The Appeals Court Judge, Mohd Nazlan Mohd Ghazali, embroiled in the SRC International and is a subject of an investigation by the Malaysian Anti Corruption Commission (MACC), today had a police report filed against him and a lawyer, Yoong Sin Min, for another alleged conflict of interest issue.
The report was filed by businessman K. Chandran at the Section 9 Shah Alam Police Station today (Feb 23).
According to the police report sighted by Mediahit, Chandran was of the opinion that there is a conflict of interest issue pertaining to Nazlan as he had presided over an Appeal hearing in Putrajaya involving Chandran’s company, Prolink Marketing Sdn Bhd and OCBC Bank (Malaysia) Sdn Bhd.
Nazlan did not disclose that he was working for a legal firm engaged by OCBC Bank between 1991 to 1993.
The legal firm, Tetuan Shook Lin & Bok, was also cited as one of the defendants.
On 11 October 2021, the Shah Alam High Court judge, Rohana Abd Malek, has allowed Prolink to sue OCBC Bank.
Following that, an appeal was filed by the Bank through its legal firm, Tetuan Shook Lin & Bok.
The Appeal hearings took place on 22 August 2022 and 20 September 2022 respectively.
On 30 January 2023, the Appeal by the bank was given the green light and the Appeals Court had put aside the decision by the Shah Alam High Court.
The appeal was presided by judges Has Zanah, Che Mohd Ruzima and Mohd Nazlan.
Nazlan Had Conflict Of Interest
“The ruling was then prepared by Mohd Nazlan as one of the presiding judges during the appeal hearing.
“I am therefore of the opinion that there is a conflict of interest involving judge Nazlan as he was working with the legal firm which was party to the accused, yet he did not disclose his background then,” Chandran added in the report.
Additionally, Yoong Sin Min has been working with Shook Lin since 1985 and is a partner of the firm during the time Judge Nazlan was also working with the said firm. Apart from being colleagues, they are alleged to be close friends. Yoong was also the lead legal counsel for the Appeal hearing before Judge Nazlan.
“Due to the fact that both Nazlan and Yoong did not disclose their relationship nor their background pertaining to the legal firm, I believe that the decision by Judge Nazlan may have been compromised and bias and could have a bearing on the position of his company, Prolink,” Chandran said.
We enclose herewith a copy of the police repart filed by Chandran earlier this evening (in the Malay language).
Earlier, Minister in the Prime Minister’s Department (Law and Institutional Reform), Azalina Othman told the Dewan Rakyat that the Investigation report on Court of Appeal judge Mohd Nazlan Ghazali by the MACC has been submitted to the Chief Justice, Tengku Maimun Tuan Mat.
Responding to queries from Manndzri Nasib (BN-Tenggara) and Wan Saiful Wan Jan (PN-Tasek Gelugor), Azalina told the August House that she received a letter from the MACC that the agency had submitted its report to the CJ on 21 Feb.
“The report pertains to MACC’s probe into Nazlan’s alleged breach of the Judge’s Code of Ethics 2009. However, the letter contained no additional information on the matter,” she disclosed. – mediahit