Friday 22 April 2022

Rule against bias; clearing doubts about Judge Nazlan

Let me start by saying that I'm not a legal expert and I'm not here questioning a decision of the court.

I do have the LLB(Hons) but I have never practice law. A case of lost interest, actually.

However, I still remember what I learnt about the basic principles of laws such as the rules of natural justice, which among others emphasise on the importance of the rule against bias.

Now this was what happened yesterday;

Judge lodges report against Raja Petra for claim of RM1 mil from Jho Low

That's because Raja Petra wrote this;

Judge Mohd Nazlan being investigated for unexplained RM1 million in his bank account

For those who don't know Nazlan, he is the judge who was hailed as a hero by Pakatan people after he found Najib guilty in the SRC trial.

Raja Petra had in fact wrote a post on the profile of the judge;

Who is Muhammad Nazlan Mohd Ghazali?

Raja Petra has apparently got hold of some documents which embolden him to accuse the judge of being involved in corruption related to the 1MDB scandal when he was with Maybank prior to being called to the bench.

Nazlan was appointed as a Judicial Commissioner in 2015, before promoted to be a High Court Judge in 2017 and a Court of Appeal Judge in February this year. 

Quite fast, if you asked me.

Whatever it is, I think the authorities need to act equally fast on Nazlan's police report as Raja Petra's allegations against him were quite serious and could undermine the credibility of our country's judicial system.

Having said that, it should be noted that Raja Petra has in his latest posting 

Salah laku Nazlan Ghazali sudah selesai disiasat

claimed that the police had actually completed their investigation on Nazlan and urging them to make it public.

Well, if that's the case, I think the police should do just that. If it's not true, do say so too so that the public do not have any doubt over the matter.

Don't wait until the guy publishes another what appeared to be genuine document on the completed investigation.

Make the whole thing public and extinguish any doubt that the public may have on the judiciary because of the allegations made by Raja Petra against Nazlan....whether they are true or not.

Hopefully no one in power will interfere in this matter.

Anyway, back to the rule against bias which I learnt many years ago during my first year in law school, this is its basis as defined by Lord Alfred Thompson Jenning in 

 Metropolitan Properties Co (FGC) Ltd v Lannon 

"Justice must be rooted in confidence and confidence is destroyed when right-minded people go away thinking: 'The judge was biased.'"

Was Nazlan biased when he sentenced Najib to 12 years in jail?

I don't know, but Raja Petra is persuading many right-minded people that he was indeed biased because of his alleged involvement in the 1MDB scandal when he was with Maybank. 

Again, this matter must be addressed by the authorities and they must do so quickly.

As Lord Gordon Hewart famously said in his judgement of

 R v Sussex Justices, ex parte McCarthy

"It is not merely of some importance, but of fundamental importance that justice should not only be done, but should manifestly be seen to be done."

Sorry, I'm not familiar with Malaysian judicial authorities on this matter as I only did English Law back then. Never did my CLP as I ran out of money and had to work right after I graduated.

Whatever it is, the basic principles should be the same, I believe.

(Note: I actually wanted to write more on this but I believe that would put myself at risk of being in contempt of court. So, please excuse me for my rather short take on this issue.)


  1. Hakim Mohd Nazlan terima duit haram dari Jho Low..!?

    laporan polis sudah dibuat.. dah siap pun cuma tunggu apa tindakan polis selanjutnya

    Dan Hakim Nazlan pun dah buat laporan polis, rakyat boleh nilai sendiri laporan mana satu yang paling pantas akan diambil tindakan..

    Kartel mafia atau marhean..!?

    Ini baru benar-benar “National Embarrasment”

  2. Kenapa lah Hakim ni tak tarik diri awal2 dalam Kes Najib ,sendiri mahu ingat lah Yang Arif ...bolih memalukan Jabatan Kehakiman ( & Hakim2 Lain)

  3. Aisay Annie... believing RPK...u have to b out of yr little mind. He hides in UK n posts rubbish. If this judge is biased...wat abt the 3 COA judges? They r biased too! We all know u r a Jibby fan n cannot accept the truth starring in front of yr Adib & Loh. BTW Annie I heard u got some Birkins fr Rosy. Not bad for a non practising LLB...yr degree fr where ah? Dare u say where from?

    1. Remember .. Rosmah was at the scene of Altantuya murder. That was also from RPK.

  4. meaning either police is not doing a proper job, or rpk is one mercenary, or both?

  5. The police or the Malaysian Communications and Multimedia Commission should enlist the assistance of their British counterparts to probe Raja Petra Kamarudin for misuse of communications network facilities, a lawyer said.

    SN Nair said the fugitive blogger, who is believed to be living in the UK, had breached its Malicious Communications Act 1988 and the Communications Act 2003 as the publication emanated from the UK.

    “The UK law enforcement agencies have jurisdiction and could investigate and prosecute him for breaching their laws,” he told FMT.

    Nair said Attorney-General Idrus Harun could also seek the assistance of the British public prosecutor to extradite Raja Petra, commonly known as RPK, to face criminal charges here.

    Nair, a former police officer who had been involved in extradition matters, said this in response to Court of Appeal judge Nazlan Mohd Ghazali lodging a police report over an article by Raja Petra alleging that he was being investigated for unexplained monies in his bank account.

    The office of the chief registrar of the Federal Court said Nazlan denied the “false, baseless and malicious allegations” aimed at undermining his credibility as a judge.

    In October 2017, Raja Petra also posted alleged offensive, malicious or false articles on former attorney-general Apandi Ali and several other personalities.

    He had posted two articles, titled “Strong Rumours Surrounding the AG: Part 1 and Part 2”, on the Malaysia Today blog.


    ....not the first time lah.

    Nobody with an IQ over 50 takes RPK seriously.

  6. Tak kan la Nazlan ni bodo...

  7. Semua anon speaking London it seems like panas montot wooo...!!

    Ada yamg nak gomen took RPK to Mesia lahh... kikiki..

    When kena batang hidung sendiri this anon celop cepat cepat mimta polis tangkap RPK di London sanun...

    Kah kah kah.. bila mintak polis tangkap Jho Low ini anon celop mat saleh buat stuupidity saja..

    kah kah kahak tuiii..!!


  8. U mean this whole thing on 1mdb scandal started even before they set up SRC?

  9. You still believe in RPK. If he is cocksure make the allegation in Malaysia not in Manchester. What a waste of pdrm and ag times. Maybe he is paid by jl.Btw is he having a dual citizenship. Having English mother he might have British citizen or at least a right of abode in uk. This should be investigated not all his nonsense allegations and sly innuendo from afar.

    1. Anon 7.19,

      What has dual citizenship, mother’s origin, favorite colour, height, name of his cat, lucky number, type of coffee he drink , how many time he farted in a day, does his arm pits smell or does his BO smells like dead monkeys has anything to do with the case? Now who is being nonsensical, anon 7.19 you are just full of it.

    2. Yes get Rpk extradite. How can he stays in uk so long. Unless he has dual citizenship. If he has then revoke his malaysian passport. JIM should investigate as you cannot have dual citizenship

  10. Anonymous22 April 2022 at 13:55

    ....Nair, a former police officer who had been involved in extradition matters...

    Haiyoyo Ama Apa. Yanadey? Dia nak samakan RPK dgn kes Wikileak founder kut?

    Julian Assange exposed US military wrongdoing in Iraq and Afghanistan depa cekop dia on spying charges??

    Skrg Nato n EU tgh melalak mengoyan siBiden label Russian Putin "a war criminal" hahaha.

    Tetiba sja a British judge has formally approved the extradition of Julian Assange to the US to face spying charges. Ade yg tak kena kan?

    Professor Nasi Lemak

  11. Alo London celop... RPK is subject matters only... the content subject RPK brought up is the issue...
    Asange la wilkileaks la whats the hell la London Celop...!!

    Don't alih tiang gol lahh..

  12. silly season in full swing. just need a few sodomy cases, blown up up models and we are good.

    welcome to the world of msian politics

    1. Agreed with silly season in full swing. Though i think things will get worse before it gets better.

      Maybe if it gets too much for you, consider migrating to escape msian politics

  13. Didnt i say the justice system is to protect the establishment and the elites ?while the people are treated like a slave. If u undersand the banking system. Then u see how u r literally the slave. Where do all the interests goes to ?

    Why should anyone aspect anything but tht.

  14. ...Corruption is forbidden (Haram) by Islamic teachings and there are several narrations (Hadiths) of the Prophet Muhammad (pbuh) that prohibit it. Indeed, it was narrated by 'Abdullah bin' Amr that the Messenger of Allah (pbuh) said: “May the Curse of Allah be upon the briber and the bribe recipient”...

    Mohon semua sedar ya.. tak kira kamu dari golongan apa sekali pun esp those yg tua dan "kubur tak renti dok gamit2".

    Kesihani waris2 generasi muda yg membesar dgn hasil dari kegiatan rasuah2 kamu... bila besaq nanti having to live with so much guilt and shame.

    Anon 23 April 2022 at 11:09
    Kamu ni tak paham bahasa ke?
    ....Haiyoyo Ama Apa. Yanadey? Dia nak samakan RPK dgn kes Wikileak founder kut?...apasal belum apa2 dah mula kalut nak "Yes get Rpk extradite".???? Lucu la.

    Professor Nasi Lemak

    1. Rpk stayed in uk more than decade. If he stll has malaysian passport he has to renew at HC. How can he renew it as fagitive of law. Unless there is no order. There are peoples who abscond thier scholarship and worked oversea were unable to renew ambassy or hc. They have to come back and deals with jpa before getting it renew. The malaysian passport is previledges not a right. They can anytime pull it. You have to fight in nalaysian court in person to get it back. No extradition on mla. Unless less person has another citizenship or right of abode of that country. The right of abode needs malaysian passport. Dia batal dgn sendiri jika passport itu di batal.As you need malaysian passport to get the right of abode stamped.Unless a person has that country citizen either jus soli or by decent. THEN a person is no longer a citizen of this country.This is much easier than extradition.

  15. This is getting too far and becoming a joke. Any complaint. Pihak yg berwajib akan siasat. Mcm tak ada kerja lain. Any complaint about pm or head of state will investigate. Figitives or criminal can complaint about igp or cj.dlm. This is example of banana republic.
    In this particular case a known fugitive hiding in foreign land can made millions of complaint without dire consequenses. We as a nation must be darmed stupid to believe it. Use your god given brain lah. Do you believe a fugitive or learned judge. If you believe in fugitive than throw away our constitution.

  16. A morally decaying society is looking out for a saintly righteous person from amongst themselves. If he be found, then it should be a consolation and proof that their kind is still OK, that their belief system is still 'agong', and their path to the heaven is still straight and clear.

    But no. It's but too late. The 'tuan's amongst their people engulf themselves in utter lavish, living in a world surpassing the comfort of their God's heaven.

    Thievery is the only trick they mastered, and they will talk with forked tongue.

    And they habitually wronged the innocents, yet extending heavenly forgiveness to their evil ones.

    No amount of righteousness could save them decaying.

    1. Wow u sure have a high opinion on ur owns kind eh. If only it worths

      If there 'tuan' then theres a 'hamba'. So . . A 'hamba' with high opinion of their kind ? Wait theres hambas in malaysia wht ? When ? My in the wrong room here ? Wht movie is this ? 'Get out' ? Should u ? Lol

    2. Anon 26 Apr22 @ 05:59

      Kuli2 dr China dan India mali sini naik tongkang dulu2 kena panggil Omputih "TUAN" tau.

      Klo tidak toknek kamu mereka terajang dan halau macam anjing. Toknek kamu tak cerita ke?

      Professor Nasi Lemak

    3. Unknown 20:53,

      ...So says the Tuan who is happy anak cucu dia pi cuci jamban hi tech kat negara jiran

    4. Anon 00:18

      Lucu la hang ni..

      Depa cuci jamban high tech, bila hang buka aje Wifi, hpon laptop atau komputer , tht vely instant hang satu keluarga dn opis dah dok bayaq gaji anak cucu kami. Asalkan tekan aje butang apa2.. hang dok bayaq tau. Alhamdulillah.

      Tak mamph bayaq? Hang trpaksa lepak sembang bawah pokok aje tiap hari..

      Professor Nasi Lemak.

    5. Anon 06:57 is a typical totok umnoputra. Tak kisah anak cucu kerja cuci jamban negara org asalkan kan di negara sendiri acah2 perasan tuan. Sedangkan pemimpin2 kebanggaan dema pulun kumpul reter 7 keturunan makan x habis dgn bersekongkol makan atas angin dgn anak cucu golongan kuli batak.