KUALA LUMPUR – The high court here today has allowed Bersatu’s second judicial review leave application to challenge the Malaysian Anti-Corruption Commission’s (MACC) seizure of its two bank accounts.
Judge Datuk Ahmad Kamal Md Shahid ruled that the court agreed with the applicant’s submission that the prima facie case had been established in their favour.
“The issue raised by the applicant is not frivolous, vexatious and the application is amenable to judicial review. Therefore, this court allows the applicant’s application,” he said during online proceedings.
Judge Kamal further said the Attorney General’s Chambers (AGC) submitted that the criminal investigative powers are not justiciable by relying on few authorities.
However, the court found that the attorney-general applied the old position of law which has been found no longer good law, the judge said.
Judge Kamal set November 28 for case management.
Senior federal counsel Shamsul Bolhassan appeared for the government while counsel Rosli Dahlan represented Bersatu.
On May 29, Capt (R) Datuk Muhammad Suhaimi Yahya, as a public officer of Bersatu, filed the said application for leave to initiate a judicial review to challenge the MACC’s seizure of the party’s bank accounts for investigation.
He named the then Attorney-General Tan Sri Idrus Harun and MACC chief commissioner Tan Sri Azam Baki as the first and second respondents, and 20 other individuals as the third to 22nd respondents.
Bersatu claimed that on April 19, its CIMB and AmBank bank accounts were seized without any seizure order given to it under Section 50(1) of the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001.
Bersatu claimed that the MACC released a statement on April 20 that both accounts were seized on April 11 but never informed them on the said date.
On May 30, judge Kamal allowed the party’s application for leave to commence judicial review proceedings to challenge the MACC decision to freeze its bank accounts for investigation and the travel ban by the Immigration Department on its president Tan Sri Muhyiddin Yassin. – Bernama, October 30, 2023
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