[UPDATED] Court to decide on leave for Bersatu’s judicial review on May 17

KUALA LUMPUR – Bersatu is set to know next month whether the court will grant leave for the party to proceed with its judicial review seeking to challenge the Malaysian Anti-Corruption Commission’s (MACC) decision to freeze its bank accounts for investigations under money laundering laws. 

The leave application, filed by party chief Tan Sri Muhyiddin Yassin and member Datuk Muhammad Suhaimi Yahya on March 8 against anti-graft body chief commissioner Tan Sri Azam Baki and 19 others, was heard today by judge Datuk Ahmad Kamal Md Shahid. 

Lawyer Rosli Dahlan, who is representing the applicants, argued that the freezing of the accounts and the travel ban imposed on Muhyiddin was part of an attempt by the unity government to “oppress” opposition members. 

“This application is not frivolous or vexatious, as two agencies (MACC and the Immigration Department) have been used to oppress opposition politicians. 

“The whole investigation (into Bersatu and Muhyiddin) is for collateral purposes,” he said as part of his submissions.

Rosli also asserted that a foreign travel restriction imposed on Muhyiddin had no legal basis and was wrongful, as the Immigration Department and MACC had failed to notify the former prime minister of the ban before it was enforced. 

“When the travel ban was imposed (on Muhyiddin), there was no notice of (an) investigation (into Muhyiddin and Bersatu) yet. 

“Only when he (Muhyiddin) wanted to make travel arrangements did he discover that he was subjected to certain restrictions. 

“If you want to take away someone’s rights, at least let them know,” he said, urging the court to issue an interim notice on the travel ban while Muhyiddin attempts to secure leave for their judicial review. 

In response, Judge Kamal declined the appeal for an interim notice and set May 17 to deliver his judgement on the leave application. 

Meanwhile, senior federal counsel Shamsul Bolhassan, who is representing the government, contended that the applicant’s challenge against the travel ban has been rendered academic as the ban in question has already been lifted. 

“Presently, a travel ban is still being imposed on (Muhyiddin) by the Immigration Department pursuant to a request from the sessions court in a letter dated March 10. 

“Therefore, (Muhyiddin’s) passport remains in the court’s safekeeping, and he will be required to obtain the criminal court’s permission to travel,” he said during his submissions.

On March 13, Muhyiddin claimed trial to money laundering charges amounting to RM5 million. He was ordered to pay RM2 million in bail, with two sureties, and was made to surrender his international passport. 

It is believed that he is scheduled to attend the 1st Annual Conference of the Global Council for Political Renewal in London from April 14 to 15, where he is expected to deliver a keynote speech. 

Following MACC’s move to freeze Bersatu’s accounts to facilitate probes into allegations of the party receiving illegal proceeds, party secretary-general Datuk Seri Hamzah Zainudin claimed that the government is attempting to tarnish the party’s name and reputation.   

The party, a key component of PN, was in federal power from 2020 to 2021, and had rolled out several economic stimulus packages totalling some RM600 million during the Covid-19 pandemic. 

MACC, which had in December opened investigation papers into the alleged misappropriation of the stimulus packages funds, narrowed down its investigation to focus on RM92.5 billion, which was the reported figure that involved government funds.

The agency has launched a probe into Bersatu’s accounts over suspicion of receiving illegal proceeds. – The Vibes, April 6, 2023