[UPDATED] Bersatu gets leave to challenge accounts freeze, Muhyiddin travel ban

KUALA LUMPUR – The high court here today allowed Bersatu’s application for leave to commence a judicial review to challenge the Malaysian Anti-Corruption Commission’s (MACC) decision to freeze its bank accounts and the Immigration Department’s travel ban on party president Tan Sri Muhyiddin Yassin.

Judge Datuk Ahmad Kamal Md Shahid ruled that the applicants have passed the threshold to commence judicial review proceedings and there are triable issues regarding the impugned freezing order and travel ban.

“These triable issues justify further argument by the parties at the substantive stage and cannot be obliterated by the court at this stage,” he said.

The judge also said Bersatu’s application to initiate a judicial review was not frivolous and vexatious.

“I am of the view that the application is amenable to judicial review and accordingly the leave to commence judicial review is hereby allowed,” said judge Kamal.

Judge Kamal however disallowed Bersatu’s interim order application for the release of funds from the party’s accounts as it would interfere with MACC’s investigation.

“At this stage, the granting of such interim orders or interim reliefs would amount to interference in the power of MACC in exercising its power to make a variation order.

“Therefore, it is my considered opinion that the release of money which is or could be connected with the money-laundering offences cannot be permitted,” he said.

He further said the release of money, if permitted, will diminish the frozen assets, as the purpose of the freezing order is to preserve the assets suspected to be from criminal activities.

“Permitting such release of money will frustrate the purpose of the freezing order which is yet to be determined in the criminal trials,” he said.

In the interim application, Bersatu had sought to withdraw RM1 million for the operation, management, salaries, costs, other expenses, and purpose of its political activities.

It also sought the release of RM6 million from its accounts to cover campaigning for the upcoming six state elections and another RM1 million for necessary expenses.

On the travel ban, judge Kamal said subsequent upliftment of the ban is not academic as the court has to look into it as a whole and not in isolation.

“Besides, the travel ban also has an element of public interest to demand the court to look into the matter substantively as Muhyiddin, being the preceding prime minister of Malaysia has a certain standing in the country,” he said, adding that the issue of the legality of the travel ban touched fundamental liberty enshrined in the federal constitution which warranted substantive hearing by the court.

Judge Kamal set June 21 for case management before fixing a separate date to hear the merits of the judicial review.

On March 8, Muhammad Suhaimi Yahya, as a public officer of Bersatu, and Muhyiddin as Bersatu president, filed the application naming MACC Chief Commissioner Tan Sri Azam Baki and 19 others as the first to 20th respondents. 

Senior federal counsel Ahmad Hanir Hambaly appeared for the government while counsel Rosli Dahlan appeared for Bersatu. – Bernama, May 30, 2023