Bersatu makes another bid to challenge MACC's seizure of bank accounts

  • Nation
  • Tuesday, 30 May 2023

KUALA LUMPUR: Bersatu has filed another application for leave to initiate judicial review to challenge the Malaysian Anti-Corruption Commission's (MACC) action to seize its bank accounts for investigation.

The application was filed by Bersatu's working secretary Capt (R) Datuk Muhammad Suhaimi Yahya on behalf of Bersatu through Messrs Chetan Jethwani & Co on May 29.

He named Attorney General Tan Sri Idrus Harun and MACC chief commissioner Tan Sri Azam Baki as the first and second respondents respectively 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 MACC released a statement on April 20 that both accounts were seized on April 11 but never informed them on the said date.

"The media statement clearly showed a 'backdating' tactic with bad intention to use the media to hide the fact that the seizure order had expired," it said in its court document.

It further claimed that MACC had frozen all of Bersatu's bank accounts wrongfully based on false allegations by being in cahoots with the leadership of the government to provoke hate and a public rebuke against party president Tan Sri Muhyiddin Yassin.

Bersatu said it was seeking a court order for the seizure order, which it claimed it had never received until now despite asking for it several times, adding that this was violating Bersatu's right for asset possession.

Bersatu is seeking a mandamus order for all the bank accounts to be unfrozen and a declaration that the respondents could not extend the restriction on the accounts for more than 90 days by abusing the law provision under Section 50 of AMLATFPUAA.

The application has been fixed for hearing on June 22 before High Court judge Justice Wan Ahmad Farid Wan Salleh.

On Tuesday (May 30), Bersatu had successfully obtained leave from the High Court in its first judicial review application to challenge MACC's action to freeze its bank accounts and the travel ban imposed on Muhyiddin.

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