KUALA LUMPUR: The High Court here was told Monday (Dec 15) that the central issue in Parti Pribumi Bersatu Malaysia's (Bersatu) judicial review application over the freezing and seizure of two of the party's bank accounts mirrors the issue in the criminal proceedings involving its president, Tan Sri Muhyiddin Yassin.
Senior Federal Counsel (SFC) Nurhafizza Azizan, appearing for the government and the Malaysian Anti-Corruption Commission (MACC), submitted in reply to Bersatu's arguments that the matter should therefore be determined by the criminal court.
"The charges against Muhyiddin were brought in his capacity as Bersatu president, thus, there is a clear nexus between the two. Accordingly, the matter should be addressed in the criminal court rather than through judicial review proceedings.
"The seizure order has not lapsed and remains in force until a final judgment is delivered in Muhyiddin's criminal case," said Nurhafizza.
Earlier, the party's counsel, Rosli Dahlan, submitted that the party's two bank accounts, which were frozen and eventually seized in 2023, remain inaccessible to date.
"The freezing order was only effective for three months. However, Bersatu is still unable to access its CIMB and AmBank accounts," he said, adding that Bersatu president Muhyiddin had been charged with criminal offences, not the party itself.
The hearing before Judge Datuk Aliza Sulaiman is set to continue on Feb 3 next year.
On Oct 30, 2023, the High Court allowed Bersatu's application for leave to initiate a judicial review to challenge the MACC's seizure of its two bank accounts.
Capt (Rtd) Datuk Muhammad Suhaimi Yahya, as a public officer of Bersatu, filed the application on May 29, 2023.
He named the then 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 the 22nd respondents.
Bersatu claimed that on April 19, 2023, its CIMB and AmBank accounts were seized without any seizure order being served on the party under Section 50(1) of the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001.
The party also claimed that the Malaysian Anti-Corruption Commission (MACC) issued a statement on April 20, 2023, stating that both accounts had been seized on April 11, 2023, but that Bersatu was never informed of the seizure on that date. - Bernama
