KUALA LUMPUR: The High Court here has fixed March 1 to deliver its decision on Bersatu's judicial review application challenging the freezing and seizure of two of its bank accounts by the Malaysian Anti-Corruption Commission’s (MACC).
Judicial Commissioner Datuk Aliza Sulaiman set the date on Friday (Feb 13) after hearing submissions from lawyer Chetan Jethwani, representing Bersatu, and Senior Federal Counsel Nurhafizza Azizan, who appeared for the government and MACC.
Earlier, Chetan argued that the investigation and criminal charges were directed at Tan Sri Muhyiddin Yassin in his personal capacity and bore no connection to Bersatu.
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In reply, Nurhafizza contended that the investigation and charges against Muhyiddin were brought in his capacity as Bersatu president, as he was responsible for managing the party’s accounts, pursuant to Section 51(2) of the Societies Act 1966.
She submitted that under the provision, office bearers and individuals involved in the management of a society may be held liable even if they did not directly commit the offence.
On Oct 30, 2023, the High Court granted Bersatu leave to commence judicial review proceedings to challenge the MACC’s seizure of two of its bank accounts.
The application was filed on May 29, 2023, by Capt (Rtd) Datuk Muhammad Suhaimi Yahya in his capacity as a public officer of the party.
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He named then attorney general Tan Sri Idrus Harun and MACC chief commissioner Tan Sri Azam Baki as the first and second respondents, respectively, along with 20 others as the third to 22nd respondents.
Bersatu contended that its CIMB and AmBank accounts were seized on April 19, 2023, without any seizure order being served on the party as required under Section 50(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
The party further claimed that although the MACC issued a statement on April 20, 2023, saying the accounts had been seized on April 11, it was never notified of the seizure on that date. – Bernama
