KUALA LUMPUR: The High Court has dismissed Bersatu's judicial review application in its challenge against a freeze order imposed by the Malaysian Anti-Corruption Commission (MACC) on two of its bank accounts.
Justice Aliza Sulaiman, now a Court of Appeal judge, said in her broad grounds of judgment on Thursday (June 18) that Bersatu president Tan Sri Muhyiddin Yassin has been charged in the criminal court for offences involving the bank accounts.
She said the issuance of the freezing orders, dated Jan 12 and 13, 2023, was intended as a means to prevent money from accounts in the investigation being dissipated.
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"I am satisfied that the investigations with regard to an unlawful activity had commenced against Muhyiddin in his capacity as the president of Bersatu and he has been charged for offences under the Anti-Money Laundering Act.
"The offences alleged to have been committed by Muhyiddin involve the bank accounts.
"Bersatu is the account holder. Therefore, the decisoin to issue the physical orders against the bank accounts, in my view, is compliant with the requirements under Section 44(1) of the AMLA Act," the judge said.
Regarding Muhyiddin's challenge on his travel ban, Justice Aliza said while the freezing orders on the bank accounts did not contain any direction that he was not permitted to leave the country, evidence showed that the MACC had written to the Immigration Department on March 3, 2023, to request that a travel ban be imposed on the former prime minister from that date onwards.
"I accept that the MACC is allowed to do so for the purpose of ensuring that the criminal investigation process could be carried out unimpeded," she added.
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The court found that the applicants failed to establish that the decisions, actions and omissions by the MACC were tainted with ultra vires, illegality, procedural impropriety, irrationality, and mala fide.
"I do not think that any of these has been established. In the premises, the applicants' application is dismissed," she said in the brief grounds of judgment.
The court did not make an order as to costs.
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 in March 2023 by Capt (Rtd) Datuk Muhammad Suhaimi Yahya in his capacity as a public officer of the party and Muhyiddin, as the first and second applicants, respectively.
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The applicants named then MACC chief commissioner Tan Sri Azam Baki, MACC investigation division senior director Datuk Seri Hishamuddin Hashim, anti-money laundering division director Datuk Mohamad Zamri Zainul Abidin, then Immigration director-general Datuk Seri Khairul Dzaimee Daud, 13 MACC officers, along with the MACC, the Immigration Department and the Government as respondents.
The applicants are seeking to unfreeze the said accounts so that a sum of RM4,354,635.80 could be used for the expenses, operations and management of Bersatu.
The applicants claim that the freeze order was wrongful, null and void as a result of the unconstitutionality, illegality, procedural impropriety, irrationality, mala fide, abuse of process and abuse of power by MACC and its officers.
On Muhyiddin's travel ban, the applicants sought a declaration that the ban was without any reasonable basis, is illegal and a violation of Articles 5, 8, 9 and 10 of the Federal Constitution.
In his supporting affidavit, Muhyiddin said he found out about the ban through the Immigration Department's website and it was imposed on him without handing over any official notice and without reason.
