KUALA LUMPUR: The High Court has dismissed Bersatu’s judicial review application in its challenge against a freezing 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 that former prime minister 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 Jan 13, 2023, was intended as a means to prevent money from accounts in the investigation from being dissipated.
“I am satisfied that the investigations with regard to an unlawful activity had commenced against Muhyiddin in his capacity as Bersatu president, and he has been charged for offences under the Anti-Money Laundering Act.
“The offences alleged to have been committed by him involve the bank accounts. Bersatu is the accounts holder.
“Therefore, the decision to issue the physical orders against the bank accounts, in my view, is compliant with the requirements under Section 44(1) of the Act,” the judge said yesterday.
On Muhyiddin’s challenge on his travel ban, Justice Aliza said that although the bank account freezing orders did not explicitly prohibit him from leaving 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 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.
The court also found that the applicants did not prove that the MACC’s decisions, actions and failures were illegal, improper, unreasonable, or done in bad faith.
“I do not think that any of these have been established. On those premises, the 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 Kpt (Rtd) Datuk Muhammad Suhaimi Yahya in his capacity as a public officer of the party and Muhyiddin as the first and second applicants, respectively.
The applicants named MACC chief commissioner Tan Sri Azam Baki, MACC investigation division senior director Datuk Seri Hishamuddin Hashim, MACC anti-money laundering division director Datuk Mohamad Zamri Zainul Abidin, 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.
They claim that the freezing order is wrongful, null and void due to unconstitutionality, illegality, procedural impropriety, irrationality, mala fide actions, abuse of process, and abuse of power by the MACC and its officers.
On the travel ban, the applicants sought a declaration that it was without any reasonable basis, was 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 department’s website and that it was imposed on him without handing over any official notice and without reason.
