KUALA LUMPUR (April 18): Parti Pribumi Bersatu Malaysia has written to the Malaysian Anti-Corruption Commission (MACC) questioning why two of its banking accounts held in CIMB Islamic and AmBank respectively are continuously being frozen, despite the 90-day period having expired, and the party not being charged with any offence.
In a letter addressed to MACC anti-money laundering division director Datuk Mohamad Zamri Zainul Abidin last Friday (April 14), which was sighted by The Edge, Bersatu through its solicitors Messrs Chetan Jethwani asked why the party accounts are continuously frozen.
This follows the party accounts in CIMB and AmBank having been frozen on Jan 12 and Jan 13 this year on the basis that the accounts are the subject of investigation, and it suggests that Bersatu is under investigation and will face prosecution.
The party had asked for the freeze to be lifted, but this was denied by the MACC, resulting in the party to file a judicial review, where one of the reliefs sought in the court is a declaration that the freezing order would not lead to a seizure.
On March 10, former prime minister and Bersatu president Tan Sri Muhyiddin Yassin was charged with four counts of abuse of power and two counts of money laundering. The party, meanwhile, claimed that Muhyiddin and Bersatu are two separate parties or entities, and to date, the party has not been charged.
The freezing order has expired after 90 days, but party officials were still unable to do transactions last Thursday, according to the letter from the solicitors.
According to Section 44 (5) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUA), the MACC cannot freeze or proceed to seize Bersatu’s assets, as the party and Muhyiddin are two different and separate entities in law.
The section stipulates that a freezing order under Subsection 44 (1) shall cease to have effect after 90 days from the date of the order, if the person against whom the order was made has not been charged with an offence under AMLATFPUA.
The solicitors in the letter questioned why the party’s accounts are continuously being frozen, since it is clear that the party had not been charged with any offence.
The letter also questioned whether the funds in the accounts are subject to seizure under Section 50 of AMLATFPUA, and if so, urged the MACC to show a copy of the order. The party also asked the MACC to respect the due process of the court since a judicial review action has been filed.
In judicial review proceedings held earlier this month, lawyers for the party alleged that the freezing order was to cripple the party, as it would face an election in six states this year, namely Selangor, Penang, Megeri Sembilan, Kedah, Terengganu and Kelantan, and that such actions are deemed illegal and undemocratic.
The Attorney General's Chambers, which objected to the leave (permission) to initiate the judicial review on its full merits, said the freezing order is related to Muhyiddin’s purported offences.