KUALA LUMPUR (June 22): The High Court (Appellate and Special Powers division) on Thursday (June 22) allowed the transfer of Parti Pribumi Bersatu Malaysia’s second judicial review (JR) application with regard to its two party accounts being seized by the authorities, to be heard before another judge, who had heard the first JR.
This follows no objection being made by the Attorney General Chambers (AGC), representing the government and the Malaysian Anti-Corruption Commission (MACC), which had chosen to seize the accounts after it had earlier frozen them.
With no objection, judge Datuk Wan Ahmad Farid Wan Salleh agreed to the matter being transferred to judge Datuk Ahmad Kamal Md Shahid, who heard the first JR.
Bersatu was represented by Chethan Jethwani and Amiratu Al Amirati Salleh, while Federal counsels Mohammad Sallehuddin and Imtiyaz Wizni Aufa appeared for the AGC.
The outcome of Thursday’s proceedings was confirmed by Bersatu counsel Rosli Dahlan to The Edge, as the proceedings were conducted online. He said the court has fixed July 14 for case management.
The party filed the second JR through its executive secretary Captain (Rtd) Datuk Muhammad Suhaimi Yahya at the end of last month, following the seizing of its two accounts by the authorities in April.
The accounts had earlier in January been frozen by the MACC.
The MACC said then that it executed the seizure under Section 44 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA) for investigations into money suspected to be ill-gotten.
In the second JR, Bersatu is seeking leave (permission) for it to gain a hearing of the merits of the review, to obtain an a certiorari order to quash the respondents’ move to issue a seizure order under Section 50 of the AMLA to its CIMB Bank and AmBank accounts.
Bersatu also sought a mandamus order for the respondents to hand over the seizure order, which the party claims it did not receive; and for the two Bersatu accounts to be released from any condition or further freezing.
Further, Bersatu sought a declaration that as a valid political party, it has the right to carry out its political activities without any disruption and from being a victim of political persecution, and that it has rights as protected under the Federal Constitution.
The party accused the MACC of backdating the seizure order to April 11, after an initial announcement of the order on April 20. As such, Bersatu is seeking to quash the illegal backdated seizure order.
Ahmad Kamal had on May 30 allowed leave for the first JR to challenge the freeze order, after he found that the application is not frivolous, vexatious or an abuse of the court process.
“There is no reason why a freezing order imposed by the Malaysian Anti-Corruption Commission under Section 44 and/or Section 50 of the AMLA cannot be subjected to judicial review in appropriate circumstances,” Ahmad Kamal had decided.
He also ruled that the travel ban which was imposed on former prime minister Tan Sri Muhyiddin Yassin, following the MACC investigations, was also amenable to judicial review.
Muhyiddin, who is also Bersatu president, was charged on March 10 with four counts of abuse of power, for using his position as then PM to secure gratification amounting to RM232.5 million from corporate entities, which the prosecution said was funnelled directly to Bersatu.
He also faces two charges of money laundering involving RM195 million, which his party received. Muhyiddin claimed trial.
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