KUALA LUMPUR (Sept 7): The High Court has set Oct 30 for a decision on a judicial review application filed by Parti Pribumi Bersatu Malaysia (Bersatu) against the Malaysian Anti-Corruption Commission (MACC) over the seizure of its two bank accounts.
Judge Datuk Ahmad Kamal Md Shahid said he will deliver his decision on whether to grant leave for a judicial review of the seizure on Oct 30.
In judicial review proceedings, leave (permission) has to be gained first before the full merits of the case are heard. This is to ensure that the application filed is not frivolous, vexatious or an abuse of the court process.
In the hearing for leave, Bersatu’s lawyer Rosli Dahlan and the respondent — the MACC’s legal representative, senior federal counsel Shamsul Bolhassan — gave their oral submissions before the judge for and against granting leave for a judicial review.
Rosli argued that the seizure by the MACC was done in bad faith or mala fide to “achieve collateral or ulterior purpose”, which means for a purpose other than the purpose for which it was intended.
He said that there is no contention that the application for a judicial review is vexatious or frivolous.
He also said that there are substantive and serious grounds which are arguable in the judicial review should it be granted.
However, Shamsul argued that the order to seize the accounts is not amenable by a judicial review. The complaint relating to the accounts which were seized was within the jurisdiction of the criminal court.
On May 29, Captain (Retired) Datuk Muhammad Suhaimi Yahya, as a public officer of Bersatu, through Messrs Chetan Jethwani & Chas filed the said application for leave to initiate a judicial review to challenge the MACC's action to seize the party's bank accounts for investigation.
He named former attorney general Tan Sri Idrus Harun as the first respondent, MACC chief commissioner Tan Sri Azam Baki as the second respondent, and 20 other individuals as the third to 22nd respondents.
Bersatu claimed that on April 19, its CIMB and AmBank bank accounts were seized without any seizure order given to it under Section 50(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
Bersatu claimed that the MACC released a statement on April 20 that both accounts were seized on April 11, but never informed the party of the said date.
In that statement, the anti-graft agency said that it seized the accounts after submitting an order in accordance with Section 50 of the Act.
The MACC made the statement in response to a report by The Edge titled "Bersatu asks MACC why two accounts are still frozen after 90 days".