KUALA LUMPUR - Parti Pribumi Bersatu Malaysia (Bersatu) has failed in its judicial review application challenging the Malaysian Anti-Corruption Commission's (MACC) freezing and seizure of two of the party's bank accounts.
Judge Datuk Aliza Sulaiman, who has since been elevated to the Court of Appeal, dismissed the application filed by Capt (Rtd) Datuk Muhammad Suhaimi Yahya, in his capacity as a public officer of Bersatu, and the party president, Tan Sri Muhyiddin Yassin.
In a decision delivered via Zoom proceedings, Judge Aliza said the court was satisfied that the applicants had failed to establish that the respondents' decisions, actions or omissions were tainted by ultra vires, illegality, procedural impropriety, irrationality, mala fide, breach of legitimate expectation or abuse of power.
The court did not make an order as to costs.
Muhammad Suhaimi and Muhyiddin filed the application in March 2023, naming the MACC, then MACC chief commissioner Tan Sri Azam Baki, the government and 17 others as respondents.
In her decision, Judge Aliza said the respondents contended that the bank accounts have become the subject matter of the criminal charges against Muhyiddin in his capacity as the Bersatu president.
"It is a fact that, as of today, the trial against Tan Sri Muhyiddin on the criminal charges has commenced in the Special High Court for Corruption," she said.
Judge Aliza 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 Tan Sri 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 Tan Sri Muhyiddin involve the bank accounts where Bersatu is the account holder. Therefore, the decision to issue the freezing orders against the bank accounts is compliant with the requirements under Section 44(1) of the AMLA Act," she said.
On Muhyiddin's challenge to his travel ban, Judge Aliza said Muhyiddin contended that the imposition of the travel ban on him was wrongful, as he was never subjected to any freezing order and that the freezing orders were issued against BERSATU.
She said paragraph 44(4)(c) of the AMLA Act provides that a freezing order may direct that the person named or described in the order shall not leave or be permitted to leave Malaysia and shall surrender any travel documents to the Director General of Immigration within one week of the service of the order.
The judge said, while it is true that the freezing orders in this case do not contain any direction that Muhyiddin shall not leave or be permitted to leave the country, the evidence shows that the MACC had written to the Immigration Department on March 3, 2023 to request that a travel ban be imposed on Muhyiddin from that date.
"I accept that the MACC is allowed to do so for the purpose of ensuring that the criminal investigation process can be carried out unimpeded," she said.
Bersatu contended that its CIMB and AmBank accounts were seized in 2023, without any seizure order being served on the party as required under Section 50(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
The applicants claim that the freezing order was wrongful, null and void as a result of unconstitutionality, illegality, procedural impropriety, irrationality, mala fide, abuse of process and abuse of power by MACC and its officers.
On Muhyiddin's travel ban, they 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. - BERNAMA