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Bersatu in bid to challenge MACC freeze on bank accounts

The party claims that the decision to freeze its accounts was made in bad faith.

Bernama
2 minute read
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Bersatu has filed an application for a judicial review to challenge the Malaysian Anti-Corruption Commission’s decision to freeze its bank accounts for investigation purposes.
Bersatu has filed an application for a judicial review to challenge the Malaysian Anti-Corruption Commission’s decision to freeze its bank accounts for investigation purposes.

Bersatu has filed an application for a judicial review to challenge the Malaysian Anti-Corruption Commission’s (MACC) decision to freeze its bank accounts for investigation purposes.

The application was filed by Muhammad Suhaimi Yahya and Muhyiddin Yassin on behalf of the party at the Kuala Lumpur High Court yesterday through Messrs Chetan Jethwani & Co.

They named MACC chief commissioner Azam Baki and 19 others as the first to 20th respondents.

They claimed that the decision to freeze the party's bank accounts was made in bad faith.

They also claimed that the commission had abused its power by conducting selective political prosecution against the leadership of Bersatu, Perikatan Nasional (PN) or Muhyiddin.

They also sought a declaration from the court against MACC, that the commission should not follow the directives of the leaders of the ruling party who are in the government or the directives of the prime minister and/or deputy prime minister by enlisting MACC officers to initiate investigation against Bersatu, causing the issuance of an allegedly wrongful freeze order.

According to the court documents, the Bersatu president is also seeking an interim order allowing him to move freely and to make trips abroad without restrictions. 

Muhyiddin is scheduled to travel to London on April 14 and 15 as a keynote speaker at the First Annual Conference of the Global Council for Political Renewal.

According to the application, the immigration department recently imposed a travel ban on Muhyiddin "illegally and without any reasonable grounds" and without serving any formal notice.

It claimed the travel ban was imposed as Prime Minister Anwar Ibrahim was worried that Muhyiddin would appear at an international forum and speak about political changes that would touch on developments in Malaysia.

Muhyiddin also claimed that there were efforts afoot to accuse him or Bersatu of corruption and abuse of power.

The party also claimed that MACC had detained and charged its members as well as third parties to threaten them and influence them to associate Muhyiddin or Bersatu with fabricated offences.

Bersatu is seeking an order of certiorari to quash the freeze orders issued under Section 44(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 on its bank accounts and to revoke them, according to the court document.

The Bersatu leader also wants MACC to unfreeze a sum of RM4.354 million for the expenses, operations and management of the party, and a court order for a mandamus for the MACC officers to abide by the purpose and spirit of the law in its investigative procedures and processes in a fair and just manner.

He is also seeking a declaration that as a validly registered political party, Bersatu has rights protected under the Federal Constitution and that its fundamental rights should not be infringed wrongfully for collateral purposes.