AG objects to Bersatu's bid to challenge MACC freeze on bank accounts

The attorney-general has objected to the application for leave by Bersatu to challenge the Malaysian Anti-Corruption Commission’s (MACC) decision to freeze its bank accounts for investigation purposes.

Senior federal counsel Shamsul Bolhassan, on behalf of the attorney-general, told the High Court this was because the issuance of the freeze order was not amenable to judicial review. 

"The power to issue freeze orders is one of the mechanisms for investigation, and law enforcement agencies are vested with the power to issue an order to freeze a person’s property upon the fulfilment of some conditions," he said before Judge Ahmad Kamal Md Shahid.

He said the leave application should be refused on grounds that Bersatu’s frozen bank accounts had become the subject matter of criminal charges, rendering any complaint relating to those bank accounts within the criminal court’s jurisdiction.

"The freeze order, which was issued on Bersatu’s bank accounts, is now the subject matter in the criminal charge against Muhyiddin Yassin.

"Therefore, we submit that allowing the leave for judicial review against the said freeze order would amount to interference by the civil court in its exercise of its supervisory power with the criminal court’s jurisdiction," he added.

Muhyiddin was charged at the Kuala Lumpur Sessions Court on March 10 with four counts of corruption to solicit bribes amounting to RM232.5 million and two counts of money laundering involving RM195 million.

On March 13, he was charged at the Shah Alam Sessions Court with one count of receiving RM5 million in proceeds from unlawful activities.

On Muhyiddin's challenge to his travel ban, Shamsul argued that the application should be dismissed as the travel ban had already been lifted, rendering his challenge purely academic and hypothetical.

"Presently, a travel ban is still being imposed by the 19th respondent (immigration department) against Muhyiddin, but such imposition was made pursuant to a request from the Sessions Court, in a letter dated March 10. 
 
"Therefore, Muhyiddin’s passport remains in the safekeeping of the Sessions Court and he will be required to obtain the criminal court’s permission in order to travel," he said.

Meanwhile, Bersatu's counsel Rosli Dahlan submitted that the application was not frivolous or vexatious, and warranted merit to be argued at the substantive stage.

Rosli said it was irrational for the immigration department to impose the travel ban against Muhyiddin merely at the behest of the MACC. 

"The fact that the immigration department and MACC have admitted that the wrongful travel ban was issued before my client was charged and before the court's request on March 10 to impose a travel ban against him demonstrates the irrationality and warrants this application," he added.

Judge Kamal fixed May 17 for a decision.

On March 8, Muhammad Suhaimi, as a public officer of Bersatu, and Muhyiddin as the Bersatu president, filed the application naming MACC chief commissioner Azam Baki and 19 others.

The Bersatu leader, among others, sought for 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 investigative procedures and processes in a fair and just manner.