THE Kuala Lumpur High Court has allowed Bersatu to challenge a freezing order imposed by the Malaysian Anti-Corruption Commission (MACC) on the party’s bank accounts and travel ban placed on party president Tan Sri Muhyiddin Yassin.
According to news reports, Justice Datuk Ahmad Kamal Md Shahid had ruled that the applicants had satisfied the legal requirements for the court to hear its application at a full hearing.
“These triable issues justify further argument by the parties at the substantive stage and cannot be obliterated by the court at this stage,” he was reported as saying by Malay Mail.
The judge also pointed out that Bersatu’s application to initiate judicial review was not frivolous and vexatious.
“I am of the view that the application is amenable to judicial review and accordingly the leave to commence judicial review is hereby allowed,” Ahmad Kamal said.
Bersatu filed an application in March seeking leave to appeal the freezing of the party’s financial accounts, claiming that the order was made in bad faith, with its party president Muhyiddin arguing that the travel ban was wrongfully imposed on him and that he was unaware of it.
The Pagoh MP further said that the ban was intended to tarnish his reputation by making it appear as though he had committed a crime and was attempting to flee.
The court, however, denied Bersatu’s motion for interim access to its frozen accounts since the party intended to use the money to pay for its daily operations and rent.
“At this stage, the granting of such interim orders or interim reliefs would amount to interference in the power of the MACC in exercising its power to make a variation order,” he said.
“Therefore, it is my considered opinion that the release of money which is or could be connected with the money laundering offences cannot be permitted.”
He went on to note that the release of the money, should it be permitted, will only diminish the frozen assets (the money in the bank account) as the purpose of the freezing order was to preserve the assets suspected of criminal activities.
“Permitting such release of money will frustrate the purpose of the freezing order which is yet to be determined in the criminal trials,” he further remarked.
In the interim application, Bersatu had sought to withdraw RM1 mil for the operation, management, salaries, costs, other expenses and purpose of the political activities of Bersatu.
It also sought the release of RM6 mil from its accounts for the purpose of campaign activities in the upcoming six state elections and another RM1 mil for necessary expenses.
Meanwhile, on the issue of Muhyiddin’s travel ban, Ahmad Kamal said subsequent upliftment of the travel ban is not academic as the court has to look into the travel ban as a whole and not in isolation.
“Besides, the travel ban also has an element of public interest to demand the court to look into the matter substantively as Muhyiddin, being the preceding prime minister of Malaysia, has a certain standing in the country,” he said adding that the issue of the legality of the travel ban touched fundamental liberty enshrined in the Federal Constitution which warranted substantive hearing by this court. – May 30, 2023
