The Kuala Lumpur High Court has given permission to Bersatu to challenge the Malaysian Anti-Corruption Commission’s (MACC) seizure of its accounts. The High Court (Appellate and Special Power Division) granted leave on October 30 for the judicial review application to contest the seizure orders imposed by the MACC on Bersatu’s party accounts. During an online proceeding, Justice Datuk Ahmad Kamal Md Shahid ruled that there was a prima facie case to challenge the legality of the seizure orders.
Bersatu was represented by Rosli Dahlan, Chetan Jethwani, Amiratu Al Amirat, and Tang Jia Yearn, while the Attorney General’s Chambers (AGC) was represented by senior Federal Counsel Ahmad Hanir Hambaly and Federal Counsel Imtiyaz Auni. On May 30, Bersatu was granted leave to challenge the freeze order imposed in January. The judicial review on the freeze order and the seizure order issued on April 11 will be managed together on November 28.
Bersatu alleged that the MACC’s actions were politically motivated, claiming that Prime Minister Datuk Seri Anwar Ibrahim sought to weaken the party by depriving it of sufficient funds for elections. The party filed an additional affidavit mentioning that its president, Tan Sri Muhyiddin Yassin, had been discharged and acquitted by the High Court on August 15, as the court found that he had been charged with an offense unknown in the law. Therefore, Bersatu argued that the continued freezing and seizure of its accounts were mala fide.
The party’s first application for judicial review named the MACC and 16 of its officers after its accounts were frozen. The MACC officers mentioned in the application included chief commissioner Tan Sri Azam Baki and investigation division senior director Datuk Seri Hishamuddin Hashim. Subsequently, the MACC announced the seizure of Bersatu’s bank accounts before the expiry of the freeze order. Bersatu accused the MACC of backdating the seizure order and filed a second judicial review application on May 29 to review the legality of the MACC’s conduct.
Based on the leave granted on October 30, the High Court will now assess both judicial reviews together to determine the lawfulness of the freezing and seizure.
