KUALA LUMPUR – The Kuala Lumpur High Court today dismissed Aman Palestin’s application for leave to commence a judicial review against the Malaysian Anti-Corruption Commission’s (MACC) order to freeze the embattled non-governmental organisation’s 11 bank accounts.
In a screenshot of the decision via email shared by representing lawyer Rafique Rashid Ali, high court judge Datuk Amarjeet Singh ruled that such powers to issue freezing orders were fundamental to the MACC’s investigation procedures.
“The subject matter is not amenable to judicial review, as the power to issue freezing orders is part and parcel of the criminal investigation process,” Amarjeet said in his broad grounds.
“It has been held by the highest court (Federal Court), and this court is bound by those decisions, that the power in relation to the criminal investigation process is not amenable to judicial review,” he said.
Amarjeet also said that a full judgement will be written in the event of an appeal.
Speaking to Scoop, Rafique said he is waiting for Aman Palestin’s instructions on whether to proceed with filing an appeal or not, as they have just been informed of the decision.
Aman Palestin filed an application on January 31, seeking to set aside the MACC’s decision to freeze 11 of its bank accounts.
They filed the judicial review in order to obtain a court order declaring that the MACC’s action in freezing their account was unlawful and requesting that the freezing order be cancelled.
They also sought a mandamus order demanding RM11.026 million to be immediately unfrozen to cover the NGO’s daily expenses, employees’ salaries, as well as administration and operational costs for its humanitarian missions over three months.
A mandamus order is a court order on government officials to properly fulfil their official duties or correct an abuse of discretion.
In November last year, the MACC froze 41 of Aman Palestin’s bank accounts amounting to RM15,868,762 under Section 44(1) of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act.
Separately, Aman Palestin’s executive director Abdullah Zaik Abdul Rahman, chief executive officer Awang Suffian Awang Piut, and affiliate Khairudin Mohd Ali were charged with 164 charges of money laundering, criminal breach of trust, and cheating involving RM45.5 million in funds linked to the NGO.
Zaik and Awang Suffian also pleaded not guilty to 52 identical criminal breach of trust charges involving the same RM20.94 million worth of Aman Palestin-owned assets in the form of cash. – March 21, 2024
