KUALA LUMPUR - The Attorney-General has objected to Parti Pribumi Bersatu Malaysia's (Bersatu) leave application to start a judicial review proceedings on the freezing of its party accounts following allegations of money-laundering.
The review was to challenge the Malaysian Anti-Corruption Commission's (MACC) decision to freeze the account.
Senior Federal Counsel Shamsul Bolhassan, when arguing, said the freeze order cannot be challenged through a judicial review application as it is related to the party president and former prime minister Tan Sri Muhyiddin Yassin’s criminal charges.
Therefore, Shamsul said the leave application for a judicial review is seen as the civil court violating the criminal court’s jurisdiction.
"Hence, the AGC is objecting, as Section 9 of the Government Proceedings Act stipulates that the AG's powers cannot be reviewed.
"The power to issue the order is one of the investigation mechanisms," he added.
He said law enforcement agencies are authorised to issue the freeze order for the property of a person or parties involved, including political parties, if they meet the conditions.
"This request for permission has to be rejected as the bank account is the basis for the criminal charges.
"We argue that by allowing a judicial review of the freezing order, it will lead to the intervention of the civil court in exercising its powers of supervision under the jurisdiction of the criminal court," he said.
Lawyer Rosli Dahlan who represents Bersatu said the freeze and travel ban orders can be challenged in a judicial review.
He said it was because the issue raised was not trivial or troublesome.
He added that respondent committed procedural misconduct, which gives the court hearing the merits of the review application.
"The freeze order had never been given to Bersatu even after several applications were submitted before the judicial review permission was filed.
"The MACC investigation was conducted solely as a basis for issuing an account freeze order against this party and a travel ban against the Perikatan Nasional (PN) Muhyiddin without a solid basis," he said.
Bersatu in this proceeding applied for leave to challenge the decision and travel ban by the Immigration Department against Muhyiddin.
After hearing the arguments, Justice Datuk Ahmad Kamal Md Shahid fixed May 17 for the application's decision.
On March 8, Datuk Muhammad Suhaimi Yahya and Muhyiddin, on behalf of the party, filed the judicial review through Messrs. Chetan Jethwani & Co.
This is was done along with Bersatu's executive secretary Datuk (Capt) (Rtd) Datuk Muhammad Suhaimi Yahya.
They named the Malaysian Anti-Corruption Commission (MACC) and 18 of the commission’s officers, including chief commissioner Tan Sri Azam Baki, as well as the Immigration Department and the Malaysian government, as respondents.
Bersatu had claimed in court documents that there was an abuse of power and legal process in planning an investigation and selective prosecution against Bersatu, PN and Muhyiddin's leadership.
The applicant sought a declaration that the MACC doesn't work under the instructions of ruling party leaders in government or follow the prime minister and deputy prime minister's instructions, who allegedlly asked to initiate an investigation against Bersatu.