Bersatu could file judicial review against MACC for return of seized funds - Lawyer
The lawyer said any funds seized should be returned to the account owner if no charges have been filed against Bersatu from January 2023 until now.
SHAH ALAM - Parti Pribumi Bersatu Malaysia (Bersatu) could file a judicial review application against the Malaysian Anti-Corruption Commission (MACC) under Order 53 of the Rules of Court 2012 by providing evidence that the agency has acted unlawfully in exercising its powers.
Lawyer KK Baraneetharan said if assets were seized beyond the legally prescribed period without any charges being brought forward, the issue of non-compliance with the law by the MACC can be raised.
He said any funds seized should be returned to the account owner if no charges have been filed against Bersatu from January 2023 until now.
"That is one of the options available to Bersatu regarding the case they are facing.
"In this instance, the period during which the funds in the account were initially frozen and later seized exceeds 12 months, yet the party has not been charged with any offences.
"From an investigative perspective, freezing or seizing someone’s assets is permissible if they are suspected of committing an offence under the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001.
"However, the suspect should be charged under the same act before the legally prescribed period expires," he told Sinar.
The legal practitioner from Akram Hizri Azad & Azmir said if the law specified a time frame for freezing and seizing assets, that provision must be adhered to.
"In this case, the issue that can be argued is the time frame for which assets can be frozen and seized by the MACC.
"The remedy available to the judge hearing the judicial review would be based on Schedule 1 of the Courts of Judicature Act 1964, where the judge can issue any order or declaration favouring the affected party if the case is proven," he explained.
Baraneetharan said if the case was proven and the relief sought was the return of the seized funds, the MACC must comply with the court's order.
"The MACC's actions to freeze accounts and seize money in Bersatu’s accounts were carried out under Section 50 of AMLATFPUAA.
"Section 50(1) of AMLATFPUAA allows the public prosecutor to seize or instruct a financial institution to freeze funds in a bank account if they were suspected to be proceeds of illegal activities," he said.
He added that Section 50 of the Act did not specifically stipulate criteria for the return of seized or frozen funds to a suspect.
"However, Section 52A of the Act generally sets a period for which seized assets can be retained, namely 12 months from the date of the seizure order, provided no charges are filed within that period," he added.
On Sunday, Bersatu president Tan Sri Muhyiddin Yassin said the party was considering legal action against the MACC and the involved bank following the freezing of the party's accounts since January 2023.
Previously, it was reported that two of Bersatu’s accounts were frozen on Jan 12 and 13, 2023, and later seized by the MACC on April 11, the same year for further action.
The MACC said the seizure was conducted after obtaining an order under Section 50 of AMLATFPUAA from the bank.
