Bersatu gets leave to challenge ex-PM’s travel ban, unfreeze accounts

The High Court in Kuala Lumpur granted leave for Bersatu to proceed with its legal bid to unfreeze the party’s two bank accounts and to lift the travel ban on its president Muhyiddin Yassin.

Judge Ahmad Kamal Md Shahid allowed the judicial review leave application by the opposition party during open-court proceedings this morning.

The judge ruled that there are triable issues with the freezing order and travel ban which require further ventilation by parties during a full trial of the matter.

“Having considered the application, it is my view that the case is not frivolous and vexatious and the applicants have passed the threshold to commence judicial review proceedings,” Ahmad Kamal said.

The judge noted that recent trend of apex court decisions - such as the ruling in N Sundra Rajoo appeal regarding the attorney-general’s power to institute criminal proceedings could be challenged by judicial review in appropriate circumstances - showed that even the issue of MACC’s freezing order over bank accounts can be the subject matter of judicial review.

In relation to the travel ban, Ahmad Kamal said while the blacklist against Muhyiddin has been lifted, the issue is not academic as the court needs to look into the 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 the second applicant (Muhyiddin) being the preceding prime minister of Malaysia has a certain standing in the country.

“In short, the issue of the legality of the impugned travel ban is not frivolous or vexatious in the instant application. It touches upon fundamental liberty enshrined in the Federal Constitution which also warrants substantive hearing by this court,” Ahmad Kamal said.

He noted that the triable issues cannot be decided in this early stage of proceedings.

Ahmad Kamal, however, did not allow Bersatu’s application for interim relief for the release of part of the funds in the party’s bank accounts to cover the party’s daily expenses.

The judge said the interim relief could not be granted because the civil court has yet to fully hear the judicial review proper and determine whether there had been injustice caused by the authorities’ decision.

With leave granted, the civil court will later set a separate date to hear parties’ submissions on the merits of the judicial review.

Legal action

On March 8, the Perikatan Nasional coalition member filed the legal action to challenge MACC's decision to freeze its two bank accounts, one at CIMB Islamic Bank Berhad and another at AmBank (M) Berhad, as well as the immigration authorities’ decision to ban the former prime minister from travelling.

According to a copy of an affidavit in support of the judicial review, Bersatu’s executive secretary Muhammad Suhaimi Yahya (who is the first-named applicant) contended that the freezing of the accounts was part of a malicious conspiracy by the government led by Prime Minister Anwar Ibrahim and his deputy Ahmad Zahid Hamidi.

Suhaimi claimed this was seen through Anwar’s first week as premier when he issued an allegation that the previous administration under Muhyiddin had misappropriated RM600 billion in an economic stimulus package.

Through a separate affidavit to support the challenge against the travel ban, Muhyiddin contended that the false allegations levelled against Bersatu as well as himself and his family members were motivated with the intent to foster hatred and public anger against him and make it easier to destroy the party.

Separate judicial review

On Feb 1, MACC chief commissioner Azam Baki confirmed that Bersatu's accounts were frozen as part of an investigation under the Anti-Money Laundering and Anti-Terrorism Financing Act.

Counsel Rosli Dahlan appeared for Bersatu, while senior federal counsel Ahmad Hanir Hambaly appeared for the government.

Meanwhile, during proceedings before Ahmad Kamal, Rosli informed that Bersatu has filed a separate judicial review over MACC's seizure of the party's frozen bank accounts.

It is understood that the second legal action was filed at the High Court in Kuala Lumpur yesterday.

On April 20 via a media statement, MACC confirmed that they have seized the two frozen bank accounts of Bersatu.

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