KUALA LUMPUR – Aman Palestin Bhd’s bid to commence a judicial review against the Malaysian Anti-Corruption Commission (MACC) has been pushed to February 27.
The high court here was originally scheduled today to hear the non-governmental organisation’s leave application before judge Datuk Amarjeet Singh today.
However, the hearing was postponed after senior federal counsel Nur Irmawatie Daud informed the court this morning that the Attorney-General’s Chambers (AGC) would be filing an objection against the NGO’s application.
The court then fixed February 13 and 20 for both parties to file their written submissions, and February 27 to hear Aman Palestin’s leave application.
Lawyer Muhammad Rafique Rashid Ali, who is representing the NGO, later told reporters after court proceedings today that the senior federal counsel had not provided any reason for the AGC’s objection.
“The (senior federal counsel) said the instruction received (from the AGC) was only to file an objection. So, we will only learn why they are objecting once they file their written submissions,” he said.
Aman Palestin is seeking a judicial review to unfreeze millions in funds in its accounts.
It has named MACC Chief Commissioner Tan Sri Azam Baki, investigation division senior director Datuk Seri Hishamuddin Hashim and anti-money laundering division director Datuk Mohamad Zamri Zainul Abidin as well as two MACC officers, Mohd Afiq Mohammed Hassan and Muhammad Zuhi Mohd Yusoff, in the suit.
The NGO is also seeking a certiorari order (a court process to seek judicial review of a lower court or government agency) to cancel the freezing order on 11 of its bank accounts, as well as a mandamus order against the MACC and its officers to reverse the freezing order.
A mandamus order is a court’s order that compels government officials to properly fulfil their duties or correct an abuse of discretion.
Rafique said Aman Palestin was seeking a judicial review as an earlier letter it sent to the MACC received no response.
“We sent a letter to the MACC to unfreeze 11 accounts, because we wanted to use the funds to send aid. As the whole world knows, aid is urgently needed (to assist Palestinians at war).
“Between November 23 last year, when the freezing order was issued, and until January 9 recently, we didn’t get any response, so the only way to go was to file a judicial review.
“We have also filed a certificate of urgency to the court to expedite the leave application hearing,” he said.
Rafique also told reporters that there is about RM10 million “stuck” in the account, waiting to be disbursed to NGOs in Lebanon, Syria, Turkiye and Yemen.
“We have given our word to these NGOs to send help. So we made the announcement (to send help) on November 21 last year. The freezing order came two days later.”
Aman Palestin is also seeking a separate mandamus order for RM11 million to be immediately unfrozen for the purpose of its daily expenses, employee salaries, as well as administration and operational costs for its humanitarian missions over three months.
Besides that, Aman Palestin is also submitting a declaration that it has a right to continue collecting funds from the public and channel the monies to victims of the war on Gaza “without being wrongfully and illegitimately threatened” by the anti-graft agency. – February 6, 2024