KUALA LUMPUR – The high court has fixed March 21 to decide on the embattled non-governmental organisation Aman Palestin Bhd’s bid to commence judicial review against the Malaysian Anti-Corruption Commission (MACC) and six others.
High court judge Datuk Amarjeet Singh then fixed the date for the decision by email.
Earlier, he heard submissions from Muhammad Rafique Rashid Ali, the lawyer representing Aman Palestin, and Ahmad Hanir Hambaly @ Arwi, a senior federal counsel who appeared for the respondents during the proceeding today.
In opposing the NGO’s application, Hanir said the Attorney-General’s Chambers objected to Aman Palestin’s application to obtain leave for judicial review on the ground that the issuance of the impugned notices is not amenable to judicial review.
“The power to issue freezing orders is one of the mechanisms for investigation provided in law. Law enforcement agencies are vested with the power to issue an order to freeze a person’s property upon the fulfilment of some conditions. The said requirements are enumerated in Section 44(1) of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act (AMLA).
“The issuance of a freezing order is only made when an enforcement agency has commenced an investigation against the person and there is reasonable ground to suspect either that the person commits or is about to commit a terrorism-financing offence or that the property is the proceeds from an unlawful activity,” he said.
Hanir said that the courts have repeatedly upheld the notion that the exercise of functions or powers in criminal investigation processes is not amenable to judicial review.
Meanwhile, Rafique described the reluctance of the MACC to revoke or amend the freezing order as unreasonable and not in accordance with Section 44(1) of the AMLA.
“As a result of the account freeze, all relief funds collected for victims of Israeli attacks in Gaza have now come to a halt and can no longer be carried out. This becomes even more urgent as the Winter Aid Programme, estimated at RM10 million, cannot be channelled to the victims in Gaza,” said the lawyer.
Therefore, he said that permission should be granted to the applicant to proceed with the judicial review proceedings as the application has merit.
He also said that the investigations could continue without the need to freeze Aman Palestin’s bank account and asked for leave to be granted as their application has merit and is not frivolous.
Aman Palestin filed an application on January 31, seeking to set aside the MACC’s decision to freeze 11 of its bank accounts.
The freezing order was made under Section 44(1) of the AMLA on November 24, 2023.
The NGO also named MACC officers Mohd Afiq Mohammed Hasan and Muhammad Zuhdi Mohd Yusoff as respondents in the suit.
They filed the judicial review in seeking the court’s order that the MACC’s action in freezing their account is unlawful and that they sought the court’s order to cancel the freezing order.
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.
Apart from these demands, Aman Palestin also sought 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.
In November last year, it was reported that the MACC had frozen 41 Aman Palestin-linked bank accounts amounting to RM15.86 million as part of its probe into alleged irregularities in the NGO’s fundraising activities.
The freezing order had ruffled the feathers of Aman Palestin leaders, who threatened to take the anti-graft agency to court for its “malicious” attempts to tarnish the NGO’s reputation. – February 27, 2024