KUALA LUMPUR (Feb 27): The order to freeze Aman Palestin's bank accounts cannot be challenged through a judicial review, as it is within the discretionary powers of the Malaysian Anti-Corruption Commission (MACC) in carrying out a criminal investigation, the Attorney General's Chambers (AGC) said on Tuesday.

Senior federal counsel Ahmad Hanir Hambaly @ Arwi argued this, opposing the non-governmental organisation's (NGO) leave application to commence legal action against the graft busters to unfreeze all 11 of its accounts.

"The power to issue freezing orders is one of the mechanisms for investigation provided under the [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," he said.

Any such order under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (Amla), he said, would only be issued once an enforcement agency has begun an investigation and has "reasonable ground" to suspect that the person has committed or is about to commit an offence.

"It has been upheld by the courts time and again that the exercises of the function or power in relation to criminal investigation processes are not amenable to a judicial review," he added, asking the court to dismiss the leave application.

Lawyer Muhammad Rafique Rashid Ali representing Aman Palestine argued that the freeze order was bad in law, as it does not comply with the requirements of Section 44 (1) of Amla, because the order does not contain the words "reasonable suspicion".

He argued that the freeze order was a public act by the MACC, and hence can be reviewed by the courts. He also cited recent cases decided in the apex court, which allowed some leeway to challenge the enforcement agency's discretionary powers, arguing that unfettered power goes against the rule of law.

Muhammad Rafique also stressed that investigations can still continue without the need to freeze the accounts, and asked for leave to be granted, as the application was not frivolous and had merit.

High Court judge Datuk Amarjeet Singh Serjit Singh has set March 21 to deliver his decision.

Aman Palestin filed the leave application late last month, seeking a court order to unfreeze all 11 of its accounts, and for the freeze order issued in November under Amla to be cancelled.

The NGO is also seeking an immediate release of RM11,026,215.60 (approximately RM11 million) for daily expenses, employee salaries, administration and operational costs, as well as its humanitarian work for the next three months.

Further, Aman Palestin wants a declaration that it can continue to collect donations from the public, and directly channel them to Palestinians, along with damages, costs and other relief deemed fit by the court.

Besides the MACC, among the seven respondents named in the suit were the anti-graft agency's chief commissioner Tan Sri Azam Baki, senior director of investigations Datuk Seri Hishamuddin Hashim, anti-money laundering division director Datuk Zamri Zainul Abidin, and the government.

On Feb 15, the NGO's chief executive officer Awang Suffian Awang Piut, executive director Abdullah Zaik Abd Rahman, and director Khairudin Mohd Ali were charged with 164 counts of criminal breach of trust, cheating and money laundering involving the organisation's fund. The trio have claimed trial.

In November, the MACC froze 41 bank accounts belonging to Aman Palestin and several other companies involving more than RM15 million as part of an investigation into the NGO’s alleged misappropriation of RM70 million.

Azam said that freezing of the assets was done to facilitate investigations in accordance with Section 44 (1) of Amla, which allows an enforcement agency to issue an order to freeze any property of any person, or any terrorist property.