KUALA LUMPUR (March 21): The High Court has dismissed Aman Palestin Bhd's leave application to commence legal action against the Malaysian Anti-Corruption Commission (MACC) for freezing the non-governmental organisation's (NGO) bank accounts.

In a brief decision delivered via email on Thursday, High Court judge Datuk Amarjeet Singh Serjit Singh said that the graft buster's freeze order issued in November last year is not amenable to a judicial review, as it is 'part and parcel' of a criminal investigation.

"It has been held by the highest court, and this court is bound by those decisions, that the power in relation to the criminal investigation process is not amenable to a judicial review," he said in his broad grounds. The judge made no order as to cost.

Aman Palestin filed the leave application on Jan 31, seeking a court order to unfreeze all 11 of the NGO's accounts, and for the order issued in November last year under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (Amla) to be cancelled.

The NGO is also seeking an immediate release of RM11.03 million for daily expenses, employee salaries, administration and operating 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 anti-graft agency, among the seven respondents named in the suit were MACC chief Tan Sri Azam Baki, the commission's senior director of investigation Datuk Seri Hishamuddin Hashim, its anti-money laundering division director Datuk Zamri Zainul Abidin, and the government.

On Feb 15, Aman Palestin 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 NGO's funds. The trio have claimed trial.

In November last year, 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.

The NGO was represented by Muhammad Rafique Rashid Ali, while senior federal counsel Ahmad Hanir Hambaly @ Arwi appeared for the Attorney General's Chambers.