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High Court grants leave for Bersatu challenge of MACC freezing bank account, travel ban

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Publish date: Tue, 30 May 2023, 12:10 PM

KUALA LUMPUR: The High Court has granted leave for Bersatu to challenge the Malaysian Anti-Corruption Commission's (MACC) freezing of its bank account and the travel ban imposed on party president Tan Sri Muhyiddin Yassin.

Justice Ahmad Kamal Md Shahid granted the leave after finding that the application to initiate judicial review proceedings is not frivolous and vexatious.

"There are triable issues on the freezing order and travel ban that cannot be obliterated at this stage. The application for leave is hereby allowed," he said here on Tuesday (May 30). 

On March 8, Muhyiddin and Datuk (R) Capt Muhammad Suhaimi Yahya filed the application for leave to initiate judicial review.

Muhammad Suhaimi is the first applicant in his capacity as a public officer of Bersatu

They named MACC chief commissioner Tan Sri Azam Baki, MACC investigation division senior director Datuk Seri Hishamuddin Hashim and MACC anti-money laundering division director Datuk Mohamad Zamri Zainul Abidin among the respondents in the case. 

The other respondents are Immigration director-general Datuk Seri Khairul Dzaimee Daud, 13 MACC officers, along with the MACC, the Immigration Department and the Government.

Muhyiddin and Muhammad Suhaimi are seeking leave from the High Court to initiate judicial review against the order to freeze several bank accounts belonging to Bersatu as well as Muhyiddin's travel ban.

Subsequently, the applicants are seeking to unfreeze the said accounts so that a sum of RM4,354,635.80 could be used for the expenses, operations and management of Bersatu.

The applicants claim that the freezing order was wrongful, null and void as a result of the unconstitutionality, illegality, procedural impropriety, irrationality, mala fide, abuse of process and abuse of power by MACC and its officers.

On Muhyiddin's travel ban, the applicants sought for a declaration that the ban, without any reasonable basis, is illegal and a violation of Articles 5, 8, 9 and 10 of the Federal Constitution. 

 

https://www.thestar.com.my/news/nation/2023/05/30/high-court-grants-leave-for-bersatu-challenge-of-macc-freezing-bank-account-travel-ban

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