‘MACC’S freeze order on Aman Palestin cannot be challenged’

The order to freeze Aman Palestin’s bank account cannot be challenged by a judicial review as it falls under the discretionary powers of the Malaysian Anti-corruption Commission (MACC) during an investigation, the High Court here has been told.

Senior Federal Counsel Ahmad Hanir Hambaly, who appeared for the Attorney General’s Chambers (AGC), said the power to issue freeze orders was one of the mechanisms for investigations provided in law and, as such, was not amenable to a judicial review.

“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 issuance 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 committed or is about to commit a terrorism financing offence or that the property is the proceeds from an unlawful activity,” he said yesterday.

SFC Ahmad Hanir also said the courts had upheld that the exercise of function or power in relation to the criminal investigation process was not amenable to judicial review.

The AGC was objecting to Aman Palestin’s application to commence a judicial review against the MACC’S order to freeze its bank accounts.

Lawyer Muhammad Rafique Rashid Ali, who represented Aman Palestin, argued that leave must be granted by the court for the applicant to commence judicial review on the grounds that the application has merits.

He said the MACC’S refusal to vary the wrongful freeze order was unreasonable and did not follow the law.

He claimed that due to the freeze order, all of the contributions for Gaza, which was under bombardment by Israel, had to stop.

“This became more dire when the winter aid programme, estimated to cost Rm10mil, could not be channelled to the victims in Gaza,” he said.

Justice Amarjeet Singh fixed March 21 to deliver his decision by email.

On Jan 31, Aman Palestin filed its application to initiate judicial review against the order to freeze its bank accounts.

On Feb 15, Aman Palestin’s executive chairman and its chief executive officer were among three individuals charged in the Shah Alam Sessions Court with 164 counts of criminal breach of trust, cheating and money laundering involving tens of millions of ringgit in the company’s funds.