Bersatu will know on May 17 whether it obtains a court greenlight to commence a legal challenge to unfreeze its two bank accounts and also to quash the travel ban on its president Muhyiddin Yassin.
The High Court in Kuala Lumpur today set the decision on the opposition party’s application for leave to proceed with the judicial review to quash the MACC and the Immigration Department’s decisions.
Judge Ahmad Kamal Md Shahid was earlier hearing oral submissions from Bersatu’s counsel Rosli Dahlan as well as senior federal counsel Shamsul Bolhassan, who appeared for the government.
In the event that the party obtains leave, the court will later fix a separate date to hear submissions from opposing parties on the merits of the judicial review.
On March 8, the Perikatan Nasional coalition member filed the legal action to challenge MACC's decision to freeze its two bank accounts, one at CIMB Islamic Bank Berhad and another at AmBank (M) Berhad, as well as the immigration authorities’ decision to ban former prime minister Muhyiddin from travelling.
According to a copy of an affidavit in support of the judicial review, Bersatu’s executive secretary Muhammad Suhaimi Yahya contended that the freezing of the accounts was part of a malicious conspiracy by the unity government led by Prime Minister Anwar Ibrahim and his deputy Ahmad Zahid Hamidi.
Suhaimi claimed this was seen through Anwar’s first week as premier when he issued an allegation that the previous administration under Muhyiddin had misappropriated RM600 billion in an economic stimulus package.
Through a separate affidavit to support the challenge against the travel ban, Muhyiddin contended that the false allegations levelled against Bersatu as well as himself and his family members were motivated with the intent to foster hatred and public anger against him and make it easier to destroy the party.
On Feb 1, MACC chief commissioner Azam Baki confirmed that Bersatu's accounts were frozen as part of an investigation under the Anti-Money Laundering and Anti-Terrorism Financing Act.
Govt in conspiracy against Bersatu and its leaders - lawyer
During open-court proceedings earlier today, Rosli argued that leave should be granted so that the court can fully ventilate the issue of whether there is a conspiracy by the present unity government to defame Bersatu and its leaders.
The lawyer pointed to a series of public announcements by the government over alleged wrongdoings against Muhyiddin, which culminated in the Pagoh MP being charged in court over purported corruption involving over RM200 million.
Rosli also cited the widespread media coverage of Bersatu secretary-general Hamzah Zainudin’s son being charged over alleged violations of cooking oil subsidies.
"The new government is out to discredit the opposition," the lawyer submitted, adding that the party was not even informed prior to the freezing of the accounts.
Rosli added that Bersatu is financially hobbled especially with the expected high cost it is expected to incur for the upcoming state elections expected in the middle of this year.
"If the opposition is killed, democracy will die," the lawyer warned.
Rosli added that the bad intent of the present government can be seen also in Muhyiddin not being informed before the Immigration authorities imposed a travel ban against the Bersatu president.
In response, Shamsul countered that leave should be denied as the power of enforcement authorities to freeze bank accounts as part of the investigation is one that cannot be questioned via judicial review.
The senior federal counsel also submitted that the travel ban has already been lifted by the Immigration authorities, and that Muhyiddin's passport at present is being held by the criminal court as part of conditions for the politician to be released on bail, pending disposal of his Jana Wibawa-linked case. - Mkini
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