Aman Palestin can seek legal action, just as MACC has right to probe: Azam

 

MACC is ready to fight Aman Palestin in court should the organisation take legal action against the freezing of its bank accounts, said MACC chief Azam Baki.

He told Malaysiakini that while it is within Aman Palestin's right to initiate court action, the anti-graft agency is also within its legal right to conduct due investigations.

“In my opinion, it is up to them. They have the right to initiate legal action, while we too have the right to investigate on behalf of the public. No one can stop them from taking action. We will fight it in court.

“As for now, we will just follow the law,” he said.

MACC has frozen 41 bank accounts belonging to Aman Palestin Berhad and other company entities involving money amounting to RM15 million.

The freeze was made in relation to the investigation into the misuse of donation money and was made under the MACC Act 2009, the Anti-Money Laundering, Anti-Terrorist Financing and Proceeds from Illegal Activities Act 2001 (AMLATFPUAA 2001) and the Penal Code (Act 574).

“This is a lengthy investigation and there are many witnesses to call. So far, we have called 11 people, including Aman Palestin trustees,” Azam added.

Claims of abusing funds

Last night, Aman Palestin’s top management members denied allegations that the humanitarian group had been abusing funds donated by the public to help Palestinians.

Lawyer Muhammad Rafique Rashid Ali, who represents Aman Palestin, condemned MACC's recent statement on the case, which he claimed was malicious and aimed at creating a negative perception of them.

“The statement was like they already found Aman Palestin guilty of misusing RM70 million, which we deny. MACC statements related to this case were done carelessly, without integrity and cannot be trusted.

“MACC is an investigating agency and as such, it must be fair in its probe. MACC does not have the power to punish. That is under the jurisdiction of the court,” he said during a press conference at the Aman Palestin office in Bangi, Selangor.

Also present were Aman Palestin CEO Awang Suffian Awang Piut and its executive chairperson Abdullah Zaik Abdul Rahman.

Rafique was referring to MACC’s Nov 23 statement on the frozen bank accounts.

Aman Palestin representative and lawyer Muhammad Rafique Rashid Ali

He said the agency also seized assets including 12 land plots, four buildings, four vehicles and RM15,868,762 in cash that were derived from donations to Aman Palestin.

Three days to unfreeze assets

Stressing that all the assets were obtained legally, the lawyer said they were purchased as investments aimed at strengthening Aman Palestin's capability to provide humanitarian services.

According to Rafique, Aman Palestin is legally allowed to invest funds it received in syariah-compliant investments, to which its proceeds would be used to help Islamic countries like Syria and Palestine.

He also questioned why MACC had not seized any case items or shown them to the public as per the norm in other cases involving misuse of funds or gains from illicit activities, while not being clear that only 11 of the 41 bank accounts frozen had belonged to Aman Palestin.

“MACC has to answer all these questions. Why were the accounts used to collect donations for humanitarian works frozen? Why was this action taken the day after Aman Palestin announced a donation drive for its Winter Aid and when a ceasefire was declared?

“How could all the donations from the public and individuals be justified as illicit?” he said.

Thus, Rafique said, Aman Palestin has issued a notice to Azam and MACC director for Anti-Money Laundering Unit Mohamad Zamri Zainul Abidin to unfreeze its bank accounts.

According to the lawyer, they have given MACC three days to do so, or face legal action.

'Suspicious investments'

Meanwhile, MACC sources claimed that an investigation was carried out due to suspicious investments made by Aman Palestin using donated funds.

While the organisation is allowed by law to invest, a high-ranking official said that the investments should not involve personal benefits.

“Among the things we are looking into is the procurement of 27 assets, of which some 21 are land plots and building premises. Some of the land plots are in Sabah and Sarawak. The question is why was the buying of these assets needed?

“The money was given by the public to help save people. If you want to buy assets, this must be done properly and must not involve personal benefit,” the source added.

The agency is also probing the purchase of gold by Aman Palestin, which the organisation told MACC was an instrument to send aid to Palestine. - Mkini