MACC freeze order cannot be challenged in court - AGC

 

The civil court has no power to allow judicial review to challenge MACC’s decision to freeze Aman Palestin’s 11 bank accounts.

The Attorney-General’s Chambers (AGC) raised this contention in its written submission to object against the NGO’s application for court leave to commence the judicial review against the anti-graft watchdog.

Acting for MACC, the AGC contended that the enforcement agency’s issuance of freezing orders is not amenable to judicial review.

“It has been upheld by the courts time and again that the exercises of function or power concerning criminal investigation processes are not amenable to judicial review.

“The courts, in so deciding, had time and again reminded us that allowing judicial review against the exercise of functions concerning criminal investigation would open the floodgates to challenge every other exercise of such function, leading to chaos and public disorder,” the AGC said.

Decision on March 21

Under the law, a judicial review is a process whereby a civil court examines the conduct of the administrative body in its exercise of the quasi-judicial and quasi-legislative power, to determine whether it has acted lawfully by acting within the scope of its lawful powers.

Traditionally, applicants have mounted judicial review to challenge the decisions of ministers and government departments, among others.

Following the hearing of oral submissions by Aman Palestin’s counsel Rafique Rashid Ali and MACC’s legal representative senior federal counsel Ahmad Hanir Hambaly @ Arwi, Kuala Lumpur High Court judge Amarjeet Singh set March 21 for a decision on whether to grant leave for the NGO to commence the legal action.

If the civil court grants leave, then it would set a future date to hear parties’ oral submissions on the merits of the judicial review.

On Jan 31, Aman Palestin filed a legal challenge against MACC’s freezing order over the bank accounts belonging to the NGO and other entities.

In a press statement accompanying the court filing, Rafique contended that MACC did not respond to the NGO’s two letters - dated Nov 27, 2023 and Jan 9, 2024 - which appealed and requested consideration for the accounts to be unfrozen to enable financial aid to be sent directly to the victims of war violence in Palestine.

The freeze was over an MACC investigation into the alleged misuse of donation money. It was made under the MACC Act 2009, the Anti-Money Laundering, Anti-Terrorist Financing, and Proceeds from Illegal Activities Act 2001, and the Penal Code.

Aman Palestin was established in 2004 to channel humanitarian efforts and collect funds for Palestinians affected by the Israeli occupation.