WA-25-62-03/2023 (Mahkamah Tinggi)

WA-25-62-03/2023 (Mahkamah Tinggi)

Leave to commence judicial review was granted because Applicants demonstrated arguable, non-frivolous triable issues concerning the legality of the MACC freezing orders and the travel ban; however interim orders to release frozen funds were refused at the leave stage because granting such relief would prematurely interfere with statutory investigatory and preservation functions under AMLA and the existence of injustice warranting release could not be established without substantive hearing; affidavits filed by putative respondents who were not invited to appear were disregarded at leave stage.

Citation
WA-25-62-03/2023 (Mahkamah Tinggi)
Parties
Applicant (setiausaha Kerja, Bersatu): DATUK KAPTEN (B) MUHAMMAD SUHAIMI YAHYA; Applicant (president, Bersatu): TAN SRI DATO’ HAJI MAHIADDIN @ MUHYIDDIN BIN HAJI MD YASIN; 1st Respondent (chief Commissioner, Macc): TAN SRI DATO’ SRI HAJI AZAM BIN BAKI; 2nd Respondent (senior Director, Investigation Division, Macc): DATUK SERI HISHAMUDDIN BIN HASHIM; 3rd Respondent (director, Money Laundering Division, Macc): DATO’ MOHAMAD ZAMRI ZAINUL ABIDIN; 4th Respondent (ketua Pengarah, Jabatan Imigresen Malaysia): DATO’ SRI KHAIRUL DZAIMEE BIN DAUD; 5th Respondent (macc Officer): MOHD ASYRAF AIMAN BIN MOKHTAR; 6th Respondent (macc Officer): FARAH SYAZMEEN BINTI MOKHTAR; 7th Respondent (macc Officer): MOHD HAMZAH BIN RAMLI; 8th Respondent (macc Officer): MOHD IHSAN BIN SAPUAN; 9th Respondent (macc Officer): MOHD SYAHMEIZY BIN SOLONG; 10th Respondent (macc Officer): NORHAIZAM BIN MUHAMMAD; 11th Respondent (macc Officer): MOHD SYAWALUDIN BIN SAID; 12th Respondent (macc Officer): NORSHARIL BIN SAHAROM; 13th Respondent (macc Officer): BASKAR A/L LATCHUMANAN; 14th Respondent (macc Officer): AHMAD AMZAR BIN AZIZAN; 15th Respondent (macc Officer): MAZREE BIN MOHD ZAINI; 16th Respondent (macc Officer): YUHAFIZ BIN MOHD SALLEH; 17th Respondent (macc Officer): MUHAMMAD AFNAN BIN ABDULLAH; 18th Respondent (macc as Agency): SURUHANJAYA PENCEGAHAN RASUAH MALAYSIA (SPRM); 19th Respondent (immigration Department as Agency): JABATAN IMIGRESEN MALAYSIA; 20th Respondent (government of Malaysia, Vicarious Liability): KERAJAAN MALAYSIA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 May 2023
Case Number
WA-25-62-03/2023 (Mahkamah Tinggi)
Procedural Posture
Judicial Review (semakan Kehakiman) / Leave Application to Commence Judicial Review Granted (leave Stage)
Outcome
Leave to commence judicial review proceedings granted; interim reliefs to release frozen funds refused; affidavits of putative respondents not invited to appear were disregarded at leave stage
Legal Topics
Freezing Orders Under AMLA, Variation Under Section 44 a AMLA, Travel Ban and Passport Surrender, Leave to Commence Judicial Review (order 53 Roc), Interim Reliefs Against Frozen Assets, Justiciability of Investigative Actions
Source Language
Malay/English
Constitutional Law Administrative Law Criminal Procedure Anti Money Laundering Law Immigration Law Freezing Orders Under AMLA Variation Under Section 44 a AMLA Travel Ban and Passport Surrender +3 more

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Parties

DATUK KAPTEN (B) MUHAMMAD SUHAIMI YAHYA

Applicant (setiausaha Kerja, Bersatu)

TAN SRI DATO’ HAJI MAHIADDIN @ MUHYIDDIN BIN HAJI MD YASIN

Applicant (president, Bersatu)

TAN SRI DATO’ SRI HAJI AZAM BIN BAKI

1st Respondent (chief Commissioner, Macc)

DATUK SERI HISHAMUDDIN BIN HASHIM

2nd Respondent (senior Director, Investigation Division, Macc)

DATO’ MOHAMAD ZAMRI ZAINUL ABIDIN

3rd Respondent (director, Money Laundering Division, Macc)

DATO’ SRI KHAIRUL DZAIMEE BIN DAUD

4th Respondent (ketua Pengarah, Jabatan Imigresen Malaysia)

MOHD ASYRAF AIMAN BIN MOKHTAR

5th Respondent (macc Officer)

FARAH SYAZMEEN BINTI MOKHTAR

6th Respondent (macc Officer)

MOHD HAMZAH BIN RAMLI

7th Respondent (macc Officer)

MOHD IHSAN BIN SAPUAN

8th Respondent (macc Officer)

MOHD SYAHMEIZY BIN SOLONG

9th Respondent (macc Officer)

NORHAIZAM BIN MUHAMMAD

10th Respondent (macc Officer)

MOHD SYAWALUDIN BIN SAID

11th Respondent (macc Officer)

NORSHARIL BIN SAHAROM

12th Respondent (macc Officer)

BASKAR A/L LATCHUMANAN

13th Respondent (macc Officer)

AHMAD AMZAR BIN AZIZAN

14th Respondent (macc Officer)

MAZREE BIN MOHD ZAINI

15th Respondent (macc Officer)

YUHAFIZ BIN MOHD SALLEH

16th Respondent (macc Officer)

MUHAMMAD AFNAN BIN ABDULLAH

17th Respondent (macc Officer)

SURUHANJAYA PENCEGAHAN RASUAH MALAYSIA (SPRM)

18th Respondent (macc as Agency)

JABATAN IMIGRESEN MALAYSIA

19th Respondent (immigration Department as Agency)

KERAJAAN MALAYSIA

20th Respondent (government of Malaysia, Vicarious Liability)

Procedural Posture

Judicial Review (semakan Kehakiman) / Leave Application to Commence Judicial Review Granted (leave Stage)

Legal Issues

  1. 1 Whether MACC's freezing order under Section 44/50 AMLA is amenable to judicial review
  2. 2 Whether refusal to vary or revoke freezing order under Section 44A AMLA was unlawful or procedurally improper
  3. 3 Whether freezing orders were properly served and whether failure to serve renders them invalid

Ratio Decidendi

Leave to commence judicial review was granted because Applicants demonstrated arguable, non-frivolous triable issues concerning the legality of the MACC freezing orders and the travel ban; however interim orders to release frozen funds were refused at the leave stage because granting such relief would prematurely interfere with statutory investigatory and preservation functions under AMLA and the existence of injustice warranting release could not be established without substantive hearing; affidavits filed by putative respondents who were not invited to appear were disregarded at leave stage.

Court Disposition

Leave to commence judicial review proceedings granted; interim reliefs to release frozen funds refused; affidavits of putative respondents not invited to appear were disregarded at leave stage

Orders

  • Leave to commence judicial review proceedings under Order 53 ROC granted
  • Interim orders sought to authorise Applicants to withdraw funds from frozen BERSATU bank accounts refused