KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) has clarified that the freezing of Bersatu’s bank accounts was conducted legally and not on an arbitrary basis, as stated by the MACC Legal and Prosecution Division director, Datuk Wan Shaharuddin Wan Ladin. The action was taken under the provisions of Section 50(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001.
According to BERNAMA News Agency, the accounts were frozen because they were considered the ‘subject matter’ of ongoing investigations and prosecution. Consequently, they cannot be unfrozen until the trial is concluded. Wan Shaharuddin explained that Section 50(1) deals with the ‘seizure of movable property in financial institutions,’ and in this instance, the Deputy Public Prosecutor (DPP) utilized their authority to direct the financial institution to freeze the accounts. The freezing will remain in effect until the order is either varied or revoked.
He further elaborate
d that the duration of the freezing order is delineated in Section 52A of the same Act. The Act specifies that a freezing order expires after 12 months if no charges are filed against the individual subject to the order. However, in this situation, prosecution consent has been obtained, and Bersatu’s president, Tan Sri Muhyiddin Yassin, has been charged under Section 4(1)(b) of AMLATFPUAA 2001.
Wan Shaharuddin also noted that Bersatu sought judicial review by filing for leave to challenge MACC’s actions concerning the account freezing on May 29, 2023. On October 30, 2023, the Kuala Lumpur High Court granted Bersatu leave for judicial review, scheduling the trial for September 24, 2025.
He urged the public to comprehend that all actions undertaken by the authorities in prosecuting this case are legally grounded. Additionally, he emphasized that individuals accused have the opportunity to defend themselves and establish their innocence within the legal framework.
Meanwhile, Muhyiddin has reportedly indicated
that Bersatu is contemplating legal action against MACC and the related financial institution. He alleges the account freezing represents an abuse of power, as the party has not been charged with any offense. Furthermore, Muhyiddin claimed that although the law permits account freezing for up to 12 months, Bersatu’s accounts have remained frozen beyond this period, prompting the party’s legal team to explore potential legal solutions.