As a result, Bersatu claims the seizure order is “ultra vires”, “illegal”, “procedurally improper”, “irrational”, “an abuse of process”, “mala fide”, “in violation of its legitimate expectation”, “perverse” and an “abuse of power”.
In a second application for leave to commence judicial review proceedings filed in the High Court, Bersatu is seeking to annul MACC’s seizure order.
Filed on Monday by Suhaimi Yahya on behalf of the party, the application names the attorney-general, MACC, its chief commissioner Azam Baki and several officers, as well as the federal government as respondents.
“On April 6, the High Court heard (Bersatu’s application for leave to commence judicial review proceedings) and reserved its decision to May 17, and later May 30.
“However, MACC attempted to disturb and change the status quo (in that application) by wrongfully announcing the seizure of Bersatu’s bank accounts despite the fact that the order had lapsed,” Bersatu said in a statement filed in court.
The party said that to date, it has not been served with the seizure order.
In the statement, the party recounts how no coalition was able to form a simple majority in Parliament following the 15th general election (GE15).
“PH, under the leadership of Anwar Ibrahim, conspired with BN under Ahmad Zahid Hamidi to be appointed to form a coalition government purportedly called the ‘Malaysian unity government’,” the statement read.
According to Bersatu, the conspiracy between PH and BN is clearly reflected in several events that took place following GE15.
“(Anwar) had in the first week since becoming finance minister announced that the government led by Muhyiddin Yassin had misappropriated RM600 billion, which was then reduced to RM530 billion, RM92.5 billion, RM4.5 billion, and eventually RM300 million,” it said.
The party said that on the day after it filed its initial judicial review bid, MACC charged Muhyiddin “not for misappropriation of RM300 million, but for abuse of power”.
Muhyiddin’s own bank accounts were not frozen. Instead, it was Bersatu’s accounts that were frozen to cripple the party, the statement said.
“To date, Bersatu has not been charged,” it said.
Bersatu said Anwar and Zahid have since made defamatory accusations against the party and Perikatan Nasional, including alleging that the party was financed by funds from companies engaged in gaming activities.
“On May 25, law and institutional reform minister Azalina Othman Said issued a written reply (to Parliament) stating that MACC had, after a detailed investigation, confirmed that no PN party had been financed by gaming funds,” it said.
Azalina later retracted her comments and insisted that investigations were still ongoing after Muhyiddin claimed her initial statement was proof in itself that Bersatu and PN had been defamed, the statement added.
“It is clear that (Anwar) and (Zahid) had directed MACC investigations into Bersatu, resulting in a wrongful freezing of the party’s bank accounts.
“To date, Bersatu has not been notified or served with any such order.”
Bersatu’s leave application will be heard on June 22 before Justice Wan Ahmad Farid Wan Salleh.
Earlier today, another High Court granted Bersatu leave to proceed with a judicial review of MACC’s seizure of Bersatu’s accounts as well as a travel ban against Muhyiddin.
During the proceeding, Bersatu’s lawyer, Rosli Dahlan, informed Justice Ahmad Kamal Shahid of the filing of the present application and asked for both applications to be heard together.
The judge, however, said he was not in a position to direct the court’s registrar to do so.