Senior federal counsel Ahmad Hanir Hambaly said the Attorney-General’s Chambers (AGC) objected to Aman Palestin’s application for a judicial review on the grounds that the issuance of the impugned notices is not amenable to judicial review.
“The power to issue freezing orders is one of the mechanisms for investigation provided in law. Enforcement agencies are vested with the power to issue an order to freeze a person’s property upon the fulfilment of some conditions.
“The said requirements are in Section 44(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (Amla).
“The issuance of a freezing order is only made when an enforcement agency has commenced an investigation against the person and there are reasonable grounds to suspect either that the person commits or is about to commit a terrorism financing offence, or that the property is the proceeds from an unlawful activity,” he said.
Hanir said it has been upheld by the courts time and again that the exercise of function or power concerning criminal investigation processes are not amenable to judicial review.
Meanwhile, lawyer Rafique Rashid Ali, representing Aman Palestin, described MACC’s reluctance to revoke or amend the freezing order as unreasonable and not in accordance with Section 44(1) of Amla.
“As a result of the freeze, all relief funds collected for victims of Israeli atrocities in Gaza have now come to a halt and can no longer be carried out.
“This becomes even more urgent as the Winter Aid Programme, estimated to cost RM10 million, cannot be channelled to the victims in Gaza,” the lawyer said.
Therefore, he said permission should be granted because the application has merit.
High Court Justice Amarjeet Singh then fixed March 21 for a decision by email.
Aman Palestin filed an application on Jan 31 to reverse the MACC’s decision to freeze 11 of its bank accounts.
The freezing order was made under Section 44(1) of the AMLA on Nov 24, 2023.
The NGO also sought to order the MACC to unfreeze RM11.1 million immediately for daily expenses, staff salary, administration and operation costs for the next three months.
It also sought a court declaration that the appellant could still collect funds from the public and directly channel them to the war victims in Gaza.
Besides MACC, six other respondents were named in the suit: MACC chief commissioner Azam Baki, MACC investigation division senior director Hishamuddin Hashim, MACC anti-money laundering division director Zamri Zainul Abidin, two MACC officers Afiq Hassan and Zuhdi Yusoff, and the government.
On Feb 15, Aman Palestin Berhad (Aman Palestin) executive chairman and its CEO were among three people charged in the Shah Alam sessions court with 164 counts of criminal breach of trust, cheating and money laundering of tens of millions of ringgit in charity funds.