Aman Palestin files court challenge to cancel MACC freeze on bank accounts

Ida Lim
·3-min read
Malay Mail
Malay Mail

KUALA LUMPUR, Feb 1 — Charity group Aman Palestin has filed a lawsuit to seek to cancel the Malaysian Anti-Corruption Commission’s (MACC) freeze on its 11 bank accounts, and wants to have access to over RM770,000 per month for its operations and employees’ pay.

Based on court documents filed yesterday, Aman Palestin Berhad is seeking seven court orders, including an order to quash MACC officials’ decision and action to issue a freeze order on November 24, 2023 on the company’s 11 bank accounts under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

Aman Palestin Berhad also wants the court to order MACC and its officers to immediately lift the suspension on the 11 bank accounts, and a subsequent order for the banks to reactivate 11 accounts.

As part of those seven court orders sought, Aman Palestin Berhad wants MACC and its officers to be ordered to amend the freeze order to immediately lift the freeze or release over RM11 million (RM11,026,215.60) for the company’s daily expenditure, employees’ pay, administration, operations and its aid missions for the next three months.

The charity group operating via the company also wants a court declaration that it has “the right to continue collecting funds from the public and to then directly channel it to war victims in Gaza” without interference from the MACC.

It also wants to be awarded compensation for the freeze of its bank accounts which it claimed was wrongful.

The group is also asking the court for an interim order — typically an order given while waiting for the case to be heard and decided on — to be allowed to withdraw RM770,108.40 every month for its operations, administration, employees’ pay and other expenditure. The application by Aman Palestin Berhad seeking leave for a judicial review was filed at the High Court here yesterday.

It named seven respondents: MACC chief Tan Sri Azam Baki, MACC investigation division senior director Datuk Seri Hishamuddin Hashim, MACC anti-money laundering division director Datuk Mohamad Zamri Zainul Abidin, two other MACC officers, the MACC and the government.

In a court document, Aman Palestin Berhad claimed that the MACC’s order to freeze its 11 bank accounts was illegal, unreasonable, irrational and purportedly an abuse of the legal process and misuse of powers, claiming that the freeze order form was not approved by the authorised person under the 2001 law.

In explaining its court action, the company argued that it could have been investigated without having its accounts frozen, saying that it had always provided full cooperation by giving documents and attending investigations when required by the MACC and claiming that its use of the 11 accounts would not affect the commission’s investigation and that the freeze was not needed for investigation purposes.

The company also claimed that it had been negatively affected by MACC’s actions, including not being able to pay for its operations; not being able to collect public donations to be channelled to victims in Gaza and existing funds in the frozen accounts not being able to channelled to them; and loyal contributors stating their wish to immediately stop donations and the erosion of public confidence towards it.

In a statement, Aman Palestin Berhad’s lawyer Muhammad Rafique Rashid Ali said his client was leaving it to the courts to clear its name from alleged false accusations regarding the misappropriation of RM70 million of donations, stating that those allegations are denied.

Rafique also said two letters had been sent on November 27, 2023 and January 9 to the MACC to appeal for the lifting of the freeze on his client’s bank accounts for the purpose of sending financial aid to war victims in Palestine, but said MACC had not responded.

He also said his client is an institution known for humanitarian aid in Palestine.

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