KUALA LUMPUR – Embattled non-governmental organisation (NGO) Aman Palestin Bhd has filed a judicial review application against the Malaysian Anti-Corruption Commission (MACC), the Malaysian government, and other individuals over an ongoing probe into its finances.
According to a copy of the application filed at the high court here today, Aman Palestin listed several individuals as respondents, including MACC chief commissioner Tan Sri Azam Baki, Investigation Division senior director Datuk Seri Hishamuddin Hashim, and Anti-Money Laundering Division director Datuk Mohamad Zamri Zainul Abidin.
Two MACC officers, Mohd Afiq Mohammed Hassan and Muhammad Zuhdi Mohd Yusoff, are also named as respondents in Aman Palestin’s bid to secure a declaration that the freezing of its bank accounts last year was unlawful.
Aman Palestin, which previously claimed to channel funds to citizens in war-torn Palestine, is seeking a certiorari order (a court process to seek judicial review of a decision of a lower court or government agency) to cancel the freeze order on 11 of its bank accounts.
The NGO also wants a mandamus order (an order from a court ordering a government official to properly fulfil their official duties or correct an abuse of discretion) against the MACC and its named personnel to reverse the freeze order.
A separate mandamus order sought by the organisation details its demand for RM11.026 million to be immediately unfrozen for the purpose of its daily expenses, employee salaries, as well as administration and operational costs for its humanitarian missions over three months.
Besides that, Aman Palestine is also submitting a declaration that it has a right to continue collecting funds from the public and channel the monies to victims of the war on Gaza “without being wrongfully and illegitimately threatened” by the anti-graft agency.
It is also seeking compensation under Section 44(6) of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act (AMLATFPUA) 2001 for the respondents’ “bad intentioned” freezing order against its accounts.
Aman Palestine further claimed that the freezing order was “illegal, unreasonable, and irrational,” as well as an abuse of legal processes and power by the respondents.
As a result of the actions and “wrongful decisions” by MACC and/or its officers, Aman Palestin said that it has suffered as the public’s trust and confidence in the NGO have deteriorated.
In November last year, it was reported that MACC had frozen 41 Aman Palestin-linked bank accounts amounting to RM15.86 million as part of its probe into alleged irregularities in the NGO’s fundraising activities.
The freezing order had ruffled the feathers of Aman Palestin leaders, who threatened to take the anti-graft agency to court for its “malicious” attempts to tarnish the NGO’s reputation.
The graft busters also conducted a search at the organisation’s premises, obtaining financial and operational management documents spanning the past five years.
Initial investigations have identified issues involving the misappropriation of funds estimated at RM70 million, with the funds having supposedly been diverted for purposes other than the objectives of the establishment of the company. – January 31, 2024