Aman Palestin’s judicial review to unfreeze RM11 mil amid MACC probe starts tomorrow

NGO says freezing of accounts was illegal, unreasonable, irrational, and constituted an abuse of legal processes

2:56 PM MYT

 

KUALA LUMPUR – Embattled non-governmental organisation (NGO) Aman Palestin Bhd is heading to the high court tomorrow in its bid for a judicial review to unfreeze millions in funds stashed in its accounts.

In a notice issued on January 31, the high court’s deputy registrar said the application for the review will be heard before judge Datuk Amarjeet Singh Serjit Singh tomorrow morning. 

On January 31, Aman Palestin 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. 

In a submission to the high court on January 31, Aman Palestin identified several individuals, 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, as respondents.

Additionally, two MACC officers, Mohd Afiq Mohammed Hassan and Muhammad Zuhdi Mohd Yusoff, were named in Aman Palestin’s attempt to declare last year’s freezing of its bank accounts as unlawful.

Aman Palestin, known for its efforts to raise and direct funds to citizens in war-torn and occupied Palestine, is now pursuing a certiorari order to annul the freeze on 11 of its bank accounts. 

The NGO is also seeking a mandamus order against the MACC and the mentioned personnel to reverse the freeze order. 

In a separate request, the organisation demands an immediate unfreezing of RM11.026 million for daily expenses, employee salaries, and administration and operational costs for humanitarian missions over three months.

Furthermore, Aman Palestin is submitting a declaration asserting its right to continue collecting funds from the public and distributing them to Gaza war victims without unwarranted threats from the anti-graft agency. 

Seeking compensation under Section 44(6) of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act (AMLATFPUA) 2001, Aman Palestin alleges “bad intentioned” actions by the respondents in freezing its accounts. 

The organisation contends that the freezing order was illegal, unreasonable, irrational, and constituted an abuse of legal processes and power by the respondents.

Aman Palestin claims that, as a consequence of MACC and/or its officers’ actions and “wrongful decisions,” the NGO has suffered a decline in public trust and confidence. 

In November last year, the MACC reportedly froze 41 Aman Palestin-linked bank accounts totaling RM15.86 million as part of an investigation into alleged irregularities in the NGO’s fundraising activities. 

The freezing order prompted Aman Palestin leaders to threaten legal action against the anti-graft agency, accusing it of malicious attempts to tarnish the NGO’s reputation. 

Additionally, the MACC conducted a search at the organisation’s premises, obtaining financial and operational management documents spanning the past five years. 

Initial investigations pointed to issues involving the misappropriation of funds estimated at RM70 million, allegedly diverted for purposes other than the establishment’s objectives. – February 5, 2024

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