KUALA LUMPUR — The High Court has dismissed Bersatu’s judicial review application challenging the Malaysian Anti-Corruption Commission’s (MACC) decision to freeze and seize two of its bank accounts.
Judge Datuk Aliza Sulaiman, who has since been elevated to the Court of Appeal, rejected the application brought by Capt (Rtd) Datuk Muhammad Suhaimi Yahya in his capacity as a public officer of Bersatu, together with party president Tan Sri Muhyiddin Yassin.
Delivering the decision via Zoom proceedings, the court held that the applicants had failed to prove that the respondents’ actions were tainted by illegality, procedural impropriety, irrationality, mala fide, abuse of power, or breach of legitimate expectation.
No order as to costs was made.
Muhammad Suhaimi and Muhyiddin filed the application on May 29, 2023, naming the MACC, then chief commissioner Tan Sri Azam Baki, the government, and 17 others as respondents.
In her grounds, Judge Aliza noted the respondents’ position that the frozen accounts form part of the subject matter in criminal charges against Muhyiddin in his capacity as Bersatu president.
“It is a fact that, as of today, the trial against Tan Sri Muhyiddin on the criminal charges has commenced in the Special High Court for Corruption,” she said.
The court found that the freezing orders dated Jan 12 and Jan 13, 2023 were issued to prevent funds under investigation from being dissipated.
“I am satisfied that the investigations, with regard to an unlawful activity, had commenced against Tan Sri Muhyiddin in his capacity as the president of Bersatu and he has been charged for offences under the Anti-Money Laundering Act.
“The offences alleged to have been committed by Tan Sri Muhyiddin involve the bank accounts where Bersatu is the account holder. Therefore, the decision to issue the freezing orders against the bank accounts is compliant with the requirements under Section 44(1) of the AMLA Act,” she said.
On Muhyiddin’s challenge regarding a travel ban, the judge noted his argument that no freezing order applied directly to him personally and that the orders were issued against Bersatu.
She cited Section 44(4)(c) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which allows restrictions on travel where necessary.
While acknowledging that the freezing orders did not explicitly bar Muhyiddin from leaving the country, she said evidence showed the MACC had written to the Immigration Department on March 3, 2023, requesting a travel restriction.
“I accept that the MACC is allowed to do so for the purpose of ensuring that the criminal investigation process can be carried out unimpeded,” she said.
Bersatu had argued that its CIMB and AmBank accounts were seized in 2023 without a formal seizure order being served, as required under Section 50(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
The applicants further contended that the freezing orders were unlawful, null and void due to alleged unconstitutionality, illegality, procedural impropriety, irrationality, mala fide, and abuse of process and power by MACC and its officers.
They also sought a declaration that the travel ban imposed on Muhyiddin was without reasonable basis, unlawful, and in breach of Articles 5, 8, 9 and 10 of the Federal Constitution. – June 18, 2026