Decisions made during criminal investigations, such as freezing orders by MACC, are generally not subject to judicial review unless there is evidence of bad faith.

JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] The applicant, Aman Palestin Berhad, is a company whose eleven bank accounts were frozen by notices ("freezing orders") issued by an investigating officer of the Malaysian AntiCorruption Commission ("MACC"), namely the 4th respondent, under s 44(1) of the Anti-Money Laundering Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 ("Act 613").

[2] On 31 January 2024, the applicant applied for leave to commence judicial review proceedings to quash the freezing orders and an order of mandamus compelling the variation of the freezing orders under s 44A of the Act 613 so that a sum of RM11,026,215.60 is released for the applicant's daily expenses, payment of salaries, administration, operation and missions for the period of three months, and consequential relief and damages.

[3] On 21 March 2024, I refused the leave sought and dismissed the application. This judgment contains the reasons for my decision.

Background Facts

[4] The applicant had sought for and received donations from the public in the name of the Middle East humanitarian cause, in particular the Palestinian people. On 17 October 2023, the applicant's representatives ie Chief Executive Officer ("the CEO") together with other eight persons were called by MACC to give statements for the purpose of investigation into money laundering under Act 613 and the Malaysian Anti-Corruption Commission Act 2009 ("the MACC Act") in respect of the said donations. The applicant knew what the purpose of the investigation was as on 21 November 2023 called a press conference wherein the CEO denied any wrongdoings by the applicant. It was stated that the 8% of the donations received which were used for operational costs was a reasonable sum. It was also stressed that at no time were any of the monies used for personal benefit or anything done against the objectives of incorporation of the applicant.

[5] Two days later, on 23 November 2023, in a media statement, the MACC stated that early investigations and statements of witnesses revealed that there was misappropriation of funds amounting to about RM70 million which was also against the objectives of setting up the applicant company. As such, to facilitate investigations the MACC had frozen a number of bank accounts owned by the applicant and other related companies. On the same day, the MACC issued and served on the applicant a notice under s 44(1) of Act 613 freezing eleven bank accounts which were under the name of the applicant, and one account under the name of Tabung Wanita dan Kanak-Kanak Palestine.

[6] In letters dated 27 November 2023 and 9 January 2024, the applicant requested that the freezing orders be lifted or alternatively, varied under s 44A of Act 613. There was no response to these letters. As a result, the applicant filed the instant application for leave to commence judicial review proceedings to, in the main, quash the freezing orders or alternatively, to vary the freezing orders.

The Test For Leave

[7] The law is trite. The test applicable in determining the grant or otherwise leave to commence judicial review proceedings was laid down by the Federal Court in WRP Asia Pacific Sdn Bhd v. Tenaga Nasional Bhd, [2012] 4 MLJ 296. The test said that leave may be granted if the leave application is not thought of as frivolous, and if leave is granted, an arguable case in favour of granting the relief sought at the substantive hearing may be the resultant outcome. A rider was attached ie unless the matter for judicial review is amenable for judicial review absolutely no success may be envisaged. Thus, the threshold is very low unless the matter is not amenable to judicial review.

[8] Matters that are not amenable to judicial review according to decided cases, amongst others, are: (i) matters that are not justiciable; (ii) there is an alternative remedy or more appropriate remedy; or (iii) the matter is an exercise of power in criminal investigations.

[9] Cases dec