Apex court denies bid by 31 people against MACC compounds on 1MDB money

PUTRAJAYA – Thirty-one individuals, including Perak Menteri Besar Datuk Seri Saarani Mohamad, failed in their bids to challenge the compound notices issued by the Malaysian Anti-Corruption Commission (MACC) three years ago over allegations of receiving money originating from 1Malaysia Development Bhd (1MDB).

This followed a decision by the Federal Court today to dismiss the individuals’ applications for leave to pursue their appeal in the Federal Court against the lower court’s decision.

The high court, on February 27, 2020, disallowed their applications to obtain leave to commence a judicial review to challenge the compound notices and the Court of Appeal also rejected their appeals on October 15 last year.

The 31 individuals were representing Umno and Barisan Nasional divisions, which were issued with compound notices by MACC. They include Saarani, who represented Perak Umno; Umno Supreme Council member Tan Sri Shahrir Samad, and former Pulai MP Datuk Nur Jazlan Mohamed.

Federal Court judge Datuk Seri Hasnah Mohammed Hashim who sat alone on the Federal Court panel held that there were no novel issues raised for the Federal Court to decide.

Hence, Hasnah said, the application for leave to appeal did not meet the threshold requirement under Section 96 (a) of the Courts of Judicature Act 1964. 

She did not award any costs as senior federal counsel Ahmad Hanir Hambaly @Arwi representing MACC and its chief commissioner did not seek costs.

In their applications, the individuals wanted an order to declare that the compound issued by MACC on October 7, 2019, was null and void.

They also sought an order to quash the compound notice and wanted an injunction order to stop MACC from enforcing the compound or proceeding with the prosecution.

Earlier, lawyer Mohamed Shahrul Fazli Kamarulzaman representing the individuals requested the court to grant leave to appeal to decide on eight legal questions, saying that the issuance of the compound notices was an administrative decision by MACC that can be subjected to judicial review.

However, Hanir argued that the matter of the decision the individuals sought to challenge is academic as the offer to accept the compound had lapsed, adding that they were given 14 days from the issuance of the notice on October 7, 2019, to accept or reject it. – Bernama, July 7, 2022