MACC’s Freeze Action Against BERSATU Defective And Illegal

1. On 10.1.2023, using AMLA powers, MACC froze all of BERSATU’s Bank accounts on the basis that those accounts are the subject of investigation. That suggest BERSATU is under investigation and will face prosecution. BERSATU asked for its accounts to be unfrozen but MACC flatly refused.

2. Two moths later on 10.3.23, TSMY was made to face charges as PM and as President of Bersatu for alleged abuse of power. TSMY was also made to face 3 AMLA charges. TSMY and Bersatu are 2 separate parties or entities.

3. The financial powers over BERSATU’s banking accounts are vested with the party’s treasurer not the President. The powers over the affairs of the party is vested in the Supreme Council of BERSATU not just the President alone. However, only TSMY has been charged. No other office bearers have been charged for this alleged offence. To date, BERSATU has not been charged for any offence.

4. According to s. 44(5) AMLA, MACC cannot freeze or proceed to seize BERSATU’s assets as BERSATU and TSMY are 2 different separate persons in law. This is what the section says:

S.44(5) – An order made under subsection (1) shall cease to have effect after ninety days from the date of the order, if the person against whom the order was made has not been charged with an offence under this Act or a terrorism financing offence, as the case may be.

5. On 14.4.23, BERSATU’s lawyers wrote to MACC of their illegal act of continuing to freeze BERSATU’s bank accounts when BERSATU has clearly not been charged for any offence. MACC has not been able to reply because MACC is clearly shown to have abused there powers and the AMLA law. See the letter below.

6. Clearly MACC is trying to cripple BERSATU which is facing 6 PRN soon in order to give PH an undue advantage. This is illegal and undemocratic.