31 in bid to challenge MACC compound notices fail to get leave to appeal

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 originated from 1Malaysia Development Bhd (1MDB).

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

The High Court, on Feb 27, 2020, disallowed the individuals' applications to obtain leave to commence a judicial review to challenge the compound notices and the Court of Appeal also rejected their appeals on Oct 15, last year.

The 31 individuals were representing UMNO and Barisan Nasional divisions that were issued with compound notices by the MACC. They include Saarani who is representing the 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, Justice 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 for costs.

In their applications, the individuals wanted an order to declare that the compound issued by MACC on Oct 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 which can be subjected to judicial review.

However, Ahmad Hanir argued that the decision which 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 Oct 7, 2019, to accept or reject it.

-- BERNAMA