
Bersatu's RM195 million bank account freeze stays, court rules
Judicial Commissioner Gan Techiong made the ruling in CIMB Bank's application seeking a court declaration on whether it should maintain the freeze on the account or release the funds following conflicting instructions from the Malaysian Anti-Corruption Commission (MACC) and Bersatu's executive secretary, Datuk Muhammad Suhaimi Yahya.
The bank filed the interpleader application after receiving a letter of demand from Suhaimi seeking the release of the funds, which were deposited into the party's account by Bukhary Equity Sdn Bhd.
CIMB, as the sole plaintiff, named the MACC, the public prosecutor and Suhaimi as defendants.
Gan said the dispute could not be resolved summarily, as the issues raised were already the subject of pending judicial review proceedings and a criminal trial involving former prime minister and Bersatu president Tan Sri Muhyiddin Yassin.
"The disputes between the defendants are not suitable to be determined summarily by this court in hearing the bank's interpleader.
"They are questions of law and disputed facts forming the subject matters of the judicial review applications at the Special Powers Division of this court and the aforesaid criminal prosecution at the Sessions Court – all of which are still pending hearing and trial, respectively.
"If this court is to delve deeper, the effect would be to usurp the domain of other courts that ought to be making the final determination on a wider range of issues," he said in his ground of judgment dated April 9 this year.
He said Muhyiddin had been charged in March 2023 in his capacity as Bersatu's president over funds allegedly received by the party, which fulfilled the requirement under Section 52A of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA) to sustain the seizure order on the account.
Gan said a society like Bersatu does not have a separate legal personality, as the law allows charges to be brought against its office bearers.
The court said in this case, the president (Muhyiddin) was charged in relation to the very funds in question.
The court also rejected a late 376-page affidavit filed by Suhaimi's lawyers, saying it was inadmissible as it was filed without leave of court and at a very late stage of proceedings.
"The fact that such a lengthy affidavit was filed at the eleventh hour reinforces my view that the matter is not suitable to be summarily determined in this interpleader."
Gan then ordered CIMB to continue holding the funds until the High Court's Special Powers Division disposes of the judicial review applications filed by Muhyiddin and Suhaimi, which are still pending.
The first judicial review challenges the legality of the freezing order issued by MACC in January 2023, while the second seeks to quash the seizure order issued by the public prosecutor in April of the same year.
Leave to proceed with both reviews was granted last year, but the substantive hearings have yet to take place.
Muhyiddin is facing four charges under the MACC Act and two under AMLA involving a total of RM200 million, including RM195 million allegedly transferred into the Bersatu account held with CIMB Islamic Bank.
Lawyers Sathya Kumardas and Daud Sulaiman appeared for the bank while senior federal counsel Nurhafizza Azizan and federal counsel Mohammad Salehuddin Md Ali represented the MACC and the public prosecutor.
Bersatu was represented by lawyers Chethan Jethwani and Tang Jia Yearn.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


New Straits Times
15 minutes ago
- New Straits Times
Dr M to govt: Reveal Daim's alleged offences
KUALA LUMPUR: Former prime minister Tun Dr Mahathir Mohamad has called on the government to reveal the crimes Tun Daim Zainuddin is alleged to have committed. Dr Mahathir said this as Daim's reputation continued to be questioned even after the former finance minister's passing last November. In his statement, Dr Mahathir alluded to the probe into Daim's undeclared assets. The NST previously reported that the Malaysian Anti-Corruption Commission was looking into property and assets linked to Daim in 11 countries. Chief Commissioner Tan Sri Azam Baki said that at least RM4.5 billion in assets linked to Daim had been traced in several countries, including RM758 million in the United Kingdom. MACC is seeking to seize and forfeit assets worth more than RM3 billion. "Tun Daim is gone, he cannot defend himself," Dr Mahathir said in a statement. "Everyone knows Daim was rich before becoming a minister, and was in the process of surrendering his business interests when he was appointed a minister." Dr Mahathir said Daim only restarted doing business after he was no longer a minister. "Daim did business abroad to avoid being accused of receiving special privileges," he said, adding that Daim had not been linked to any scandal in the countries he did business in.


New Straits Times
an hour ago
- New Straits Times
Liew: PN must offer vision, not just angry noise
KUALA LUMPUR: Malaysia needs an opposition that offers solutions, not just protests, Deputy Investment, Trade and Industry Minister Liew Chin Tong said following a rally demanding Prime Minister Datuk Seri Anwar Ibrahim's resignation. He made the remarks in a Facebook post after the July 26 gathering at Dataran Merdeka, which he said reflected more anger than direction. "Their leaders must understand that being an opposition that only releases anger to manipulate emotions, especially among Malays, will take the country nowhere," he wrote. "Perikatan Nasional (PN) could be a constructive opposition if it chooses to be. This means working with the unity government through parliamentary processes to serve the people." Liew said the rally at Dataran Merdeka, led by Tan Sri Muhyiddin Yassin of Bersatu, trained its criticisms on Anwar's leadership. Despite rallying Pas's core base, it failed to draw support the wider public, he said. Liew said that PN, which holds nearly one-third of the seats in Dewan Rakyat, has the opportunity to play a meaningful role in a healthy democracy — if it chooses to move beyond populist anger. He pointed to the aftermath of the 2020 Sheraton Move as an example of responsible political conduct. Liew said in the wake of the political crisis, DAP's Anthony Loke persuaded party colleagues to work toward stability through bipartisan cooperation with Datuk Seri Ismail Sabri Yaakob's administration, leading to a memorandum of understanding that ensured continuity in government policies. In contrast, he said that PN remains divided and without clear direction. Liew said Bersatu continues to face internal leadership struggles, while Pas appears locked in a rigid ideological stance. Without a coherent vision or practical policy proposals, PN risks alienating broader segments of the electorate. "With no constructive proposals or coherent vision, PN will struggle to appeal beyond its base," he said. "Democracy in Malaysia deserves a better opposition — one that puts the country first," Liew added.


New Straits Times
2 hours ago
- New Straits Times
King appoints new Chief Justice, judges at Istana Negara
KUALA LUMPUR: His Majesty Sultan Ibrahim, King of Malaysia, today presented the instrument of appointment to the new Chief Justice, President of the Court of Appeal, Court of Appeal Judges, and High Court Judges at Istana Negara. The ceremony, held at the Singgahsana Kecil (Minor Throne Room), was also attended by Prime Minister Datuk Seri Anwar Ibrahim, Deputy Prime Ministers Datuk Seri Dr Ahmad Zahid Hamidi and Datuk Seri Fadillah Yusof, Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, and Chief Secretary to the Government Tan Sri Shamsul Azri Abu Bakar. According to a Facebook post, during the ceremony, Sultan Ibrahim presented the instrument of appointment for the position of Chief Justice to Datuk Wan Ahmad Farid Wan Salleh, who then took his oath of office and loyalty before the King. His Majesty also presented the instruments of appointment for the President of the Court of Appeal to Datuk Abu Bakar Jais, followed by the appointment of Datuk Azizah Nawawi as Chief Judge of Sabah and Sarawak. In addition, instruments of appointment as Court of Appeal Judges were awarded to Dr Shahnaz Sulaiman; Datin Paduka Evrol Mariette Felix Michael Peters; Ong Chee Kwan; Datuk Mohd Radzi Abdul Hamid; Leonard David Shim; Nadzarin Wok Nordin; Datuk Meor Hashimi Abdul Hamid and Muniandy Kannyappan. Meanwhile, instruments of appointment as High Court Judges were awarded to Maslinda @ Linda Mohd Ainal; Datuk Faridz Gohim Abdullah; Dr Choong Yeow Choy; Saiful Azian Mokhtar; Evawani Farisyta Mohamad; Indra Nehru Savandiah; Sumathi Murugiah; Moses Susayan; Kan Weng Hin; Dr Wendy Ooi Su Ghee; Mohd Rosli Yusoff; Dr Hazlina Hussain; Roszianayati Ahmad and Mohamad Haldar Abdul Aziz.