KUALA LUMPUR: A senior lawyer was reminded by the High Court today to refrain from making a "political speech" while arguing his case.
High Court Judge Datuk Ahmad Kamal Md Shahid said this to lawyer Rosli Dahlan who appeared for Parti Pribumi Bersatu Malaysia (Bersatu) in its application to challenge the Malaysian Anti-Corruption Commission's (MACC) decision to freeze its bank accounts for investigation purposes.
Rosli in his submissions argued that the investigation and account freezing by the graft buster against his client was an effort by the current government to destroy the opposition party.
He said MACC's chief commissioner Tan Sri Azam Baki was a "problematic" person as he was previously involved in an allegation about him purchasing stock market shares in 2015.
"You cannot kill the opposition or else democracy will die.
"It (the decision to freeze the account) was done in bad faith and this court should inquire into the agency's decision-making process," he said.
Rosli's submission prompted the court to remind him not make any political speech and stick to his submissions.
Meanwhile, Senior Federal Counsel Shamsul Bolhassan who appeared for the government said MACC had lifted the travel ban against Bersatu president Tan Sri Muhyiddin Yassin last month.
He said the former prime minister was charged at the Sessions Court last month and the court had ordered him to surrender his passport until disposal of the case.
"He (Muyhiddin) can apply to court to temporarily release his passport if he wishes to travel abroad.
"Thus, his application (to revoke the travel ban) has now become academic," he said.
The court set May 17 for decision.
On March 9, Bersatu filed a judicial review application and named Azam and 19 others as the first to 20th respondents.
They claimed that the decision to freeze its bank accounts was done in bad faith.
They also claimed that the commission had abused its powers by conducting selective political prosecution against the leadership of Bersatu, Perikatan Nasional (PN) or Muhyiddin.
They also sought a declaration from the court against the MACC, that the commission should not follow the directives of the leaders of the ruling party who are in the government or follow the directives of the prime minister and/or deputy prime minister by enlisting MACC officers to initiate investigation against Bersatu, causing the issuance of an alleged wrongful freezing order.
According to the court document, the Bersatu president was also seeking an interim order that allows him to move freely and make all trips abroad without restrictions.
According to the application, immigration had recently imposed a travel ban on Muhyiddin "illegally and without any reasonable grounds" and without being served with any formal notice.
It claimed the travel ban was imposed because Prime Minister Datuk Seri Anwar Ibrahim was worried that Muhyiddin would appear at an international forum talking about political changes that would touch on developments in Malaysia.
The applicant (Muhyiddin) claimed that there was an effort to accuse or link him or Bersatu with corruption and abuse of power.
Bersatu is seeking an order of certiorari to quash the freeze orders issued to the party under Section 44(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 to its bank accounts and to revoke it according to the court document.
The Bersatu leader also wants the MACC to unfreeze a sum of RM4.354 million for the expenses, operations and management of the party, and a mandamus order for the MACC officers to abide by the purpose and spirit of the law in investigative procedures and processes of MACC in a fair and just manner.