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The Federal Court dismisses applications by 31 individuals to challenge compound notices issued by the Malaysian Anti-Corruption Commission three years ago over allegations of receiving money originating from 1Malaysia Development Bhd. – AFP pic, July 7, 2022.

THIRTY-ONE individuals, including Perak Menteri Besar 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.

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 February 27, 2020, rejected the individuals’ applications to obtain leave to commence a judicial review to challenge the compound notices. The Court of Appeal also rejected their appeals on October 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 Shahrir Samad and former Pulai MP Nur Jazlan Mohamed.

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

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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 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, who represented the individuals, requested the court to grant leave to appeal over eight legal questions, saying the issuance of the compound notices was an administrative decision by MACC, which can be subjected to judicial review.

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


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