Shahrir, Ahmad Maslan, 32 individuals failed to strike out MACC compounds


The High Court here today rejected an application for judicial review by 34 individuals including former Felda chairman, Tan Sri Shahrir Abdul Samad and Pontian MP Datuk Seri Ahmad Maslan to strike out the compound notices of the Malaysian Anti-Corruption Commission (MACC) over charges of receiving funds from 1Malaysia Development Berhad (1MDB).

The decision was made by Judge Datuk Nordin Hassan in his chambers after hearing arguments by both parties on the application filed by 34 individuals as applicants against the MACC chief commissioner and MACC as respondents.

Counsel Mohamed Shahrul Fazli Kamarulzaman who represented all applicants told reporters that the court dismissed the application without order to cost.

“The judge found the action of the respondent (MACC) in issuing the compound notices was part and parcel of a criminal proceeding and as such it could not be reviewed by court,” he said.

Mohamed Shahrul Fazli said some of the 34 applicants may appeal the decision.

Senior Federal Counsel Ahmad Hanir Hambaly acted on behalf of MACC chief commissioner and MACC.

Shahrir, Ahmad Maslan and UMNO Supreme Council member Datuk Mohd Sumali Reduan as well as 31 other individuals filed the judicial review application separately in November and December last year.

In the application, all applicants sought to declare the decision and action of the two respondents in compounding them via the Offer to Compound Offence dated Oct 7 2019 as ultra vires, invalid, cancelled and could not be enforced.

The applicants also sought to cancel the decision and action of the second respondent in compounding them apart from applying for an order to prevent MACC from enforcing the compound or continue their prosecution against them.   

Also being sought was a declaration that the statement of the first respondent (MACC chief commissioner) during a media conference on the decision to issue compound notice against the three applicants was to recover 1MDB funds said to be belonging to the people as premature, wrongly conceived and abuse of the civil service.

On Oct 7 last year, MACC chief commissioner, Latheefa Koya, in a media conference said MACC had issued compound notices to 80 individuals and entities for receiving RM420 million believed to be from 1MDB.

Latheefa said nine individuals and 71 entities comprising 23 companies, 43 political organisations and five foundations received cheques involving the personal account of former prime minister Datuk Seri Najib Tun Razak.