Trial judge didn’t consider
all evidence in convicting
Syed Saddiq, court told
Defence lawyers submit in appeal that the Muar MP should have been acquitted after the prosecution or defence case due to a lack of evidence.
Counsel Hisyam Teh Poh Teik said the failure to weigh the evidence of defence witnesses against the prosecution at the close of the defence case was a non-compliance of Section 182A(1) of the Criminal Procedure Code.
“There is a failure of justice when the defence submissions were not considered when the trial judge decided to convict the appellant,” he said in his submission before a three-member bench chaired by Justice Ahmad Zaidi Ibrahim.
Also on the bench hearing the appeal of the former youth and sports minister were Justices Azman Abdullah and Noorin Badaruddin.
Hisyam pointed out that a prosecution witness, former Bersatu Youth assistant treasurer Rafiq Hakim Razali, had been arrested and remanded by the Malaysian Anti-Corruption Commission for six days for investigation.
He said the witness testified that the instruction to withdraw RM1 million from a bank account came from Syed Saddiq, who was then Bersatu Youth chief.
“This witness also admitted under cross-examination by a lawyer for the appellant that he caved in to MACC pressure and gave a statement to implicate Syed Saddiq,” he added.
Hisyam said Syed Saddiq, who gave evidence under oath, denied Rafiq’s testimony.
The lawyer said another defence witness, former Bersatu Youth information chief Ulya Aqamah Husamudin, supported Syed Saddiq’s testimony that there was no such instruction to withdraw the money.
“Ulya also gave a statement to MACC which contradicted the evidence of Rafiq and (then Bersatu Youth assistant secretary) Ahmad Redzuan Shafi,” he said, adding that his client should have been acquitted after his defence was called.
Counsel Yusof Zainal Abiden, who is also appearing for Syed Saddiq, submitted that the appellant should have been acquitted after the close of the prosecution’s case.
Yusof, a former solicitor-general, said all the ingredients for abetment in criminal breach of trust (CBT) and dishonest misappropriation of RM120,000 were not proven.
He said not a single sen of the RM1 million went into Syed Saddiq’s bank accounts but was instead used to assist members during the Covid-19 pandemic as well as Ramadan and Hari Raya celebrations in 2020.
“There cannot be abetment as the money was not used for the appellant’s benefit,” he added.
Yusof also said the use of the RM120,000 could not amount to misappropriation as the money was raised in Muar and Ampang for his 2018 general election campaign.
“For all intents and purposes, the money belongs to him. Only a donor could have raised an issue but that is not the case here,” he said, adding that this charge did not disclose an offence.
Yusof added that the two money laundering charges against Syed Saddiq for transferring RM50,000 each from his Maybank Islamic Bhd account to his ASB account would collapse if the ingredients of abetment and misappropriation were not proven.
The prosecution will reply tomorrow.
On Nov 9, 2023, Syed Saddiq was found guilty of abetting in CBT amounting to RM1 million and dishonest misappropriation of RM120,000.
For the CBT charge, the court imposed a three-year jail term and ordered that Syed Saddiq receive one stroke of the rotan.
He was sentenced to two years in jail and another stroke of the cane on the misappropriation charge and an additional two-year imprisonment term for each of the money laundering offences.
The court ordered that the jail terms for CBT and dishonest misappropriation run consecutively, while those handed down for money laundering offences run concurrently.
As a result, Syed Saddiq would have to serve five years in jail. The sentence was stayed by the High Court pending the former Muda president’s appeal.
In his 22-page grounds of judgment released on Nov 28 last year, Justice Azhar Abdul Hamid said the sentences pronounced on Syed Saddiq were not excessive as the court had taken into account his status as a public figure and a role model for young people.
No comments:
Post a Comment