PUTRAJAYA: The Court of Appeal was today told that Syed Saddiq Syed Abdul Rahman’s action in ordering former Angkatan Bersatu Anak Muda (Armada) assistant treasurer Rafiq Hakim Razali to ‘clear’ the RM1 million withdrawn from its account was a dishonest act.
Deputy Public Prosecutor (DPP) Datuk Wan Shaharuddin Wan Ladin said Syed Saddiq asked Rafiq Hakim, who is the 13th prosecution witness (SP13), to do so through a telephone conversation because he feared that the money would be seized by the Malaysian Anti-Corruption Commission (MACC).
He said SP13 had told the court that he received the instruction from Syed Saddiq, despite the latter, in his defence, claiming that he did not give such an instruction.
“When asked what was meant by ‘to clear’, SP13 replied, ‘Don’t keep the money in my house’ and when asked whether ’ clear’ means dispose (lupus), SP13 replied ‘Yes’,“ he said.
Today is the third day trial of the appeal by Syed Saddiq, who is the Muar Member of Parliament, against his conviction and sentence on four charges of criminal breach of trust (CBT) and money laundering related to Armada funds.
The hearing is before a three-judge panel of the Court of Appeal comprising Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah and Datuk Noorin Badaruddin.
Wan Shaharuddin said Syed Saddiq, who is the former Youth and Sports Minister, had committed the offence of abetment by instructing Rafiq Hakim to commit the crime.
He said there was evidence showing that Syed Saddiq had instructed Rafiq Hakim to withdraw the RM1 million on March 6, 2020.
As such, he said, the High Court judge had convicted and sentenced Syed Saddiq based on the law and correct evidence.
“There was no error on the part of the trial judge that led to a miscarriage of justice that required the intervention of the Court of Appeal. Therefore, we request that the conviction on the charge of abetment of criminal breach of trust not be disturbed,” he said.
Meanwhile, DPP Farah Ezlin Yusop Khan, who is also appearing for the prosecution, said there was no withdrawal of the money collected by Armada for use in Syed Saddiq’s campaign in the 14th General Election (GE14).
“Instead, Syed Saddiq changed his mind by transferring the RM100,000 into his Amanah Saham Bumiputera (ASB) account after GE14,“ she said, adding that Syed Saddiq did issue a receipt for expenses incurred for GE14, but that did not mean the money came from his own funds.
She said there was no evidence to show that the source of the money used in the campaign came from Syed Saddiq’s personal funds and needed to be repaid.
Syed Saddiq’s defence regarding the reimbursement was just an afterthought, she added.
After hearing arguments from both parties, Judge Ahmad Zaidi set April 24 for case management to set a date for the verdict.
On Nov 9, 2023, the Kuala Lumpur High Court sentenced Syed Saddiq, 32, to seven years imprisonment, two strokes of the cane, and an RM10 million fine after finding him guilty on four charges of abetting CBT, misusing property, and money laundering involving Armada’s funds.
He was convicted of abetting former Armada assistant treasurer Rafiq Hakim Razali, who had been entrusted with RM1 million of party funds, in committing CBT by misappropriating the money at CIMB Bank Berhad, Menara CIMB KL Sentral, Jalan Sentral 2, on March 6, 2020.
The former Youth and Sports Minister was also found guilty of misusing RM120,000 from an Armada Bumi Bersatu Enterprise account with Maybank Islamic Berhad by directing Rafiq Hakim to dispose of the funds at Malayan Banking Berhad, Jalan Pandan 3/6A, Taman Pandan Jaya, between April 8 and April 21, 2018.
Additionally, the former Armada Chief was convicted on two counts of money laundering, involving the transfer of RM50,000 each from his Maybank Islamic Berhad account into his Amanah Saham Bumiputera account, believed to be illegal proceeds, at a bank in Jalan Persisiran Perling, Taman Perling, Johor Bahru, on June 16 and 19, 2018.
