Former Kuala Lumpur City Hall executive director (project management) Syed Afendy Ali Syed Abid Ali was today sentenced to eight months in prison and fined RM80,000 by the Sessions Court in Kuala Lumpur after he was found guilty on eight counts of abuse of power in the acquisition of eight condominium units, totalling almost RM2 million.
Judge Allaudeen Ismail handed down the sentence after finding that the defence failed to prove reasonable doubt against Syed Afendy Ali, 56.
The court sentenced him to eight months’ jail and a fine of RM10,000, in default of a year's jail, for each charge and ordered the sentence to run concurrently effective today.
However, Allaudeen allowed the application of defence counsel Hamidi Mohd Noh to postpone the imprisonment and fine pending appeal in the High Court.
The court also retained the RM1 million bail with one surety against Syed Affendy Ali, and instructed him to hand over his passport to the court until the appeal was concluded.
The then DBKL economic planning and development coordination department (JPEPP) director was charged with abusing his power to acquire eight condominium units in Bandar Sri Permaisuri.
The assets, worth RM249,990 each from Danau Lumayan Sdn Bhd were for four individuals, namely Minah Abdullah, 75; Mazwan Amin Mohd Noor, 46; Syed Ashraf Ali Syed Afendy Ali; 30, and Rodziah Abd Samad, 56.
The man was charged with committing the offences at the JPEPP director's office in Kuala Lumpur between Sept 6, 2013 and Oct 16, 2014 under Section 165 of the Penal Code, which carries a maximum jail term of two years or fine or both, upon conviction.
However, the court acquitted Syed Afendy Ali, who was then serving as deputy treasurer at the DBKL's Finance Department, from using his position to acquire a three-storey shop office unit at Danau Lumayan Avenue, Bandar Tun Razak from Danau Lumayan Sdn Bhd.
The shop office unit, which was worth RM930,000, was acquired for Rodziah.
The charge came under Section 165 of the Code.
Syed Afendy Ali was also acquitted of nine counts under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Act 613) involving a total of RM1.5 million.
In mitigation, Syed Afendy Ali requested not to be imprisoned and to be given a minimum fine as he could not afford to pay it.
“Since I got arrested, my life was hard and I lost everything. I lost my friends and (in fact,) only my wife and children came to the court today. I am asking for a minimum fine because I am surrounded by debts,” he said.
Meanwhile, deputy public prosecutor Ahmad Akram Gharib of the MACC asked for a deterrent sentence as the man had used his position for personal gain.