Key witness testified against Syed Saddiq to please MACC: Lawyer

Summary

• The lawyer of ex-Bersatu Youth chief Syed Saddiq Syed Abdul Rahman told the court that ex-Bersatu Youth assistant treasurer Rafiq Hakim Razali testified against his client after facing pressure under remand and to please the MACC.

• Syed Saddiq is appealing to set aside his conviction in a case involving RM1.12 million of Bersatu Youth’s funds, which includes seven years imprisonment, a RM10 million fine, and two rotan strokes.

The Court of Appeal heard today that a key prosecution witness was allegedly under pressure to testify against Muar MP Syed Saddiq Syed Abdul Rahman to please the MACC.

Syed Saddiq’s defence counsel, Hisyam Teh Poh Teik, submitted this in an appeal to set aside the guilty verdict and sentencing in a case involving RM1.12 million of Bersatu Youth’s funds.

Hisyam pointed out that former Bersatu Youth assistant treasurer Rafiq Hakim Razali was not a credible 13th prosecution witness (SP13) as he was allegedly under severe pressure and stress while being investigated under a six-day remand by the MACC.

The veteran legal practitioner contended that it could be strongly inferred that Rafiq testified against Syed Saddiq (above), who is a former Bersatu Youth chief, to please the MACC.

Hisyam said that while being cross-examined by the defence team during the Kuala Lumpur High Court trial, Rafiq agreed with the defence team that he was broken down by MACC until the anti-graft agency got what it wanted.

“There is clear evidence that SP13 was broken down (during remand under MACC) and appeased MACC by giving MACC what they wanted (by testifying against Syed Saddiq),” Hisyam told the three-person appellate panel chaired by Ahmad Zaidi Ibrahim.

Rafiq was the key witness for two of the four charges against Syed Saddiq, namely the criminal breach of trust (CBT) charge involving RM1 million, and the property misappropriation charge involving RM120,000.

Singer and actress Bella Astillah was among Syed Saddiq’s supporters seen at the Palace of Justice in Putrajaya today.

Syed Saddiq didn’t order RM1m withdrawal: Lawyer

Meanwhile, during today’s appeal hearing, Hisyam argued that the trial court failed to consider the defence’s evidence that Syed Saddiq did not order Rafiq to withdraw the RM1 million from Bersatu Youth’s bank account.

The defence counsel contended that a group of then Bersatu Youth leaders (G5) had met in March 2020 and discussed the need to withdraw money from the youth wing’s bank account for Covid-19 pandemic assistance and welfare for Ramadan month and Hari Raya 2020 before the Movement Control Order (MCO).

Hisyam pointed out Syed Saddiq’s testimony during the trial that during the accused’s five years in Bersatu’s supreme council, the said council was never called upon to approve funds exceeding RM500,000, thus the appellant had no reason to believe that such approval was a prerequisite.

The lawyer said Syed Saddiq testified that there was no requirement to prepare any working paper for any amount exceeding RM500,000 to be approved by the Bersatu Youth exco.

“In short, the appellant did not abet SP13 in the commission of the (CBT) offence,” Hisyam said, adding that the appellant even called a defence witness, former Bersatu Youth information chief Ulya Aqamah Husamudin, who confirmed this version of events.

Concerning the alleged misappropriation of RM120,000, Hisyam countered no such offence took place as the money belonged to Syed Saddiq.

The lawyer said the money was not Bersatu’s funds as it was raised for his campaigning during the 14th general election (GE14) in 2018.

The defence team also contended that since the main predicate charges of CBT and misappropriation could not be sustained, thus the remaining two charges of money laundering also would fall.

The appeal hearing before the bench - also comprised of judges Azman Abdullah and Noorin Badaruddin - resumes tomorrow.

Syed Saddiq’s punishment

On Nov 9, 2023, the High Court convicted Syed Saddiq over the four charges - which included two money laundering counts - and sentenced the former Muda president to seven years in jail, a RM10 million fine, and two rotan strokes.

However, there is a stay on execution of the sentencing pending disposal of the former youth and sports minister’s appeal before the Court of Appeal.

In a written grounds of judgment, trial judge Azhar Abdul Hamid said the punishment was justified as the criminal court took judicial notice of the constant recurring incidents of CBT and misappropriation.

The judge ruled that young people looked up to the Muar MP, who should have served as a good example.

Syed Saddiq’s charges

Syed Saddiq was charged with abetting Rafiq, who was entrusted with RM1 million of Bersatu Youth funds, to commit CBT with the money.

The offence was purportedly committed at CIMB Bank Berhad, Menara CIMB KL Sentral, Jalan Stesen Sentral 2, on March 6, 2020.

The charge was framed under Section 406 of the Penal Code, which carries a maximum penalty of up to 10 years’ imprisonment, whipping, and a fine.

On the second charge, Syed Saddiq was accused of misappropriating RM120,000 from Armada Bumi Bersatu Enterprise’s Maybank Islamic Berhad account by making Rafiq dispose of the funds.

Syed Saddiq was alleged to have committed the offence at Malayan Banking Bhd, Jalan Pandan 3/6A, Taman Pandan Jaya - between April 8 and 21, 2018.

The charge was framed under Section 403 of the Penal Code, which is punishable with a maximum of five years imprisonment, caning and a fine.

Syed Saddiq also faced two counts of money laundering, via transactions of RM50,000 each, alleged to be proceeds from unlawful activities, from his Maybank Islamic Berhad account into his Amanah Saham Bumiputera account in a bank at Jalan Persisiran Perling, Taman Perling, Johor Bahru, on June 16 and 19, 2018.

The charges were framed under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001, which is punishable by up to 15 years in jail, and a fine of not less than five times the sum or value of the proceeds of an unlawful activity.

The prosecution, led by deputy public prosecutor Wan Shaharuddin Wan Ladin, is set to present rebuttal submissions tomorrow.

Syed Saddiq lists 18 reasons why he should be freed in graft case

March hearing for Syed Saddiq's CBT appeal

7 years' jail, rotan against 'public figure' Syed Saddiq justified, rules judge

Syed Saddiq gets temporary passport release for S'pore, Taiwan trip