Political mileage behind Syed Saddiq's actions: Prosecution

Summary

• Deputy public prosecutor Wan Shaharuddin Wan Ladin says then Bersatu Youth chief Syed Saddiq Syed Abdul Rahman ordered the withdrawal of RM1 million from the youth wing's bank account due to political mileage.

• The DPP submits that the Muar MP ordered Bersatu Youth's former assistant treasurer Rafiq Hakim Razali to withdraw the money due to fears over change of leadership in Bersatu Youth following the Sheraton Move in early 2020.

• Syed Saddiq is appealing to set aside his conviction over a RM1.12 million misappropriation case as well as sentence of seven years imprisonment, RM10 million fine, and two rotan strokes.

Former Bersatu Youth chief Syed Saddiq Syed Abdul Rahman was driven by political mileage in early 2020 to give the order for RM1 million to be withdrawn from the political party's bank account, the prosecution told the Court of Appeal.

Deputy public prosecutor Wan Shaharuddin Wan Ladin today submitted that the Muar MP was driven by concerns over leadership upheaval caused by the Sheraton Move that year, which caused the downfall of the Pakatan Harapan administration and the emergence of the Perikatan Nasional government.

In rebutting Syed Saddiq's appeal to set aside his conviction as well as sentencing in a misappropriation case involving RM1.12 million of Bersatu Youth's funds, the DPP pointed out that Bersatu Youth's former assistant treasurer Rafiq Hakim Razali testified being ordered by the appellant to withdraw the RM1 million.

Wan Shaharuddin brought the appellate court's attention to 13th prosecution witness Rafiq's trial testimony, whereby the witness said Syed Saddiq informed the witness that the money needed to be withdrawn due to “worries over a change of Bersatu Youth leadership.”

The DPP noted a key prosecution witness testimony on Syed Saddiq saying that the money in the Bersatu Youth account was the result of the appellant's “titik peluh” (sweat) in looking for a contribution and that the appellant had the right to use the money.

"This episode was supported by the testimony of 11th prosecution witness (then Bersatu Youth assistant secretary Ahmad Redzuan Mohamed Shafi) regarding the directive issued by the appellant.

"The 11th prosecution witness told the court during re-examination that the money was withdrawn for political mileage.

"This testimony is consistent with the testimony of the 13th prosecution witness that the order to withdraw the RM1 million was for the appellant's political mileage," Wan Shaharuddin told the appellate bench chaired by judge 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.

The conviction and sentencing against Syed Saddiq was not only over the CBT and property misappropriation charges but also for two related money laundering charges.

Lying claim not backed by evidence

Wan Shaharuddin told the appellate bench - also comprising judges Azman Abdullah and Noorin Badaruddin - that the defence claim that both the 11th and 13th prosecution witnesses were lying in court was not backed by any evidence.

The DPP was taking aim at the defence team's contention that the two key prosecution witnesses were driven to give false testimony against Syed Saddiq after being pressured by MACC following remand.

"It must be remembered that (claiming the witnesses) lied was not enough. Their reason for lying is important.

"Until now, they (Syed Saddiq's defence team) are just speculating that the 11th and 13th prosecution witnesses were broken down (during MACC remand) and driven to fabricate testimony.

"What is before this (appellate) court is just speculation," Wan Shaharuddin said regarding the allegation that the two witnesses were committing perjury during the trial.

Appeal proceedings resume on April 17.

Towards the end of proceedings this afternoon, Wan Shaharuddin told the panel that he had to present his oral submissions slowly as he was losing his voice.

Syed Saddiq's defence counsel Yusof Zainal Abiden told the court that they had no objection to the hearing being continued on April 17.

Wrapping up

The DPP is expected to wrap up his oral submissions on that date, with the appellant's defence team expected to present their reply oral submissions on that day.

During the Ramadan month, court hearings usually end earlier in the afternoon to allow Muslims to go back home to break their fast at the time of Maghrib prayer.

When met by the media after proceedings this afternoon, Syed Saddiq said he was frustrated that his appeal hearing was not able to be wrapped up by today, but explained that he accepted it regardless.

"It is a lie if I say I am not affected or not disappointed.

"I have been investigated and charged for the past five years, but never once have I stopped the process from continuing.

“I really wish that these last two days would be the end to this journey,” he said, vowing to continue to clear his name in court.

Syed Saddiq’s punishment

On Nov 9, 2023, the Kuala Lumpur High Court convicted Syed Saddiq over the four charges 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.

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

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