By Danial Dzulkifly
PUTRAJAYA, March 19 — Muar MP Syed Saddiq Syed Abdul Rahman’s defence team argued before the Court of Appeal today that the High Court had failed to consider all evidence in the case against him.
It said the ruling was a miscarriage of justice.
Presenting their case before the appellate bench, Syed Saddiq’s lawyers contended that his conviction should be set aside, asserting that the prosecution did not establish key elements of misappropriation in the charges against him.
Earlier, lead defence counsel Datuk Mohd Yusof Zainal Abiden argued that the withdrawal of RM1 million from Bersatu’s youth wing, Armada, did not automatically constitute misappropriation, as alleged by the prosecution.
“Withdrawal falls short of disposal or misappropriation. In either situation, there must be usage that demonstrates an intention to misappropriate, convert, or dispose of the funds,” he told the three-member appellate bench.
Yusof said the prosecution had not proven ownership of the funds beyond a reasonable doubt, an essential element in establishing criminal misappropriation.
“Even at face value, the prosecution’s case does not prove anything because it lacks the foundation that the money was misappropriated. For misappropriation to occur, the money must belong to someone else,” he said, adding that the charge itself did not specify the rightful owner of the funds.
Syed Saddiq was convicted by the High Court in October last year of abetting in criminal breach of trust for withdrawing RM1 million from Armada’s bank account in March 2020.
He was also found guilty of misusing RM120,000 in party donations for personal use and sentenced to seven years in prison, a RM10 million fine, and two strokes of the cane.
During today’s proceedings, Yusof said the mere withdrawal of funds did not equate to misappropriation unless accompanied by proof that the money was used for unauthorised purposes.
He argued that the funds had been used for Covid-19 relief efforts, Hari Raya aid, and other assistance programmes.
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A Court of Appeal chamber in the Palace of Justice, Putrajaya. — Picture by BERNAMA[/caption]
Later, co-counsel Datuk Hisyam Teh Poh Teik contended that High Court judge Datuk Azhar Abdul Hamid had erred in his judgment by failing to consider all the evidence adduced in court.
Hisyam argued that former Armada assistant treasurer Rafiq Hakim Razali had given his statement to the Malaysian Anti-Corruption Commission (MACC) under duress and provided tailored evidence to appease investigators.
“He expressly admitted he was broken down by the MACC during the remand period,” Hisyam told the court.
Hisyam also argued there was no dishonest misappropriation or conversion, as the RM120,000 in question belonged to Syed Saddiq, having been raised for his benefit, not owned by Armada, Bersatu, or Armada Bumi Bersatu Enterprise (ABBE).
One of the four charges Syed Saddiq faces is the alleged misuse of RM120,000 in party contributions belonging to ABBE in April 2018.
ABBE is a company set up to generate income for Armada through merchandise sales. The sum was transferred to Syed Saddiq’s personal Maybank account.
Hisyam asserted the RM120,000 was Syed Saddiq’s personal money: a reimbursement of funds he had spent on his campaign in Muar during the 14th general election in 2018.
The money was originally raised during two separate fundraising events in Muar and Ampang.
Earlier, Syed Saddiq, former Muda president, arrived at court accompanied by some 30 supporters, including Muda members and his family.
Among those present were Muda acting president and Puteri Wangsa assemblyman Amira Aisya Abd Aziz, Muda secretary-general Amir Hariri Abd Hadi, and actress and singer Bella Astillah.
During a brief press conference today, when asked about Bella’s presence, Syed Saddiq expressed gratitude for her support.
“I am grateful to Bella Astillah. She is an extraordinary woman, and I am indebted to her,” he said.
The three-member Court of Appeal panel, led by Datuk Ahmad Zaidi Ibrahim and comprising Datuk Azman Abdullah and Datuk Noorin Badaruddin, adjourned today’s proceedings, with the hearing set to resume tomorrow at 10.30am.
