PUTRAJAYA, Dec 11 — The Federal Court was told today that Muar MP Syed Saddiq Syed Abdul Rahman was the “mastermind” in the criminal breach of trust (CBT) case involving Bersatu Youth funds.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin argued this on the basis that Syed Saddiq (respondent) allegedly instructed then Bersatu Youth assistant treasurer Rafiq Hakim Razali, who is the 13th prosecution witness (SP13), to withdraw RM1 million belonging to the youth wing.
“SP13 stated in his testimony that he would not have withdrawn the RM1 million if he had not received instruction from the respondent,” he said during the hearing of the prosecution’s appeal against the Muar MP’s acquittal on charges of abetment in committing CBT, misappropriation of property, and money laundering involving Bersatu Youth funds.
Wan Shaharuddin said Rafiq Hakim’s statement was corroborated by the testimonies of other witnesses — SP8 Muhammad Naqib Ab Rahim (then Bersatu Youth member), SP9 Muhammad Daniel Kusari (Federal Territory Bersatu Youth information chief), SP10 Abdul Hannan Khairy (Bersatu Youth member) and SP11 Ahmad Redzuan Mohamed Shafi (Bersatu Youth assistant secretary).
“SP13, SP11 and SP10 told the trial judge that their actions were based on instructions from the respondent, and that their conduct stemmed from the same directives,” he said, adding that Syed Saddiq was the “mastermind” behind SP13’s CBT.
According to Wan Shaharuddin, in offences involving abetment, the prosecution has the discretion not to charge SP13 and to instead charge only the respondent, as there is no legal barrier preventing the prosecution from proceeding solely against the abetter without charging the “principal offender”.
He argued that the Court of Appeal was aware the respondent had instructed SP13 to withdraw the RM1 million belonging to Bersatu Youth, but had refused to consider the reasons behind that instruction.
“The Court of Appeal also failed to consider evidence showing that the respondent had instructed SP13 to ‘clear’ the same RM1 million when the Malaysian Anti-Corruption Commission (MACC) searched the respondent’s house on March 3, 2020,” he said.
Wan Shaharuddin submitted that the Court of Appeal should have taken into account the testimonies of SP10, SP11 and SP13, all of whom stated they had no ulterior motive to implicate Syed Saddiq.
“These prosecution witnesses are Syed Saddiq’s friends and have no reason to ‘spice up’ their testimonies. If one wishes to suggest that their statements were orchestrated, there must be evidence of a dispute.
“During cross-examination, Syed Saddiq himself confirmed that his relationship with the witnesses was good.
“Even before the trial began at the High Court, SP13 went to meet Syed Saddiq to show off his baju Melayu… Our case relies heavily on circumstantial evidence and in the current situation, we have no advantage when the Court of Appeal has rejected much of the evidence that is very relevant to the case against the respondent,” he said.
Meanwhile, deputy public prosecutor Datuk Ahmad Akram Gharib said the Court of Appeal committed fundamental errors in overturning Syed Saddiq’s convictions for dishonest misappropriation and money laundering, involving RM120,000 raised through his political fundraising events.
He said the appellate court’s approach had “distorted the law” and, if left uncorrected, would have serious implications on public trust and the governance of political campaign finances.
“The funds were entrusted property. As an office-bearer, Syed Saddiq owed a fiduciary duty over them,” he said, adding that the Court of Appeal erred in concluding that the funds “belonged” to Syed Saddiq because they were raised for his election campaign.
He cautioned that the Court of Appeal’s interpretation, if upheld, would “effectively render the offence of dishonest misappropriation nugatory”, allowing political figures to reroute campaign donations into personal accounts and later claim legitimate use.
The proceedings continue tomorrow before a panel of three Federal Court judges, led by Court of Appeal president Datuk Abu Bakar Jais, sitting with Datuk Che Mohd Ruzima Razali and Datuk Collin Lawrence Sequerah.
Also prosecuting in the case are deputy public prosecutors Farah Ezlin Yusop Khan, Law Chin How, Nurul Qistini Qamarul Abrar, Muhammad Asraf Mohamed Tahir and Wan Nur Iman Wan Ahmad Afzal.
In today’s proceedings, Syed Saddiq was represented by lawyers Datuk Hisyam Teh Poh Teik, Datuk Ambiga Sreenevasan, Kee Wei Lon, S. Devanandan, Low Wei Loke, Lim Wei Jiet, Siti Summaiyah Ahmad Jaafar, Mohammed Khairuzzaman Mohammed Ridha, Ee Gen You, and Nevyn Vinosh Venudran.
On June 25, a three-judge panel of the Court of Appeal consisting of judges Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah and Datuk Noorin Badaruddin acquitted and discharged Syed Saddiq after allowing his appeal to set aside his conviction and sentence of seven years’ imprisonment, two strokes of the cane and a RM10 million fine imposed by the High Court on November 9, 2023.
A day after the acquittal, the Attorney-General’s Chambers filed an appeal in the Federal Court.
Syed Saddiq was charged with abetting Rafiq Hakim to commit CBT against Bersatu Youth funds amounting to RM1 million at CIMB Bank Bhd, KL Sentral, on March 6, 2020, under Section 406 of the Penal Code, which carries a maximum sentence of 10 years’ imprisonment, caning and a fine.
He was also charged with misusing RM120,000 belonging to Bersatu Youth Bumi Bersatu Enterprise under Section 403 of the Penal Code, which provides imprisonment of between six months and five years, whipping, and a fine, upon conviction.
The former youth and sports minister was also charged with two counts of money laundering involving transfers of RM50,000 each into his Amanah Saham Bumiputera account.
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 carries a maximum jail term of 15 years and a fine of up to five times the amount involved, upon conviction.
