Prosecution Files Petition To Appeal Syed Saddiq's Acquittal In Armada Funds Case

KUALA LUMPUR, Sept 22 (Bernama) -- The prosecution today filed a petition of appeal at the Federal Court against the Court of Appeal’s decision to acquit and discharge Muar member of parliament Syed Saddiq Syed Abdul Rahman of four charges related to Angkatan Bersatu Anak Muda (ARMADA) funds.

Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin said the appeal was filed on the grounds that the three-judge panel had erred in law and fact when allowing Syed Saddiq’s appeal in its ruling on June 25.

The panel, consisting of Judges Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah and Datuk Noorin Badaruddin, had earlier set aside the seven-year prison sentence, two strokes of the cane, and RM10 million fine imposed by the Kuala Lumpur High Court on Nov 9, 2023.

According to the prosecution, acting as the appellant, the Court of Appeal erred in ruling that the RM120,000 transferred to Syed Saddiq’s personal account was rightfully his, when justification for the transaction ought to have been provided.

The prosecution further contended that the judges erred in making unfounded allegations that the prosecution and the Malaysian Anti-Corruption Commission (MACC) had exerted pressure on the 13th prosecution witness (PW13), Rafiq Hakim Razali, to provide testimony that would appease the Commission and tailor his evidence to suit the prosecution’s case, despite a lack of evidence to support such claims.

The prosecution also argued that the Court of Appeal erred in its decision to exclude all evidence unfavourable to the respondent (Syed Saddiq) before the withdrawal of ARMADA’s RM1 million funds by PW13 on March 6,  2020, despite such evidence being highly relevant in establishing elements of dishonest intent and bad faith. 

“Their Lordships of the Court of Appeal erred in law and fact in ruling that the appellant failed to establish a prima facie case on the charge of criminal breach of trust, despite the appellant having adduced credible evidence sufficient to prove every element of the offence,” the prosecution submitted.

The prosecution also emphasised that the money laundering charge under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Act 613) is an independent offence that does not require proof of a predicate offence, and that Syed Saddiq’s defence amounted to nothing more than a bare denial.

Accordingly, the prosecution has petitioned the Federal Court to set aside the decision of the Court of Appeal and to restore the conviction and sentence imposed by the High Court, or to make any other order deemed fit and just in the circumstances.

Syed Saddiq, 32, was initially charged with abetting Rafiq Hakim Razali, Armada’s former assistant treasurer, in committing criminal breach of trust involving RM1 million of Armada funds at CIMB Bank Berhad, KL Sentral, on March 6, 2020, an offence under Section 406 of the Penal Code, which carries a maximum penalty of 10 years’ imprisonment, caning, and a fine upon conviction.

He also faced an additional charge of misappropriating RM120,000 belonging to Armada Bumi Bersatu Enterprise under Section 403 of the Penal Code, which provides for imprisonment of six months to five years, caning, and a fine, upon conviction.

The former Youth and Sports Minister was further charged with two counts of money laundering involving transfers of RM50,000 each into his Amanah Saham Bumiputera account, offences under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which carry a maximum imprisonment of 15 years and a fine of not less than five times the value of the proceeds involved, upon conviction.

-- BERNAMA