Court sets aside fine, jail sentence against former DBKL executive director for power abuse

KUALA LUMPUR (Bernama): The High Court has set aside the guilty verdict, eight-month jail and RM80,000 fine imposed on former Kuala Lumpur City Hall (DBKL) executive director Datuk Seri Syed Afendy Ali Syed by a lower court for abusing his power to obtain eight condominium units, worth about RM2mil seven years ago.

Upon hearing the verdict, Syed Afendy Ali 58, who was in the dock, fell on his knees and bowed in gratitude, before the court.

Judge Collin Lawrence Sequerah on Thursday (Nov 27) allowed the appeal by the 58-year-old, ruling that the prosecution had failed to prove the elements of the charges against Syed Afendy Ali.

The prosecution failed to prove the element in Section 165 of the Penal Code that Syed Afendy Ali received the condominium units for the individuals referred to in the charge, he said.

"The court allows the appeal and the fine to be refunded to the appellant,” he said.

Syed Afendy Ali had appealed the sentence and fine imposed on him by the Sessions Court on March 20, 2018 after finding guilty on eight counts of abuse of power in the acquisition of eight condominium units, totalling almost RM2mil.

The then-DBKL economic planning and development coordination department director was charged with abusing his power to acquire eight condominium units in Bandar Sri Permaisuri, Bandar Tun Razak here.

The assets, worth RM249,990 each, from Danau Lumayan Sdn Bhd, were for four individuals, namely Minah Abdullah, Mazwan Amin Mohd Noor, Syed Ashraf Ali Syed Afendy Ali and Rodziah Abd Samad.

He was charged with committing the offences between Sept 6, 2013 and Oct 16, 2014 under Section 165 of the Penal Code which carries a maximum jail term of two years or fine or both, upon conviction.

Judge Allaudeen Ismail handed down the sentence after finding that the defence failed to prove reasonable doubt against Syed Afendy Ali.

The court sentenced him to eight months' jail and a fine of RM10,000, in default a year's jail, for each charge and ordered the sentence to run concurrently.

The court, however, acquitted and discharged Syed Afendy Ali on a charge with using his position to acquire a three-storey shop office unit worth RM930,000 at the Danau Lumayan Avenue, Bandar Tun Razak from Danau Lumayan Sdn Bhd for Rodziah.

The charge came under Section 165 of the Code.

Syed Afendy Ali was also acquitted of nine charges under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 involving a total of RM1.5mil.

Meanwhile, Deputy Public Prosecutor Norzilati Izhani Zainal @ Zainol, when met by reporters, said the prosecution would appeal the decision. – Bernama

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