PUTRAJAYA: The trial judge in Muar MP Syed Saddiq Syed Abdul Rahman's graft case committed a serious misdirection when he failed to consider evidence of witnesses being severely pressured during the investigation, the Court of Appeal here heard.
Lawyer Datuk Hisyam Teh Poh Teik said Rafiq Hakim Razali, a former Armada assistant treasurer and a key prosecution witness, was under severe pressure while he was being investigated by the Malaysian Anti-Corruption Commission (MACC), to the extent that it could be strongly inferred that he had "tailored his evidence to appease the MACC".
The witness had expressly admitted that he was broken down by the MACC during his six-day remand period.
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Hisyam said this in his submission on the first day of the hearing of Syed Saddiq's appeal against his conviction and sentence in a RM1.2mil graft case involving funds from Armada, the Bersatu youth wing, here on Wednesday (March 19).
Rafiq had then told his wife, who was also a prosecution witness, to let his friends know that they should not hold any more press conferences because he would have "to pay for it" with the MACC.
"He (Rafiq) also admitted that he had shifted his evidence to focus on non-preparation of working papers after having realised that Article 24.8 of Bersatu's constitution used the word 'perbelanjaan' (expense) instead of the word 'pengeluaran' (withdrawal)," Hisyam said.
Syed Saddiq's former private secretary also testified that she was allegedly threatened and roughed up by MACC officers.
"As a result, she lodged a police report and called a press conference," Hisyam added.
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He said another prosecution witness conceded during cross-examination that he was pressured by the MACC during the investigation.
"Thus, it cannot be dismissed that SP13 (Rafiq) succumbed to the oppressive tactics of the interrogation to give evidence against the appellant," Hisyam said.
The senior lawyer further submitted that his client had not received a fair trial, a right guaranteed under Article 5 of the Federal Constitution.
"It is obvious that the learned trial judge had breached the statutory duty under Section 182A of the Criminal Procedure Code.
"There was a further breach of the common law principle that a defence put forward must be judicially appreciated.
"In consequence of the appealable errors committed by the learned trial judge, all the four convictions are not safe and ought to be set aside," Hisyam said.
Meanwhile, co-counsel Datuk Mohd Yusof Zainal Abiden submitted that the money in question was a public contribution for Syed Saddiq to finance his election campaign effectively.
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"For all intents and purposes, the money is his. They did not give it to Armada," Yusof said.
On Nov 9, 2023, the High Court found Syed Saddiq guilty of four charges of abetting in criminal breach of trust (CBT), misappropriation of funds and money laundering involving RM1.2mil.
He was sentenced to seven years of imprisonment, a RM10mil fine and two strokes of the cane for all four charges of abetting in criminal breach of trust (CBT), misappropriation of funds and money laundering.
Syed Saddiq was charged with abetting Rafiq, who was entrusted with RM1mil of Armada's funds, to commit CBT by misappropriating the funds.
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On the second charge, the former youth and sports minister was charged with misappropriating RM120,000 from Armada Bumi Bersatu Enterprise’s Maybank Islamic Bhd account by making Rafiq dispose of the money.
He was also charged with two counts of money laundering, via transactions of RM50,000 each, believed to be proceeds from unlawful activities, from his Maybank Islamic Bhd account into his Amanah Saham Bumiputera account.
The hearing continues on Thursday (March 20) before a three-judge panel chaired by Justice Ahmad Zaidi Ibrahim.
Other judges on the bench were Justices Azman Abdullah and Noorin Badaruddin.
