PUTRAJAYA: The trial judge in Muar MP Syed Saddiq Syed Abdul Rahman’s graft trial failed to consider evidence of witnesses who said they were severely pressured during investigation, the Court of Appeal heard.
Lawyer Datuk Hisyam Teh Poh Teik said Rafiq Hakim Razali, a former Bersatu Youth (Armada) assistant treasurer and a key prosecution witness, had been under severe pressure when he was investigated by the Malaysian Anti-Corruption Commission (MACC).
He said it could be inferred that Rafiq had “tailored his evidence to appease the MACC”.
Rafiq had admitted that he had been broken down by the MACC during his six-day remand period.
In not considering this, the judge had committed a serious misdirection, said Hisyam.
The lawyer was making his submission on the first day of Syed Saddiq’s appeal hearing against his conviction and sentence in a RM1.2mil graft case involving funds from Armada here yesterday.
Rafiq had then told his wife, who was also a prosecution witness, to let his friends know that they should not be holding any more press conferences because he would have “to pay for it” with the MACC.
“He also admitted that he had shifted his evidence to focus on non-preparation of working papers after realising that Article 24.8 of Bersatu’s constitution used the word ‘perbelanjaan’ (expenditure) instead of the word ‘pengeluaran’ (withdrawal),” Hisyam said.
He said Syed Saddiq’s former private secretary had also testified that she was threatened and roughed up by MACC officers.
“She had lodged a police report and called a press conference,” Hisyam added.
Another prosecution witness, he said, had also conceded during cross-examination that he was pressured by the MACC.
“Thus, it cannot be dismissed that SP13 succumbed to the oppressive tactics of interrogation to give evidence against the appellant,” Hisyam said, referring to Rafiq.
The senior lawyer further submitted that his client had not received a fair trial.
“It is very obvious that the learned trial judge had breached the statutory duty under Section 182A of the Criminal Procedure Code.
“In consequence of the appealable errors committed by the learned trial judge, all four of the 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.
“For all intent and purposes, the money is his. They did not give it to Armada,” Mohd Yusof said.
On Nov 9, 2023, the High Court found Syed Saddiq guilty on 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 in jail, fined RM10mil and ordered to be given two strokes of the cane.
Syed Saddiq was charged with abetting Rafiq, who was entrusted with RM1mil of Armada’s funds, to commit CBT by misappropriating the funds.
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, from his Maybank Islamic Bhd account into his Amanah Saham Bumiputera account.
The hearing continues today before a three-judge panel chaired by Justice Ahmad Zaidi Ibrahim.
The other judges on the bench are Justices Azman Abdullah and Noorin Badaruddin.
