RM1mil was withdrawn from Armada based on his instruction, Federal Court told
PUTRAJAYA: The Federal Court was told that Muar MP Syed Saddiq Syed Abdul Rahman was the mastermind in the criminal breach of trust (CBT) case involving Angkatan Bersatu Anak Muda (Armada) funds.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin argued this on the basis that Syed Saddiq had allegedly instructed the then assistant treasurer of Armada, Rafiq Hakim Razali, who is the 13th prosecution witness (SP13), to withdraw RM1mil belonging to the youth wing.
“SP13 stated in his testimony that he would not have withdrawn the RM1mil if he had not received instruction from the respondent,” he said during the hearing of the prosecution’s appeal against the Muar MP’s acquittal on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 Armada funds.
Wan Shaharuddin said the testimonies of other witnesses corroborated Rafiq Hakim’s statement – SP8 Muhammad Naqib Ab Rahim (then an Armada member), SP9 Muhammad Daniel Kusari (Federal Territory Bersatu Youth information chief), SP10 Abdul Hannan Khairy (Armada member) and SP11 Ahmad Redzuan Mohamed Shafi (Armada assistant secretary).
“SP13, SP11 and SP10 told the trial judge that all 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 instead to charge only the respondent, as there is no legal barrier to proceeding solely against the abettor without charging the “principal offender”.
He argued that the Court of Appeal was aware that the respondent had instructed SP13 to withdraw the RM1mil belonging to Armada, but had refused to consider the reasons behind that instruction.
Staying calm: Syed Saddiq arriving at the Palace of Justice. — Bernama
“The Court of Appeal also failed to consider evidence showing that the respondent had instructed SP13 to ‘clear’ the same RM1mil when the Malaysian Anti-Corruption Commission (MACC) searched the respondent’s house on March 3, 2020,” he said.
Wan Shaharuddin further submitted that the Court of Appeal should have taken into account the testimonies of SP10, SP11 and SP13, all of whom stated that 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 came 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.”
Meanwhile, another deputy public prosecutor, Datuk Ahmad Akram Gharib, said the Court of Appeal had 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” or pointless, allowing political figures to reroute campaign donations into personal accounts and later claim legitimate use.
The proceedings continue today before a panel of three Federal Court judges led by Court of Appeal president Justice Abu Bakar Jais, sitting with Justices Che Mohd Ruzima Razali and Collin Lawrence Sequerah.
The other deputy public prosecutors handling the case are Farah Ezlin Yusop Khan, Law Chin How, Nurul Qistini Qamarul Abrar, Muhammad Asraf Mohamed Tahir and Wan Nur Iman Wan Ahmad Afzal.
In yesterday’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, the Court of Appeal 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 RM10mil fine imposed by the High Court on Nov 9, 2023.
