PUTRAJAYA: The Court of Appeal here has acquitted celebrity preacher Syed Shah Iqmal Syed Mohd Shaiful, or better known as Da’i Syed, over a rape charge.
In the 2-1 majority decision, Justice Azman Abdullah, who chaired a three-judge panel, allowed Syed Shah Iqmal’s final appeal.
Justice Mohd Radzi Abdul Hamid concurred in the majority decision while Justice Meor Hashimi Abdul Hamid held the dissenting judgment.
In the majority decision, Justice Azman said the court considered the totality of the appeal records and found the High Court committed a grave error that warranted appellate intervention.
He said the appellant admitted that intercourse took place, therefore the only legal issue the prosecution needed to prove beyond reasonable doubt was that it happened without the victim’s consent.
On analysing the victim’s contemporaneous conduct, Justice Azman said the victim’s behaviour did not align with that of someone who was raped.
“Her behaviour after the incident, there was no reflection of anxiety, panic or sadness afterwards,” he said yesterday.
“She did not attempt to escape, instead, she stayed the night and only returned home the next day.”
After the victim reached home via e-hailing service, she texted Syed Shah Iqmal with “safely arrived”.
Based on screenshots, the victim communicated with the appellant between September and December 2019, seeking his attention, praising him and wanting to meet him again.
“She only lodged a police report on Nov 25, 2020, which is 441 days after the incident when the communication between them became distant and the issue went viral on social media,” Justice Azman said.
The court also considered the victim’s mental health, history of depression and psychiatric treatment. She had been diagnosed with major depressive disorder.
“The court finds that the depression and naivete factor could not be automatically used to deny consent in a sexual relation.
“Therefore, we find the appellant had successfully raised reasonable doubt in the case and the conviction and sentence are not safe to be affirmed by this court.
“The appeal is hereby allowed. The 10-year prison time and three whippings ordered by the Sessions Court and affirmed by the High Court is set aside,” Justice Azman said.
With the decision, the prosecution’s cross-appeal to increase Syed Shah Iqmal’s sentence became academic.
Meanwhile, in his dissenting judgment, Justice Meor Hashimi said consent could not have been given by the victim who was diagnosed with Major Depressive Disorder with Psychosis Borderline Personality Disorder.
“This (the illness) showed the sexual relation between the appellant and the victim happened without her consent and by the appellant’s force. The appellant had taken advantage of the victim’s long-term depression,” he said.
Standing in the accused dock, the celebrity preacher cried tears of relief as the decision was delivered. His wife and TV host Hana Ismail, who sat in the public gallery, was seen sobbing.
Syed Shah Iqmal was first charged at the Shah Alam Sessions Court on Dec 10, 2020.
He was accused of raping the then 23-year-old woman at a condominium in Shah Alam, at 1.35am on Sept 11, 2019.
