The prosecution today filed an appeal against the Court of Appeal’s decision to acquit and discharge Muar MP Syed Saddiq Syed Abdul Rahman of his corruption and money laundering charges.
Deputy public prosecutor Wan Shaharuddin Wan Ladin said the appeal was filed on grounds that the three-judge panel had erred in law and fact when allowing Syed Saddiq‘s appeal in its June 25 ruling, Bernama reported.
The panel, consisting of Justices Ahmad Zaidi Ibrahim, Azman Abdullah and Noorin Badaruddin, had earlier set aside the seven-year prison sentence, two strokes of the cane, and RM10 million fine imposed by the Kuala Lumpur High Court on Nov 9, 2023.
According to the prosecution, the court erred in ruling that RM120,000 transferred to Syed Saddiq’s personal account was rightfully his, without proper justification for the transaction.
The prosecution also contended that the judges made unfounded allegations that it and the Malaysian Anti-Corruption Commission (MACC) pressured the 13th prosecution witness, Rafiq Hakim Razali, to tailor his testimony, despite no evidence supporting such claims.
It further argued that the Court of Appeal erred in excluding all evidence unfavourable to Syed Saddiq before the withdrawal of Bersatu Youth’s RM1 million funds by Rafiq on March 6, 2020, which was critical to proving dishonest intent.
“Their Lordships erred in law and fact in ruling that the appellant failed to establish a prima facie case on the charge of criminal breach of trust (CBT), despite the appellant having adduced credible evidence sufficient to prove every element of the offence,” the prosecution submitted.
The prosecution also emphasised that the money laundering charge under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Act 613) is an independent offence that does not require proof of a predicate offence, and that Syed Saddiq’s defence amounted to nothing more than a bare denial.
The prosecution is also asking the Federal Court to overturn the Court of Appeal’s acquittal and restore the High Court’s conviction and sentence, or to issue any other order deemed fit.
The High Court found Syed Saddiq guilty in November of abetting in CBT involving more than RM1 million belonging to Bersatu Youth, and dishonestly misappropriating property totalling more than RM120,000, also belonging to the wing.
The former Bersatu Youth chief was also convicted on two counts of money laundering for transferring a total of RM100,000 to his personal account from a company linked to the youth wing, Armada Bumi Bersatu Enterprise.
He was sentenced to three years’ jail and one stroke of the rotan on the CBT charge, two years and another stroke of the cane on the misappropriation charge, and another two-year jail term for each of the money laundering offences.
The Muda founder was also fined RM10 million.
