THE fate of Muar MP Syed Saddiq Syed Abdul Rahman will be determined tomorrow as the Court of Appeal hears his challenge against a seven-year prison sentence, two lashes, and a RM10 million fine for four charges related to the misappropriation of funds from Angkatan Bersatu Anak Muda (Armada).
The decision will be made after submissions from both the defence and prosecution in the Court of Appeal on Wednesday.
Earlier, the court had set aside two days—March 19 and 20—for the hearing of the appeal.
The proceedings will be heard by a three-judge panel, with Syed Saddiq, 33, represented by his lawyer Datuk Hisyam Teh Poh Teik, who will lead the defence argument to overturn the conviction and sentence.
The prosecution will be led by Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin, who also serves as the Chief of Legal and Prosecution at the Malaysian Anti-Corruption Commission (MACC).
Syed Saddiq filed his appeal after the Kuala Lumpur High Court convicted him on November 9, 2024. Judge Datuk Azhar Abdul Hamid had sentenced him to seven years in prison, two lashes, and a RM10 million fine after finding him guilty of four charges of criminal breach of trust, abuse of power, and money laundering linked to Armada funds.
In a 22-page judgment, the court dismissed Syed Saddiq's defence, describing his testimony as "illogical." However, the High Court granted his request to delay the execution of the sentence pending his appeal in the Court of Appeal.
In his petition for appeal, Syed Saddiq presented 18 grounds in support of his claim to be acquitted of the charges and have the sentence overturned. He argued that the trial judge had erred in law by convicting him on all four charges.
He contended that the judge failed to consider and understand the provisions of Section 405 of the Penal Code, which governs criminal breach of trust, and thus his actions, as stated in the first charge, should not be classified as an offence under this section.
Syed Saddiq further argued that the trial judge wrongly equated the withdrawal of funds with spending.
This appeal marks the second stage of his legal battle, and if he is found guilty again, Syed Saddiq still has the option to make a final appeal to the Federal Court.
Regarding the first charge, Syed Saddiq is accused of conspiring with Rafiq Hakim Razali, then Assistant Treasurer of Armada, to misappropriate RM1 million of Armada funds.
The funds were transferred into the CIMB Bank account at Menara CIMB KL Sentral, on March 6, 2020. This charge is framed under Section 406 of the Penal Code, which carries a maximum sentence of 10 years in prison, whipping, and a fine.
For the second charge, Syed Saddiq allegedly misused RM120,000 from the Armada Bumi Bersatu Enterprise account at Maybank Islamic Berhad, having Rafiq Hakim dispose of the funds between April 8 and April 21, 2018, at Malayan Banking Berhad, Jalan Pandan 3/6A, Taman Pandan Jaya.
This charge, under Section 403 of the Penal Code, carries a penalty of imprisonment between six months and five years, along with whipping and a fine.
Additionally, Syed Saddiq faces two charges relating to money laundering, involving the transfer of RM50,000 from his Maybank Islamic Berhad account to his Amanah Saham Bumiputera account. These transactions occurred at a bank in Taman Perling, Johor Bahru, on June 16 and 19, 2018, and are alleged to be the proceeds of illicit activities.
These charges fall under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which carries a maximum penalty of 15 years in prison and a fine up to five times the amount involved.
Syed Saddiq's case continues to attract significant attention as it involves a prominent political figure, and its outcome could have broader implications for political accountability and anti-corruption efforts in Malaysia. – March 18, 2025
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