Court sets aside jail term, fine for ex-DBKL official in power abuse case

KUALA LUMPUR – Former Kuala Lumpur City Hall (DBKL) executive director Datuk Seri Syed Afendy Ali Syed Abid Ali today saw the high court here setting aside his guilty verdict, eight-month jail term and RM80,000 fine over power abuse in obtaining eight condominium units worth RM2 million seven years ago.

Upon hearing the ruling, the 58-year-old fell to his knees and bowed in gratitude.

Judge Collin Lawrence Sequerah, allowing Syed Afendy Ali’s appeal, said the prosecution has failed to prove elements of the charges against the accused.

“The court allows the appeal, and for the fine to be refunded to the appellant.”

Syed Afendy Ali appealed the sentence and fine imposed on him by the sessions court on March 20, 2018 after he was found guilty on eight counts of power abuse in the acquisition of the eight condo units.

The then DBKL Economic Planning and Development Coordination Department director was charged with abusing his power to acquire the said units in Bandar Sri Permaisuri, Bandar Tun Razak, here.

The assets, worth RM249,990 each, from Danau Lumayan Sdn Bhd were for four individuals, namely Minah Abdullah, Mazwan Amin Mohd Noor, Syed Ashraf Ali Syed Afendy Ali and Rodziah Abd Samad.

Syed Afendy Ali was charged with committing the offences at his former office between September 6, 2013 and October 16, 2014.

The charges are under Section 165 of the Penal Code, which carries a maximum jail term of two years, or a fine, or both, upon conviction.

Sessions court judge Allaudeen Ismail handed down the sentence after finding that the defence had failed to prove reasonable doubt against Syed Afendy Ali.

He was sentenced to eight months’ jail and fined RM10,000 in default of a year’s jail for each charge, with the sentences to run concurrently.

He was acquitted and discharged on a count of using his position to acquire a RM930,000 three-storey shop-office unit at Danau Lumayan Avenue in Bandar Tun Razak, from Danau Lumayan for Rodziah.

Syed Afendy Ali was also dismissed and acquitted on nine counts under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001, involving a total of RM1.5 million.

Deputy public prosecutor Norzilati Izhani Zainal @ Zainol told reporters that the prosecution will appeal today’s decision. – Bernama, November 27, 2020