Federal Court told no evidence linking the money to any other party.
Syed Saddiq Syed Abdul Rahman’s legal team told the Federal Court on Friday (12 Dec) that the charge of misappropriating RM120,000 from Armada cannot stand because the funds belonged to the Muar MP, with no evidence linking them to any other party.
According to Sinar Harian, lawyer Datuk Hisyam Teh Poh Teik argued that the Kuala Lumpur High Court judge should have first determined ownership of the money.
“If the answer is yes, then no embezzlement or dishonest withdrawal of money can occur,” he said. He added that the Court of Appeal had correctly found the funds belonged to the respondent.
Hisyam said the Court of Appeal relied on the testimony of the 13th prosecution witness (SP13), Rafiq Hakim Razali, who never stated that the RM120,000 belonged to Armada, Bersatu, Armada Bumi Bersatu Enterprise (ABBE) or himself. Instead, SP13 testified that the money had been raised through fundraising and was meant for Syed Saddiq’s personal election campaign. He also told Malaysian Anti-Corruption Commission (MACC) officers that Syed Saddiq had initially spent his own money and the later collection served as a reimbursement.
The Court of Appeal, Hisyam said, acted correctly in concluding that SP13 was merely a trustee of the funds.
“The trial judge should not have convicted the respondent under Section 403 of the Penal Code,” he added, arguing that the prosecution had failed to establish the essential elements for the breach of trust and misappropriation charges.
He noted that the Court of Appeal had thoroughly reviewed the facts and evidence before ruling that the prosecution did not prove a prima facie case.
Addressing the first charge concerning RM1 million in alleged breach of trust, Hisyam said the defence maintained that Syed Saddiq never instructed SP11, former Armada assistant secretary Ahmad Redzuan Mohamed Shafi, or SP13 to withdraw the funds. Instead, the release of funds was decided collectively by the party’s top five leaders (G5) during a meeting at Syed Saddiq’s home for Covid-19 assistance and Ramadan and Aidilfitri welfare programmes.
He said evidence showed that SP13 had been asked to discuss the actual amount needed with the Armada Exco. The Court of Appeal, he added, was right to conclude that the trial judge failed to consider key aspects of the defence, including discrepancies between SP11’s and SP13’s statements over claims that Syed Saddiq ordered the RM1 million withdrawal.
Hisyam also pointed out that the prosecution had changed its position on the alleged “abuse” with three different narratives during the trial. He said the Court of Appeal found no evidence that Syed Saddiq received any financial benefit from the RM1 million withdrawal or intended to cause Armada any loss. The funds, he said, were used for party welfare initiatives, including Covid-19 aid and Ramadan donations.
“Important prosecution witnesses, including SP9 Muhammad Daniel Kusari and SP13 himself, confirmed that the funds were used for party programmes,” he said.
Hisyam added that the Court of Appeal had rightly dismissed the prosecution’s reliance on SP13’s claim that Syed Saddiq told him to “clear” the money, noting that the court did not agree that the term implied malicious intent.
“Based on the strong reasons presented, it is clear that the Court of Appeal did not make any appealable errors. Therefore, this prosecution appeal must be dismissed,” he said.
Hisyam presented his submissions alongside 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.
The prosecution team was led by Deputy Public Prosecutors Datuk Wan Shaharudin Wan Ladin, Datuk Ahmad Akram Gharib, Farah Ezlin Yusop Khan, Law Chin How, Nurul Qistini Qamarul Abrar, Muhammad Asraf Mohamed Tahir and Wan Nur Iman Wan Ahmad Afzal.
The case was heard before a three-judge panel chaired by Court of Appeal President Datuk Abu Bakar Jais, sitting with Datuk Che Mohd Ruzima Ghazali and Datuk Collin Lawrence Sequerah.