Defence in its bid to impeach Rafiq’s credibility as a key witness had managed to show there were discrepancies between his oral testimony and recorded MACC statement.
The High Court has ordered the prosecution to submit the statement of a key witness recorded by the Malaysian Anti-Corruption Commission (MACC) in Syed Saddiq Syed Abdul Rahman’s trial.
Judicial commissioner Azhar Abdul Hamid said the defence, in its bid to impeach Rafiq Hakim Razali’s credibility as a key witness, had managed to show that there were discrepancies between his oral testimony in court and his statement recorded by MACC.
“After hearing and reviewing submissions by both parties, I agree that the defence has shown that there were discrepancies between the oral statement and the statement recorded pursuant to Section 30 of the MACC Act (2009).
“I hereby order the prosecution to submit a copy of the witness statement for review before the court decides on the next course of action,” he said.
Azhar asked deputy public prosecutor Wan Shaharuddin Wan Ladin to hand over the statement before the end of today’s proceeding.
Last week, Syed Saddiq’s lawyer, Gobind Singh Deo, claimed that Rafiq, the former Bersatu youth wing assistant treasurer, had contradicted himself in his statements.
This included his allegation that Syed Saddiq had instructed him to withdraw RM1 million at his (Syed Saddiq’s) house after the Sheraton Move in February 2020.
However, he had told MACC in his statement that the instruction for the withdrawal was made through a phone call in early March 2020.
On July 18, the High Court had rejected the defence’s first application to impeach Rafiq. This was followed by the second application on July 22.
Meanwhile, an MACC officer could not properly explain what happened to RM20,000 out of about RM120,000 that was raised for Muar MP Syed Saddiq Syed Abdul Rahman’s 2018 election campaign.
Nurul Hidayah Kamaruddin claimed her investigation found about RM120,000 was raised through two events.
The fundraising events were held at Muar, Johor, and Ampang, Selangor, between April 7 and 8, 2018.
The 26th prosecution witness said RM100,000 of the total amount was transferred to Syed Saddiq’s Amanah Saham Bumiputera (ASB) investment account.
She testified that the RM100,000 was transferred in two tranches of RM50,000 each between June 16 and 19, 2018.
“The contribution of RM120,000 was not used for the (Syed Saddiq election) campaign.
“The money was transferred into (the accused’s) ASB account in June (2018) via two transactions totalling RM100,000,” the witness claimed.
However, while being cross-examined by defence counsel Gobind Singh Deo, the witness could not offer a proper explanation of what happened to the remaining RM20,000.
Whenever the counsel asked about the balance, after RM100,000 allegedly went into Syed Saddiq’s account, Nurul Hidayah asked him to repeat the question several times.
She then reiterated her investigation found not a single sen of the total funds was ever used for Syed Saddiq’s 14th general election (GE14) campaign.
Gobind’s grilling intensified when Nurul Hidayah then claimed RM30,000 was transferred to the account of the accused’s father, Syed Abdul Rahman Abdullah Alsagoff.
When the lawyer asked what the RM30,000 alleged transfer had to do with the initial question of RM20,000, the witness claimed she could not understand the question.
At one point during proceedings, she sought permission from the court to “rehat dahulu” (take a break).
However, Azhar directed her to first answer the question from Gobind.
When the lawyer asked her whether the purported RM30,000 was part of the funds raised from the fundraising activities, she said she did not understand the question.
At this juncture, Azhar said they were getting nowhere and directed proceedings to break for lunch and to resume at 2.30pm.
Earlier today, Nurul Hidayah testified the RM120,000 was transferred from the bank account of Armada Bumi Bersatu Enterprise (ABBE) to Syed Saddiq’s personal bank account.
She said the transfer was done in four tranches of RM30,000 each between April 8 and 21, 2018.
Nurul Hidayah also alleged that Syed Saddiq could not produce any receipts to substantiate his claim that the funds were spent on political campaigning.
Syed Saddiq was charged in July last year with four counts of criminal breach of trust and money laundering involving a total of RM1.12 million belonging to Bersatu.
He also pleaded not guilty to two charges of money laundering amounting to RM50,000 each.