In Syed Saddiq’s case, it was ruled that the prosecution had proven their case beyond doubt while in Shafee’s case, the court ruled that the prosecution had failed to establish a prima facie case.
Syed Saddiq Syed Abdul Rahman has been ordered to enter his defence on charges of abetting in criminal breach of trust (CBT), misappropriation of assets and money laundering.
Judicial Commissioner Datuk Azhar Abdul Hamid said the prosecution had proven their case beyond doubt.
“After careful consideration I found the prosecution has proven there is a prima facie case and I call the accused to enter his defence,” he said today at the Kuala Lumpur High Court.
“There are three ways he can enter his defence. First is by sworn testimony where you will be liable for cross examination, the second way is by giving an unsworn statement which means he will not be liable for cross examination and the third way is you may choose to be silent. You may confirm with your counsel,” Judge Azhar said in delivering his verdict today.
Syed Saddiq’s lawyer, Gobind Singh Deo said his client would enter his sworn statement and that he would be calling at least 15 witnesses during the trial.
Judge Azhar then said they would have to start the trial in 2023 due to the upcoming elections. After deliberation they set aside February 22-24, March 13 and 14 and April 10-14, 2023 for trial.
A total of 29 out of 37 witnesses testified in court against the former youth and sports minister. The trial spanned 21 days, concluding on September 28, 2022.
Syed Saddiq said he accepts the High Court’s decision and is ready to enter his defence over the four charges.
He vowed to clear his name, insisting that his spirits have not been dampened in the run-up to the 15th general election (GE15).
“This is my opportunity to prove my innocence by giving my sworn testimony in court. I joined politics to clean the scene and fight for the people’s rights so despite all that’s happened my spirits and principles are still strong,” the incumbent Muar MP told members of the media after his hearing.
When asked if he would still compete in Muar for Malaysian United Democratic Alliance (Muda) in GE15, Syed Saddiq said he would have a discussion with the party first.
“I look forward to clearing my name in court but from Muda’s perspective what we will do is call for a meeting immediately after this to discuss this,” he said.
“I’d like to bring this out to my party because I am a party man and principals come first in politics.”
Meanwhile, lawyer Muhammad Shafee Abdullah walked free from four criminal charges linked to RM9.5 million from former prime minister Najib Abdul Razak.
The Kuala Lumpur High Court this morning ruled that the prosecution has failed to establish a prima facie case against the veteran legal practitioner.
Today was set for a decision at the end of the prosecution’s case involving the alleged laundering of the funds.
During the open-court proceedings, trial judge Muhammad Jamil Hussin said the prosecution failed to prove that the two cheques – one worth RM4.3 million and the other RM5.2 million – were the proceeds from unlawful activities.
The judge noted that the prosecution’s own witnesses only showed that the cheques were deposited into Shafee’s account, whereby the accused himself does not deny receiving the monies.
“The prosecution failed to show that these monies were the result of unlawful activity,” Jamil said, adding that prosecutors failed to establish any predicate evidence that Najib or anybody else was linked to any unlawful activity.
“To prove that the RM4.3 million and the RM5.2 million are the proceeds of unlawful activity, the prosecution must prove the unlawful activity whereby the money was obtained.
“I find from the testimony proffered by the prosecution that there is no evidence on any predicate offence involving the RM4.3 million and RM5.2 million,” Jamil said.