Syed Saddiq should have been acquitted without defence called, say lawyers

 

Syed Saddiq Syed Abdul Rahman’s solicitors claim the trial judge’s 13-month delay in delivering his grounds of judgment had prejudiced his defence to charges of CBT, dishonest misappropriation of funds and money laundering. (Bernama pic)

PUTRAJAYA: 

Syed Saddiq Syed Abdul Rahman should have been acquitted of corruption and money laundering charges at the close of the prosecution’s case, his lawyers have said.

In a petition of appeal filed by solicitors Messrs Wong Kian Kheong in the Court of Appeal today, they said the trial judge erred in law and in fact when ruling that the prosecution had established a prima facie case on all four charges brought against the Muar MP.

“The trial judge erred when he failed to assess the credibility of the prosecution’s witnesses, especially SP13 (Bersatu Youth assistant treasurer Rafiq Hakim Razali),” the filing read.

In the alternative, the solicitors said the trial judge had in breach of Section 182A of the Criminal Procedure Code failed to consider all the evidence at the conclusion of the trial as required by law when convicting him of the charges.

“There was no fair and just assessment of the defence’s case in respect of the four charges,” they said.

The solicitors also claimed the trial judge’s late delivery of the grounds of judgment had compromised the audio-visual advantage he enjoyed when hearing the case.

They noted that the grounds of judgment were delivered only 13 months after the decision was handed down.

“The delay has caused prejudice to the appellant (Syed Saddiq) in that aspects of the evidence that spoke in favour of the defence were not considered at all,” the document read.

Syed Saddiq’s solicitors said the trial judge erred when he ruled that the defence had failed to raise a reasonable doubt in the prosecution’s case.

They also claim he was denied a fair trial by the many appealable errors which the trial judge was said to have committed.

“The appellant therefore prays that his convictions and sentences be set aside and that he be acquitted and discharged,” the petition concluded.

Earlier this week, the Court of Appeal scheduled for the appeal to be heard on March 19 and 20 next year.

Former solicitor-general Yusof Zainal Abiden, Hisyam Teh Poh Teik, Alex Tan, Low Wei Loke, Kee Wei Lon and Beston Tan will appear for Syed Saddiq in the appeal.

On Nov 9 last year, Syed Saddiq, a former youth and sports minister, was found guilty of abetting in criminal breach of trust (CBT) involving more than RM1 million belonging to Bersatu Youth, and for dishonest misappropriation of RM120,000.

For the CBT charge, the court imposed a three-year jail term and ordered that Syed Saddiq receive one stroke of the rotan.

He was sentenced to two years in jail and another stroke of the cane for the misappropriation charge and additional two-year imprisonment terms for each of the money laundering offences.

The court ordered that the jail terms for CBT and dishonest misappropriation run consecutively, while those handed down for the money laundering offences were made to run concurrently.

As a result, Syed Saddiq will serve five years in jail.

In his 22-page grounds of judgment released on Nov 28, Justice Azhar Abdul Hamid said the sentences pronounced on Syed Saddiq were not excessive as the court had taken into account his status as a public figure and a role model for young people. - FMT