The Kuala Lumpur High Court has issued a final warning over Syed Saddiq Syed Abdul Rahman’s third public statement regarding the Muar MP’s ongoing RM1.2 million misappropriation case.
In response, the former youth and sports minister made an apology directly from the dock during the trial this morning.
“My humblest apology,” the founder of Muda and former Bersatu youth chief said when addressing trial judicial commissioner Azhar Abdul Hamid.
The court’s final warning today was over the accused’s online posting yesterday in relation to the authenticity of the testimony of key prosecution witness, former Bersatu youth treasurer Rafiq Hakim Razali.
Back on Jan 19, the court advised the accused to be careful with his statements on social media regarding his ongoing trial. The warning was issued by the case’s then trial judge Mohamed Zaini Mazlan (the case was later transferred to Azhar).
Then on July 4, the court for the second time warned him over his online posting regarding the case. His legal team apologised on his behalf to the court.
Today’s court warning is the third time in relation to the trial of the four charges linked to Syed Saddiq's time as then Bersatu youth chief in 2020.
The prosecution contended the misappropriation was perpetrated over funds belonging to the ruling party's youth wing.
Earlier this morning, deputy public prosecutor Wan Shaharuddin Wan Ladin told Azhar that the prosecution is contemplating moving actual contempt proceedings against Syed Saddiq in light of the numerous times the accused has been reminded to be careful in his public statements.
The warnings were issued as the accused’s statements over the case could be constituted by the prosecution as alleged contempt of court.
Contempt of court is the offence of being disrespectful towards the court and its officers, and may be punishable with fine or imprisonment.
The prosecutor referred the court to a latest police report regarding Syed Saddiq’s online posting, claiming that the latest incident could amount to subjudice (where a matter is still under judicial consideration and thus prohibited from public discussion elsewhere).
“This has happened a few times before, he (Syed Saddiq) was warned by judge (Mohamed) Zaini (Mazlan), but it still happened when he commented about the credibility of the witness (Rafiq).
“It is for the court to make a finding of fact on the credibility of the witness. I am merely informing the court that we (prosecution) are contemplating to move this court to cite Syed Saddiq for contempt of court,” Wan Shaharuddin said.
Defence counsel Gobind Singh Deo then apologised to the court, explaining that his client Syed Saddiq has since deleted the impugned Instagram post.
Azhar then issued the final warning against parties from issuing any public statement that could amount to contempt, reminding parties that it got to the point that his fellow judges have commented to him regarding the matter.
July 18 decision on bid to impeach prosecution witness
Meanwhile, the court also set July 18 to deliver its decision on an application by Syed Saddiq’s lawyers to discredit the testimony of Rafiq.
Azhar fixed the date after hearing submissions from Wan Shaharuddin and Gobind over the merits of the impeachment bid against the witness.
The accused’s lawyers claim that Rafiq’s oral evidence in court is inconsistent.
On one of the four charges, namely for criminal breach of trust (CBT), Syed Saddiq, 29, in his capacity as then Bersatu Youth chief entrusted with party funds, allegedly committed the offence by withdrawing RM1 million via a CIMB Bank Berhad cheque without the permission of the party’s Supreme Council.
He was purported to have committed the offence at CIMB Bank Berhad, Menara CIMB KL Sentral, Jalan Stesen Sentral 2, Kuala Lumpur, on March 6, 2020.
The CBT charge is framed under Section 405 of the Penal Code and punishable under Section 406 of the same law, which provides a jail term of up to 10 years, with whipping and a fine as well, upon conviction.
Syed Saddiq was also charged with misusing RM120,000 in contributions for the 14th general election campaign raised through a Maybank Islamic Berhad account belonging to Armada Bumi Bersatu Enterprise (ABBE) at Maybank Islamic Berhad, Jalan Pandan 3/6A, Taman Pandan Jaya, between April 8 and 21, 2018.
He may be imprisoned for up to five years, with whipping and a fine as well, if found guilty of the offence framed under Section 403 of the Penal Code.
He was also charged with two counts of money laundering, namely two transactions of RM50,000 alleged to be proceeds of unlawful activities, from his Maybank Islamic Berhad account into his Amanah Saham Bumiputera account at a bank in Jalan Persisiran Perling, Taman Perling, Johor Bahru, on June 16 and June 19, 2018.
These charges fall under Section 4 (1) (b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which are punishable under Section 4 (1) of the same Act, providing maximum imprisonment of 15 years and a fine of not less than five times the amount, or the proceeds of the illegal activities. - Mkini
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