Syed Saddiq Syed Abdul Rahman’s legal team contended that the MACC was not able to investigate any alleged wrongdoing by then prime minister Muhyiddin Yassin.
However, MACC investigating officer Syahmeizy Sulong denied this allegation as the antigraft agency acts based on lodged complaints and directions from superior officers.
Defence counsel Gobind Singh Deo and the prosecution witness were locked in a verbal tussle during today’s trial of Muar MP Syed Saddiq (above) over the alleged misappropriation of RM1.2 million of funds belonging to Bersatu Youth. The accused used to be the wing’s chief.
While under Gobind’s cross-examination, Syahmeizy agreed that MACC is under the patronage of the Prime Minister’s Office (PMO).
Under the constitution, the MACC chief commissioner is appointed by the Yang di-Pertuan Agong based on the advice of the sitting prime minister.
Syahmeizy said the result of his investigation in early 2020 showed that Syed Saddiq had abetted then Bersatu Youth treasurer Rafiq Hakim Razali in misappropriating funds from the wing’s account.
The MACC investigating officer’s testimony sought to corroborate Rafiq’s previous testimony that Syed Saddiq directed him (Rafiq) to withdraw RM1 million from Bersatu Youth’s account.
What about Muhyiddin?
However, when Gobind asked about the allegation that Muhyiddin, who is also Bersatu president, had taken out large sums of money from the party account without first going through the party’s supreme council, Syahmeizy replied that it was legal.
The MACC officer claimed it was because the withdrawal was done for use of the party and not for personal benefit.
Gobind then grilled him further on this, to which Syahmeizy conceded he never investigated this.
Syed Saddiq’s parents previously testified that the MACC probe against him was in order to pressure him to support then premier Muhyiddin in 2020.
Gobind: So, if there is a complaint that the prime minister himself committed wrongdoing or corruption, due to MACC being under the patronage of PMO, the MACC cannot do anything against him, right?
Syahmeizy: Not correct.
Gobind: In this case, it was stated in the investigation that Muhyiddin also withdrew a large amount of money from Bersatu’s account without permission, correct?
Syahmeizy: Not sure.
Gobind: You said you took statements from every party in the case?
Syahmeizy: Yes.
Gobind: The Bersatu president was Muhyiddin?
Syahmeizy: Correct.
Gobind: Was a statement recorded from Muhyiddin?
Syahmeizy: No.
The MACC officer denied that the antigraft agency was a political tool used against certain quarters or to protect certain individuals.
Syahmeizy added that he was only tasked with investigating the case of RM1 million allegedly withdrawn from Bersatu Youth’s account on the behest of Syed Saddiq.
‘Ihsan Sapuan’ does exist
Meanwhile, Syahmeizy testified that he had no idea whether an MACC officer known only as “Ihsan Sapuan” had ever met Syed Saddiq to express sympathy to the accused over the investigation against the lawmaker.
The MACC officer confirmed to Gobind that an officer with that name does exist in the MACC.
At this juncture, the lawyer proceeded to read out the transcript of an alleged conversation between Ihsan and Syed Saddiq that purportedly took place at the lawmaker’s house at Petaling Jaya on July 12 last year.
Gobind then read out part of the transcript that claimed Ihsan said Syed Saddiq did not abide by certain requests from unspecified people from above, to which the accused allegedly said he is not ‘pencacai politik’ and refused to sign any Statutory Declaration (SD) to support Muhyiddin.
The lawyer read a transcript that allegedly showed the accused telling Ihsan that it is wrong as he (Syed Saddiq) had been badgered by this for a year (as of early 2020).
Part of the transcript read out by Gobind allegedly had Ihsan admit that the MACC became a victim and a tool when the change of government from the Pakatan Harapan administration to the Perikatan Nasional happened two years ago.
“I also wish to say that I am on YB (Syed Saddiq) side. I follow YB on IG (Instagram). YB can do work, but YB is a victim. Like a middleman, we are done here then,” Gobind read out the transcript of the alleged conversation.
Syahmeizy then testified he does not know about any such conversation between the accused and Ihsan.
Proceedings before trial judicial commissioner Azhar Abdul Hamid will resume this afternoon as well as tomorrow morning.
The court later allowed the one-hour audio recording of the alleged conversation to be played out, and then allowed it to be labelled as IDD rather than be tendered as an exhibit.
Under the trial procedure, an IDD or Identified Document has less weight for court consideration in a case compared to a full tendered exhibit.
It is not known at present whether Ihsan would be called as a witness in the trial.
The four charges
Syed Saddiq is on trial over four charges.
In one of the four charges, namely for criminal breach of trust (CBT), Syed Saddiq, 29, is accused of withdrawing RM1 million via a CIMB Bank Berhad cheque in his capacity as then Bersatu Youth chief 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 is 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, involving 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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