The RM1 million in funds from Bersatu was used for the welfare of the people and not for the personal benefit of the party’s then-youth chief Syed Saddiq Syed Abdul Rahman, his counsel submitted.
“A sum of RM1 million was withdrawn from Armada’s account to assist with Covid-19, Ramadan, Raya, and welfare assistance,” said Gobind Singh Deo at the High Court in Kuala Lumpur this morning.
The lawyer was speaking during oral submissions at the end of the defence in the RM1.12 million misappropriation case against Syed Saddiq (above).
He pointed out that when the RM1 million was withdrawn on March 6, 2020, Malaysians were suffering from the effect of the Movement Control Order (MCO) which was imposed by the government to tackle the spread of the Covid-19 pandemic.
He said the MCO resulted in adverse effects on the people’s livelihoods, whether health-wise or economically.
Gobind also submitted that Article 6.10 of Bersatu’s constitution states that among the party’s purposes and objectives is to safeguard social justice, distribute the nations’ wealth fairly and equitably, uphold the people’s welfare, and banish poverty regardless of race and religion.
The lawyer noted that Article 4.2 of Bersatu Youth (Armada)’s regulations states that its purpose is to conduct activities to achieve the purpose and objectives of Bersatu.
He added that at no time was the RM1 million in the direct custody and control of Syed Saddiq personally nor spent by him personally.
Meanwhile, in relation to the RM120,000 which formed part of the criminal charges, Gobind told the court that the amount, transferred into Syed Saddiq’s account, was his personal funds and not party money.
The lawyer contended that the funds went into Syed Saddiq’s account from Armada Bumi Bersatu Enterprise (ABBE), a private business entity not related to Bersatu.
Failed to prove misappropriation, lawyer says
Gobind also pointed out that the prosecution witness and former Bersatu Youth treasurer Rafiq Hakim Razali had conceded during cross-examination that the RM120,000 was for Syed Saddiq’s own use and did not belong to the party.
He noted that the prosecution failed to prove any misappropriation took place as they failed to provide evidence that Rafiq committed any misappropriation, which meant that Syed Saddiq could not have been involved in abetting Rafiq in the alleged offence.
Two of the charges against Syed Saddiq accused him of abetting Rafiq in wrongdoing involving the RM1.12 million.
Proceedings before trial judge Azhar Abdul Hamid resumes tomorrow, with lead deputy public prosecutor Wan Shaharuddin Wan Ladin expected to mount his counter-submissions against the defence’s contention.
Syed Saddiq is on trial over one count of abetting in criminal breach of trust (CBT), one count of misappropriation of assets and two counts of money laundering linked to the RM1.12 million.
He was charged as the then Bersatu Youth chief - entrusted with control of its funds - with abetting Rafiq with CBT of RM1 million belonging to the political wing, at CIMB Bank Bhd, Menara CIMB KL Sentral, Jalan Stesen Sentral 2, on March 6, 2020.
The charge under Section 406 of the Penal Code specifies imprisonment of up to 10 years with whipping and is liable to a fine.
The 30-year-old was also charged under Section 403 of the Penal Code for purportedly misusing RM120,000 from the Maybank Islamic Bhd account belonging to Armada Bumi Bersatu Enterprise, for himself by causing Rafiq to dispose of the money at Malayan Banking Bhd, Jalan Pandan 3/6A, Taman Pandan Jaya, between April 8 and 21, 2018.
The Muar MP faces imprisonment for up to five years with whipping and is liable to a fine over this charge.
He also faces two counts of engaging in money-laundering activities, namely two transactions of RM50,000 each believed to be the proceeds from unlawful activities, from his Maybank Islamic Bhd account into his Amanah Saham Bumiputra account at a bank in Jalan Persisiran Perling, Taman Perling, Johor Bahru, on June 16 and 19, 2018.
The charge was framed under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001 which provides jail time up to 15 years and shall also be liable to a fine of not less than five times the sum or value of the proceeds of the unlawful activity, upon conviction.
Court processes
On March 14, Syed Saddiq’s defence team closed its case in the former Bersatu Youth chief’s criminal trial linked to RM1.12 million of party funds. Five defence witnesses, including Syed Saddiq, took the witness stand.
On Oct 28 last year, Azhar ordered the former youth and sports minister to enter his defence over one count of abetting in CBT, one count of misappropriation of assets, and two counts of money laundering.
Earlier, on Sept 27 last year, the prosecution team closed its case after calling 30 witnesses in the trial, which began on May 21, 2022.
Besides Syed Saddiq’s parents and Rafiq, among the prosecution witnesses were MACC investigating officers Nurul Hidayah Kamarudin, Syahmeizy Sulong, and Asbi Munip. - Mkini
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