By Danial Dzulkifly
PUTRAJAYA, March 20 — The Court of Appeal has set April 17 for the continuation of Muar MP Syed Saddiq Syed Abdul Rahman’s appeal hearing, where the prosecution argued today that he acted with “malicious intent” in abetting the withdrawal and misappropriation of RM1 million from Bersatu’s youth wing Armada.
Senior deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin told the court the prosecution needs more time to make submissions, which was allowed by the three-member appellate bench led by Datuk Ahmad Zaidi Ibrahim and comprising Datuk Azman Abdullah and Datuk Noorin Badaruddin.
The panel then adjourned today’s proceedings.
Earlier, Wan Shaharuddin argued Syed Saddiq had knowingly instructed former Armada assistant treasurer Rafiq Hakim Razali to withdraw the funds, fully aware the move was politically motivated and pursued with malicious intent.
“The testimony of SP11 (former Armada assistant secretary Ahmad Redzuan Mohamed Shafi) and SP13 (Rafiq) clearly indicates the appellant was concerned about a leadership change within Bersatu or Armada before the withdrawal of RM1 million.
“We submit that this demonstrates the appellant’s malicious intent behind the withdrawal.
“The appellant appeared to treat Armada’s funds as if they were his own, using them at will without documentation or approval.
“He also did not inform SP13 about whether he had obtained authorisation from any party before making the withdrawal. In reality, SP13 was merely a tool for the appellant.
“Similarly, members of the ‘Value Add’ WhatsApp group were also used as instruments to clear the appellant’s image, to the extent he was willing to drag his innocent parents into a problem of his own making,” Wan Shaharuddin said in his submission to the court.
The prosecution emphasised that the withdrawal’s timing — immediately after the Sheraton Move in late February 2020 — was significant, as the political upheaval led to the fall of the then Pakatan Harapan government.
The prosecution also highlighted that the defence did not contest Rafiq’s testimony, which confirmed a meeting between him, Syed Saddiq, and Redzuan at Rafiq’s residence after the Sheraton Move.
The prosecution argued the instruction was given two to three days after the Sheraton Move.
It contended Rafiq would not have withdrawn the RM1 million without Syed Saddiq’s direct instruction and that only he, Syed Saddiq, and Redzuan knew Rafiq was keeping the cash after its withdrawal on March 6, 2020.
The prosecution also said the defence did not dispute Rafiq’s testimony that the RM1 million withdrawal was for Syed Saddiq’s political benefit.
“According to SP13, the connection between the Sheraton Move and the RM1 million withdrawal on March 6, 2020, was an effort to secure political mileage for the appellant,” the prosecutor said.
Wan Shaharuddin also pointed to Rafiq and Redzuan’s testimonies that Armada funds were not meant to be used solely for Syed Saddiq’s political survival, but could be accessed by any Armada member.
“The appellant cannot justify using the Armada funds as his own hard-earned money or cite concerns about internal turmoil after the Sheraton Move as an excuse.
“Any funds in Armada’s account belonged to the organisation, and SP13 should have recognised that withdrawing the money for this purpose was unlawful.
“SP13 even admitted he had been caught in the scheme, but without Syed Saddiq’s direct instruction, he would not have taken such an action,” said Wan Shaharuddin.
Syed Saddiq was convicted by the High Court in October of abetting in criminal breach of trust for withdrawing RM1 million from Armada’s bank account in March 2020.
He was also found guilty of misusing RM120,000 in party donations for personal use and sentenced to seven years in prison, a RM10 million fine, and two strokes of the cane.