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MUAR MP Syed Saddiq Syed Abdul Rahman’s defence team launched a vigorous attack on the High Court’s decision today, arguing that the conviction for criminal breach of trust (CBT) was a grave error and a serious miscarriage of justice.
During the appeal hearing at the Court of Appeal, Syed Saddiq’s lead counsel, Datuk Hisyam Teh Poh Teik, contended that the lower court had failed to properly assess the defence put forward by the Muar Member of Parliament.
Hisyam argued that the defence was not simply a denial, as claimed by the prosecution, but a robust challenge supported by a detailed explanation.
Hisyam explained that the lower court had erred in convicting Syed Saddiq for the misappropriation of RM1 million from the Bersatu Youth wing (Armada) funds.
The defence asserts that Syed Saddiq had never instructed his former assistant treasurer, Rafiq Hakim Razali, or former Armada assistant secretary, Ahmad Redzuan Mohamed Shafi, to withdraw any funds from the organisation's account.
Rafiq Hakim was a key witness in the prosecution's case, particularly regarding two of the four charges against Syed Saddiq: the criminal breach of trust case and the misappropriation of RM120,000 in funds.
Hisyam argued that there was no private discussion between Syed Saddiq and the two men during the meeting in question, in which funds were withdrawn for Covid-19 and Hari Raya Aidilfitri purposes. Instead, the decision to withdraw funds was made collectively by the top five office bearers of Armada (G5).
"It was the collective decision of the G5 that monies should be withdrawn for these purposes. Rafiq Hakim was tasked by the G5 to discuss the specific amount needed with the relevant Armada executive committee members," Hisyam explained to the three-member bench led by Datuk Ahmad Zaidi Ibrahim.
Hisyam claimed that the trial judge had failed to take into account the pressure Rafiq Hakim faced during the investigation. He suggested that it was highly likely Rafiq tailored his testimony to satisfy the Malaysian Anti-Corruption Commission (MACC), under duress.
The defence lawyer also referred to testimony from Syed Saddiq’s former assistant, Siti Nurul Hidayah Shaziman, who had claimed that she was physically threatened by MACC officers during her interrogation. Hidayah had even lodged a police report over the alleged mistreatment.
"Additionally, Syed Saddiq had written to the MACC chief commissioner on June 5, 2020, to complain about the improper treatment of Hidayah.
"It cannot be dismissed that Rafiq Hakim may have been coerced into providing evidence against the appellant due to the oppressive interrogation tactics used by the authorities," Hisyam stated.
He argued that the trial judge had failed to consider these factors, which amounted to a serious misdirection in the case.
In November 2023, the High Court had sentenced Syed Saddiq to three years in prison and one stroke of the cane after finding him guilty of abetting the CBT involving RM1 million of Armada’s funds. Following the conviction, Syed Saddiq filed an appeal against the decision in December 2023.
Today’s proceedings are part of the ongoing efforts to overturn the original conviction, with Syed Saddiq’s legal team insisting that justice has not been served in this case. – March 19, 2025