KUALA LUMPUR: Former Bersatu Youth (Armada) chief Syed Saddiq Syed Abdul Rahman had malicious intent when he instructed his subordinate to withdraw RM1 million from Armada's bank account, the High Court heard today.
Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin said the former minister had abused his friend's trust when he instructed former Bersatu assistant treasurer Rafiq Hakim Razali to withdraw the money.
"Withdrawing the money is not wrong but his (accused's) intent was wrong.
"Rafiq was just following orders. He (Syed Saddiq) decided to withdraw the money due to the political unrest at that time," he said.
Shaharuddin said this in his submissions in the Muar Member of Parliament's corruption trial for abetting criminal breach of trust (CBT), misappropriation of assets and money laundering involving funds from Armada.
Earlier, Shaharuddin contended that the accused never used RM120,000 for his political purposes, instead the money was transferred into his Maybank account.
"The accused also never told anyone that he used his own money as an upfront for his general election campaign.
"The defence failed to bring any documents, notes, or witnesses to support their claims.
"Based on statements in court, RM100,000 from the total amount was transferred into the accused's Amanah Saham Bumiputera (ASB) account," he said.
Syed Saddiq's lead counsel Gobind Singh Deo, in his submission yesterday, argued that the withdrawn money was meant for organising activities which coincided with the party's goals as well as to fight for social justice and safeguard the people's welfare.
Gobind also submitted that Syed Saddiq's charge under Section 405 of the Penal Code for abetting Rafiq in criminal breach of trust involving the RM1 million funds should be demolished, as the charge sheet explicitly states that Rafiq had acted dishonestly.
However, he said, the prosecution has not proffered any argument to suggest Rafiq had acted dishonestly, nor challenged any evidence that supported the facts that Rafiq was not dishonest in withdrawing and utilising the funds for the people's welfare, that constituted misappropriation.
Judge Datuk Azhar Abdul Hamid then reserved his judgment.
He said he would inform both parties when he was ready to deliver his verdict.
"Do not worry, I will not take long... my officer will inform both parties when the ruling is ready," he said.
Syed Saddiq, 30, is charged with one count of abetting Rafiq in criminal breach of trust involving RM1 million of the organisation's funds.
The court also ordered him to enter his defence against three other charges of misusing property for himself involving RM120,000 from a Maybank Islamic Bhd account belonging to Armada Bumi Bersatu Enterprise, by causing Rafiq to dispose of the money; and two counts of engaging in money laundering involving two transactions of RM50,000, believed to be proceeds of unlawful activities from his Maybank Islamic Bhd account into his Amanah Saham Bumiputera account.