KUALA LUMPUR: Muar member of parliament Syed Saddiq Syed Abdul Rahman is the first politician to face a whipping sentence after being found guilty of corruption.
The High Court sentenced him to three years jail term and one stroke of the cane for abetting criminal breach of trust involving RM1 million of the Bersatu Youth (Armada)'s funds.
The 31-year-old former minister is also facing two years imprisonment and one stroke of the cane misusing property for himself, namely RM120,000 from the Maybank Islamic Bhd account belonging to Armada Bumi Bersatu Enterprise.
Judge Datuk Azhar Abdul Hamid also imposed two years imprisonment and a fine of RM10 million in default four years for two money laundering charges.
However, Syed Saddiq is now safe from the sentence as the court allowed his application for a stay of execution pending appeal.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin confirmed this when contacted.
According to Section 289(c) of the Criminal Procedural Code (CPC), whipping is a mandatory sentence for criminal breach of trust charges with exceptions granted for special circumstances such as women and individuals aged 50 years and above.
Former prime minister Datuk Seri Najib Razak who was found guilty of the same charge of misappropriating funds belonging to SRC International Bhd, was spared from the whipping due to his age.
According to Section 288(3) of the CPC, a cane with a diameter exceeding half an inch is mandated for serious crimes.
Conversely, Section 288(4) of the same Code prescribes the use of a lighter cane for white collar offenders, akin to school discipline.
Syed Saddiq when met after the proceeding, said he accepted the court's ruling and will continue his fight to clear his name at the Court of Appeal.
"I accept it with an open heart. As a lawmaker, I am fully confidence with our judiciary system.
"My lawyers told me we have a good case to appeal at the appellate court soon.
"As a politician, I need to become whiter than white," he said during a press conference here.
Syed Saddiq also said he would make announcement regarding his position as Muda president and Muar member of parliament during a press conference at the party's headquarters at 5pm.
"In regard to my position as Muda president, I have made up my mind... I will announce this during the press conference later.
"This is a matter of principle... I cannot preach something else and do something else," he added.
As soon as he concluded the press conference, Syed Saddiq embraced his parents, who had been present throughout the entire proceedings.
His mother Shariffah Mahani Syed Abdul Aziz was seen wiping away tears and being comforted by family members.
Syed Saddiq's lead defence counsel Gobind Singh Deo said they would file their appeal today.
Earlier, the court handed out the sentence after the defence failed to cast reasonable doubt against the prosecution's case.
On Oct 28, 2022, Syed Saddiq was ordered to enter his defence after the court ruled that the prosecution had successfully adduced credible evidence proving each essential ingredient of the offences.
On July 22, 2021, Syed Saddiq was charged, as the then Parti Pribumi Bersatu Malaysia Armada wing chief who was entrusted with control of Armada funds, with abetting Bersatu assistant treasurer Rafiq Hakim Razalifor in committing criminal breach of trust (CBT) involving RM1 million of the organisation's funds.
He is also charged with misusing property for himself, namely RM120,000 from the Maybank Islamic Bhd account belonging to Armada Bumi Bersatu Enterprise, by causing Rafiq to dispose of the money.
He is facing two counts of engaging in money laundering in two transactions of RM50,000, believed to be proceeds of unlawful activities, from his Maybank Islamic Bhd account into his Amanah Saham Bumiputera account.