PUTRAJAYA: Muar member of parliament Syed Saddiq Syed Abdul Rahman has today filed a petition of appeal to set aside his conviction and sentence in his criminal breach of trust (CBT) case.
The former Malaysian United Democratic Alliance president is also seeking the court to acquit and discharge him from all four charges, which include CBT, misappropriation of assets, and money laundering.
This came after he was sentenced to seven years in jail and two strokes of the rotan for abetting CBT, misappropriation of property and two counts of money laundering as well as a RM10 million fine.
In the petition filed via Messrs Wong Kian Kheong, the 32-year-old politician said Kuala Lumpur High Court judge Datuk Azhar Abdul Hamid, who presided over the trial, had erred in law or in fact when convicting him and ruling there was a prima facie case in all four charges.
Syed Saddiq said the judge erred when he ruled that the defence had failed to raise reasonable doubt and judicially appreciate their case in all four charges.
"The judge erred in failing to decide that even if all the prosecution evidence is unrebutted or unexplained, there was no offence as per the four charges.
"The judge erred when he failed to assess the credibility of the prosecution witness, especially SP13," he said, referring to former Bersatu Youth assistant treasurer Rafiq Hakim Razali.
"The delivery of the grounds of judgment some 13 months after the decision has compromised the visual audio advantage enjoyed by the judge.
"The delay has caused prejudice to me in that aspects of the evidence that spoke in favour of the defence were not considered at all," he said.
Syed Saddiq also said in the assessment of the defence case, the judge committed appealable errors such as not considering all evidence as required by the law, complete non-consideration of defence exhibits and evidence that spoke in favour of him as well as no fair and just assessment.
The judge, he said, failed to appreciate his defence which was not a mere denial but was a challenge coupled with an explanation supported by credible evidence.
"Had the judge considered all the evidence, he would have found that I had raised a reasonable doubt in respect of all the four charges.
"I have been denied a fair trial due to the many appealable errors committed by the judge.
"I, therefore, pray that my convictions and sentences be set aside and that I be acquitted and discharged.
"In the further alternative, I contend that the sentences imposed were manifestly excessive and not in accord with the acceptable sentencing principles," he said.
In November last year, the court sentenced the former Malaysian United Democratic Alliance president to three years' jail and one stroke of the cane for abetting CBT involving RM1 million of the Armada's funds. (hyperlink: )
He faced two years imprisonment and one stroke of the cane for misusing property for himself, namely RM120,000 from the Maybank Islamic Bhd account belonging to ABBE.
Syed Saddiq was also sentenced to two years in jail and a fine of RM5 million in default two years jail for each money laundering charge. The court ordered the sentence to run concurrently.
However, the court granted his application for a stay of execution pending an appeal, allowing him to delay the sentence.
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.