The High Court was told that former Angkatan Bersatu Anak Muda (Armada) chief Syed Saddiq Syed Abdul Rahman and former assistant treasurer Rafiq Hakim Razali had acted in the best interest of Armada at all times, in accordance with their responsibilities under Bersatu's constitution.
Syed Saddiq's counsel Gobind Singh Deo said in court on Monday (April 10) that it is not disputed that Rafiq Hakim had withdrawn RM1mil from the Armada's CIMB account for the purpose of distributing aid for Covid-19, Ramadan, Hari Raya and the welfare of the people impacted during the movement control order in 2020.
"Article 4.2 of Armada's Regulations states that the purpose of the establishment of Armada was, inter alia, to organise activities to achieve the purpose and objectives of Bersatu.
"According to Article 6.10 of Bersatu's constitution, the purpose and objectives of Bersatu include 'fighting for social justice, distributing the nation's wealth fairly and equitably, ensuring the welfare of people and eradicating poverty regardless of race and religion', this shows that both of them had acted according to the party's objectives," said Gobind.
Gobind said at no time was the impugned RM1mil in the direct custody and control of Syed Saddiq personally and neither had any of the same been spent by him personally.
"The monies were utilised for welfare and were distributed on request on an ad hoc basis to those in need and was done through Rafiq Hakim as well as other members of Armada. There was no single evidence pointed out that the monies were used for Syed Saddiq's or Rafiq's personal use.
"No members of the prosecution have offered any explanation about this most crucial fact. Every single witness – even the prosecution witness – has given evidence said the monies were used for its purpose," said Gobind during the oral submission at the end of Syed Saddiq's defence case
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Syed Saddiq was charged with abetting Rafiq Hakim, who was entrusted with RM1mil in funds belonging to the wing, to commit criminal breach of trust (CBT) by misappropriating the funds at CIMB Bank Bhd, Menara CIMB KL Sentral here, on March 6, 2020.
Gobind further submitted that the onus is on the prosecution to prove the element of CBT had been committed by Rafiq Hakim, or else the case will collapse as Syed Saddiq was charged with abetting with him.
"It is our respectful submission that without evidence of misappropriation on the part of Rafiq Hakim, the allegation of dishonesty against him in the charge crumbles, resulting in an instant failure on the part of the prosecution to prove abetment against Syed Saddiq for the same exact offence.
"There is no allegation of CBT at all established against Rafiq Hakim nor is there established the allegation of dishonest misappropriation on the part of Syed Saddiq," he said.
Syed Saddiq was also charged with misappropriating RM120,000 from the Maybank Islamic Bhd account belonging to Armada Bumi Bersatu Enterprise by causing Rafiq Hakim to dispose of the money at Malayan Banking Bhd, Jalan Pandan 3/6A, Taman Pandan Jaya here between April 8 and 21, 2018.
He also faces two counts of engaging in money-laundering activities, namely two transactions of RM50,000 each believed to be proceeds from unlawful activities, from his Maybank Islamic Bhd account into his Amanah Saham Bumiputera account at a bank in Jalan Persisiran Perling, Taman Perling, Johor Baru, on June 16 and 19, 2018.
The submission before Judge Datuk Azhar Abdul Hamid continues on Tuesday (April 11).
