SYED SADDIQ BIN SYED ABDUL RAHMAN

SYED SADDIQ BIN SYED ABDUL RAHMAN

The court found that prosecution proved beyond reasonable doubt that the accused, as ARMADA leader and co-trustee, instructed unauthorized withdrawal of RM1,000,000 from ARMADA funds in breach of party financial rules and that the accused misappropriated RM120,000 fundraising proceeds by transferring them to his personal account and subsequently RM100,000 into his ASB account; those acts constituted criminal breach of trust and criminal breach under the Penal Code and money laundering under s4(1)(b) Akta 613, warranting conviction on all four counts.

Citation
WA-45-23-11/2021 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: SYED SADDIQ BIN SYED ABDUL RAHMAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 November 2023
Case Number
WA-45-23-11/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Conviction and Sentencing (judgment Delivered)
Outcome
Accused convicted on all four counts
Legal Topics
Criminal Breach of Trust (s406), Criminal Breach (s403), Money Laundering (s4(1)(b) Akta 613), Accessory Liability (s107/s108), Procedural Standard of Proof
Source Language
Malay/English
Criminal Law Anti Money Laundering Law Election/party Finance Regulation Criminal Breach of Trust (s406) Criminal Breach (s403) Money Laundering (s4(1)(b) Akta 613) Accessory Liability (s107/s108) Procedural Standard of Proof

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

SYED SADDIQ BIN SYED ABDUL RAHMAN

Accused

Procedural Posture

Criminal Trial / Conviction and Sentencing (judgment Delivered)

Legal Issues

  1. 1 Whether the RM1,000,000 belonged to ARMADA
  2. 2 Whether the accused was a trustee/authorized holder of the funds
  3. 3 Whether the accused instructed the withdrawal of RM1,000,000 without required party approval

Ratio Decidendi

The court found that prosecution proved beyond reasonable doubt that the accused, as ARMADA leader and co-trustee, instructed unauthorized withdrawal of RM1,000,000 from ARMADA funds in breach of party financial rules and that the accused misappropriated RM120,000 fundraising proceeds by transferring them to his personal account and subsequently RM100,000 into his ASB account; those acts constituted criminal breach of trust and criminal breach under the Penal Code and money laundering under s4(1)(b) Akta 613, warranting conviction on all four counts.

Court Disposition

Accused convicted on all four counts

Orders

  • Pertuduhan pertama: Imprisonment 3 years and one stroke of the rotan/cane.
  • Pertuduhan kedua: Imprisonment 2 years and one stroke of the rotan/cane.