KUALA LUMPUR – Syed Saddiq Syed Abdul Rahman, who was found guilty of all four criminal charges, earlier today, will get to keep his MPship until he has exhausted all avenues of appeal, but not his Muda presidency.
According to Article 48(4)(b) of the Federal Constitution, Syed Saddiq retains his Muar parliamentary seat, as his disqualification only comes into effect when a final decision is made by the highest court in the land.
In his case, the appeal would first go to the Court of Appeal, and later Federal Court, if the appellate court upholds the High Court’s decision.
He is also allowed to attend parliamentary sittings, including debates and vote in any motions.
However, Syed Saddiq is unable to maintain his role as Muda president due to the provisions under Section 9 of the Societies Act 1966, according to his counsel Gobind Singh Deo.
Syed Saddiq was found guilty of one count of criminal breach of trust, where he is guilty of abetting former Armada assistant treasurer Rafiq Hakim Razali, who was entrusted with RM1 million of Armada’s funds, to commit the offence by misappropriating the funds, under Section 406 of the Penal Code, which carries a maximum sentence of 10 years imprisonment, along with possible caning and a fine if found guilty.
He was also found guilty of one count of misappropriating Armada Bumi Bersatu Enterprise funds amounting to RM120,000 by causing Rafiq to dispose of the funds under Section 403 of the same Code, carrying a maximum of five years imprisonment with strokes of rotan and a fine upon conviction.
The high court also found him guilty of two charges of allegedly being engaged in money laundering involving two transactions of RM50,000, each believed to be proceeds from unlawful activities, under Section 4(1) of the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
After finding Syed Saddiq guilty on all four charges today, high court judge Datuk Azhar Abdul Hamid sentenced him to nine years in jail, two whips, and a RM10 million fine.
However, he is to serve a total of seven years in jail, as the sentences for money laundering will run concurrently.
This makes Syed Saddiq the first elected representative and sitting MP to have been sentenced to whipping, according to deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin.
Wan Shaharuddin told Scoop that the whipping sentences, which is accorded for white-collar crimes, is only applicable to convicted men below 50 years of age, and is not mandatory as it is based on the court’s discretion.
Later, Syed Saddiq told a press conference that to be “leaders, you have to be whiter than white”.
“I know the position which I am in today, which is why I have personally made up my mind on what I intend to do about my position as the president of Muda. If I don’t stand by my principles, then I have abandoned the very reason why I joined politics.”
Muda is expected to announce its decision on Syed Saddiq’s presidency later this afternoon. – November 9, 2023