KUALA LUMPUR: Tears rolled down the cheeks of former Kuala Lumpur City Hall's (DBKL) executive director Datuk Seri Afendy Ali Syed Abid Ali as he walked-out of the court a free man.
Five years after he was charged with abusing his power to obtain eight condominium units with a value of almost RM2 million, the High Court today allowed his appeal against his conviction.
Syed Afendy, who appealed to set aside the guilty verdict, eight-month jail time and RM80,000 fine imposed to him by a lower court, tasted freedom after judge Collin Lawrence Sequerah ruled that the prosecution had failed to prove the elements of the charges against the 58-year-old appellant.
Sequerah said the prosecution had not succeeded in proving that the appellant had obtained the interests for the properties.
"I find that in all the circumstances of the case, the prosecution had failed to prove the ingredients of Section 165 of the Penal Code that the appellant had obtained for the people mentioned in the charges a valuable thing which was the interest of immovable properties mentioned in all the charges.
"The appeals therefore are allowed," he said.
The judge also ordered for the fine to be refunded to the appellant.
Syed Afendy upon hearing the verdict fell on his knees and bowed in gratitude, before the court.
He was represented by counsel Hamidi Mohd Noh.
Deputy public prosecutor Norzilati Izhani Zainal@Zainol said the prosecution intends to appeal against the decision.
On March 20, 2018, the Sessions Court sentenced Syed Afendy to eight months jail and fined him RM80,000 after finding him guilty of the offences.
The accused who was DBKL's Economic Planning and Development Department (JPEPP) director was charged in 2016 with eight counts of using his position to secure eight condominium units from Danau Lumayan Sdn Bhd worth RM249, 990 each which were meant for four people- Minah Abdullah, Mazwan Amin Mohd Noor, Rodziah Abd Samad and Syed Ashraf Ali Syed Afendy Ali.
The offences were allegedly committed at the JPEPP office between Sept 6 and Oct 16, 2014. He was charged under Section 165, which carries a jail term of two years or fine, or both, if convicted.
The Sessions Court had also previously acquitted and discharged Syed Afendy of a charge of using his position to secure a three-storey shop lot worth RM930, 000 from the same developer for Rodziah while he was the deputy secretary in DBKL's Finance Department in 2009.
He was also freed of nine other counts under the Anti-Money Laundering and Anti-Terrorism Financing Act (Amlatfa) 2001, involving RM1.5 million.