KUALA LUMPUR: Muar Member of Parliament Syed Saddiq Syed Abdul Rahman has succeeded in his application to transfer his criminal breach of trust (CBT), misappropriation of funds and money laundering trial from the Sessions Court to the High Court.
Judge Mohamed Zaini Mazlan said there were unusual questions of law that will likely arise during trial and it would be expedient for the cases to be heard in the High Court instead.
He delivered his brief decision after hearing submissions from lawyer Gobind Singh Deo who represented Syed Saddiq and deputy public prosecutor Wan Shaharuddin Wan Ladin.
Earlier, during submissions, Zaini agreed with Gobind that the constitutional issues from the case might arise and those issues would not be answered by the Sessions Court.
In such a circumstance, he said the questions would then be referred to the High Court.
"If the trial starts here at the High Court, the court will be able to answer the issues on constitutionality, it's like a one-stop centre," Zaini said.
Syed Saddiq filed his bid to transfer his case on Aug 19, on grounds that there were consititutional issues that will arise from his case and it was more appropriate to be tried in the High Court.
He had also applied for a stay of the proceedings in the Sessions Court pending the outcome of his application.
Syed Saddiq was charged in his capacity as Parti Pribumi Bersatu Malaysia (Bersatu) Youth (Armada) chief, who had been entrusted with control of the Armada fund, with committing CBT by withdrawing RM1 million through a CIMB Bank Berhad cheque without obtaining permission from the Bersatu Supreme Leadership Council.
He was alleged to have committed the offence at a CIMB Bank Berhad branch at Menara CIMB KL Sentral, Jalan Stesen Sentral 2, here, on March 6, 2020.
The offence, under Section 405 of the Penal Code, carries a maximum 10 years jail with whipping, and fine.
The former youth and sports minister also faces a charge of misusing RM120,000 in donations meant for the GE14 campaign collected through the Maybank Islamic Berhad account owned by Armada Bumi Bersatu Enterprise.
He was accussed of committing the offencd at Maybank Islamic Berhad, Taman Pandan Jaya here between April 8 and April 21, 2018.
The offence, under Section 403 of the Penal Code, carries a maximum five years jail with whipping and fine.
Syed Saddiq also faces two counts of engaging in money laundering activities, namely two transactions of RM50,000 from his Maybank Islamic Berhad account into his Amanah Saham Bumiputera account, which is believed to be proceeds of illegal activities.
He was alleged to have committed the acts at a bank in Jalan Persisiran Perling, Taman Perling here on June 16 and June 19, 2018.
The charges under Section 4 (1) (b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 carries a maximum 15 years jail and a fine of not less than five times the amount or proceeds of illegal activities.