Following the application by Gobind Singh Deo, who is representing the Muar MP and former minister, judicial commissioner Azhar Abdul Hamid told the defence and the prosecution to file submissions tomorrow.
Gobind said that the application was made because the prosecution had served the defence team with Rafiq’s witness statement but then decided not to use it in court.
“So the question is, when the prosecution didn’t use the witness statement and decided to read oral evidence from the witness, and we find that the witness’ oral evidence contradicts his witness statement which we had before, what procedure do we apply here? What do we do in circumstances like this?” he asked.
Earlier, during cross-examination, Gobind highlighted the contradiction in statements by Rafiq, the former Bersatu youth assistant treasurer, regarding the withdrawal of RM1 million from the youth wing’s bank account.
Gobind pointed out that in Rafiq’s statement to the Malaysian Anti-Corruption Commission (MACC), he had said Syed Saddiq ordered him and the youth wing’s assistant secretary, Ahmad Redzuan Mohamed Shafi, to withdraw the money but that Syed Saddiq did not specify the amount to them.
Rafiq had alleged in his statement that Syed Saddiq only told him the amount, which was RM1 million, in a subsequent phone call when he asked Syed Saddiq how much money needed to be withdrawn.
This contradicted his oral statement yesterday where he told the court that Syed Saddiq had asked him to withdraw RM1 million during a meeting at Syed Saddiq’s house in Petaling Jaya in March 2020.
Gobind: Do you agree with me that it contradicts what you said in court yesterday?
Rafiq: I agree.
Rafiq also agreed with Gobind that he had a problem with his memory.
Syed Saddiq is standing trial on four counts of CBT and money laundering. He is alleged to have misappropriated a total of RM1.12 million belonging to Bersatu.
Of the amount, RM120,000 is said to be party funds for the 2018 general election while RM1 million was allegedly withdrawn by him without top leadership consent.
He has also pleaded not guilty to two charges of money laundering amounting to RM50,000 each.