by BERNAMA / pic by BERNAMA
FORMER Kuala Lumpur City Hall (DBKL) executive director Datuk Seri Syed Afendy Ali Syed Abid Ali (picture) could not hold back his tears after the High Court here today set aside the guilty verdict, eight-month jail and RM80,000 fine imposed on him by a lower court for abusing his power to obtain eight condominium units, worth about RM2 million seven years ago.
Upon hearing the verdict, Syed Afendy Ali 58, who was in the dock, fell on his knees and bowed in gratitude, before the court.
Judge Collin Lawrence Sequerah, in allowing the appeal by the 58-year-old appellant, ruled that the prosecution had failed to prove the elements of the charges against Syed Afendy Ali.
The prosecution failed to prove the element in Section 165 of the Penal Code that Syed Afendy Ali received the condominium units for the individuals referred to in the charge, he said.
“The court allowed the appeal and the fine to be refunded to the appellant,” he said.
Syed Afendy Ali had appealed the sentence and fine imposed on him by the Sessions Court on March 20, 2018 after finding guilty on eight counts of abuse of power in the acquisition of eight condominium units, totalling almost RM2 million.
The then DBKL Economic Planning and Development Coordination Department (JPEPP) director was charged with abusing his power to acquire eight condominium units in Bandar Sri Permaisuri, Bandar Tun Razak here.
The assets, worth RM249,990 each, from Danau Lumayan Sdn Bhd were for four individuals, namely Minah Abdullah, Mazwan Amin Mohd Noor, Syed Ashraf Ali Syed Afendy Ali and Rodziah Abd Samad.
He was charged with committing the offences at the JPEPP director’s office here between Sept 6, 2013 and Oct 16, 2014 under Section 165 of the Penal Code which carries a maximum jail term of two years or fine or both, upon conviction.
Judge Allaudeen Ismail handed down the sentence after finding that the defence failed to prove reasonable doubt against Syed Afendy Ali at the end of the defence case.
The court sentenced him to eight months’ jail and a fine of RM10,000, in default a year’s jail, for each charge and ordered the sentence to run concurrently.
The court, however, acquitted and discharged Syed Afendy Ali on a charge with using his position to acquire a three-storey shop office unit worth RM930,000 at the Danau Lumayan Avenue, Bandar Tun Razak from Danau Lumayan Sdn Bhd for Rodziah.
The charge came under Section 165 of the Code.
Syed Afendy Ali was also dismissed and acquitted from nine counts under the Anti-Money Laundering and Anti-Terrorism Financing Act (AMLATFA) Act 2001 (Act 613) involving a total of RM1.5 million.
Meanwhile, deputy public prosecutor Norzilati Izhani Zainal @ Zainol, when met by reporters, said the prosecution will appeal against today’s decision.