Court of Appeal upholds acquittal of ex-DBKL executive director over abuse of power

PUTRAJAYA: The Court of Appeal here today upheld the acquittal of former Kuala Lumpur City Hall's (DBKL) executive director Datuk Seri Syed Afendy Ali Syed Abid Ali on eight counts of abuse of power in the acquisition of eight units of condominiums totalling almost RM2 million, nine years ago.

The three-panel judge led by Datuk Seri Kamaludin Md Said dismissed the prosecution's appeal to set aside the Kuala Lumpur High Court's decision, which had acquitted and released Syed Afendy Ali, 60, of the charges.

Judge Kamaludin, in a unanimous decision, said the court found the appellant's grounds put forward in the appeal could not convince the court to find the High Court judge had erred in giving a decision to set aside the Sessions Court's judge's findings.

He added that the Court of Appeal would not interfere with the findings made by the High Court judge, who found that no prima facie case had been proved under Section 165 of the Penal Code against Syed Afendy Ali.

"Therefore, the appeal by the prosecution is dismissed and the High Court's decision was upheld," said Kamaludin, who sat with Datuk Lee Heng Cheong and Datuk Ahmad Zaidi Ibrahim.

Upon hearing the verdict, Syed Afendy Ali fell on his knees and bowed in gratitude, before leaving the court.

On Nov 27, 2020, High Court Judge Datuk Collin Lawrence Sequerah acquitted Syed Afendy Ali after allowing his his appeal against the eight-month jail sentence and RM80,000 fine imposed by the Sessions Court on March 20, 2018.

Judge Sequerah ruled that the prosecution had failed to prove the elements 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.

Based on the first to eight charges, Syed Afendy Ali, who was then DBKL's Economic Planning and Development Department (JPEPP) director was charged with using his position to secure eight units of a condominium in Bandar Sri Permaisuri, Bandar Tun Razak here.

The assets from Danau Lumayan Sdn Bhd worth RM249,990 each were meant for four people, namely Minah Abdullah, Mazwan Amin Mohd Noor, Syed Ashraf Ali Syed Afendy Ali and Rodziah Abd Samad.

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 a fine, or both if convicted.

Deputy Public Prosecutor Ahmad Akram Gharib prosecuted while lawyer Hamidi Mohd Noh represented Syed Afendi Ali.

-- BERNAMA