The Court of Appeal was told on Monday that the rape conviction against celebrity preacher Da’i Syed was unsafe and should be overturned due to weaknesses in the prosecution’s case, particularly on the issue of consent.
Lawyer Datuk M.M. Athimulan, representing Da’i Syed, argued that evidence presented by the prosecution itself showed several circumstances suggesting the sexual relationship between his client and the complainant was consensual.
He submitted before a three-member Court of Appeal bench comprising Datuk Azman Abdullah, Datuk Mohd Radzi Abdul Hamid, and Datuk Meor Hashimi Abdul Hamid that the first Sessions Court judge had found the complainant’s conduct before and after the incident indicated consent.
Athimulan said the Sessions Court had initially acquitted Syed Shah Iqmal Syed Mohd Shaiful, better known as Da’i Syed, at the close of the prosecution’s case without calling for his defence.
However, he said the High Court later overturned that decision after ruling that the prosecution had established a prima facie case, ordering Da’i Syed to enter his defence.
The celebrity preacher was subsequently found guilty by a different Sessions Court judge.
Athimulan argued that the second Sessions Court judge erred by failing to properly evaluate the evidence from both the prosecution and the defence, resulting in a miscarriage of justice.
He further submitted that Da’i Syed had never forced the complainant to go to his house, adding that she had opportunities to leave but chose to remain.
The defence also pointed to Instagram conversations after the incident, claiming the messages—initiated by the complainant—did not contain allegations of rape but instead indicated she wanted to meet Da’i Syed again, while he repeatedly replied that he was busy.
Da’i Syed, 31, is appealing against his conviction and sentence of 10 years’ imprisonment and three strokes of the cane for raping a 23-year-old woman at a condominium in Shah Alam at about 1.35am on September 11, 2019.
On January 23, the High Court dismissed his appeal and upheld the Sessions Court’s conviction, prompting him to bring the case before the Court of Appeal. The prosecution has also filed a cross-appeal against the sentence.
Meanwhile, Deputy Public Prosecutor Iznina Hanim Hashim argued that witness testimony supported the prosecution’s case that the complainant had been raped.
She said evidence also showed the complainant suffered depression and behavioural changes following the incident, with hospital records indicating that the alleged sexual assault was among the contributing factors to her condition.
Iznina Hanim further argued that the complainant’s decision to follow the appellant to his house, remain there after discovering no one else was present, or delay lodging a police report did not amount to consent.
She also submitted that it was not easy for the complainant to report the incident because the accused was a well-known religious preacher.
The Court of Appeal has postponed proceedings and fixed August 17 for case management to determine the date for its decision.
Defence lawyer Mohamed Baharudeen Mohamed Ariff later told reporters that the court will decide at a later date whether to uphold or overturn the conviction. If the conviction is upheld, both the defence and prosecution will then present arguments on sentencing.
