Da’i Syed Acquitted of Rape in 2-1 Court of Appeal Ruling

The woman’s continued friendly contact with celebrity preacher Da’i Syed for months after the alleged incident, including asking to meet him again, was among the factors that led the Court of Appeal to overturn his rape conviction in a 2-1 decision on Wednesday (Nov 4), Sinar Harian reported. Bernama reported that the majority acquitted and discharged him.

Judges Datuk Azman Abdullah, who chaired the panel, and Datuk Mohd Radzi Abdul Hamid allowed the final appeal by Syed Shah Iqmal Syed Mohd Shaiful, 31, against his conviction and sentence of 10 years’ jail and three strokes of the cane imposed by the Shah Alam Sessions Court. Judge Datuk Meor Hashimi Abdul Hamid dissented.

Majority cites messages after incident

Delivering the majority decision, Azman said the court considered Instagram and WhatsApp messages between the woman and the preacher, which showed continued communication without any expression of anger, regret or sadness over the incident, according to Sinar Harian.

The majority noted that she had stayed the night at the premises and went home the next day, later messaging that she had arrived safely and trying to arrange another meeting, the report said.

The court also noted that the police report was lodged on Nov 25, 2020, some 441 days after the incident, after he had become less responsive to her messages and after a friend spread the matter on social media. It found the defence had raised a reasonable doubt, and that the lower court erred in accepting that the woman’s depression or naivety could negate her consent.

Dissenting judge would have upheld conviction

Meor Hashimi would have upheld the conviction and sentence, Bernama reported. According to Sinar Harian, he found that the preacher had taken advantage of the woman’s prolonged depression, that she did not consent, and that her depression explained why she kept messaging him afterwards.

He also said the delay in reporting was because she had no job or money for a lawyer and did not know the prosecution would handle the case, the report said.

Judge’s advice in Da’i Syed rape appeal

After the decision, Azman advised Syed Shah Iqmal not to abuse his popularity or take advantage of emotionally vulnerable people, saying such conduct could tarnish the reputation of those who project a religious image. “This advice is not directed solely at you,” the judge said.

Syed Shah Iqmal was seen weeping in the dock, while his wife, Hana Ismail, cried in the public gallery, Bernama reported.

He had pleaded not guilty on Dec 10, 2020, to raping a 23-year-old woman at a condominium unit in I-City, Section 7, Shah Alam, at about 1.35am on Sept 11, 2019. He was represented by Datuk Abu Bakar Isa Ramat.

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