Brothers cleared in Muslim school fraud trial

as posted here

Two directors of a Muslim girls school in Kenwick have been cleared on charges they stole $355,000 of federal and state funds and transferred the money to Afghanistan.

The jury took just over two hours to reach their not guilty verdicts for brothers Anwar Sayed, 50, and Zubair Sayed, 33.

Flanked by their lawyers and friends, the two men rejoiced at their acquittals.

Anwar Sayed gave a triumphant wave and said he was "relieved" the trial had ended in his favour while Zubair Sayed said he felt "vindicated" by the verdict.

The brothers had pleaded not guilty to stealing more than $355,000 in April 2007 from the company which ran the Muslim Ladies' College of Australia.

The school was situated in Bickley Road on land owned by Anwar Sayed.

Zubair Sayed transferred the money from a bank in Cannington to a Pakistani bank account which his older brother - who was overseas at the time - could access so he could set up a school in Afghanistan.

The case against the two men - who were both directors of Muslim Link Australia - was based on claims Anwar Sayed had no legal entitlement to the money and that he did not have a genuine belief that he was allowed to withdraw the funds from the company account.

Prosecutors during the trial - which started last Monday - told the jury that documents showing Anwar Sayed was to be paid deferred salary and rent were fake, and that he did not inject enough of his own money that was covered by the $355,000 withdrawal.

The State also claimed the public funding from the Commonwealth and State governments was to help keep the Kenwick school running and to improve the facilities, and not to help set up another school in Afghanistan.

Prosecutor Alan Troy also accused the men of concealing the transfer by taking the funds without notifying key people within the school and company.

Defence lawyers for the brothers argued the Commonwealth funding was only for ''recurrent expenditure'' such as rent and salary, and as such, Anwar Sayed was legally entitled to the money that was owed to him.

The Commonwealth funding did not cover capital expenditure, so improvements could not take place with those grants.

Anwar Sayed's lawyer, Mark Trowell, QC, said his client had only taken about 30 per cent of what he was actually owed, and if it was not for his contributions, the school would not have got off the ground.

Zubair Sayed's lawyer, Andrew Skerritt, told the jury the 33-year-old had organised the overseas transfer because he was privy to the deferred rent and salary agreements signed in 2002, so he genuinely believed the money belonged to his brother.

Anwar Sayed had deposited almost $340,000 into the school over several years and the bank statements would support that, Mr Trowell said.


as posted here