MALAYSIA: The Court of Appeal in Putrajaya today acquitted Muar Member of Parliament Syed Saddiq Syed Abdul Rahman of all four charges involving criminal breach of trust (CBT), misappropriation of property, and money laundering.
The charges stemmed from alleged offences connected to Angkatan Bersatu Anak Muda (Armada), the youth wing of Parti Pribumi Bersatu Malaysia (Bersatu).
A three-judge panel comprising Justices Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah, and Datuk Noorin Badaruddin unanimously allowed Syed Saddiq’s appeal.
This overturned the Kuala Lumpur High Court’s decision on 9 November 2023, which had sentenced him to seven years in jail, two strokes of the cane, and imposed a RM10 million fine.
Justice Noorin, who delivered the court’s judgment, stated that the prosecution failed to substantiate the charge of abetment under Section 406 of the Penal Code.
She highlighted that the evidence lacked credibility and did not support the misappropriation or money laundering charges brought under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).
Justice Noorin elaborated that Syed Saddiq could not be found guilty of abetment when the primary CBT offence itself was unproven under Section 405 of the Penal Code.
She further clarified that merely instructing someone to withdraw funds could not be equated with “disposal” or “conversion” of funds as per legal definitions.
The RM1 million involved in the CBT charge was found to have been used entirely for Armada’s official activities, and there was no indication that Syed Saddiq personally benefited from it.
Syed Saddiq, 32, was initially accused of abetting Armada’s former assistant treasurer, Rafiq Hakim Razali, in withdrawing the RM1 million at CIMB Bank, KL Sentral, on 6 March 2020.
For the second charge, he faced allegations of misappropriating RM120,000 by directing Rafiq Hakim to dispose of funds from the Maybank Islamic Berhad account of Armada Bumi Bersatu Enterprise between 8 and 21 April 2018.
Justice Noorin ruled that the RM120,000 in question was raised for Syed Saddiq’s election campaign, meaning the funds belonged to him rather than Armada or its business arm.
She stated there was no evidence indicating the funds were intended for Armada’s use or that the account held organisational donations.
In addition to the CBT and misappropriation charges, Syed Saddiq had faced two money laundering charges involving the transfer of RM50,000 each from his Maybank Islamic account to his Amanah Saham Bumiputera account on 16 and 19 June 2018 in Johor Bahru.
The court found that these charges could not be sustained, as they were predicated on the earlier unproven allegations of unlawful activity.
Justice Ahmad Zaidi clarified that the appellate court’s decision was based solely on the case records and unaffected by public or social media discourse.
The defence team was led by Datuk Mohd Yusof Zainal Abiden and Datuk Hisyam Teh Poh Teik, while the prosecution was represented by Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin.
The acquittal marks a significant legal and political development for Syed Saddiq, who has consistently maintained his innocence throughout the proceedings.
He was previously convicted in a landmark ruling last year, which had sparked wide debate about judicial impartiality and political accountability.
The appellate court’s detailed rationale for overturning the conviction is expected to be closely scrutinised by legal experts and political observers in the coming days.
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