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KUALA LUMPUR: The prosecution is proceeding with its appeal against Muar MP Syed Saddiq Syed Abdul Rahman after the Federal Court's instruction to rethink its prosecutorial direction.
In a letter dated Wednesday (Dec 17), the prosecution said the Attorney General had instructed them to continue the appeal and accept whatever decision the Federal Court makes.
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“Accordingly, the appellant maintains the written submissions and oral arguments presented in this appeal,” the letter said.
It was understood that the letter was sent to the Federal Court deputy registrar earlier on Wednesday morning.
When contacted, deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin said the prosecution was confident in the strength of its case against Syed Saddiq.
“Given that both the prosecution and Syed Saddiq’s counsel have already presented arguments on the key issues in this appeal, we leave it to the wisdom of the Federal Court panel to make its decision," he said.
On Dec 12, the Federal Court "paused" the proceedings in the prosecution's appeal against Syed Saddiq's acquittal on charges of criminal breach of trust, misappropriation of property and money laundering involving Bersatu’s youth wing (Armada) funds.
In an unprecedented turn, Court of Appeal president Justice Abu Bakar Jais, heading a three-judge panel, said the prosecution must deliberate and formally declare its position on whether to proceed with the appeal.
“I hope you go back and discuss. If you (the prosecution) are still capable of proving your case, proceed… but if, upon review, you find it is not sufficiently strong, then you must notify us.
“Whether you are in the Caribbean or some other exotic location, frankly, we do not care. We will not render any decision at this time.
“The parties must inform us within one week,” said Justice Abu Bakar, following oral submissions from the prosecution and defence counsel.
Federal Court judges Justices Che Mohd Ruzima Razali and Collin Lawrence Sequerah also sat on the bench.
On June 25, the Court of Appeal acquitted and discharged Syed Saddiq after allowing his appeal to set aside his conviction and the sentence of seven years' imprisonment, two strokes of the cane, and an RM10mil fine, originally handed down by the High Court on Nov 9, 2023.
The following day, the Attorney General's Chambers filed an appeal to the Federal Court.
Syed Saddiq was accused of abetting Rafiq Hakim in the criminal breach of trust of RM1mil belonging to Armada, held at CIMB Bank Berhad, KL Sentral, on March 6, 2020.
He was charged under Section 406 of the Penal Code, which carries a maximum penalty of 10 years' imprisonment, caning, and a fine.
He also faced a separate charge of misappropriating RM120,000 belonging to Armada Bumi Bersatu Enterprise under Section 403 of the Penal Code, which carries a penalty of between six months' and five years' imprisonment, caning, and a fine.
The former Youth and Sports Minister was accused of money laundering through the transfer of RM50,000 into his personal Amanah Saham Bumiputera account.
These two charges were brought under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which carries a maximum penalty of 15 years' imprisonment and a fine of not less than five times the sum or value of the unlawful proceeds.
