KUALA LUMPUR: Syed Saddiq Syed Abdul Rahman's legal team is steadfast in its stance that the prosecution’s appeal against the Muar MP's acquittal is without merit.
Law firm Messrs Mustafa Ling & Co, in a letter to the Federal Court, said it would leave the matter entirely to the apex court to make its final decision in the appeal.
The letter, dated Dec 18, came as a response to an instruction by Court of Appeal president Justice Abu Bakar Jais.
In the previous proceedings on Dec 12, the Federal Court "paused" the proceedings and told the parties to reassess their positions in the case.
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.
