PUTRAJAYA: The dishonest misappropriation in Muar MP Syed Saddiq Syed Abdul Rahman's graft case linked to Armada funds was proven when donors of his fundraising activities were not told where the money went, says a judge in his dissenting judgment.
Court of Appeal president Justice Abu Bakar Jais said this in his dissenting view in a two-to-one majority decision that saw Syed Saddiq's acquittal upheld by the Federal Court here on Monday (July 13).
"Dishonest misappropriation is also proven as donors were never told by the respondent (Syed Saddiq) that he would take the money and put it in his personal accounts as reimbursement for the money he allegedly spent.
"There is no evidence to suggest that fund-raising activities were held to reimburse the respondent for any expenses incurred towards his election," he said in a six-page summary judgment.
In his dissenting judgment, Justice Abu Bakar allowed the prosecution's appeal against Syed Saddiq in part.
He upheld the politician's acquittal on his first charge on abetment but convicted him on the second charge on criminal breach of trust and the third and fourth money-laundering charges.
The judge noted that the Court of Appeal had acquitted Syed Saddiq on the basis that the RM120,000 transferred into his personal Maybank account was his.
"Is the Court of Appeal right in saying this amount of money belongs to the respondent?
"This is crucial because once it is shown this is not the case, then the whole basis for the Court of Appeal's decision to allow the respondent's appeal can not stand – at least for this charge.
"I respectfully differ and would say the money does not belong to the respondent. The money is from donors through the fund-raising activities … and not the respondent's money. It is meant for the respondent's election campaign, not for the respondent to use it as he pleases," Justice Abu Bakar added.
For the money laundering charges, the judge said the respondent never denied that RM50,000 was deposited into his Amanah Saham Bumiputera (ASB) account from his Maybank account.
"The money is from unlawful activity as it came from donors for his election campaign. But this purpose – for the election campaign – was not achieved as explained earlier. That is why the money is from unlawful activity," he said.
Justice Abu Bakar then sentenced Syed Saddiq to six months and one stroke of the rotan for misappropriating RM120,000.
For the two money laundering charges, Syed Saddiq was sentenced to six months' imprisonment and a RM5mil fine in default of two years in jail for each charge.
The other two majority decisions by Justices Che Mohd Ruzima Ghazali and Collin Lawrence Sequerah found no appealable error by the Court of Appeal and affirmed Syed Saddiq's acquittal.
"The conviction and sentence on the second, third and fourth charges that I have ordered against the respondent here become immaterial because my learned brothers are not with me on the same. They are of course very much entitled to do so as judges of the appellate court in our system of justice," added Justice Abu Bakar.
On June 25, 2025, the Court of Appeal acquitted and discharged Syed Saddiq, 34, after allowing his appeal against the High Court's Nov 9, 2023, conviction and sentence of seven years' imprisonment, two strokes of the cane and a RM10mil fine.
The Attorney General's Chambers filed its appeal to the Federal Court the following day.
Syed Saddiq is accused of abetting Rafiq Hakim, then Armada's assistant treasurer, in committing criminal breach of trust involving RM1mil in Armada funds at CIMB Bank Berhad, KL Sentral, on March 6, 2020.
The charge, framed under Section 406 of the Penal Code, carries a maximum penalty of 10 years' imprisonment, whipping and a fine upon conviction.
He was also charged with misappropriating RM120,000 belonging to Armada Bumi Bersatu Enterprise under Section 403 of the Penal Code, which provides for imprisonment of between six months and five years, whipping and a fine.
In addition, Syed Saddiq was charged with two counts of money laundering for transferring RM50,000 into his ASB account.
The money laundering 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 sentence of 15 years' imprisonment and a fine of five times the value of the proceeds involved.
