PUTRAJAYA: Muar MP Syed Saddiq Syed Abdul Rahman remains a free man following a two-to-one majority decision by the Federal Court.
The apex court dismissed the final appeal of the prosecution against him.
Two judges on the panel, Justice Che Mohd Ruzima Ghazali and Justice Collin Lawrence Sequerah, both affirmed the decision of the Court of Appeal in acquitting Syed Saddiq.
Meanwhile, the chairperson of the panel, Court of Appeal president Justice Abu Bakar Jais, held the dissenting judgment.
"You remain discharged and acquitted," Justice Abu Bakar said here on Monday (July 13).
The majority ruled that there were no appealable errors by the Court of Appeal that warranted intervention by the Federal Court.
Syed Saddiq was accused of abetting the 13th prosecution witness Rafiq Hakim Razali in committing criminal breach of trust involving RM1mil in Armada funds. He also faced one count of misappropriating RM120,000 belonging to Armada Bumi Bersatu Enterprise (ABBE).
He was also charged with two counts of money laundering for allegedly transferring RM50,000 each into his Amanah Saham Bumiputera account.
On the abetment charge, Justice Che Mohd Ruzima said Syed Saddiq could not be deemed to have abetted the primary offender since Rafiq Hakim was never charged.
The prosecution had contended that Rafiq Hakim committed criminal breach of trust following an instruction from Syed Saddiq to transfer the funds.
"Even without proper proof, labelling SP13 (Rafiq Hakim) to having committed an offence just from his confession is not proof in jurisprudence," he said.
Justice Che Mohd Ruzima also found that the prosecution failed to prove that the RM120,000 allegedly misused by Syed Saddiq belonged to ABBE.
"On the contrary to the evidence, the money came from two fundraising events in Muar, Johor and DePalma Hotel, Ampang for the specific reason to fund his political campaign.
"Based on the evidence, the RM120,000 does not belong to ABBE, or PW13 (13th prosecution witness Rafiq Hakim Razali), or someone else.
"The money collected originally belonged to donors but it has changed hands to Syed Saddiq to fund his campaign in Muar, making him the beneficial owner of the RM120,000," he said.
He added that the High Court convictions on all four charges against Syed Saddiq were unsafe.
"The prosecution's appeal is hereby dismissed. The decision by the Court of Appeal is affirmed," he said.
Justice Sequerah concurred with Justice Che Mohd Ruzima and stated that Syed Saddiq was "legally entitled to the money".
"I find myself in agreement with the Court of Appeal. In conclusion, I find no appealable errors (by the Court of Appeal).
"Each appeal is dismissed. The Court of Appeal's decision is hereby affirmed," he said.
Meanwhile, Justice Abu Bakar allowed the prosecution's appeal in part in his dissenting judgment.
He affirmed the acquittal of Syed Saddiq on the abetment charge because a crucial ingredient of the offence was unclear.
"Nothing in the charge states how the money is misused dishonestly. With respect, I don't think sufficient information is reflected in the charge," he said.
The judge however convicted Syed Saddiq on the remaining three charges with the view that they had been proven.
He sentenced the politician to six months in jail and one stroke of the cane for misappropriating RM120,000.
For the two money laundering charges, Syed Saddiq received six months imprisonment and a RM5mil fine in default of two years in jail for each count.
These sentences became immaterial as they were part of the minority decision.
