PUTRAJAYA: The Federal Court was thick with tension as three judges on the panel delivered their decisions separately in the prosecution's appeal against Muar MP Syed Saddiq Syed Abdul Rahman.
At the outset of the proceedings, Court of Appeal president Justice Abu Bakar Jais, who chaired the panel, asked parties to listen to all three decisions.
"After all three decisions are heard, only then will we know the entirety of the decision.
"We say this because many people don't know and they do not appreciate the process," he said here on Monday (July 13).
Justice Abu Bakar, who held the dissenting view in a two-to-one majority decision, began his summary judgment by agreeing with the Court of Appeal's decision that acquitted Syed Saddiq on the first charge of abetment.
The mood in the courtroom, however, shifted when the same judge found Syed Saddiq guilty of the second charge of criminal breach of trust and the third and fourth charges of money laundering.
Justice Abu Bakar allowed the prosecution's appeal in parts and sentenced Syed Saddiq to imprisonment, whipping and a fine.
Syed Saddiq was sentenced to six months' jail and one stroke of the rotan for misappropriating RM120,000. He was also sentenced to another six months' jail and a RM5mil fine, in default of two years' jail, for each of the money laundering charges.
The Muda co-founder, who sat outside the dock as the respondent in the appeal, maintained his composure throughout the proceedings.
The tide seemed to turn with the second judge on the panel, Justice Che Mohd Ruzima Ghazali, who delivered a decision in favour of Syed Saddiq.
He said Syed Saddiq's conviction by the High Court was "unsafe".
"The prosecution's appeal is hereby dismissed. The decision by the Court of Appeal is affirmed," he said.
This brought an impasse to the verdict. Justice Abu Bakar candidly asked Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin and defence counsel Datuk Hisyam Teh Poh Teik whether they wanted to proceed or allow some time for Syed Saddiq and his family to prepare for any outcome.
"You see, there is one decision against the respondent and another decision for the respondent. The one decision that would seal this would be from (the third judge) Justice Collin Lawrence Sequerah.
"Are you ready to receive the third decision or do you want a 10 or 15 minutes break? Because this is the final decision," Justice Abu Bakar said.
DPP Wan responded that he needed a 'toilet break', much to the laughter of the courtroom.
After the 15-minute recess, Justice Sequerah began reading his decision, in which he concurred with Justice Che Mohd Ruzima and affirmed the Court of Appeal's decision.
"In conclusion, I find no appealable errors (by the Court of Appeal)," he said.
Justice Abu Bakar then asked Syed Saddiq to approach the bench.
"The conviction and sentence on second, third and fourth charges become immaterial because my learned brothers are not with me on the same. They are, of course, very much entitled to (their opinion) as judges of the Federal Court in our system," said the judge, who was met with applause from the public gallery.
Justice Abu Bakar said judges were also humans who 'often observe and knew what was going around'.
"We know that the respondent has plans after this. Now that you know this is a majority decision in your favour, hopefully those plans would materialise with whatever is necessary," he added.
It is believed that the judge was alluding to Syed Saddiq's marriage plans with fiancee, actress-singer Bella Astillah. The couple were engaged on March 26.
On June 25, 2025, the Court of Appeal acquitted and discharged the 34-year-old 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 Razali, 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 allegedly transferring RM50,000 into his Amanah Saham Bumiputera account.
The money laundering charges are 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.
