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PUTRAJAYA – Tension filled the Federal Court courtroom here on Monday when one of the three judges found Syed Saddiq Syed Abdul Rahman guilty, while another ruled that the Muar MP should be acquitted.
Syed Saddiq, who sat alone outside the dock, was seen lowering his head while calmly listening to the judgment.
The situation left the prosecution's appeal against the 34-year-old former youth and sports minister hanging at a 1-1 split, with the third judge's ruling set to determine his fate.
Court of Appeal President Datuk Seri Abu Bakar Jais who held the dissenting view in the 2-1 majority decision, opened his summary judgment by concurring with the Court of Appeal's ruling to acquit Syed Saddiq on the first charge of abetment involving RM1 million.
However, the same judge found the former youth and sports minister guilty of the second charge of misappropriating RM120,000 and the third and fourth charges of money laundering involving RM50,000 each belonging to Besatu's Youth wing, Armada.
He said Syed Saddiq should be sentenced to six months' imprisonment and one stroke of the cane for the misuse of property charge.
"For each money laundering charge, the respondent is sentenced to six months' imprisonment and a RM5 million fine.
"Failure to pay the fine would result in an additional two-year jail term for each offence," he said.
Attention then turned to Federal Court judge Datuk Che Mohd Ruzima Ghazali, who disagreed with Abu Bakar's decision.
Ruzima agreed with the Court of Appeal's finding that the conviction handed by the High Court was unsafe and that Syed Saddiq's acquittal should not be disturbed.
"The prosecution failed to prove key elements of the offence, including the allegation that Syed Saddiq had dishonestly misappropriated RM120,000 belonging to Armada.
"Besides, there was no evidence that the money collected at the time belonged to Armada Bumi Bersatu Enterprise," he said.
The decision left the former Muda president's fate hanging in the balance.
At that point, the final decision had yet to be determined as the third panel judge, Datuk Collin Lawrence Sequerah, had not delivered his judgment.
The situation created a tense atmosphere in the courtroom as the three-member panel delivered their judgments one after another.
Recognising the circumstances, Abu Bakar later informed that the final outcome depended on Sequerah's judgment.
He then asked whether the prosecution and defence wanted time to compose themselves or proceed with the decision immediately.
Deputy public prosecutor Datuk Wan Shaharuddin Wan Ladin asked for a brief recess to go to the restroom after which Abu Bakar adjourned proceedings for 10 minutes.
When proceedings resumed, family members and supporters seated in the public gallery appeared anxious and attentive while listening to the judgment.
The atmosphere changed when Sequerah delivered a decision similar to that of Ruzima's, resulting in Syed Saddiq being acquitted of all charges.
Sequerah said the Court of Appeal had made the correct decision in ruling that the prosecution failed to prove the offences.
"The respondent (Syed Saddiq) was legally entitled to the money, therefore I agree with the findings of the Court of Appeal panel.
"I found no appealable error," Sequerah said.
The decision was followed by applause and cheers from Syed Saddiq's family members and supporters.
