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PUTRAJAYA - By a 2-1 majority decision today, the Federal Court held that the prosecution had failed to establish any error in the Court of Appeal's acquittal of Muar MP Syed Saddiq Syed Abdul Rahman on four charges of abetment of criminal breach of trust (CBT), misappropriation of property and money laundering involving Angkatan Bersatu Anak Muda (Armada) funds.
Justice Datuk Che Mohd Ruzima Ghazali and Justice Datuk Collin Lawrence Sequerah formed the majority, ruling that the appellate court was right to find that the prosecution had not established the essential elements of the charges beyond a reasonable doubt.
In their judgment, the two judges found no appealable error on the part of the Court of Appeal that would warrant Federal Court intervention.
On the abetment charge, Justice Che Mohd Ruzima pointed out that Syed Saddiq, as an abettor, could not be said to have abetted Rafiq Hakim Razali, the former Armada assistant treasurer, because Rafiq Hakim himself was never charged.
He said it was the prosecution's contention that Rafiq Hakim had committed CBT after allegedly receiving instructions from Syed Saddiq to transfer the funds.
Justice Che Mohd Ruzima said he disagreed with the prosecution's contention that the Court of Appeal had made a "wild accusation" against the prosecution or the Malaysian Anti-Corruption Commission (MACC).
"I am of the view that the COA (Court of Appeal) has referred, analysed and dealt with the material relevant evidence pertaining to the issue before making the finding of fact that there might be truth in the defence's contention concerning PW13's testimony against Syed Saddiq.
"From the evidence adduced at the prosecution case, it is not plainly wrong for the COA in agreeing with the defence's contention that PW13's evidence might have been tailored to appease the MACC. The prosecution's allegation that the COA made a "wild accusation" is baseless and uncalled for," he said.
Meanwhile, Justice Sequerah observed that the prosecution's main objection to the Court of Appeal's decision centred on the appellate court's conclusion that the RM120,000 belonged to the respondent and had been applied toward his election campaign, which he subsequently treated as a reimbursement for the RM170,000 he had personally outlaid during the campaign.
He further noted that the Court of Appeal's finding on this point rested on PW13's confirmation, given during re-examination, that the ABBE account had been pre-cleared for the respondent's fundraising activities.
"Even without proper proof, labeling PW13 (13th prosecution witness Rafiq Hakim) to have 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, purportedly misused by Syed Saddiq, belonged to Armada Bumi Bersatu Enterprise (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 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 said based on the finding that the prosecution had failed to prove the Section 403 (misusing RM120,000) charge against Syed Saddiq, the money laundering charges could not be sustained. - BERNAMA
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