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THE Malaysian Anti-Corruption Commission has informed the Federal Court that it will proceed as planned with its appeal against the acquittal of Syed Saddiq Syed Abdul Rahman, nearly a week after the court granted both sides time to “cool down” and reflect on their arguments.
The appeal concerns the acquittal of the 33-year-old politician from his conviction and sentence of seven years’ imprisonment, two strokes of the cane and a RM10 million fine over four charges involving the misappropriation of funds belonging to Angkatan Bersatu Anak Muda, or Armada, seven years ago.
In a letter addressed to the Deputy Registrar, the prosecution said it had sought the views and instructions of the Attorney General following directions issued by the President of the Court of Appeal to both the prosecution and defence last Friday.
“The Attorney General, Tan Sri Mohd Dusuki Mokhtar, has directed that this appeal be proceeded with and that whatever the court’s decision may be, it must be accepted,” the letter stated.
“Accordingly, the appellant maintains the written and oral submissions that have been presented in the appeal,” it added.
The document also conveyed the prosecution’s appreciation for all consideration, discretion and cooperation extended in the matter, expressing its gratitude.
When contacted, Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin, who is also Senior Director of the MACC’s Legal and Prosecution Division, confirmed the position.
“Of course, the prosecution remains confident in the strength of our case, given that both sides have already argued the important issues in this appeal,” he said.
“We leave it to the wisdom of the Federal Court panel to make its decision,” he added when asked whether the prosecution still stood by its case.
Public attention intensified on 12 December after a three-judge panel refrained from delivering a decision or even setting a new date after hearing the prosecution’s appeal against Syed Saddiq’s acquittal by the Court of Appeal.
Instead, the panel granted the prosecution and defence a one-week period to “cool down” and reflect on their submissions, an unusual move that drew widespread public scrutiny.
The panel, chaired by Court of Appeal President Datuk Abu Bakar Jais and sitting with Federal Court judges Datuk Che Mohd Ruzima Ghazali and Datuk Collin Lawrence Sequerah, said the parties needed time to calm themselves and review their arguments.
Abu Bakar also urged both sides to engage in discussions before deciding whether to proceed with the appeal.
Syed Saddiq was originally convicted on 9 November 2023 by the Kuala Lumpur High Court. Justice Datuk Azhar Abdul Hamid sentenced him to seven years’ imprisonment, two strokes of the cane and a RM10 million fine after finding him guilty on four charges involving criminal breach of trust, misappropriation of property and money laundering linked to Armada funds.
In a 22-page written judgment, the High Court rejected Syed Saddiq’s defence, describing his testimony as “illogical”.
The court, however, allowed a stay of execution of the sentence pending the disposal of his appeal at the Court of Appeal.
On 25 June, the Johor Bahru-born politician was acquitted and discharged by the Court of Appeal. A three-judge panel led by Datuk Ahmad Zaidi Ibrahim, sitting with Datuk Azman Abdullah and Datuk Noorin Badaruddin, unanimously ruled that directing another person to withdraw money could not amount to disposal of funds.
Under the first charge, Syed Saddiq was accused of abetting Rafiq Hakim Razali, then Armada Bersatu’s assistant treasurer, who had been entrusted with RM1 million, to commit criminal breach of trust by misusing the funds.
The offence was alleged to have taken place at CIMB Bank Berhad, Menara CIMB KL Sentral, Jalan Sentral 2, on 6 March 2020, under Section 406 of the Penal Code, which carries a maximum sentence of 10 years’ imprisonment, whipping and a fine.
Under the second charge, he was accused of misappropriating RM120,000 for his own use from an account held by Armada Bumi Bersatu Enterprise at Maybank Islamic Berhad, by causing Rafiq to dispose of the funds.
The offence was allegedly committed at Malayan Banking Berhad, Taman Pandan Jaya, between 8 and 21 April 2018, under Section 403 of the Penal Code, which carries a maximum penalty of five years’ imprisonment, whipping and a fine.
Syed Saddiq also faced two money laundering charges for transferring RM50,000 on each occasion from his Maybank Islamic account into his Amanah Saham Bumiputera account. The funds were alleged to be proceeds of unlawful activity.
The transfers were said to have taken place at a bank in Jalan Persisiran Perling, Taman Perling, Johor Bahru, on 16 and 19 June 2018. The charges were brought under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, punishable under Section 4(1) of the same Act.
If convicted, Syed Saddiq faces a maximum sentence of 15 years’ imprisonment and a fine of up to five times the value of the proceeds of the unlawful activity. - December 17, 2025