'Cool down': Both sides in Syed Saddiq case told to reassess positions
The instruction was similarly extended to the Muar MP’s defence team, with Court of Appeal president Abu Bakar Jais, as the chair for the three-member apex court panel, reportedly saying it is an appropriate time for both parties to “go back, reflect, and reconsider” their stances...
The Federal Court has instructed the prosecution to rethink its position on reinstating four criminal charges against Syed Saddiq Syed Abdul Rahman.
The instruction was similarly extended to the Muar MP’s defence team, with Court of Appeal president Abu Bakar Jais, as the chair for the three-member apex court panel, reportedly saying it is an appropriate time for both parties to “go back, reflect, and reconsider” their stances.
The Malay Mail quoted Abu Bakar as referencing a sports analogy to explain the panel’s decision to grant both parties a “cooling-off period” to reassess their positions.
“When the referee feels the players are not playing according to the rules, he sends them off for a few minutes to cool down before they return to the field,” Abu Bakar said during today’s proceedings.
“I’m asking both parties to go back, reflect on your submissions, and then tell us your position. Do you still feel strongly that the appeals should be decided by this court, or do you need to revisit and review everything?”
The panel also included Federal Court judges Che Ruzima Ghazali and Collin Lawrence Sequerah.
Abu Bakar said he expects both parties to treat the directive seriously, noting that the past two days have featured a review of extensive written arguments and previous judgments from the High Court and Court of Appeal.
The judge, a former deputy public prosecutor himself, also noted that the Attorney-General’s Chambers (AGC) typically conducts internal reviews before deciding whether to proceed or withdraw appeals.
“If, after reviewing the case, you still believe you can prove your appeal, then by all means proceed. But if you review everything and feel there is not much substance, then inform the court,” Abu Bakar said.
The panel then allocated one week for the prosecution to file additional written submissions, followed by another week for the defence to review and respond before making their position known.
If no response is given, however, the bench will proceed to prepare and deliver its judgment.
The prosecution is led by deputy public prosecutors Wan Shaharuddin Wan Ladin and Ahmad Akram Gharib, while the defence is represented by Hisyam Teh Poh Teik and Ambiga Sreenevasan.
Muar MP’s court case
Syed Saddiq was initially charged under Section 403 of the Penal Code for misappropriating RM120,000 from Bersatu Youth by making Rafiq Hakim Razali, the former Bersatu Youth assistant treasurer, dispose of the funds between April 8 to 21 in 2018.
The former Muda president also faced a charge under Section 406 of the Penal Code for abetting Rafiq, who was entrusted with Bersatu Youth’s funds amounting to RM1 million, to commit criminal breach of trust (CBT) on March 6, 2020.
Besides that, the parliamentarian was hit with two counts of money laundering via transactions of RM50,000 each from his Maybank Islamic Bhd account into his Amanah Saham Bumiputera (ASB) accounts on June 16 and 19 in 2018.
The money laundering charges were framed under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001.
During the case trial in the High Court, Syed Saddiq defended himself, saying the funds transferred into his ASB accounts, which were raised during two fundraising events, were reimbursement for his political campaign in the 14th general election.
Syed Saddiq was acquitted of all charges on June 25, following the Court of Appeal panel’s unanimous finding that the prosecution failed to prove its case against him.
At that time, the panel chaired by judges Zaidi Ibrahim, Azman Abdullah, and Noorin Badaruddin found that the High Court had erred in not fully evaluating the entirety of Syed Saddiq’s defence, which led to his conviction on Nov 9, 2023.
