Can a money laundering conviction stand without a predicate offence conviction?

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Federal Court Reviews Prosecution's Bid to Reinstate Money Laundering Charges

The prosecution is seeking to reinstate money laundering charges against Syed Saddiq Syed Abdul Rahman, arguing that a conviction for money laundering can be secured independently of a conviction for the predicate offence. The prosecution contends that the Court of Appeal erred by collapsing the money laundering charges into the fate of the predicate offence, thereby negating the provisions of Section 4(4) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA). This section, according to the prosecution, explicitly allows for a money laundering conviction even if no conviction for a serious offence has been secured, or if prosecution for such an offence has not even commenced.
Prosecution Argues Court of Appeal Erred on AMLATFPUAA Interpretation

The prosecution's core argument before the Federal Court is that the Court of Appeal's decision effectively nullified Section 4(4) of the AMLATFPUAA. They assert that the appellate court incorrectly concluded that the money laundering convictions were contingent on the predicate offence under Section 403 of the Penal Code being proven. The prosecution maintains that Section 4(4) of AMLATFPUAA clearly stipulates that a person can be convicted of a money laundering offence irrespective of whether there is a conviction for a serious offence or if prosecution has been initiated for such an offence.
Allegation of Statute Amendment Through Interpretation

Furthermore, the prosecution argued that by imposing a requirement for a conviction in the predicate offence onto Section 4(1)(b) of the AMLATFPUAA, the Court of Appeal effectively amended the statute through its interpretation. This, they contend, is impermissible as it introduces a condition not present in the original legislative text. The prosecution's petition of appeal specifically challenges the appellate court's appreciation of evidence and legal interpretation concerning the money laundering charges.
Funds Conversion and Laundering Alleged

The prosecution's case involves allegations that Syed Saddiq exercised control over campaign funds, subsequently converted these funds for personal use, and then laundered a portion of the money through an investment account. These funds, collected from fundraisers for electoral purposes, were allegedly not disbursed lawfully towards campaign expenses or any other authorised purpose. The prosecution contends that the conversion of these funds into personal property, merely because the beneficiary was a political candidate, would immunise the appropriation of trust money by any campaign leader and undermine the concept of fiduciary criminal liability.

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Can a money laundering conviction stand without a predicate offence conviction?

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