Did the prosecution successfully prove criminal breach of trust for the RM1 million?

Question

Accepted Answer

Federal Court Upholds Acquittal on Criminal Breach of Trust Charges

The Federal Court has affirmed the acquittal of Muar MP Syed Saddiq Syed Abdul Rahman on charges related to RM1 million in Armada funds, with a 2-1 majority ruling dismissing the prosecution's appeal. Judges Datuk Che Mohd Ruzima Ghazali and Datuk Collin Lawrence Sequerah agreed that the prosecution failed to establish the charges, including the principal offence of criminal breach of trust. This decision upholds the Court of Appeal's earlier acquittal of the former youth and sports minister.
Failure to Establish Principal Offence

Federal Court judge Datuk Che Mohd Ruzima Ghazali, delivering the majority judgment, found that the Court of Appeal had correctly concluded the prosecution did not successfully establish any of the four charges. In relation to the charge of abetting criminal breach of trust concerning RM1 million, Ruzima stated that the mere withdrawal of funds did not inherently constitute criminal breach of trust. This interpretation suggests that the prosecution needed to demonstrate more than just the movement of money to prove the offence.
Internal Party Rules Not Constituent of Law

The court also considered the role of Bersatu's constitution, with Ruzima noting that it primarily governed the party's internal affairs and was not equivalent to statutory law. Any non-compliance with the party's constitution would typically lead to disciplinary action rather than criminal charges, unless such non-compliance also violated existing laws. This distinction is crucial in cases where party procedures are alleged to have been breached in connection with financial transactions.
Dissenting Opinion on Misappropriation Charges

Court of Appeal President Datuk Seri Abu Bakar Jais dissented from the majority, expressing the view that the Court of Appeal had erred in its previous ruling. Abu Bakar indicated that the prosecution had successfully proven charges of dishonest misappropriation and money laundering. He proposed convictions for Syed Saddiq on three of the four charges, including a custodial sentence and a fine for the alleged misappropriation and money laundering, though his views did not prevail in the final majority decision.

Reading history

Hide →

This history is cleared when the page is closed.

Did the prosecution successfully prove criminal breach of trust for the RM1 million?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

2

0

0

Share with friends