What legal basis did the dissenting judge cite for conviction?

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Dissenting Judge Argued Prosecution Proved Charges of Dishonest Misappropriation and Money Laundering

The Federal Court, in a 2-1 majority decision, upheld the acquittal of Muar MP Syed Saddiq Syed Abdul Rahman on four charges related to RM1 million in Armada funds. However, one judge, Court of Appeal President Datuk Seri Abu Bakar Jais, dissented, opining that the prosecution had successfully proven charges of dishonest misappropriation and money laundering. He proposed a sentence of six months' imprisonment and one stroke of the cane for the dishonest misappropriation charge, and for each of the two money laundering charges, he would have imposed six months' imprisonment and a RM5 million fine, with a two-year jail term in default of payment.
Dissenting Judge's View on Proven Charges

Datuk Seri Abu Bakar Jais, in his dissenting judgment, explicitly stated that the prosecution had established the elements required for a conviction on the charges of dishonest misappropriation and money laundering. This view contrasted with the majority decision of Federal Court judges Datuk Che Mohd Ruzima Ghazali and Datuk Collin Lawrence Sequerah, who found no appealable error in the Court of Appeal's earlier acquittal. Abu Bakar's disagreement indicated a divergence in the interpretation of the evidence presented by the prosecution concerning these specific offences.
Proposed Sentencing by Dissenting Judge

Beyond asserting that the charges were proven, the dissenting judge detailed the specific penalties he believed were warranted. For the charge of dishonest misappropriation, Abu Bakar proposed a sentence of six months' imprisonment coupled with one stroke of the cane. Furthermore, for each of the two money laundering charges, his proposed sentence included six months' imprisonment and a substantial RM5 million fine, with a provision for a two-year jail term if the fine was not paid. These proposed sentences underscore the gravity with which he viewed the alleged offences.
Majority Ruling's Impact on Dissenting Opinion

Despite his detailed dissenting judgment and proposed sentences, Abu Bakar acknowledged that his views did not prevail due to the majority decision. He noted that the conviction and sentences he proposed for the second, third, and fourth charges became "immaterial" as the other two judges did not concur with his findings. This highlights the procedural outcome where the majority ruling dictates the final judgment of the court, notwithstanding any dissenting opinions.

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What legal basis did the dissenting judge cite for conviction?

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