What specific elements did the prosecution fail to establish for the abetment charge?

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Prosecution Failed to Establish Key Elements for Abetment Charge

The prosecution failed to establish the principal offence of criminal breach of trust, which consequently meant they could not prove the abetment charge against Syed Saddiq Syed Abdul Rahman. The withdrawal of funds alone was not deemed sufficient to constitute criminal breach of trust, and the Bersatu constitution was determined to be a set of internal rules rather than a law.
Failure to Prove Principal Offence

The Federal Court, in a 2-1 majority decision, upheld the acquittal of Syed Saddiq on charges linked to RM1 million in Armada funds. Judges Datuk Che Mohd Ruzima Ghazali and Datuk Collin Lawrence Sequerah agreed that the Court of Appeal had correctly concluded the prosecution failed to establish all four charges. This failure to prove the underlying offence of criminal breach of trust was central to the dismissal of the abetment charge.
Insufficiency of Fund Withdrawal

A key finding was that the mere withdrawal of funds did not, in itself, constitute criminal breach of trust. For the charge to be established, the prosecution needed to demonstrate more than just the movement of money; it required proof of dishonest misappropriation or a breach of trust in handling those funds, which the court found was not sufficiently evidenced.
Bersatu Constitution Not Equivalent to Law

The court clarified that the Bersatu constitution, which governs the party's internal affairs, is not considered law. Non-compliance with the party's constitution would therefore typically lead to disciplinary action within the party, rather than a criminal offense, unless such non-compliance also violated an existing statute. This distinction was crucial in determining whether the actions in question constituted a legal offense.

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What specific elements did the prosecution fail to establish for the abetment charge?

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