Why did the Court of Appeal say RM120,000 belonged to Syed Saddiq?

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The Court of Appeal Ruled RM120,000 Belonged to Syed Saddiq as it was Raised for His Election Campaign

The Court of Appeal determined that the RM120,000 in question belonged to Syed Saddiq, as it was specifically raised through a fundraising effort to finance his election campaign. The appellate court found that the assistant treasurer of Armada, identified as PW13, held these funds in trust for Syed Saddiq, rather than for the donors or Armada Bumi Bersatu Enterprise (ABBE). Crucially, the court noted a lack of evidence to demonstrate that the RM120,000 was the property of ABBE or Armada, despite the ABBE account being used for the donation.
Funds Raised Specifically for Election Campaign

The Court of Appeal's judgment hinged on the finding that the RM120,000 originated from a fundraising initiative explicitly intended to cover Syed Saddiq's election expenses. The court reasoned that when funds are raised for a specific political campaign, they are, for all intents and purposes, considered to belong to the candidate undertaking that campaign. This principle underpins the court's view that the funds were legally earmarked for Syed Saddiq's use.
No Evidence of Ownership by ABBE or Armada

A significant aspect of the ruling was the absence of any evidence presented to prove that the RM120,000 belonged to ABBE or Armada. While the ABBE account was utilized to receive the donation, the court found no testimony or documentation to establish ABBE or Armada as the rightful owners of the money. The court highlighted that PW13, the assistant treasurer, did not claim ownership of the funds, but rather testified that the account belonged to ABBE and the RM120,000 was deposited into it.
Assistant Treasurer Held Funds in Trust for Syed Saddiq

Based on the established purpose of the funds, the Court of Appeal concluded that PW13 held the RM120,000 in trust for Syed Saddiq. The court viewed the ABBE account as a temporary holding place for the money, meaning PW13 was accountable to Syed Saddiq. This interpretation signifies that the donors contributed the money directly to and for Syed Saddiq, with the ABBE account serving as an intermediary during the transit of the funds.
Wrong Belief of Entitlement Does Not Constitute Misappropriation

The Court of Appeal also addressed the legal implications of Syed Saddiq's belief regarding his entitlement to the money. The court stated that even if his belief that he was entitled to keep the funds was mistaken, it would not constitute the offence of dishonest misappropriation under Section 403 of the Penal Code. The court emphasized that a wrong conviction about one's right to possess property does not, in itself, fulfill the criteria for this specific criminal offence.

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Why did the Court of Appeal say RM120,000 belonged to Syed Saddiq?

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