THE Federal Court has taken the unusual step of pausing proceedings in the prosecution’s appeal against the acquittal of Muar MP Syed Saddiq Syed Abdul Rahman, directing both the prosecution and defence to “go back, reflect, and reconsider” whether they wish to maintain their positions.
Presiding over the three-judge panel, Court of Appeal President Datuk Abu Bakar Jais said the directive followed two days of submissions, along with a detailed review of written arguments and earlier rulings by both the High Court and Court of Appeal.
Using a hockey analogy in court, he remarked: “When the referee feels the players are not playing according to the rules, he sends them off for a few minutes to cool down before they return to the field.”
He added: “I’m asking both parties to go back, reflect on your submissions, and then tell us your position. Do you still feel strongly that the appeals should be decided by this court, or do you need to revisit and review everything?”
The panel — also comprising Datuk Che Mohd Ruzima Razali and Datuk Collin Lawrence Sequerah — emphasised that the direction must be taken seriously, particularly by the prosecution team led by Deputy Public Prosecutors Datuk Wan Shaharuddin Wan Ladin and Datuk Akram Gharib, and the defence team of Datuk Hisyam Teh Poh Teik and Datuk Ambiga Sreenevasan.
Drawing from his own experience as a former DPP, Abu Bakar noted that the Attorney General’s Chambers traditionally reassesses its cases internally before deciding whether to press on with appeals.
“If after reviewing the case you still believe you can prove your appeal, then by all means proceed. But if you review everything and feel there is not much substance, then inform the court,” he said.
Under the court’s direction, Akram must file additional written submissions within a week, after which the defence will have a further week to respond before indicating their final position. If no response is filed, the judges will proceed to prepare and deliver their decision.
“All three judges will be writing grounds of judgment,” Abu Bakar said. “Whether leave is granted or not will depend on those three judgments. That is why we are limiting the number of days for both prosecution and defence to reply.”
When Wan Shaharuddin sought clarification, Abu Bakar reiterated that both sides should genuinely reconsider the merits of continuing. “This has happened before — appeals are sometimes withdrawn. So reflect, and let us know.”
Responding to a query from Hisyam regarding scheduling, Abu Bakar quipped: “When we fix the decision date, it is only to inform the parties. Whether you are in the Caribbean or some exotic location is not our concern. We will deliver the decision regardless.”
The prosecution is appealing the Court of Appeal’s July decision to acquit Syed Saddiq of four charges: abetting criminal breach of trust involving RM1 million in Armada Bersatu funds; misappropriating RM120,000 raised from political fundraising dinners; and two money-laundering charges involving RM100,000 transferred to his ASB account.
Over the past two days, the defence argued that the Court of Appeal was right in finding no prima facie case, maintaining that the High Court had misapplied the law and that key prosecution witnesses — particularly SP13, former Armada assistant treasurer Rafiq Hakim Razali — were unreliable and may have been pressured by investigators.
The prosecution countered that the appellate court “rewrote the law” and erred in overturning the trial court’s findings.
Both sides must inform the Federal Court within a week whether they intend to pursue the appeal or reconsider their stance. The court will subsequently fix a date to deliver its decision.
Syed Saddiq attended today’s proceedings with his legal team, family members — including his brother, Syed Abdullah Syed Abdul Rahman, known as Space Dollah — and his rumoured partner, singer and actress Bella Astillah, who was present at the earlier hearing. - December 12, 2025
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