THE prosecution is fully prepared to proceed with its appeal against the Court of Appeal’s decision to acquit Muar Member of Parliament Syed Saddiq Syed Abdul Rahman, according to Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin.
Speaking to the press, Wan Shaharuddin, who also serves as Senior Director of the Legal and Prosecution Division at the Malaysian Anti-Corruption Commission (MACC), confirmed that the prosecution has finalised its arguments and is ready to present them in court.
“The appellant is prepared, and the written submissions are complete,” he said. “However, the respondent’s counsel has requested a January hearing date, which was not agreed to by the court.”
He added that Chief Justice Tun Tengku Maimun Tuan Mat had instructed for the appeal to be scheduled either in late November or early December.
As a result, both parties have been asked to submit formal letters to the court indicating their availability. “We are ready for either December or January,” said Wan Shaharuddin.
The case management session was held via Zoom before Federal Court Deputy Registrar Mahyun Yusof.
Defence counsel Datuk Hisyam Teh Poh Teik, representing Syed Saddiq, confirmed the matter when contacted, stating that he had informed the court his team preferred a hearing in mid to late January.
“We were asked to submit a written explanation for this request,” Hisyam said, adding that the letter would be sent to the court today.
On 22 September, the prosecution filed a petition containing 25 grounds urging the Federal Court to overturn the Court of Appeal’s ruling and reinstate Syed Saddiq’s conviction and sentence, which had included seven years' imprisonment, two strokes of the cane, and a RM10 million fine.
The Court of Appeal panel, comprising Justices Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah, and Datuk Noorin Badaruddin, had unanimously allowed Syed Saddiq’s appeal on 25 June, acquitting him of all charges linked to misappropriation of funds from Angkatan Bersatu Anak Muda (ARMADA), the youth wing of Bersatu.
According to the prosecution’s petition, 15 of the 28 total grounds challenge the acquittal on the criminal breach of trust charge under Section 406 of the Penal Code, nine relate to the misuse of property charge under Section 403, and four concern money laundering charges under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).
Among the key points raised, the prosecution argued that the Court of Appeal erred in law when it found no prima facie case, despite what it claimed was “credible and compelling” evidence supporting all elements of abetment.
It also contended that the appellate court was mistaken in concluding that a money laundering conviction could not stand without a predicate offence, arguing that Section 4(1)(b) of the AMLATFPUAA can operate independently.
The Federal Court is expected to set a new date for the appeal hearing following submissions from both sides. - September 30, 2025
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