SYED SADDIQ BIN SYED ABDUL RAHMAN

SYED SADDIQ BIN SYED ABDUL RAHMAN

Court found trial judge erred: withdrawal alone did not satisfy any actus reus of criminal breach of trust or dishonest misappropriation; evidence showed withdrawn RM1,000,000 was used for Armada programs and RM120,000 fundraising proceeds were treated as belonging to appellant for campaign purposes; key prosecution...

Source-derived case information.

Citation
W-05(SH)-555-11/2023 (Mahkamah Rayuan)
Parties
Appellant: Syed Saddiq bin Syed Abdul Rahman; Respondent: Public Prosecutor
Court
SH
Jurisdiction
Malaysia
Judgment Date
25 June 2025
Case Number
W-05(SH)-555-11/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment Disposing the Appeal (convictions Quashed)
Outcome
Appeal allowed; convictions and sentences set aside; appellant acquitted and discharged of all charges
Legal Topics
Criminal Breach of Trust, Abetment, Misappropriation, Section 403 Penal Code, Section 405 Penal Code, AMLA S.4(1)(b) (act 613), CPC S.182 a Judicial Consideration of All Evidence, Witness Credibility, Prima Facie Burden
Criminal Law Anti Money Laundering Law Evidence Law Procedural Law Criminal Breach of Trust Abetment Misappropriation Section 403 Penal Code +5 more

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Parties

Syed Saddiq bin Syed Abdul Rahman

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment Disposing the Appeal (convictions Quashed)

Legal Issues

  1. 1 Whether withdrawal of RM1,000,000 constituted criminal breach of trust or misappropriation under s.405/403 Penal Code
  2. 2 Whether the appellant abetted a criminal breach of trust under ss.107/108 Penal Code
  3. 3 Whether RM120,000 transfers amounted to dishonest misappropriation under s.403 Penal Code

Ratio Decidendi

Court found trial judge erred: withdrawal alone did not satisfy any actus reus of criminal breach of trust or dishonest misappropriation; evidence showed withdrawn RM1,000,000 was used for Armada programs and RM120,000 fundraising proceeds were treated as belonging to appellant for campaign purposes; key prosecution witness evidence was inconsistent and possibly tainted; trial judge failed to consider defence and all evidence as required by CPC s.182A; therefore prima facie and substantive proof for s.403 and AMLA offences absent — convictions unsafe and set aside.

Court Disposition

Appeal allowed; convictions and sentences set aside; appellant acquitted and discharged of all charges

Orders

  • Convictions and sentences set aside
  • Appellant acquitted and discharged of the charges