Federal Court pauses Syed Saddiq appeal, tells prosecution and defence to reassess positions

PUTRAJAYA, Dec 12 — The Federal Court today instructed both the prosecution and defence in Syed Saddiq Syed Abdul Rahman’s appeal to “go back, reflect, and reconsider,” in an unusual directive that effectively pauses the proceedings while the prosecution reviews whether it still intends to challenge the Muar MP’s acquittal.

Court of Appeal President Datuk Abu Bakar Jais, chairing the three-member panel, told the parties that after two days of submissions and a review of extensive written arguments and previous judgments from both the High Court and Court of Appeal, it was appropriate for all sides to step back and reassess their stance.

Using a hockey analogy in open court, Abu Bakar said the panel was granting both sides a “cooling-off period” to consider whether they wish to maintain their appeal or defence positions.

“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 said.

“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 three-judge panel also included Datuk Che Mohd Ruzima Razali and Datuk Collin Lawrence Sequerah.

He stressed that he expected both teams — particularly the prosecution, led by Deputy Public Prosecutors Datuk Wan Shaharuddin Wan Ladin and Datuk Akram Gharib, and the defence, represented by Datuk Hisyam Teh Poh Teik and Datuk Ambiga Sreenevasan for Syed Saddiq — to treat the directive seriously.

Abu Bakar, drawing on his experience as a former DPP, noted that the Attorney General’s Chambers (AGC) traditionally conducts internal reviews before deciding whether to continue with or withdraw 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.

The panel set a one-week timeline for Akram to file additional written submissions, followed by another week for the defence to review and respond before indicating their position. If no response is given, the bench will proceed to prepare and deliver its judgment.

“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 DPP Wan Shaharuddin sought clarification, Abu Bakar reiterated that both sides should take the opportunity to reassess the merits of continuing with the appeal.

“This has happened before — appeals are sometimes withdrawn. So reflect, and let us know,” he said.

When defence counsel Hisyam asked if common dates could be set should the court decide to proceed, the judge replied wryly:

“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 acquitting 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 linked to RM100,000 in transfers to his ASB account.

Over the past two days, the defence argued that the Court of Appeal was correct in ruling no prima facie case existed, that the High Court misapplied the law, and that key prosecution witnesses — particularly SP13 — were unreliable and may have been pressured by investigators.

SP13, the prosecution’s star witness, was former Armada Assistant Treasurer Rafiq Hakim Razali.

The prosecution countered that the Court of Appeal “rewrote the law” and erred in overturning the trial court’s findings.

The parties must now inform the court within a week whether they intend to proceed with the appeal or reconsider their positions. The Federal Court will then notify them of when its decision will be delivered.

Syed Saddiq, who co-founded MUDA after leaving Bersatu, attended today’s proceedings with his legal team, family members including his brother Syed Abdullah Syed Abdul Rahman, widely known as Space Dollah, and rumored partner, singer and actress Bella Astillah, who was present yesterday.