JUDGMENT

Che Mohd Ruzima Ghazali FCJ (Majority):

Introduction

[1] Briefly, the respondent, Syed Saddiq bin Syed Abdul Rahman (SS), faces four charges under three registered cases before the High Court. For the registered case no. WA-45-21-11/2021, SS faces a charge under s 406 of the Penal Code (PC) read together with s 109 of the PC (abetment charge). For the case no. WA-45-22-11/2021, SS faces a charge under s 403 of the PC (s 403 charge), and for the case no. WA-45-23-11/2021, SS faces two charges under s 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA), punishable under s 4(1) of the AMLA (AMLA charges).

Background Facts

[2] The Court of Appeal observed the following brief facts for the abetment charge narrated from the prosecution's case. SS was the Head of Parti Pribumi Bersatu Malaysia (BERSATU) youth wing, Angkatan Bersatu Anak Muda (Armada) at the material time. Between February and early March 2020, a development in the political arena of Malaysia commonly referred to as the "Sheraton Move", saw the fall of the ruling Pakatan Harapan coalition Government and the resignation of Prime Minister Tun Dr Mahathir Mohamad. Thereafter, Tan Sri Muhyiddin Yassin was then sworn in as the Prime Minister of Malaysia. In early March 2020, a meeting was held at SS's house. SS, Rafiq Hakim Razali (PW13), who was the Assistant Treasurer of Armada at the material time, Ahmad Redzuan Mohamed Shafi (PW11), who was the Assistant Secretary of Armada at the material time, and two other persons by the name of Ulya Aqamah bin Husamudin (SD3) and Aizad attended the meeting. It was at this meeting that SS was alleged to have instructed PW11 and PW13 to withdraw monies from Armada's official account No. 80-0848352-5 in CIMB Bank (Armada's account). Pursuant to this alleged instruction, PW11 and PW13 proceeded to withdraw RM1 million from Armada's account on 6.3.2020. It is the prosecution's case that as the head of Armada, SS was subjected to the Constitution of Armada (P53) where Article (Art.) 18 of P53 states that: