Judges entitled to their decision, says Court of Appeal president after dissenting Syed Saddiq's acquittal

 

Court of Appeal president Abu Bakar Jais took the time today to remind all parties that each judge is entitled to their own decision during Muar MP Syed Saddiq Syed Abdul Rahman’s graft case proceedings.

“We thanked the appellant (Attorney-General’s Chamber) and the respondent (Syed Saddiq) for their submissions.

“It must be explained here, as there are some who may not understand, that in the cases before the Court of Appeal of the Federal Court, each judge is entitled to make their own decision.

“It is not the case where the presiding judge can influence the other judges to decide. (I reiterate) That each judge has the right to make their own decision.

“We (the panel) need to explain this because we find that many people… It’s not their fault; they do not appreciate the process… So, listen to our judgments first,” Abu Bakar said, before delivering a 2-1 majority ruling upholding Syed Saddiq’s acquittal.

Muar MP Syed Saddiq Syed Abdul Rahman at the Palace of Justice today

Abu Bakar led today’s panel, which included Federal Court judges Che Ruzima Ghazali and Collin Lawrence Sequerah. 

The judges then took turns reading their findings in the order of the bench.

Brief adjournment adds to suspense

However, Abu Bakar stunned those in the gallery today after Che Ruzima finished reading his findings when the lead judge asked both the prosecution, led by Wan Shaharuddin Wan Ladin and Syed Saddiq’s defence team led by Hisyam Teh Pok Teik whether the parties are “ready” to hear Sequerah’s decision.

“You see one decision against the respondent; you see another decision for the respondent.

“So now what will determine the overall outcome is the decision by Sequerah? So I want to ask Wan Shaharuddin and Hisyam: are you ready to receive the decision, or do you want to take a 10, 15 minutes break?

“Before you answer this, I think you need to gauge the sentiment of the audience. Before you know the exact decision… because this is the (panel’s) final decision.

“So what say you?” Abu Bakar asked, to which Wan Shaharuddin said he could use a quick break.

“So it is not the panel’s ‘fault’, as Wan Shaharuddin wants to sustain the suspense. Apa nak jadi ni (what to do),” Abu Bakar replies, which sent laughter across the gallery before the court adjourned briefly.

The panel, at the conclusion of the proceedings, unanimously maintained Syed Saddiq’s acquittal from the charge of abetting criminal breach of trust under Section 406 of the Penal Code.

Che Ruzima and Sequerah also upheld the Court of Appeal’s decision to acquit Syed Saddiq of his remaining charges - one for criminal misappropriation under Section 403 of the Penal Code and two for money laundering.

Abu Bakar, in his dissenting ruling, argued that Syed Saddiq’s conviction for criminal misappropriation and money laundering should be reinstated, and handed him a sentence of six months in jail and one stroke of the cane, as well as RM5 million in fines for each of the money laundering charges.

However, Abu Bakar said his decision was immaterial as the majority of the panel had ruled in Syed Saddiq’s favour.

Here are Abu Bakar, Che Ruzima, and Sequerah’s grounds of judgment.

Abu Bakar:

Che Ruzima:

Sequerah:

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 - Mkini