In allowing the former youth and sports minister’s appeal, Justice Noorin Badaruddin said the appellant should have been acquitted without his defence being called during the trial.

Reading her judgment before a packed courtroom, she said the prosecution had failed to prove the ingredients of the predicate charges of abetting in criminal breach of trust (CBT) and dishonest misappropriation.

Noorin also said that the trial judge failed to appreciate Syed Saddiq’s defence and had treated it as a bare denial and afterthought.

“There was a serious misdirection by the trial judge which warranted appellate intervention,” she said.

Justices Ahmad Zaidi Ibrahim and Azman Abdullah also heard the appeal.

Syed Saddiq was found guilty in November 2023 of abetting in CBT involving more than RM1 million belonging to Bersatu Youth, and another count of dishonestly misappropriating property totalling more than RM120,000 also belonging to the wing.

The former Bersatu Youth chief was also convicted on two counts of money laundering for transferring a total of RM100,000 to his personal account from a company linked to the youth wing, Armada Bumi Bersatu Enterprise.

He was sentenced to three years’ jail and one stroke of the rotan on the CBT charge, two years and another stroke of the cane on the misappropriation charge, and another two-year jail term for each of the money laundering offences.

The Muda founder was also fined RM10 million.

In her decision today, Noorin said former Bersatu Youth assistant treasurer Rafiq Hakim Razali’s act of withdrawing RM1 million from its bank account did not amount to a violation of Section 405 of the Penal Code or the party’s constitution, especially Articles 24.7 and 24.8.

“There cannot be abetment when the appellant did not assist the principal offender,” she added.

The judge said no dishonest intention could be attributed to Syed Saddiq as not a single sen went into his pocket. The RM1 million was only meant for Bersatu Youth to carry out party programmes, she added.

“There was no wrongful gain by Syed Saddiq and no wrongful loss to Bersatu Youth.”

On the second charge of misappropriation, she said the RM120,000, comprising donations collected during fundraising events in Muar, Johor, and Ampang, Selangor, belonged to Syed Saddiq.

Noorin also said there was a strong basis to infer that Rafiq, the prosecution’s star witness, might have tailored his testimony under pressure from MACC investigators.

She said the trial judge had committed an appealable error by failing to analyse the defence case, in breach of Section 182(1A) of the Criminal Procedure Code.

“He did not consider all the evidence that spoke in favour of the accused,” she said, adding the court was mindful that an appellate bench must be slow to reverse the findings of the trial court.

Noorin found that the trial judge had failed to consider the submissions made by the lawyers who represented Syed Saddiq during the trial, which amounted to a serious misdirection.

Counsel Yusof Zainal Abiden, Hisyam Teh Poh Teik, S Devanandan, Alex Tan, Low Wei Loke, and Kee Wei Lon appeared for Syed Saddiq.

Deputy public prosecutors Wan Shaharuddin Wan Ladin and Farah Ezlin Yusop Khan acted for the prosecution.

Wan Shaharuddin said the prosecution would study the judgment before deciding to file an appeal to the Federal Court.

MACC chief commissioner Azam Baki later said the prosecution would appeal the decision.

It has 14 days from today to file a notice of appeal.