JUNE 27 — An appeal is a creature of statute and will only lie if a statute gives such a right and then only within the limits which the statute giving the right stipulates.
Accordingly, by reason of Section 87(1) of the Courts of Judicature Act 1964, an appeal lies to the country’s apex court — that is, the Federal Court — from any decision of the Court of Appeal in its appellate jurisdiction in respect of a criminal matter decided by the High Court in its original jurisdiction.
This means that the criminal trial must commence in the High Court, as the case was in the corruption case of former youth and sports minister Syed Saddiq Syed Abdul Rahman.
Lawyer Hisyam Teh Poh Teik speaks to the press on behalf of Muar MP Syed Saddiq Abd Rahman as they walks out of the courtroom after facing the decision of his 4 charges here at the Palace of Justice. — Picture by Sayuti Zainudin
Syed Saddiq was convicted by the High Court in 2023. On Wednesday (June 25), the Court of Appeal quashed the conviction, ruling unanimously that the High Court judge had erred in several decisions, and that there was no element of dishonesty when the former minister instructed his staff to remove money from Bersatu’s youth branch Armada’s bank accounts.
The Public Prosecutor has not waited long to appeal against the acquittal having filed a notice of appeal the very next day (June 26).
Syed Saddiq faces another court battle for his freedom. As the song goes, it ain’t over ’til it’s over.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
