Najib granted stay of execution, avoids serving jail time until final appeal in Federal Court

The Palace of Justice as seen on Wednesday (Dec 8). Najib will not have to serve his sentence in jail or pay his fine until his final appeal is disposed of in the Federal Court. (Photo by Zahid Izzani Mohd Said/The Edge)

The Palace of Justice as seen on Wednesday (Dec 8). Najib will not have to serve his sentence in jail or pay his fine until his final appeal is disposed of in the Federal Court. (Photo by Zahid Izzani Mohd Said/The Edge)

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PUTRAJAYA (Dec 8): After upholding Datuk Seri Najib Razak’s conviction including a 12-year jail term and a RM210 million fine for his role in the RM42 million SRC International Sdn Bhd case, the Court of Appeal on Wednesday (Dec 8) granted the former prime minister a stay of execution of the sentence.

This means that Najib will not have to serve his sentence in jail or pay his fine until his final appeal is disposed of in the Federal Court.

Court of Appeal Judges Datuk Abdul Karim Abdul Jalil, Datuk Has Zanah Mehat and Datuk Vazeer Alam Mydin Meera granted the stay of execution to Najib after his lawyers told the court that they will be appealing against its decision in the Federal Court.

During proceedings on Wednesday, Najib’s lawyer Tan Sri Muhammad Shafee Abdullah said immediately after the judgement was meted out that his team on behalf of Najib would immediately file a notice of appeal with the Federal Court to get the ball rolling for the appeal.

Co-counsel Farhan Read then submitted on Najib’s behalf to urge the court to grant the stay of execution pending the final appeal.

Farhan asked the judges to consider the stay as if it is not granted, Najib would immediately lose his privilege and responsibility to his constituents as Pekan’s Member of Parliament and the Umno division chief.

“If the applicant’s stay were to be denied, it would carry grave prejudice against the constituents of Pekan as well as result in disruption to his membership in Umno via Section 9(A)(1) of the Societies Act,” he said.

He also said that in addition to Najib’s criminal cases, the former premier is also fighting four civil suits, all centred around 1Malaysia Development Bhd (1MDB).

“This is an unprecedented situation of fighting a war on 10 separate fronts on various forums simultaneously, which is a first in Malaysian history,” he told the judges.

The bench then allowed the stay of execution, which mirrors the terms set by the High Court when Najib was convicted there.

The Edge is covering the trial live here.

Users of The Edge Markets app may tap here to access the live report.

Read also:
SRC International case: COA throws out Najib’s bid to have conviction overturned
What transpired as national interests became a national embarrassment, says Court of Appeal
Shafee: Usage of ‘national embarrassment’ in CoA decision unnecessary, almost defamatory
Najib shut his eyes on origins of RM42m in his accounts, says appeals court
Najib remains a lawmaker despite appeals court’s decision to uphold his conviction, says lawyer
Najib was the 'directing and controlling mind' of SRC, says judge

Surin Murugiah