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  • 13 hours ago
Datuk Seri Najib Razak will file a fresh application at the Court of Appeal for a stay of execution on his 15-year prison sentence and RM11.38bil fine in his RM2.28bil 1Malaysia Development Bhd (1MDB) corruption case.

This comes after the Kuala Lumpur High Court dismissed his application for a stay of execution pending appeal on Wednesday (Oct 14).

Defence counsel Tan Sri Muhammad Shafee Abdullah said the legal team would seek a stay of both the conviction and sentences, with bail to follow if the application is allowed.

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00:03so today we had the application for stay of liability that is conviction and sentences
00:15and also for bail subsequent to that of course bail will have to be the relevant issue now we
00:23are very disappointed in fact in fact shocked of the decision today because there is no reason for
00:32us to lose especially in the light of the fact that the prosecution considered that this is a 50 50
00:42case for appeal you imagine that we need only to raise a reasonable doubt that mean we don't need
00:50to be 50 percent we need to be whatever percent but there is a doubt that we raise but kalau
00:5650 50 the
00:57prosecution themselves is saying that this is a doubtful conviction so on that ground alone the
01:05prosecution was kind enough to concede okay that's number one the judge didn't touch very much on
01:12but worse than that the prosecution having read our submission today also considered that this is
01:23not uh what they call it a repeat offender case kalau repeat offender the law says it is a bit
01:32more
01:33difficult to give stay and bail not not necessarily uh it is a gone conclusion but more difficult
01:42but the prosecution said this is not a repeat offender because one mdb and src the offenses
01:51were running in the same period if we run in the same period how can it be a repeat offender
01:57because repeat offender means or rather in repeat offense means you completed one offense
02:03completely then you comment another one so you become a repeat repeat offender okay so the prosecution said
02:12this is not a repeat offender yet the judge did not adhere to the two councils who agreed that this
02:22is not a
02:23repeat uh offense concluded that this is a repeat offender in spite of everything that we have said so what
02:31we are
02:31going to do is we are going to go straight to the court of appeal we are not appealing because
02:37appealing takes long
02:38we're going to make an application and i've asked for the judge to give us a copy of our judgment
02:44and we will scrutinize the judgment for purposes of our appeal at the court of appeal okay we are we
02:53are confident
02:53that we are on the right track we are absolutely confident we should have been given bail as well as
03:00stay today
03:07now as you know article 8 is uh equality article 8 and article 5 article 5 is uh right to
03:17a federal right to a federal
03:18include right to uh proceed on a correct procedure uh to fight for your right in appeal and one of
03:27the right
03:28in appeal is to get your stay so that client can come out and be with us together in the
03:33office prepare
03:34the case for the for the appeal okay here it looks like article 8 which was not dealt with by
03:41the judge i think
03:42i i don't remember she reading it looks like our client is uh treated differently from the rest
03:49all day but she said that public interest is overwhelming but public interest is when you
03:58consider how to punish him not when it is a question of uh stay and be okay yes sorry
04:09yes we are not appealing we are going to the court of appeal to file a similar application oh i
04:16see yeah
04:17so we we we bypass the method of appeal with the method of appeal you need to wait for her
04:22judgment you
04:23need to wait the notes of proceeding and so on no no no we have indicated we are going to
04:42no no no no that's one of the reasons why we say we should uh get the the stay because
04:51the appeal on the main case is going to take years we don't know okay how does this affect the
04:58house
04:58rice holder it doesn't it doesn't because uh when my client pays the 50 million uh he is he can
05:10dislocate
05:11himself serve the src uh order until 2028 a certain date in 2028 only in 2028 if he still doesn't
05:24get the
05:25stay of the uh one mdb after the house arrest he goes back to the prison but until 20 2028
05:35he is free
05:37okay and then many things can happen in that two years okay has your client raised the 50 million yet
05:43i do not know that's not my job okay i wish it's my job but it's not
05:47very disappointed very disappointed and in fact very frustrated uh with the state of
05:56effects
05:57haa bagi sidang media di palimau yang kata datuk seri najib dah dapat surat untuk perlaksanaan
06:03tanah rumah dan SOP telah dikeluarkan yes
06:06dan memang betul datuk seri najib memang sudah pun diberikan perintah apa ni perintah yang
06:15dipertuan agung dan perintah tersebut juga ada appendix berkenaan dengan condition ataupun terms and
06:26condition of that order mechanism okay but we cannot tell you or rather datuk seri najib cannot tell you what
06:36are
06:36the contents so but he has been told by the prison he cannot he cannot disclose the content it is
06:43only
06:43for him because they kata if you disclose the content public and the press mula nanti
06:52buat cerita macam-macam you know everybody discuss
06:59no that one is confirm number eleven
07:02langgak duta yeah yeah yeah he can stay with his family
07:07alasan penghakiman hari ni saya pun rasa
07:13haa kemuskilan tak begitu faham sebab
07:19ianya tak masuk logik
07:22haa keputusan yang dibuat hari ni
07:24sebab semua yang kita sebut
07:27kita setelah pun mengikuti
07:29haa condition-condition yang
07:31haa tersebut dalam
07:33dua tiga kes yang agak
07:35paling mustahak
07:36haa jadi bila
07:37yang Arif Hakim katakan
07:39haa ini adalah satu
07:41kes public interest
07:43haa is a serious offense
07:45that's not a apa ni itu bukan
07:48haa parti
07:49haa parti-parti yang kita nak
07:52consider
07:53haa ingredients yang kita nak consider
07:55berkenaan dengan
07:57haa state
07:58ok itu adalah satu
08:01haa fakta-fakta yang kita consider
08:03berkenaan dengan sama ada nak
08:06panjangkan dia punya
08:08hukuman atau tidak
08:09haa nothing to do with student
08:11alright
08:22it is also
08:25it is also called an application
08:27for state
08:28but
08:29the focus now is at the court open
08:32the reason we do that is that
08:33to save time
08:35we can move quicker there
08:42no no no stay first
08:44then bail become subsidiary
08:46in one application
08:48but stay first
08:49ok
08:50alright thank you
08:52thank you

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