
KUALA LUMPUR (Oct 14): The High Court here on Wednesday refused to grant former prime minister Datuk Seri Najib Razak a stay of his jail sentence in the 1Malaysia Development Bhd (1MDB) case.
High Court judge Noor Ruwena Md Nurdin denied the request after hearing submissions from Najib’s lawyer Tan Sri Muhammad Shafee Abdullah and deputy public prosecutor Datuk Ahmad Akram Gharib.
Najib’s application failed to satisfy the special circumstances test required under Section 57 of the Courts of Judicature Act 1964 and Section 311 of the Criminal Procedure Code, the judge said.
Further, the magnitude of the fine does not warrant a stay.
Ruwena said Najib could no longer be considered a first-time offender following his conviction and imprisonment for the SRC International Sdn Bhd case, which was upheld by the Federal Court.
She said the gravity of the offences was an important public interest consideration in deciding whether to grant a stay.
She rejected Najib’s medical condition as grounds for the application, saying the report submitted to the court showed that he was receiving adequate treatment.
"The medical report presented to the court gave me the impression that the applicant's medical needs are very well taken care of by the government's hospitals and experts," she said.
During submissions, Shafee had argued that Najib’s health, age and the duration of his sentence could expose him to health complications before his appeal was heard.
Shafee referred to a medical report issued by Kajang Prison on Oct 7, which listed 14 medical issues, including coronary artery disease, hypertension, obstructive sleep apnoea, osteoarthritis, glaucoma and pre-diabetes.
The report stated that Najib had been prescribed 15 medications, 14 of which are taken daily, while his vital signs must be monitored twice a day.
Shafee argued that the stay on the jail sentence should be granted, as Najib could be needlessly imprisoned if the Court of Appeal overturns the 1MDB conviction.
The prosecution, led by Akram, opposed the application, saying Najib had failed to establish any special or exceptional circumstances warranting a stay.
He said that there was no evidence that Najib’s health could not be managed in prison, or that his health would suffer.
He added that Najib had adequate medical care as evidenced by his access to specialist treatment outside prison.
Najib was sentenced to 15 years' jail and fined RM11.38 billion by trial judge Datuk Collin Lawrence Sequerah on Dec 26 last year.
The former prime minister was found guilty of 25 charges of power abuse and money laundering involving RM2.3 billion of 1MDB funds.
Najib is currently in jail for a separate conviction of siphoning RM42 million from former 1MDB subsidiary SRC. He is due to serve the 1MDB jail time after the SRC sentence ends in August 2028.
Last month, the Pardons Board allowed Najib to spend the remainder of his SRC jail time in home confinement if he paid the accompanying RM50 million fine.
Despite efforts by Umno to publicly raise the funds, Najib has not paid the fine and remains in jail.
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