Nazlan rules the defence has demonstrated exceptional circumstances to qualify for stay of execution for the sentence as well as the fine.
6.35pm: After the sentence was passed, defence counsel Harvinderjit Singh begins the process of applying for a stay of execution pending an appeal at the Court of Appeal.
He cites case judgments to bolster the defence’s argument that additional bail is not required following a conviction.
Najib has already posted RM6 million in total for the five trials he is facing.
Harvinderjit argues that public confidence would be affected if Najib is not granted a stay due to his status as MP adding that Najib’s status in his other trials would also be adversely affected.
6.58pm: Sithambaram responds saying the granting of stay is “the exception to a general rule”.
He says there must be “special circumstances” to a warrant the granting of a stay.
7.08pm: Sithambaram says the defence has not demonstrated exceptional circumstances that qualifies for stay.
7.16pm: Shafee responds by saying that the RM210 million fine amount is unprecedented and warrants to be called “exceptional circumstances.”
“Bear in mind he has other commitments of RM1.69 billion. That is already going to cause him a staggering sort of situation.”
7.20pm: Shafee then refers to Article 5 and 8 of the federal constitution and calls the court to examine all VIP cases cited by Sithambaram.
“Not a single one was given a stay. Anwar Ibrahim finally got a stay at the federal court,” says the lawyer.
“The fact remains he (Najib) has got the right go through two tiers of appeals. Then comes the issue, do we imprison him (during the appeals)? What if at the end of the appeals he wins it? Isn’t it nugatory?”
“It’s like the Malay saying, sia-sia.”
“I implore Yang Arif that not giving a stay will cause him tremendous grievance. Stay can always be given by Yang Arif on condition. It is entirely up to Yang Arif’s discretion, how such conditions are applied.”
7.27pm: Shafee says the full written judgment is only available in three weeks, adds that the defence is expected to file its appeal in three months.
“My client will be present in court. There is no prejudice in granting the stay, but it is an overwhelming prejudice if Yang Arif does not grant stay – because we are involved in all the cases my client are involved in, such as tomorrow’s case (1MDB audit report tampering hearing).”
Shafee concludes his submission.
7.33pm: Nazlan rules the defence has demonstrated exceptional circumstances to qualify for stay of execution for the sentence as well as the fine.
He, however, orders the bail amount to be increased by an additional RM1 million with two sureties, to be paid by tomorrow.
He also orders Najib to report himself to the nearest police station on the 1st and 15th of each month.
Court adjourns. Najib immediately leaves the court.
He is flanked by some supporters. – TMI
Earlier report: Jul 28, Najib’s SRC Trial: Najib Sentenced to 12 Years, Fined RM210M