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COURT OF APPEAL PUTRAJAYA
DATO SRI MOHD NAJIB HJ ABD RAZAK – Appellant
Versus
PP – Respondent
| Table of Content |
|---|
| 1. background facts regarding charges and court proceedings. (Para 1 , 2 , 4 , 8) |
| 2. prosecution's actions led to case transfers between courts. (Para 6) |
| 3. court's emphasis on stay applications implications of trial nullity. (Para 25 , 26 , 28 , 31 , 36) |
| 4. the applicant argues against procedural correctness. (Para 27 , 29) |
| 5. special circumstances necessitate a stay of the trial. (Para 35) |
| 6. decision to grant stay based on procedural considerations. (Para 37 , 39) |
Background Fact
[1] On 4 July 2018, the Applicant) was arraigned before the Kuala Lumpur Sessions Court (KLSC) on the following offences:
a. A charge for an offence under s 23 of the Malaysian Anti-Corruption Commission Act 2009 (MACC Act) registered as WA-61R-10-07/2018; and
b. 3 Charges for offences under s 409 of the Penal Code registered as WA-61K-2-07/2018.
[hereinafter collectively referred to as the "said two cases"]
[2] The pleas were duly taken in the Sessions Court and the Applicant claimed trial to all the four charges aforementioned.
[3] Thereafter, the prosecution issued two certificates dated 3 July 2018 under s 60 of the MACC Act for the said two cases to be transferred to the High
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