A stay of proceedings may be warranted to prevent a trial's nullity if the appeal outcome risks rendering the trial worthless.

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 Court (HC).

[4] Pursuant to the said two transfer certificates, the Registry accordingly transferred the said two High Court cases from the Kuala Lumpur Sessions Court to the Kuala Lumpur High Court and registered in High Court (Criminal) No 3 before Justice Dato' Indera Mohd Sofian bin Tan Sri Abd Razak ["Justice Sofian"] as:

a. WA-45-2-07/2018 in respect of a charge under s 23 MACC Act; and

b. WA-45-3-07/2018 in respect of the three charges under s 409 of the Penal Code.

[hereinafter collectively referred to as the "two High Court cases"]

[5] After pleas were taken from the Applicant and upon application by the Applicant, granted an interim gag order prohibiting sub-judice publication. At the same time, the matter was set down on 8 August 2018 for case management and also for hearing of the gap application by the Applicant.

[6] On 8 August 2018, the Applicant was produced before the Sessions Court and the prosecution preferred three additional charges under s 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing And Proceeds Of Unlawful Activities Act 2001 (AMLATFA) against him. It was registered as No.WA-61R-11-08/2018.

[7] Thereafter, pursuant to the Certificate dated 7 August 2018 issued by the prosecution under s 418A of the Criminal Procedure Code ( CPC ) for the case to be transferred to the High Court, the Registry accordingly transferred the case No.WA-61R-11-08/2018 and registered it in the High Court [Criminal] No 3 as case No WA-45-5-08/2018 before Justice Mohd Nazlan bin Mohd Ghazali ["Justice Nazlan"].

[8] Justice Nazlan, upon the pleas being duly taken and upon the application of the prosecution, ordered that the earlier two High Court cases and Case No: WA-45-5-08/2018 [hereinafter collectively referred to as the "said three High Court cases'] be jointly tried.

[9] Further, Justice Nazlan, upon hearing the submissions of the parties, dismissed the gag application. Dissatisfied, the Applicant appealed against the said decision vide Court of Appeal Criminal Appeal No: W-05-415-08/2018.

[10] The three cases were scheduled to be heard on 12 February 2019.

[11] Thereafter, the Applicant filed the following applications:

a. On 2 October 2018, Notice of Motion for discovery of certain documents in the prosecution's possession ["discovery application"]; and

b. On 26 November 2018, Notice of Motion for production of appointment/authorization document relating to the appointment of Datuk Haji Sulaiman Abdullah's appointment under s 379 Criminal Procedure Code ["the Fiat application"].

[12] On 18 December 2018, the High Court heard both the discovery application and the Fiat application and dismissed them both.

[13] Dissatisfied, the Applicant filed two notices of appeal both dated 21 December 2018 and appealed to the Court of Appeal vide Court of Appe