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2019 MarsdenLR 640

FEDERAL COURT PUTRAJAYA
PP – Appellant
Versus
DATO SRI MOHD NAJIB HJ ABD RAZAK & OTHER APPEALS – Respondent
[Criminal Appeals No: 05(L)-(72)-03-2019(W) 05(L)-(73)-03-2019(W) & 05(L)-(74)-03-2019(W)]



Petitioner Advocates:Tommy Thomas,Sithambaram Vairavan, Manoj Kurup, Donald Joseph Franklin,Izzat Fauzan ,Respondent Advocate: Harvinderjit Singh,Farhan Read, Wan Aizuddin Wan Mohamed, Rahmat Hazlan, Farhan Shafee,Shahirah Hanapiah

The court held that a stay of criminal proceedings requires exceptional circumstances and emphasized the public interest in expeditious trials.

Headnote:This judgment revolves around an appeal against the Court of Appeal's decision granting a stay of criminal proceedings under several statutes, including the Courts of Judicature Act 1964. The appellant contends that such a stay is not warranted as the test for stays in criminal proceedings differs significantly from civil matters, and that the absence of exceptional circumstances to justify a stay mandates proceeding with the trial expeditiously. The issues of whether the Court of Appeal exceeded its jurisdiction and the interpretation of relevant statutory provisions are raised. The Court emphasized the strong public interest in the expeditious prosecution of serious offenses and the principles governing stays in criminal matters. The Court concluded that the appeal was meritorious, setting aside the stay order and dismissing the respondent's oral application for a stay of the proceedings, remanding the case back to the High Court to continue the trial.

Table of Content
1. introduction of respondent's charges (Para 1 , 2)
2. respondent's charges are serious, involving public and national interest. (Para 3)

[1] The respondent is the immediate former Prime Minister of Malaysia who is currently facing seven charges before the High Court, ie (i) one charge under s 23 of the MACC Act ; (ii) three charges under s 409 of the Penal Code and (iii) three charges for offences under s 4 of the Anti-Money Laundering, Anti- Terrorism Financing and Proceeds of Unlawful Activities Act 2001 ("the AMLATFA proceedings").

[2] The present appeals emanate from the decision of the Court of Appeal granting an order of stay of proceedings and consequently stopping the commencement of a trial against the respondent at the High Court pending the disposal of his appeals to this Court. Dissatisfied with the decision of the Court of Appeal granting stay, the appellant filed the present appeals.

[3] The three appeals pending before this Court filed by the respondent relate to:

a. his failure to secure a "gag order" restraining publication by members of the public on matters pertaining to his prosecution and trial;

b. his failure to secure documents other than those provided under s 51A of the Criminal Procedure Code (" CPC ") prior to the commencement of trial although 32 bundles (7,000 pages) of documents had already been served to him by the prosecution in compliance with its statutory duty under s 51A of the ; and

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