KUALA LUMPUR: Datuk Seri Najib Razak will file a fresh application at the Court of Appeal to stay his 15-year jail sentence in the 1Malaysia Development Bhd (1MDB) case after the High Court dismissed his application today.
His lawyer, Tan Sri Muhammad Shafee Abdullah, said the defence would take the matter to the appellate court, as it believed there were sufficient grounds to justify a stay pending Najib's appeal against his conviction and sentence.
"We will go to the Court of Appeal to file a similar application. We should get the stay because the appeal on the main case is going to take years," he told reporters after the proceedings.
Shafee said the defence was surprised and disappointed by the High Court's decision, as it believed Najib had met the legal requirements for a stay.
He questioned the reasoning behind the dismissal, saying the court had placed emphasis on the seriousness of the offences and public interest considerations.
Shafee said such factors were more relevant to sentencing than to determining whether a sentence should be stayed pending appeal.
He also disputed the court's finding that Najib could no longer be regarded as a first-time offender because of his previous conviction in the SRC International case.
Shafee said the offences in the SRC International and 1MDB cases occurred during approximately the same period and should not be treated as separate instances of repeat offending.
He said the defence would prioritise filing the fresh application at the Court of Appeal to avoid further delays.
"We can move quicker there. Stay first, then bail will become subsidiary," he said.
Asked about Najib's reaction to the decision, Shafee said the 73-year-old former prime minister was disappointed and frustrated.
"He is very disappointed. Frustrated," he said.
Earlier, High Court judge Noor Ruwena Md Nurdin dismissed Najib's application after finding that he had failed to establish any special circumstances warranting a stay of his sentence.
The judge also held that Najib could no longer be considered a first-time offender following his conviction in the SRC International case, which was upheld by the Federal Court.
"Therefore, on final merit, the application is accordingly dismissed," she said.
On Dec 26 last year, Najib was convicted of four counts of abuse of power and 21 counts of money laundering involving RM2.27 billion in 1MDB funds.
He was sentenced to 15 years' imprisonment and fined approximately RM11.4 billion.
The prison sentences would begin after he completed his existing sentence in the SRC International case.
Najib has appealed against both his conviction and sentence.
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