KUALA LUMPUR: Datuk Seri Najib Razak has failed in his bid to stay his 15-year jail sentence and RM13.47 billion fine in the 1Malaysia Development Bhd (1MDB) case pending his appeal.
High Court Judge Noor Ruwena Md Nurdin dismissed the former prime minister's application today, ruling that he had failed to establish any special circumstances warranting a stay.
"Therefore, on final merit, the application is accordingly dismissed," she said.
The judge said Najib could no longer be considered a first-time offender following his conviction and imprisonment in the SRC International case, which was upheld by the Federal Court.
She said the gravity of the offences was an important public interest consideration in deciding whether to grant a stay.
Noor Ruwena also rejected Najib's medical condition as grounds for the application, saying the report submitted to the court showed that he was receiving adequate treatment.
"The medical report presented to the court gave me the impression that the applicant's medical needs are very well taken care of by the government hospitals and experts," she said.
Earlier, Najib's lawyer, Tan Sri Muhammad Shafee Abdullah, argued that his client's medical conditions, age and lengthy imprisonment could expose him to irreversible health complications before his appeal was heard.
Shafee said a medical report issued by Kajang Prison on Oct 7 listed 14 medical issues, including coronary artery disease, hypertension, obstructive sleep apnoea, osteoarthritis, glaucoma and pre-diabetes.
The report also showed that Najib had been prescribed 15 medications, 14 of which he continued to take daily, while his vital signs required monitoring twice a day.
Shafee argued that Najib required specialist treatment at several government hospitals and that his conditions could not be easily managed in prison.
He also said the RM13.47 billion in fines and financial penalties imposed on Najib were beyond his means and could result in further imprisonment if he failed to pay.
The defence argued that refusing a stay could render Najib's appeal meaningless, as time spent in prison could not be recovered even if his conviction was eventually overturned.
However, the prosecution, led by Datuk Ahmad Akram Gharib, opposed the application, saying Najib had failed to establish any special or exceptional circumstances warranting a stay.
It disputed the defence's reliance on Najib's medical conditions, arguing that there was no evidence he was unfit to remain in prison or that his health could not be adequately managed in custody.
The prosecution also said Najib's access to specialist treatment outside prison showed that the existing arrangements for his medical care were functioning.
On the fines, it argued that the amount alone did not constitute special circumstances, as the penalties had been imposed under the relevant laws.
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 RM13.47 billion.
The prison terms were ordered to run concurrently but will begin only after he completes his existing sentence in the SRC International case. Najib has appealed against both his conviction and sentence.
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