Citing Najib S Case Padi Farmer Wins Stay Of Execution On Jail Sentence

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The lawyer for padi farmer Faiz Mohd Ruzeli cited the case of Najib Razak when appealing for a stay of execution for his client. (Reuters pic)PUTRAJAYA: A padi farmer today succeeded in having his jail sentence for causing grievous hurt suspended pending the outcome of his final appeal by citing the case of former prime minister Najib Razak as precedent.
In arguing for Faiz Mohd Ruzeli in the Court of Appeal, lawyer Azrul Hasyimi Mohammad cited the case of Najib, who was convicted on seven counts of corruption but was allowed to defer going to jail pending the final appeal in the Federal Court.
Coincidentally, Najib and Faiz were sentenced over different charges in different courts on the same day – July 28, 2020.
A three-member Court of Appeal bench chaired by Kamaludin Md Said today said Faiz’s application for a stay of execution had merit.
“We agree that the sentence be suspended pending the outcome of his appeal against conviction and sentence,” he said.
Kamaludin, who sat with Che Mohd Ruzima Ghazali and Hashim Hamzah, ordered Faiz to post RM30,000 bail in one surety.
The bench also instructed Faiz to report to the Binjai police station in Kota Baru, Kelantan, once every two weeks until his appeal is heard.
On July 28, 2020, the sessions court found Faiz, 27, together with another person still at large, guilty of causing grievous hurt to Nus Hassan. He committed the offence at Kampung Tambak Banggu in Kota Bharu on June 26, 2019.
The trial judge allowed Faiz’s application for a stay of execution after sentencing him to seven year’s jail and ordering him to be given two strokes of the rotan.
However, the High Court, on Dec 14, 2020, in affirming the sessions court’s ruling, ordered him to begin the sentence. Faiz then appealed to the Court of Appeal.
Azrul told the bench today that both the High Court and the Court of Appeal had allowed Najib to remain free pending an appeal at the Federal Court.
On July 28, 2020, trial judge Nazlan Mohd Ghazali allowed Najib’s application to stay the jail sentence in view of the hefty fine imposed. However, Nazlan raised Najib’s bail from RM1 million to RM2 million in two sureties.
Nazlan had sentenced the Pekan MP to 12 years’ jail and fined him RM210 million after finding him guilty of abuse of power, criminal breach of trust and money laundering in the SRC International Sdn Bhd case.
On Dec 8 last year, the Court of Appeal, which affirmed Nazlan’s decision, also allowed Najib a stay without additional conditions.
Deputy public prosecutor Parvin Hameedah Mohd Khaja objected to Faiz’s stay application as there were no special circumstances.
“He was found guilty of a serious offence and an early hearing date could be fixed to hear the appeal,” she said.
Parvin said Faiz was also not suffering from any serious ailment that warranted him to be out of jail.
Azrul also told today’s bench that the High Court had yet to provide the appeal records although he had written to the registry.
Kamaludin said the lawyer could refer his grievances to the Chief Judge of Malaya or the Registrar of the High Court of Malaya.
“You have a right to complain,” he added. - FMT

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