Why Isn’t Najib Razak In Prison? - Nadzarin Kuok Puthucheary & Tan ("NKPT")

Sahain Nada Puthucheary

Pupil
Kuala Lumpur

Despite having been convicted for 7 offences and sentenced to 12 years imprisonment and a RM210 million fine, Datuk Seri Najib Razak (“Najib”) seems to be a relatively free and happy man. Unlike other convicted criminals, the former Prime Minister’s has been busy attending meetings with foreign diplomats, celebrating Hari Raya with the Yang Dipertuan Agong and even officiating the opening of a new banana leaf restaurant in Batu Caves.

Considering this, one might ask “Why isn’t Najib in prison?”.

The answer lies in the fact that Najib is making his final appeal to the Federal Court. In doing so, Najib applied to delay his fine and prison sentence until his appeal is decided. This is called a ‘stay of execution’ and Najib’s application for the same was granted by High Court and later by the Court of Appeal.

However, if appealing against a decision would allow a convicted person to evade prison, then any criminal could buy themselves some time simply by appealing. Fortunately, the law recognizes this danger and will only grant a stay of execution in ‘special circumstances’.

What are the ‘special circumstances’ that allow Najib to avoid being locked up? The High Court had shed some light on this and explained that there were new issues of law that were likely decided for the first time in Najib’s case. As such, it would only be fair to allow the same issues to be determined on appeal before we see Najib behind bars.

The High Court also considered that Najib was a first-time offender and appeared unlikely to be involved with another offence during the stay of execution. Another factor considered by the Court was the principle that ‘everyone is equal before the law’ and to not treat Najib’s application for a stay of execution unfairly and unreasonably harsh.

Coupled with the fact that he is facing an enormous RM210 million fine, Najib had proven his ‘special circumstances’. While the Court of Appeal did not give its reasons for granting Najib a stay of execution, ‘special circumstances’ would have had to be proven.

Pending his appeal to the Federal Court and ahead of the 15^th General Election, the convicted criminal, former Prime Minister and current Member of Parliament will probably continue enjoying his days as a celebrated leader in the eyes of his loyal supporters, a truly ‘special circumstance’ in its own right.

About the Author

Sahain is currently pursuing his pupillage at NKPT under the tutelage Mr. Joachim Xavier. He graduated with Honours from the National University of Malaysia. Sahain believes that the legal fraternity plays an integral part in the operation of the rule of law in Malaysia and is keen to utilise his legal education towards the betterment of society and the country.