Was Bainun unfairly treated in respect of her application for a stay of execution of sentence? — Hafiz Hassan

MAY 4 — Upon the conviction of former prime minister Mohd Najib Razak on the seven charges against him, Najib’s counsel informed the court that he would be appealing against...

MAY 4 — Upon the conviction of former prime minister Mohd Najib Razak on the seven charges against him, Najib’s counsel informed the court that he would be appealing against the conviction and sentence. Defence counsel applied for a stay of execution of the sentences of imprisonment and fine.

There are many decisions which are leading authorities on the matter.

Public confidence in the administration of justice requires that judgment should be enforced, hence a person convicted of a serious offence should serve the sentence passed. If a stay of execution of sentence is readily available after conviction, it will encourage the proliferation of unmeritorious appeals.

Second, courts should also ensure in evaluating the cases before them that Article 8 of the Federal Constitution on the principle that everyone is equal before the law is applied strictly. This also must mean the accused should not have a basis to feel that he is unfairly treated when compared to others in respect of stay applications.

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