Farmer gets stay of jail sentence by citing Najib’s case

A padi farmer succeeded in his application at the Court of Appeal today for a stay of execution of his seven-year jail term for causing grievous hurt to a fellow villageman pending the outcome of his final appeal by citing the case of former prime minister Najib Razak.

Mohamad Faiz Mohd Ruseli’s lawyer Mohd Azrul Hasyimi Mohamad had cited the case of Najib who was convicted of seven corruption charges involving SRC International funds but given a stay of execution to defer going to jail pending the disposal of his appeals.

A three-man panel comprising justice Kamaludin Md Said, Che Mohd Ruzima Ghazali and Hashim Hamzah agreed to allow Faiz’s application for a stay of execution of his jail sentence.

“We agree that the sentence be suspended pending the outcome of his appeal against the conviction and sentence,” said Kamaludin.

Faiz was also granted bail of RM30,000 with one surety and ordered to report to the Binjai police station in Kota Baru, Kelantan, once every two weeks until his appeal is heard.

On July 28, 2020, Faiz, 25, was found guilty by the Sessions Court of causing grievous hurt to Nus Hassan, 42, at Kg Tambak Banggu, Kota Bharu, Kelantan at 7pm on June 26, 2019.

The Sessions Court judge sentenced him to seven years in jail and ordered him to be given two strokes of the rotan but allowed Faiz’s application for a stay of execution of his sentence pending his appeal to the High Court.

The High Court, on Dec 14, 2020, upheld the Sessions Court’s decision and denied a stay of execution of Faiz’s jail sentence pending his appeal against his conviction and sentence to the Court of Appeal.

Coincidentally, both Faiz and Najib were sentenced by different courts over different charges on the same day, July 28, 2020.

In Najib’s case, the High Court granted the former prime minister’s application for a stay of execution of his 12-year jail sentence and fine of RM210 million and allowed him to be released on bail of RM2 million.

On Dec 8 last year, the Court of Appeal, which upheld the High Court’s decision, also allowed Najib a stay of execution of his sentence and fine pending his final appeal in the Federal Court.