28 Nov 2021
CHAN KOK POH PUBLIC PROSECUTOR
- Citation
- JB-44-13-10/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-44-13-10/2021 (Mahkamah Tinggi)
The application for a stay was dismissed: filing an appeal does not automatically stay proceedings; the applicant failed to demonstrate special circumstances or that the appeal would be rendered nugatory; the High Court's exercise of s.35 CJA produces an automatic stay when it calls for records, subordinate courts lack inherent jurisdiction to grant stay beyond statutory provisions, and s.173 CPC is mandatory in summary trials; the High Court revision decision was likely not a final appealable order but that issue was left to the Court of Appeal.