How did the trustee appointment of Amanah Raya Berhad affect the stay argument?

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The appointment of Amanah Raya Berhad as trustee did not impede the government's argument for a stay of execution.

The Court of Appeal affirmed the High Court's decision to grant a stay on the execution of damages awarded to the families of pastor Raymond Koh and activist Amri Che Mat. This stay, pending the government's appeals, was upheld despite the argument that the prior consent order appointing Amanah Raya Berhad as trustee precluded the government from seeking such a stay. The appellate court found that the trustee appointment was a procedural step and not an admission of liability or a waiver of the right to seek a stay.
Trustee Appointment as a Procedural Step

The Court of Appeal clarified that the consent order establishing Amanah Raya Berhad as a trustee was a procedural mechanism. Its primary purpose was to formalise the High Court's original order by designating a trustee to manage the awarded funds. This was not intended to signify an unconditional relinquishment of the government's statutory right to pursue a stay of execution, nor was it an acknowledgment of guilt.
Stay of Execution Preserves Appellate Process

A stay of execution, as explained by the court, serves to temporarily suspend the enforcement of a judgment. This action is crucial to ensure that the appellate process remains meaningful and is not rendered moot by the immediate execution of the award. The stay does not invalidate or alter the original consent order but merely pauses its implementation until the appeal is fully heard and determined.
High Court's Discretion in Granting Stays

The Court of Appeal emphasised that appellate courts should only intervene in a High Court's decision to grant a stay if that decision is demonstrably flawed. The High Court judge's decision to grant the stay was deemed a rational exercise of discretion, aimed at preserving the status quo. This preservation is essential for the effective resolution of all issues raised in the substantive appeals.
Specific Circumstances of the Cases

In Raymond Koh's case, the High Court judgment included a daily payment of RM10,000, making immediate execution impractical due to ongoing public fund disbursements. For both Koh and Amri Che Mat's cases, the stay also pertained to the conditions governing ongoing investigations. The court found that refusing a stay in these circumstances would render the government's substantive appeals nugatory, thus justifying the temporary suspension of enforcement.

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How did the trustee appointment of Amanah Raya Berhad affect the stay argument?

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