How does the court distinguish between suspending enforcement and jeopardising justice?

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Court Differentiates Suspension of Enforcement from Jeopardising Justice by Preserving Appellate Process

The Court of Appeal clarified that granting a stay of execution is a procedural measure aimed at preserving the integrity of the appellate process, rather than an action that undermines a party's pursuit of justice. This distinction is crucial in legal proceedings where a higher court reviews a lower court's decision. A stay suspends the immediate enforcement of a judgment, ensuring that the outcome of an appeal remains meaningful and that the appellate court's decision can be effectively implemented.
Stay of Execution Preserves the Status Quo Pending Appeal

The Court of Appeal upheld the High Court's decision to grant a stay on the execution of RM37 million in damages awarded to the family of pastor Raymond Koh and RM3 million to the family of activist Amri Che Mat. This measure was deemed a rational exercise of discretion to preserve the status quo pending the final determination of the government's substantive appeals. The court noted that such a stay does not prejudice the plaintiffs' ultimate efforts to seek justice but merely delays the enforcement of the judgment temporarily.
Preventing Appeals from Becoming Moot or Nugatory

A key rationale for granting a stay is to prevent the appellate process from becoming moot or nugatory. In Koh's case, the High Court judgment involved a continuing daily payment of RM10,000, making immediate execution impractical due to the recurring disbursement of public funds. Suspending this enforcement ensures that the appeal process is not rendered meaningless. Similarly, the stay on resuming investigations into Koh's disappearance was granted because the dispute centred on the conditions of these investigations, which were part of the government's substantive appeal.
Procedural Steps vs. Admission of Liability

The court rejected the argument that the appointment of Amanah Raya Berhad as trustee prevented the government from seeking a stay. It was clarified that this consent order was a neutral procedural step to perfect the High Court's order by identifying a trustee. It was never intended as an absolute waiver of the statutory right to seek a stay or as an admission of liability. A stay, therefore, does not disturb the original order but suspends its enforcement.
Temporary Delay Does Not Jeopardise Justice

Ultimately, the court emphasised that granting a stay is a temporary delay in the enforcement of a judgment, not a denial of justice. By suspending immediate execution, the court ensures that the appellate process is not rendered moot, thus safeguarding the integrity of the legal system. This approach allows for a thorough review of the substantive appeals without jeopardising the plaintiffs' eventual pursuit of their legal claims.

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How does the court distinguish between suspending enforcement and jeopardising justice?

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