What role does Amanah Raya Berhad play in this legal dispute?

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Amanah Raya Berhad's Role in the Legal Dispute

Amanah Raya Berhad was appointed as a trustee to manage damages awarded to the families of Raymond Koh and Amri Che Mat, a procedural step that the Court of Appeal affirmed does not prevent the government from seeking a stay of execution. The appellate court clarified that this appointment was a neutral measure to formalise the High Court's order by identifying the trustee, not an undertaking to waive the government's right to seek a stay or an admission of liability.
Trustee for Damages Awarded

In the High Court's judgment concerning Raymond Koh's case, it was stipulated that the awarded damages were to be placed in a trust account managed by Amanah Raya Berhad. This arrangement was to remain in effect until Koh's fate could be definitively confirmed. Similarly, for Amri Che Mat's family, damages were awarded, and the subsequent legal proceedings involved this trust mechanism.
Procedural, Not Substantive, Appointment

The Court of Appeal explicitly addressed the argument that Amanah Raya Berhad's appointment as trustee precluded the government from seeking a stay of execution. The court found this argument to be without merit, describing the consent order for the appointment as a "neutral procedural step." Its primary function was to identify Amanah Raya Berhad as the trustee, thereby perfecting the High Court's order.
No Waiver of Statutory Rights

The court clarified that the consent order establishing Amanah Raya Berhad as trustee was not intended to serve as an absolute undertaking to waive the government's statutory right to seek a stay of execution. Furthermore, it was not to be construed as an admission of liability by the government. The purpose of a stay, as explained by the court, is to suspend the enforcement of a judgment temporarily, ensuring that the appellate process remains meaningful.
Preserving Status Quo Pending Appeal

The Court of Appeal's decision to uphold the High Court's stay of execution, while acknowledging Amanah Raya Berhad's role as trustee, underscored the principle of preserving the status quo. This approach allows for the final determination of all issues in the substantive appeal without rendering the appellate process moot. The court viewed the stay as a rational exercise of discretion to maintain the existing situation until the appeals are fully heard and decided.

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What role does Amanah Raya Berhad play in this legal dispute?

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