Judicial Commissioner Ahmad Shahrir Mohd Salleh made the decision after hearing the arguments presented by deputy public prosecutor Nik Haslinie Hashim and Adam Rosly’s counsel, Nizam Bashir Abdul Kariem Bashir.
“After considering the arguments from both parties, the court allows the application for a stay of execution of the jail sentence while a decision on the appeal is made at the Court of Appeal.”
He allowed bail of RM300,000 in two sureties. Adam is required to surrender his international passport and report to the police station nearest to his home every two weeks, beginning from today.
On Nov 25, Adam, 31, failed in his appeal at the High Court to set aside the sentence of six months’ jail and RM30,000 fine decided by the Kuala Lumpur Sessions Court on April 26, 2018, for six offences of giving false statements and submitting fake documents to the MACC in connection with his extraordinary wealth.
Earlier, in his argument, Nizam said he had filed a notice of appeal against the High Court decision on Nov 25, 2019.
“Usually, an appeal will take at least six months to be heard by the Court of Appeal. As such, a stay of execution of the sentence should be given so that the applicant does not undergo a long imprisonment,” he said.
However, Nik Haslinie protested against the application as Adam had been found guilty on all counts.
Nik Haslinie said if the court felt that a stay of execution should be granted, the bail amount should be increased and additional conditions placed on the applicant to report himself to the nearest police station each month until the appeal is finalised.
On the first two charges, Adam was charged with making false statements in a recording made by two MACC investigation officers, under Section 32(8)(c) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001
The statements were in connection with his career as a businessman, his income, luxury cars, RM1.2 million bungalow in Kampung Melayu, Ampang, which was bought in cash, a RM200,000 loan from his mother-in-law and grandmother, and a RM500,000 loan from an Ah Long (moneylender).
On the other four charges, he allegedly used two fake loan agreement documents from two individuals and two cash vouchers from his company, Gegas Mentari Holding Sdn Bhd, to mislead MACC investigating officers, under Section 89 of the same Act.
He allegedly committed the offences at the MACC headquarters at the Putrajaya government administrative complex between 9am and 12.15pm on Feb 10, 2017, and between 9am and 2pm on Feb 22 the same year.
The charges carry a maximum fine of RM3 million or up to five years’ imprisonment, or both, on conviction.