八点最热报 | 前律师公会主席杨映波在接受八点最热报访问时却指出，一般的司法审核都有两个门槛，第一个门槛是要使高庭接受审讯，第二个门槛也是比较关键的门槛，就是辩论有关证据和程序是否合法。而现在纳吉只是跨过了第一个门槛，但要跨过第二个门槛，还是有一定的挑战。（主播：萧慧敏）
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00:00Before watching the video, let me remind you that there is more content on the R.E.D.I.M.E. website.
00:04The appeal court today approved the former prime minister Nagy's application for a judicial review of house arrest.
00:10The three judges of the appeal court made a decision on a 2-to-1 vote,
00:13ordering the Supreme Court of Kuala Lumpur to order Nagy for a judicial review of house arrest.
00:18What does the appeal court's approval of this judicial review mean?
00:22Will Nagy be able to get a proper house arrest?
00:27After the verdict, Nagy's lawyer Sha Fei-yi pointed out that
00:30if the Supreme Court of Kuala Lumpur votes,
00:32Nagy is expected to be able to go home and serve his sentence within a month.
00:35However, when the former chairman of the Legislative Council, Yang Yingbo,
00:37was interviewed at 8 p.m. on Sunday,
00:39he pointed out that any judicial review has two thresholds.
00:43The first is to seek a judicial review.
00:45After that, it will enter the debate phase of the trial.
00:48Therefore, Nagy has just passed the first level.
00:50The second threshold will take a longer time.
00:53Therefore, it is too early to make any conclusions today.
00:57Judge Filuz pointed out that
01:00the court could not ignore the possibility of issuing an additional order
01:03on behalf of the current head of state.
01:05He thought that the additional order was just a rumor.
01:07The statement of evidence could not be established.
01:09And the defendants did not make any comments
01:12to challenge the existence of an additional order.
01:15So the judge thought that the case needed to be returned to the Supreme Court of Kuala Lumpur
01:18for debate.
01:21Before the trial of the Supreme Court of Kuala Lumpur,
01:23Nagy's lawyer, Shafi'i,
01:25submitted a letter to the court
01:27issued by the Palace of Pengheng on January 4.
01:31The content of the letter confirmed that
01:33during the period of Sudan Abdullah as the 16th head of state,
01:36he did issue an additional order on behalf of the current head of state.
01:40He ordered Nagy to complete the rest of the term
01:43by house arrest.
01:45After receiving the letter from the Palace of Pengheng,
01:47Nagy's son, Nizha,
01:49signed another oath.
01:51He had also signed an oath before.
01:55Today, Nagy's team of lawyers
01:57submitted a letter to the Supreme Court of Kuala Lumpur
01:59and Nizha's new oath
02:01as new evidence.
02:03Former Chairman of the Legislative Council Yang Yingbo
02:05pointed out during the interview
02:07that during the period of the Supreme Court of Kuala Lumpur,
02:09the letter from the Palace of Pengheng,
02:11including the decision of the plaintiff,
02:13was not in line with the constitution.
02:15In fact, there is still room for discussion.
02:17The Special Investigation Bureau of the Supreme Court of Kuala Lumpur
02:19did not decide to have Nagy be executed.
02:21Therefore, it is controversial
02:23whether the plaintiff can increase
02:25his additional order
02:27with his own discretion.
02:29However, regarding the ruling of the Supreme Court of Kuala Lumpur,
02:31Shafi'i pointed out that the 2-1 vote
02:33shows the independence of the judiciary.
02:35It also shows that most judges
02:37think they have enough reason
02:39to hold a judicial review in the Supreme Court.
02:41Shafi'i said that
02:43today's ruling showed them a glimmer of hope.
02:45He also hopes that this positive energy
02:47will continue until the 13th case
02:49in the Supreme Court of Kuala Lumpur.
02:51After the Supreme Court of Kuala Lumpur
02:53approved the petition to Nagy,
02:55Nagy's lawyer, Shafi'i,
02:57immediately held a press conference
02:59in the Supreme Court of Kuala Lumpur
03:01to show the letter from the Palace of Pengheng to the media.
03:03He believes that no matter who it is,
03:05as long as there is a hidden additional order
03:07allowing Nagy to be executed,
03:09it is tantamount to committing a crime
03:11and must be punished.
03:13He wants to make sure Datuk Srinagib
03:15remains in the prison.
03:17That gratifies him.
03:19So it is an abuse of power.
03:21So it is a clear offence.
03:23Shafi'i revealed in an interview
03:25that Nagy was worried about
03:27whether he would get a fair trial
03:29and spent the night in prison.
03:31But according to Shafi'i,
03:33after the court ruled,
03:35Nagy was so happy that he raised
03:37two thumbs up.
03:39He was happy and in fact very relieved
03:41that finally they recognized
03:43some element of injustice
03:45that has been placed against him.
03:47that has been placed against him.
03:49Shafi'i pointed out that
03:51if Nagy is sentenced in Kuala Lumpur,
03:53he is expected to be transferred
03:55to a home prison within a month.
03:57Although Shafi'i was optimistic
03:59about Nagy's sentence in a home prison,
04:01the former Chairman of the Lawyers' Union,
04:03Yang Yingbo, said in an interview
04:05that there are two barriers to a fair trial.
04:07The first barrier is that
04:10the second barrier is a more critical one,
04:13which is to debate whether the evidence
04:15and procedure are legitimate.
04:17Now, Nagy has only crossed the first barrier,
04:19but there is still a certain challenge
04:21to cross the second barrier.
04:23It's not necessarily that
04:25Nagy can be crossed.
04:27The second barrier is to study
04:29whether the reasons for his judicial review
04:31are sufficient.
04:33The court also has to look at some facts
04:35and law,
04:37including the so-called
04:39addendum.
04:41It also has to look at whether
04:43the addendum is legitimate
04:45or not.
04:47So today means
04:49that it's good news for him.
04:51He has crossed the first barrier.
04:53He has a chance to cross the second barrier.
04:55But it still takes some time
04:57and a long debate
04:59to know how the high court
05:01will judge.
05:03So we still don't know
05:06Yang Ying-bo pointed out that
05:08even if Nagy can prove that
05:10there is an addendum on the 16th round,
05:12it doesn't mean that he can turn it into
05:14a house arrest.
05:16Because it's still controversial
05:18whether the addendum is legal or not
05:20and whether China has a house arrest law.
05:22It's very obvious that
05:24the Barden's Board didn't decide
05:26to have a house arrest on that day.
05:28They didn't make that decision.
05:30Under the constitution,
05:32if the Barden's Board
05:34decides to have a house arrest,
05:36can the Supreme Court
05:38add a house arrest
05:40on that day?
05:42This is very controversial
05:44under our constitution.
05:46So today's result
05:48is still too early.
05:54After Nagy's lawyer,
05:56Sha Fei-yi pointed out that
05:58after Peng Heng Wang Gong
06:00issued the addendum,
06:02the Secretary of the House of Representatives,
06:04Saifuddin, also made a statement.
06:06Saifuddin emphasized that
06:08the House of Representatives
06:10and the Prison Bureau
06:12did not receive any instructions
06:14on allowing former Prime Minister
06:16Nagy to have a house arrest.
06:18According to the letter
06:20received by the Prison Bureau
06:22on February 2,
06:24the content only mentioned
06:26allowing Nagy to shorten the sentence
06:28to 6 years and reduce the fine.
06:30The Prison Bureau did not violate
06:32the relevant instructions.
06:34They just acted
06:36according to the official order.