In what is the first of such applications before the Supreme Court, convicted former super fund chairman Jimmy Maladina is seeking an interim order to put off his sentencing.
Maladina went before the Chief Justice Sir Salamo Injia this afternoon (July 6) seeking a stay against the National Court sentencing him on July 15.
Sir Salamo will make a ruling on the application on Wednesday (July 08).
The Chief Justice, in hearing the application from Maladina’s lawyer Greg Sheppard, said such application was the first of such going before the Supreme Court before sentencing in his 20 year experience at the courts.
Maladina’s lawyers are applying for a stay against his sentencing while the court deals with the substantive matter of the appeal against his conviction.
The Supreme Court on Friday July 3 granted leave to Maladina to appeal his conviction on the ground that the trial judge, Deputy Chief Justice Sir Gibbs Salika, convicted Maladina on indirect evidence.
Sheppard in his submission also asked the court if the appeal of his conviction can be heard though a special fixtures date as soon as possible.
He said they want Maladina’s conviction to be reviewed quickly before any punishment is imposed by the court.
State lawyer Laura Kuvi submitted such an application is a case pre-empting (preventing) a decision of the National Court to stop a legitimate process.
The Chief Justice will make a ruling on the application on Wednesday (July 8).