SIBU: Senator Robert Lau Hui Yew welcomes the move made by the government to abolish the mandatory death penalty and get it replaced with the discretionary power of the courts.
It is indeed a historic decision and a milestone for our country, Lau said in a press statement yesterday.
“According to the press statement by the Minister in the Prime Minister’s Department (Parliament and Law), Datuk Seri Dr Wan Junaidi Tuanku Jaafar, the Cabinet had agreed to this stand during their meeting on June 8, 2022.
“Despite the present government, and by its extension, to the Cabinet, is a fragile one, it nonetheless managed to make a bold decision on an issue that attracts passionate debate and with a strong lobby group championing the abolition of the death penalty,” he said.
However, Lau said that there is caution needed pertaining to the decision despite it being welcomed by those who agree with the abolition.
“First, it is not recommending for the abolishment of the death penalty per se. It is about replacing mandatory sentences with discretionary sentencing, where the death sentence can still be imposed. There are 33 offences in Malaysia that attract the death penalty.
“Out of these, 12 are mandatory and the most commonly used are for murder (section 302 of the Penal Code) and drug trafficking (section 39 (b) of the Dangerous Drugs Act, 1952). The majority of the mandatory death sentences imposed is for drug trafficking with foreigners and women forming a disproportionate number,” he said.
Lau also shared that the second caution is that although the Cabinet accepts the recommendation made by the Special Committee on Substitute Sentences on the Mandatory Death Penalty, the matter is still subject to scrutiny and study.
“Thereafter, the relevant laws will need to be amended. This will take time and continuing political will from the government of the day,” he explained.
He said he is fully supportive of the decision however it will take some time before this decision can be realised.
“In the meantime, the government should consider granting a moratorium on all those mandatory death sentences that have been imposed but have not been carried out,” Lau, a lawyer, said.
