KUCHING: The abolition of the mandatory death penalty in the country is good and a progressive move which augurs well with the times.
In stating this, Sarawak Patriot Association (SPA) chairman Datuk Dr John Lau congratulated parliament for giving judges discretionary powers.
“The crux of this Bill is to abolish the mandatory death penalty, with the option of life imprisonment but not to abolish the death penalty itself.
“We welcome the changes in parliament. It is an important step towards the full abolition of the death penalty in Malaysia,” he told New Sarawak Tribune.
Lau also said the matter gives convicts a second chance in life compared to the mandatory death penalty.
“It gives judges the discretion ‘based on the facts’ of the case. For example, genuine drug mules are given a second lease of life, notwithstanding that it is a minimum of 40 years behind bars compared to the mandatory death penalty.
“Abolition of the mandatory death penalty gives chance to the wrong doers to turn over a new leaf through imprisonment the duration of which depends on the court’s decision,” he said.
Discretion, he said, means the sentence may now be equated to the burden of guilt or crime.
“Moreover, it can go a long way to mitigate the mistake of wrongful conviction which cannot be reversed under the mandatory death penalty,” he said.
Mandatory death penalty, he added, is being practiced actively in 56 countries with 133 countries having abolished the mandatory death sentence.
“Prior to this, the death penalty was retained for 33 offences in Malaysia, including 11 for which it was the mandatory punishment, and in recent years has been used mostly for murder and drug trafficking.
“As of February 2023, 1,320 people were reported to be on death row in Malaysia, more than a quarter of them foreign nationals.
“Of the total, more than half have been convicted of drug trafficking. Some ethnic minorities are over-represented on death row, while the limited available information indicates that a large proportion of those on death row are people from less advantaged socio-economic backgrounds,” he said.
Prior to the abolition of the mandatory death sentence, he said in Malaysia the crimes are punishable by death sentence are murder, drug trafficking, treason, waging war against the Yang di-Pertuan Agong, terrorism, kidnapping or abducting in order to murder, possession of firearms, abetting mutiny (armed forces), and hostage taking.
The Dewan Rakyat on Apr 4, unanimously passed a bill to abolish the mandatory death penalty.
The Abolition of Mandatory Death Penalty Bill 2023, tabled for its second and third reading by Deputy Minister of Law and Institutional Reform Ramkarpal Singh, proposed to give judges discretionary powers to mete out sentences.
The bill also gives judges the option to impose jail terms of up to 40 years in place of the mandatory death penalty.
