Remove role of AG in drugs law amendment, urges PKR MP

The amendment to the Dangerous Drugs Act 1952 (DDA) tabled in Parliament today should give the power to decide whether to impose the death sentence or life imprisonment on drug convicts solely to the court, without the involvement of the public prosecutor, Padang Serai MP N Surendran said.

In a statement, the PKR lawmaker said the new amendment is a serious trespass on judicial authority and infringes on the doctrine of separation of powers.

"The act of sentencing and the type of sentence must be purely a judicial exercise, without any involvement whatsoever of the executive.

"This provision will also dangerously open up opportunities for corruption in the prosecutor's decision-making process," Surendran said.

He was referring to the amendment to Section 39B(2) of DDA, where those who qualify for the lesser sentence must obtain written certification from the public prosecutor on the assistance they provided to an enforcement agency in the disruption of drug trafficking activities to escape the death row.

The amendment was tabled in the Dewan Rakyat for first reading by Minister in the Prime Minister's Department Azalina Othman Said (photo) earlier today, and is expected to be passed in this session of Parliament, which ends on Nov 30.

Once enforced, the amended DDA will apply to any person who has been charged, but not convicted, under Section 39B and it would also not apply to cases on appeal, which have to go through the existing due process.

Citing the prosecutor's role in the amendment, Surendran, who is a vocal critic of the mandatory death penalty, noted that the court will have no choice but to sentence to death all accused persons who are denied the AG's certificate.

"Thus, the AG and his prosecutors will effectively hold the power to decide whether an accused person faces the hangman's noose or not.

"The bill also provides that the giving or denial of the certificate shall be the 'sole discretion' of the public prosecutor. The court cannot question it," he pointed out, adding that the bill follows Section 33B(2) of Singapore's Misuse of Drugs Act, which contains a similar provision that has been "tainted by controversy and miscarriages of justice".

"This includes the case of Malaysian K Datchinamurthy, who is currently on death row in Changi Prison after being denied the certificate, whereas his Singaporean co-accused was granted the certificate."

While the government should be lauded for making an effort to tackle the mandatory death penalty in drug cases, the bill is manifestly not the answer to the problem, he said.

"I strongly urge the government to amend the bill urgently to delete the requirement of the certificate of the public prosecutor and to leave the decision of whether to impose the death sentence or otherwise solely to the judges," Surendran added.- Mkini