25 prisoners seek Federal Court review of commuted death sentences

 They urge the apex court to depart from a recent ruling, arguing their exclusion from the 2023 sentence review law violates their right to equality.

Last year, a five-member bench held that the Federal Court had no jurisdiction to review sentences of prisoners whose death sentences had already been commuted through clemency. (Reuters pic)

PUTRAJAYA:

Twenty-five prisoners whose death sentences were commuted by pardons boards have urged the Federal Court to revisit an earlier ruling and allow them to apply for sentence reviews under a 2023 sentencing reform law.

Lawyer Abdul Rashid Ismail, representing the prisoners, urged a three-member bench comprising Chief Judge of Sabah and Sarawak Azizah Nawawi, Justices Rhodzariah Bujang and Azmi Ariffin, to depart from last November’s decision by the apex court.

Last year, a five-member bench held that the Federal Court had no jurisdiction to review sentences of prisoners whose death sentences had already been commuted through clemency.

Rashid argued the ruling wrongly assumed that affected prisoners had an alternative remedy through the pardons boards.

He said it also did not consider the 2007 Federal Court decision, where a sentence review was considered despite the applicant having received a pardon.

Rashid said the applicant, Sulaiman Saidin, was arrested for drug trafficking in 1996 and sentenced to death but had his punishment commuted by the Perak Pardons Board in 2015 to 20 years’ imprisonment.

He said the term was calculated from the commutation date, meaning he would face about 39 years in prison after nearly two decades in custody.

Rashid went on to argue that the Federal Court’s November decision created two classes of prisoners: those denied clemency could seek review under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023, while those granted mercy were denied access to the courts.

“The person treated more harshly by the executive receives better access to the judiciary, while the person who received mercy is denied judicial recourse,” he said.

Rashid stressed that the applications did not challenge the pardons themselves but sought sentence reviews under a separate statutory scheme.

Deputy public prosecutor Yusaini Amer Abdul Karim urged the court to follow the Federal Court’s decision in November, stating that the apex court had already ruled it lacked jurisdiction over such applications.

Of the 25 applicants, 22 were convicted of drug trafficking while three were convicted of murder.

Khaizan Sharizad Ab Razak, Siti Nurani Zahidi and YL Yong also appeared for the applicants, while deputy public prosecutors Zain Ibrahim, Solehah Noratikah Ismail and P Sarulatha appeared with Yusaini.

The bench has reserved judgment. - FMT