After appeal, more than 500 escape gallows since 2000 - minister

 

PARLIAMENT | The Federal Court has set aside a total of 515 death sentences since 2000 while the Court of Appeal has likewise set aside 347 death sentences, government figures reveal.

The de facto law minister Takiyuddin Hassan said of the 515 death sentences set aside by the apex court, most cases (351 cases) concern Section 39B of the Dangerous Drugs Act 1952 that deals with drug trafficking.

This is followed by 141 cases under Section 302 of the Penal Code (murder), 20 cases under the Kidnapping Act 1961, and three cases under Firearms (Increased Penalties) Act 1971.

By sex, Takiyuddin said 465 of the accused are male and 50 are female.

As for the appellate court, the minister said 282 cases involve Section 39B of the DDA, while the remaining 65 cases are murder cases.

Of the 347 death sentences set aside by the Court of Appeal, 331 are male and 16 are female.

Takiyuddin said this in a written reply dated Nov 2 in response to Ramkarpal Singh’s (DAP-Bukit Gelugor) question.

It is unclear from the reply given whether the figures include death sentences that may have been set aside by the Court of Appeal but later reinstated by the Federal Court.

It is also unclear whether the same cases could be counted twice - once at the Court of Appeal and once at the Federal Court - such as if prosecutors fail both attempts to seek a death sentence.

For the record, only the High Court has jurisdiction to hear capital cases, and if convicted, appeals to the Court of Appeal and Federal Court are automatic.

Meanwhile, Ramkarpal also asked whether the government plans to set up a victim support system to help provide legal and welfare services to the next-of-kin of murder victims.

To this, Takiyuddin said the Legal Aid Department has informed that it has no plans to provide such support.

“However, victims’ families can still refer to the department to seek advice and legal assistance based on its jurisdiction set under the Legal Aid Act 1971.

“If there are cases that are beyond its jurisdiction but is warranted in the interest of justice, the department can seek the minister’s approval for cases that merit (such consideration),” he said. - Mkini