Govt to empower Federal Court to commute death sentences

 

The government has tabled a bill that will allow the Federal Court to review and either commute or uphold the death sentences of 840 death row inmates.

This is in line with another bill aimed at abolishing the mandatory death sentence - which the government plans to pass in the Dewan Rakyat by April 4.

If both bills are passed and enacted, death row inmates will have 90 days to file for a review of their sentences.

This will also apply to 117 inmates serving a 30-year "life sentence".

In both cases, if the inmates’ review bids fail, they will have another chance at seeking clemency from the Pardons Board.

The bill to abolish the mandatory sentence will give judges discretion on whether or not to hand out capital punishment.

Courts' discretion to be amended

Several offences where the courts have the discretion to decide a sentence will also be amended so that the only punishment is imprisonment.

This includes committing treason; attempted murder where the injury was caused; kidnapping in order to murder; kidnapping for ransom; manufacturing firearms without a licence; firearms trafficking; unpermitted transhipment or brokering of strategic items and providing technical assistance for restricted activities.

In both situations, the prison sentence has been changed from 30 years "life imprisonment" to 40 years behind bars.

Meanwhile, judges will also be given full discretion to decide on whether or not a person convicted of drug trafficking should be sentenced to death.

At present, a judge can only commute the death sentence for drug trafficking if certain criteria are met, including that there is no evidence of buying or selling the drug at the time of arrest, and that the person was just a drug mule, or had assisted in a drug bust. - Mkini