Putrajaya has agreed to do away with the mandatory death penalty, with a substitute sentence subject to the Court’s discretion, said Dato Sri Wan Junaidi Tuanku Jaafar.

The Minister in the Prime Minister’s Department (Parliament and Law) said the decision was made during the presentation of the Report on the Study of Substitute Sentences for Mandatory Death Penalty during the June 8 Cabinet meeting.

“The government has also in principle accepted and taken note of the recommendations of the Special Committee on Substitute Sentences for Mandatory Death Penalty explained in the report,” he said in a statement today.

The committee, which is headed by former chief justice Tun Richard Malanjum, comprises experts in the field of law such as former chief justice of Malaya, former solicitor general, legal practitioners, law lecturers from leading public higher learning institutions, and criminal research specialist.

Wan Junaidi said the Cabinet has agreed to further scrutinise and study the proposed substitute sentence for 11 offences carrying the mandatory death penalty.

One of the offences is under Section 39B of the Dangerous Drugs Act 1952 (Act 234) and 22 other offences carrying the death penalty but at the Court’s discretion.

“This further study will be carried out in collaboration with the Attorney General’s Chambers, Legal Affairs Division, Prime Minister’s Department, and other interested ministries or departments.

“This action is significant to ensure that the amendments to the relevant acts take into account the principles of ‘proportionality’ and constitutionality of any proposal to the government later,” he said.

According to him, the government will also study the feasibility of the direction of the Criminal Justice System in the country, such as the establishment of a pre-sentencing procedure, the establishment of a Sentencing Council, the development of Sentencing Guidelines, the establishment of the Law Commission, Prison Reform, and the implementation of sentences based on restorative justice.

“The decision on this matter shows the government’s priority to ensure the rights of all parties are protected and guaranteed, thus reflecting the transparency of the country’s leadership in improving the country’s dynamic criminal justice system,” he said.

He added the government also extended its utmost appreciation for the commitment given by the Special Committee on Substitute Sentences for Mandatory Death Penalty in producing this study report, which serves as the basis for a more systematic and effective change in the country’s criminal justice system.

Source:
courtesy of THE BORNEO POST

by LIM HOW PIM

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