Friday, May 27, 2016

Ministry of Home Affairs Statement on Kho Jabing - 25/5/2016

25 May 2016

Execution of Convicted Murderer

​1.      Several inaccurate points have been made in relation to the legal process in the case of Malaysian national Jabing Kho (“Jabing”).

2.        Jabing brutally killed a person in 2008. Jabing continued to strike the victim multiple times even though the victim stopped retaliating after the first blow. The victim suffered 14 fractures to the skull with severe haemorrhage in three areas. Jabing was convicted of murder and sentenced to death in 2010.

3.       Jabing was represented by counsel throughout. He was given every opportunity to file appeals, apply for re-sentencing consequent to amendments to the mandatory death penalty regime under the Penal Code, and petition the President for clemency.

4.       Following the conclusion of the legal and clemency process in 2015, Jabing was initially scheduled to have his sentence carried out in November 2015. However, he instructed his lawyers at the last minute, after the date for the execution was set, to rush to Court to try and get a stay, based on ‘new’ arguments which he wanted to raise. This was a pattern which was to be repeated more than once subsequently. The Court of Appeal ordered a stay of execution, and agreed to hear the arguments. The Court of Appeal, after hearing the arguments, dismissed them, in April this year. It also observed that there were in reality no new arguments.

5.       The date for execution was then set for 20 May 2016, and Jabing and his family were informed. New lawyers were then instructed to file a last-minute criminal motion to the Court of Appeal on Wednesday, 18 May 2016. Their applications were dismissed by the Court of Appeal. Then another two sets of new lawyers were instructed, to file yet another set of two applications at the last minute. The lawyers’ reasons were ostensibly that they were going to make new arguments. In fact there were no new arguments. It appeared that the sole purpose of the applications was to try and delay the execution which had been set for 20 May 2016.

6.        The Court of Appeal dismissed all the applications. The Court of Appeal said that Jabing’s multiple court applications after the conclusion of his appeal were an abuse of court process. The Court of Appeal also noted that it had said in its judgment in April this year that the case was to come to an end.

7.        After the Court of Appeal dismissed the applications, the sentence was carried out, on the date which had been fixed, 20 May 2016.

Chronological list of key dates
Jabing Kho
Chronological List of Key Dates
17 February 2008
Jabing, together with an accomplice, assaulted two construction
workers in order to rob them. In the course of the robbery, Jabing
struck one of the construction workers a number of times on the
head with a piece of wood. The construction worker suffered 14
fractures to the skull with severe haemorrhage in three areas. He
succumbed to his injuries and died on 23 February 2008. 
30 July 2010
Jabing was convicted of murder and sentenced to death.
24 May 2011
The Court of Appeal dismissed his appeal against conviction.
5 December 2011
Jabing submitted a clemency petition through his counsel.
1 January 2013
Amendments to the Penal Code for murder came into force. Jabing subsequently applied to be re-sentenced.
14 August 2013
High Court re-sentenced Jabing to life imprisonment and 24 strokes of the cane. The Prosecution subsequently appealed this decision.
14 January 2015
The Court of Appeal allowed the Prosecution’s appeal and imposed the death penalty on Jabing.
24 April 2015
Jabing submitted a second clemency petition through his counsel.
15 May 2015
Jabing submitted an addendum to the second petition through his counsel.
27 May 2015
His family members submitted a petition for clemency.
19 October2015
Clemency petitions rejected by the President. Both Jabing and petitioners were informed of the outcome.
4 November 2015
Jabing applied to the Court of Appeal to review its earlier decision,before his scheduled execution on 6 Nov 2015.
5 November 2015
Court of Appeal issued a stay of execution.

5 April 2016
Court of Appeal dismissed the application. Stay of execution was lifted.
18 May 2016
Jabing filed a criminal motion to the Court of Appeal for a stay of execution.
19 May 2016
Court of Appeal dismissed the application. 
Jabing then filed another legal application to challenge the constitutionality of the legislative amendments to the mandatory death penalty in the Penal Code and applied for a stay of execution of the death sentence so that the legal application could be heard
The High Court dismissed the application for a stay on the same day.
Jabing subsequently appealed against the decision to dismiss the application for a stay
20 May 2016
Court of Appeal dismissed the appeal
Judicial Execution of Jabing carried out.

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