Let ‘terror suspects’ face fair trial, says group (FMT News)

Let ‘terror suspects’ face fair trial, says group

FMT Reporters

 | July 9, 2016 

 

Malaysians Against Death Penalty and Torture calls for release of those detained without trial and repeal of laws allowing for detention without trial.

PETALING JAYA: A lobby group has called for “terrorism suspects” to face a fair trial and for the release of all those being detained without trial under various detention orders.

This included the 15 people arrested last week for investigations into the grenade bombing of a nightspot in Puchong, in which eight people were injured.

The organisation, Malaysians Against Death Penalty and Torture (MADPET) , said detention without trial was against the Universal Declaration of Human Rights.

MADPET spokesman Charles Hector said a foreign newspaper report had said that more than 160 people suspected of having ties to the Islamic State network had been detained in Malaysia in the past two years.

Hector urged the government to give details on the number of people being detained without trial, and those subjected to police restriction orders.

He said a fair trial was the best way of separating the guilty from the innocent and protecting against injustice, and also prevented abuse of power by officials, and a lackadaisical attitude in law enforcement authorities.

“The failure to charge and prosecute in open court also raises the concern that there really is no sufficient evidence, if any, to prove the person guilty,” he said.

All “suspects” arrested so far should be accorded all their rights, among them the right to a lawyer, and the right to a fair trial, Hector said, and the government should repeal all laws that provided for detention without trial, including the Prevention of Terrorism Act 2015. - FMT, 9/7/2016

See related post:- 

MADPET SAYS THAT ALLEGED ‘TERROR’ SUSPECTS SHOULD BE TRIED SPEEDILY IN OPEN COURT, AND NOT BE SIMPLY SUBJECTED TO DETENTION WITHOUT TRIAL - Abolish Detention Without Trial -

Making a change (New Straits Times, 29/11/2015)

Making a change 

By SUZANNA PILLAY - 29 November 2015 @ 11:02 AM 

THE abolition of the mandatory death penalty will benefit Malaysia as it is hoped to prompt the first move towards the abolition of the death penalty, according to Malaysians Against Death Penalty and Torture (MADPET). 

In Malaysia, the mandatory death penalty is imposed on serious crimes like murder, treason, certain firearm offences and drug- trafficking. 

 Its use in drug-related offences, particularly, has received much censure from human rights groups and lawyers. Minister in the Prime Minister’s Department and de facto Law Minister Nancy Shukri had announced that the government planned to abolish the mandatory death penalty for drug-related offences.

“Malaysia’s image will improve with regard to the European Union, which has abolished the death penalty,” says MADPET coordinator Charles Hector.

 “The convicted person will benefit from this. So, now, when evidence emerges in the future showing that the convict is innocent, he will still be alive.” 

Hector says the only thing that a mandatory sentence does is remove the discretion from the courts when it comes to sentencing. 

 “What is preferable is that Parliament only sets the minimum and maximum sentences, and the judge decides on the appropriate sentence based on the circumstances of the case.” 

 He believes that only the maximum limit should be set by law, with the discretion in sentences to be decided by the courts. “Sentencing guidelines already exist, but should new guidelines be introduced, these should be left to the judiciary — maybe with the involvement possibly of the Malaysian Bar and the public prosecutor.” 

Brickfields Asia College general manager and senior lecturer Daniel Abishegam says the proposed abolition tempers the harshness of the current law and shouldn’t impact the successful prosecution of drug-trafficking offences. 

 “As I understand it, the proposal does not intend to interfere with the evidentiary rules and standard of proof required for a prosecution of a drug- related offence.

 “The proposal only seeks to add an element of mercy in certain situation where the judge sees fit. So, the person will still be convicted of the offence. 

However, if the judge is convinced that the convict was merely a low-level functionary and not a dealer, he may exercise his discretion and sentence him to a jail term.” 

Abishegam says the category of people who will benefit from this would be those convicted under the presumption of trafficking under the Dangerous Drugs Act 1952, but who were in fact not trafficking. 

“They were merely in possession of drugs beyond the permitted amounts. If a judge is convinced of this based on the evidence presented before the court, the judge would then sentence the person to a long jail-term instead of death.

“The judicial discretion involved will be guided by the statute itself or the body of case law that will develop over the years. 

“If Parliament feels that the judicial discretion is being exercised in a way that is too arbitrary, amendments can be made to the act to reduce discretion.

 “However, it is my opinion that judges will be the best persons to decide based on the evidence presented before them and giving them some leeway to exercise mercy is not a bad thing.” 

Taylor’s Law School associate dean (learning and quality) Lai Mun Onn agrees that the proposed amendment, which will increase judicial discretion in sentencing, is a positive move. 

“Sentencing should be left to the judges. Guidelines can be helpful but, at the end of the day, it must not interfere with the judge’s discretion.

“The sentence should correspond with the offence, that is, minor sentences for minor offences. 

If the offence is ‘minor’, the possible harm that could have resulted should be small. 

“The sentence should, however, be sufficient to deter the individual from committing that offence again, as well as send a clear message out that what was done was wrong in the eyes of the law and should not be tolerated. 

The sentence should also help rehabilitate the offender and give him/her a chance to turn from his/her wrong ways.” 

Malaysian Bar Council president Steven Thiru says the restoring of judicial discretion in drug-related offences that presently carry the mandatory death penalty should not adversely impact the prosecution of these offences. 

“The prosecution will still have the burden of proving the elements of the offence to the requisite standard of proof (beyond reasonable doubt).

 “It may well be the case that judges would be more prepared to convict when they have the discretion to impose the appropriate and proportionate punishment for the offence, as opposed to having their hands tied to impose the mandatory death sentence. 

“Increased judicial discretion is a good development and it provides guidelines to help judges with sentencing. 

The establishment of a Sentencing Council to initially study and collate sentences that have been imposed, and then to standardise sentences would help ensure a uniformed, consistent and fair sentencing regime.” - New Straits Times, 29/11/2015

Read More : http://www.nst.com.my/news/2015/11/114419/making-change

OPPRESSIVE LAWS: Repeal SOSMA & offences criminalizing activities ‘detrimental' democracy’ - MADPET (Malaysia Chronicle)

28 September 2015 11:01(Malaysia Chronicle)

OPPRESSIVE LAWS: Repeal SOSMA & offences criminalizing activities ‘detrimental' democracy’ - MADPET

MADPET (Malaysians Against Death Penalty and Torture) is shocked by the actions taken by the Malaysian police against Datuk Seri Khairuddin Abu Hassan for allegedly lodging reports with relevant authorities in other countries against 1Malaysia Development Berhad (1MDB), a private company owned by Malaysia.

Khairuddin was first arrested and remanded for investigation on 18/9/2015 under section 124C of the Penal Code, being the offence of ‘attempts to commit an activity detrimental to parliamentary democracy or does any act preparatory thereto shall be punished with imprisonment for a term which may extend to fifteen years’. This is one of the new offences included into the Penal Code, which came into effect on 31/7/2012. It is too vague since there seems to be not even a definition as to what really would be an ‘activity detrimental to parliamentary democracy’, and as such could very be easily abused.

On 23/9/2015, when the courts released him after possibly denying the police application for further remand, Khairruddin was immediately re-arrested for allegedly committing offences under Section 124K and 124L of the Penal Code. This would be the offence of committing ‘sabotage’ and attempting to do so respectively.

Normally, when a person is arrested, being suspected of committing a criminal offence, the procedures and rights that are provided for in the Criminal Procedure Code applies. The police after arrest, can hold a suspect for no longer than 24 hours, and thereafter, if there is a need for further remand for the purposes of investigation, the police need to apply to the Magistrate for a remand order. Subsequent remand applications are permitted, whereby the total period of permissible detention for this purpose is 14 days. The Malaysian law now also sets limits on the maximum number of days of remand that can be granted by court on the first application, and applications thereafter.

Following the 2nd arrest of Khairuddin, the police allegedly stated that they would now rely on the Security Offences (Special Measures) Act 2012 (SOSMA), rather than the normal Criminal Procedure Code(CPC).

Avoiding normal procedures, safeguards and rights by invoking SOSMA

SOSMA is a law that provides for ‘special measures relating to security offences for the purpose of maintaining public order and security and for connected matters’. There are ‘special measures’ from the point of arrest until the end of trial, which do undermine the rights of the suspect and/or accused, including the right to a fair trial.

When SOSMA is used, the police no longer need to get a Magistrate’s order for the purposes of remanding a suspect for more than 24 hours. All that is required by SOSMA for detention beyond 24 hours is that ‘a police officer of or above the rank of Superintendent of Police…’ to ‘…extend the period of detention for a period of not more than twenty-eight days, for the purpose of investigation’. As such, the necessary check and balance provided by the Magistrate and the courts to ensure that the police do not abuse their powers and/or unjustifiably deny a suspect his freedom is gone.

SOSMA also provides that no bail will be granted for persons charged with security offences, save for very limited exceptions. SOSMA also allows the court to accept evidence of witnesses, in the absence of the accused person and his lawyer. In essence, SOSMA allows for the abandonment of many of the fundamental requirements, safeguards and rights necessary to ensure a fair trial.

Was there new evidence after release to justify immediate re-arrest?

Unless new evidence has come to light since the release, an immediate re-arrest of a suspect would be wrong. Eventhough, Khairuddin’s re-arrest may be for a different offence, which happens to be under the same Part of the Penal Code, which most probably are based on the same facts would also be wrong. The police could have very well during his 5 days in detention investigated him concerning all related offences – there is no need for a re-arrest and further detention. Furthermore, considering that he was released by court, the action of police seems to be an act of disrespecting the court. Now, using SOSMA in this re-arrest, the police shuts out the court’s ability to ensure that the police are not abusing their powers of remand.

It must be stressed that after a suspect is arrested, there is always the option to release the suspect on police bail on condition that he presents at the police station as and when needed to facilitate investigations. There is no necessity to continue to hold a suspect in detention for the purposes of investigation.

If the prosecution has sufficient evidence, rightly the person should be charged in court, and any application for bail could be challenged. Even if released on bail, the courts could order that the accused not leave the country.

Punishment Comes After Conviction – Presumption of Innocence

MADPET reiterates the importance of adhering to legal principle that a person is presumed innocent unless proven guilty, and this ‘proof of guilt’ is not a matter to be determined by the police, prosecution and/or the Minister, but by a court of law.

As such, prolonged remand for the purposes of investigation, or re-arresting, be in for the same or different offences, and further remands could be seen as a violation of the presumption of innocence principle. Punishment comes only after conviction and sentencing by a court of law, and not before.

Duty to report suspected crimes in any country?

Every human person has an obligation to highlight any alleged wrongdoing, crime, injustice or human rights violation – they are not expected to be indifferent or to turn a blind eye to the occurrence of suspected wrongdoings.

Whether the allegation is true or not, or even whether there is evidence to support it or not, it is not the concern of the person lodging reports. That will be a matter for the relevant investigation authorities to investigate and determine.

There is also no law in Malaysia that says that a Malaysian can only file reports/complaints about wrongdoings by Malaysians or Malaysian companies in Malaysia, and to file any such reports/complaints in any other country is a crime.

Deterring lodging of complaints against ‘powerful’ persons and companies?

Hence, MADPET, from information provided thus far in media reports, fails to see how what Khairuddin is alleged of doing, being the filing of reports with authorities in other countries, could even be perceived as a crime. Note that the relevant authority in any country will only commence investigation if and only if the subject matter is a violation of their applicable laws, and it is a matter that falls within their jurisdiction.

Malaysia need to be very concerned that its actions now may only deter Malaysians from lodging reports/complaints about suspected crimes or wrongdoings against ‘powerful’ personalities and companies. No one is above the law.

MADPET thus calls for:-

The immediate release of Datuk Seri Khairuddin Abu Hassan;

The immediate stop of the usage of Security Offences (Special Measures) Act 2012 (SOSMA) in this and all other cases in Malaysia;

The repeal of this draconian Security Offences (Special Measures) Act 2012 (SOSMA); and also

The removal of all offences in our laws that criminalizes activities ‘detrimental to parliamentary democracy’, which is just too vague and as such could be easily abused.

Charles Hector
For and on behalf of
MADPET (Malaysians Against Death Penalty and Torture)

Source: Malaysia Chronicle. 28/9/2015

Hundreds on death row in Malaysia (ABC Radio Australia)

Hundreds on death row in Malaysia

Visit ABC Radio Australia website to HEAR the interview

 

Updated 22 May 2012, 16:15 AEST

 

An Australian man may be facing the death penalty in Malaysia, but there are hundreds of others already waiting on death row - with an estimated 108 sentenced to death last year alone.

Hundreds on death row in Malaysia 

 

Just this week, five men received the death sentence for drug trafficking - an offence that carries the mandatory death penalty in Malaysia.

Presenter: Bill Bainbridge

Speaker: Charles Hector, lawyer, Malaysians Against Death Penalty & Torture

HECTOR: No at present, as of February 28th this year the number that was given to us by the government is 860 people are waiting on death row.

 

BAINBRIDGE: And can they all expect to finally be executed or do people remain on death row in Malaysia for many years without ever meeting their ultimate fate?

 

HECTOR: At the present moment I think for the past few years the Malaysian government has been slow on executions, so a lot of people actually stay on death row for quite some time, because even the 860 who are actually on death row they've still not gone through all the processes, they're pending appeal or they're waiting for a pardon at the present moment.

 

BAINBRIDGE: As we heard in that earlier report just 50 grams of drugs can be enough to earn the death penalty in Malaysia, that's in most jurisdictions that's a fairly small amount of drugs. What other kind of criminal offences carry the death penalty in Malaysia?

 

HECTOR: I think in regards to the other criminal offences murder is one, then also in terms of the unlawful possession of firearms if you're judged under the Internal Security Act, and the discharging of firearms with the intent of extortion, robbery, preventing or resisting arrest, abduction, kidnapping, house-breaking or house trespass. In this case just discharging of firearms, there's no question of anybody actually getting shot or injured, so these are the things. But the main thing is still drug trafficking.

 

BAINBRIDGE: And is drug trafficking, is it mostly foreigners who get caught up in drug trafficking, or are the majority Malaysians?

 

HECTOR: I think still the majority is Malaysians who are actually arrested and convicted and even executed, because for the reason of drug trafficking.

 

BAINBRIDGE: And so how difficult is it for lawyers in Malaysia to actually get somebody off death row?

 

HECTOR: It's quite difficult because the thing is as far as drug trafficking is concerned the presumption comes into play. So as long as you're arrested with a certain amount of drugs, the first presumption is that the presumption is that you are the owner, the person in possession of the drugs, and the second presumption is that you are guilty of drug trafficking. So the difficulty is in terms of actually overturning this presumption, which is not exactly very easy. So it's very rare that people actually manage to overturn the presumption.

 

BAINBRIDGE: And so therefore is there a very high risk of executing people in Malaysia who turn out to actually be innocent?

 

HECTOR: Yes there is because the thing is how do you actually disprove the fact that somebody places drugs in your car for example? How do you disprove and say it's not my drugs?

 

BAINBRIDGE: And are there cases like that, are there examples you can give us where somebody has been executed and later found to be innocent of the crime?

 

HECTOR: At present there is no such cases kind of thing based on fact or admission by the authority, but this is the story with regards to a lot of people who are actually been convicted or executed, that the drugs were not theirs or they did not know it was drugs. They're not actually involved in any form of drug trafficking, but it doesn't matter, because the thing is that is why in terms of there's indication that actually Malaysia might be actually moving towards abolishing, especially with regards to drug trafficking. More so that since there has been quite a number of Malaysians who have been actually arrested and charged for drug trafficking in China, in Singapore, who are facing execution and that somehow has actually opened the eyes of the government in a way to realise that these people could be innocent mules. 

 

BAINBRIDGE: So you say Malaysia is moving towards abolition, do you see that there's actually support within the government and within the population there to have abolition sometime in the near future?

 

HECTOR: I think within the government actually we have the minister coming out actually two or three times, and personally stating that he is actually for abolition, but he says that is his personal opinion and he hopes that more people will actually come forward and express that intention. And as far as the Malaysian Bar, we have actually passed a resolution several years ago calling for abolition, and recently about 12-thousand lawyers, multiracial, multi-religious, reflective of the citizenry in the country, in this year, 2012. What is interesting the similar abolition for death  penalty resolution was passed, but this time it was unanimous. And so I think the trend it seems to be that it's actually moving towards abolition rather than the other way around.

 

Abolition of death penalty in Malaysia? (Borneo Post, 30/10/2011)

Abolition of death penalty in Malaysia?

by Churchill Edward. Posted on October 30, 2011, Sunday

ABOLITION of the death penalty will not come so soon in conservative Malaysia despite efforts by a few to change the mindset of the public at large.

Public opinion suggests that support for the mandatory death penalty as punishment for murder is still strong despite arguments by abolitionists that the death penalty brutalises society.

 NO TO DEATH PENALTY: Thiru (right) listening to queries from members of the media. Also seen are (seated from left) Khaw, Lord Dubs, Charles and Tuijn.

According to the Global Overview on the Death Penalty for Drug Offences 2010, conducted by International Harm Reduction Association, there remains 32 states which provide for the death penalty for drug-related offences. Of these 32, 13 have the mandatory death penalty. Malaysia is one of them.

Abolitionists around the world have been quoting the late Gandhi that ‘An eye for an eye will make the whole world go blind’ effectively in some countries but not so in Malaysia.

The abolitionists argue that the death penalty is never a superior deterrent because murder and drug trafficking happen from time to time.

The worst case scenario is that an innocent man may be executed and when that happens, the sentence is irreversible, they point out.

The very few conservative countries are adamant about keeping the death penalty, especially as punishment for murder, drug trafficking and illegal possession of firearms.

Discretionary approach

Malaysians who support the abolitionists around the globe have suggested the country can go slow in changing the mindset of the people and/or public opinion by first urging the authorities to start making the death penalty discretionary for judges presiding over drug trafficking cases.

Later, the judges may proceed to invoke their discretionary powers in murder cases.

Discretion, the abolitionists suggest, may call forth some kind of compassion.

However most Malaysians note that compassion can also come in the form of a pardon by the King.

Public views must be taken into account on the proposal to abolish the death penalty in the country, said Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz.

“Like the Internal Security Act (ISA) — when a lot of the public wanting to abolish this law, we follow the majority. Public opinion is very important to us. At the moment you cannot really see whether or not the people are in favour of abolishing the death penalty,” he told reporters after a public seminar to promote the abolition of the death penalty in Malaysia in Kuala Lumpur.

Nazri said although there was now no discussion on the immediate abolishment of the death penalty in Malaysia despite calls from some quarters, the government was committed to re-evaluate, re-think and review the capital punishment.

114 death sentences

Malaysia still practises the death penalty and as of last year, there were 114 death sentences with another 744 persons on death row while one execution was reported.

Nazri, who is sometimes called the Law Minister, opined that the death penalty review was timely and in line with ongoing government efforts to review outdated laws and several emergency ordinances and introduce new laws, complied with the principles of human rights.

He said the government’s task was, therefore, to find the most humane mechanism to uphold justice for the people.

The seminar to promote the abolition of the death penalty in Malaysia was jointly organised by the European Union, the Bar Council Malaysia and the Human Rights Commission of Malaysia in conjunction with the International Day against the Death Penalty which is held every October 10.

Apart from Nazri, those present were ambassador Vincent Piket, head of the European Union (EU) delegation to Malaysia; moderator Prof Datuk Dr Khaw Lake Tee, who is vice chairman of Malaysian Human Rights Commission (Suhakam) and Steven Thiru, Malaysian Bar Council treasurer as well as four panelists — Lord Alf Dubs of the All Party Parliamentary Group on the Abolition of the Death Penalty House of Lords UK; NicoTuijn, vice president of Court of Appeal, Hertogenbosch in Netherlands; Charles Hector, lawyer and coordinator of the Malaysians Against Death Penalty and Torture (Madpet) and Yohendra Nadarajan, Amnesty International board member and Amnesty International Human Rights education coordinator.

Malaysian Bar Council president Lim Chee Wee was also present.

Piket, in his welcoming remarks, said the abolition of the death penalty worldwide was one of the main objectives of the EU’s human rights policy.

The Malaysian Bar also reiterated its call on the Malaysian government to immediately abolish the death penalty, and for an immediate moratorium on its use pending its abolition.

The Oct 13 seminar is the first in a long-term campaign to bring about the eventual abolition of the death penalty in Malaysia.

Life is sacred

In his closing remarks, Thiru said only God Almighty has the right to take away the life of a human being.

“We hold to the belief that life is sacred and every individual has an inherent right to life which is enshrined in Article 5 (1) of our Federal Constitution. We take the view that the right to life is a fundamental right which must be absolute, inalienable and universal, irrespective of the crime committed by the accused person,” he added.

“There is no empirical proof or data that irrefutably establishes that having the death penalty is effective (as compared to other forms of punishment) in deterring heinous and serious crimes.

“The retentionists’ credo that the death penalty deters crime is unsupported by compelling research. The retentionists, nevertheless, continue to call for the imposition of the death penalty, especially in relation to murder, rape and incest.

“However, the reality is that the death penalty would have dire repercussions on the efforts to prosecute and prevent the incidence of these crimes and the protection of rape survivors, and also the reduction of victimisation of the survivors under the legal process.

“For example, as the prosecution of rapists depends on the existence of a complaint by a rape survivor, the death penalty may discourage rape survivors from reporting the matter, especially if the perpetrator is a family member.”

Moreover, Thiru stressed, drug-related offences and addiction had been on the rise in Malaysia since the 1983 amendment to the Dangerous Drugs Act 1952 which imposed the mandatory death penalty.

“This weakens the case for the death penalty because more than half of the known outstanding death sentences are for drug offences (479 out of the 696 inmates on death row as of Feb 22 this year), followed by murder (204) and illegal possession of firearms (13).

The mandatory death penalty has obviously not had the desired effect intended by parliament.”

The little fish

The vast majority of arrests for drug trafficking are those of non-violent and low-ranking “little fish” in the drug market. The most recent report of the Global Commission on Drug Policy observes that these “little fish” are most visible and easy to catch, and do not have the means to pay their way out of trouble because they cannot afford bribes or bail, for example.

“The (end) result is that governments are filling prisons with minor offenders and with no impact on the scale or profitability of the market,” Thiru added.

“These minor offenders are usually poor, young, desperate and/or very impressionable. This is well illustrated by the much-publicised case of Yong Vui Kong who is on death row in Singapore after being arrested and convicted for being in possession of 47.26 grammes of diamorphine when he was just 18.

“He (Yong) represents one of the many thousands of small fish (in an elaborate international or domestic web) that are caught by governments every year and a victim of the growing drug mule recruitment drive in Southeast Asia and East Asia,” Thiru pointed out.

Furthermore, both in Singapore and Malaysia, there is a legal presumption that the accused who is in possession of drugs in excess of the proscribed weight limit is guilty of trafficking, and that the accused is deemed to know what he or she carries.

The burden is, therefore, on the accused to prove his or her innocence.

This is the reversal of the universal legal standard of the prosecution bearing the burden, which is described in the famous case of Woolmington vs DPP as the golden thread in all criminal cases. Thus, it follows that once a person is convicted for possession, the judge is compelled to hand down the death sentence.

No legal system in the world is fail-proof or error-free, Thiru added.

Despite the best efforts of all those involved in the judicial and legal system, errors still abound due to human frailty. Groups such as the Innocence Project in the US work to bring about post-conviction DNA exonerations and to date, 273 people in the US have been exonerated by DNA testing, including 16 who served time on death row.

Karthigesu case

In Malaysia, some may recall the famous 1970’s case of Karthigesu, who was wrongly convicted for murder and later acquitted.

“Needless to say, the opportunity to right a wrong will not be available if the death sentence had been meted out. Then, we, as a society, are collectively responsible for having sent an innocent man or woman to their death.

“It will be cold comfort to the deceased persons’ loved ones for us to hold that the system is not free from error and that every now and then, there are those who fall in between the stools! The burden of imposing a sentence of death is, therefore, great and leaves no margin for natural human error,” he said.

The execution of human beings by the state is seen as an “example of barbarity” and legitimises the taking of human life.

In the course of the on-going Save Yong Vui Kong campaign, Nazri had been quoted as saying that now was time for Malaysia to abolish the death penalty.

At the same time, he did add that Malaysia lacked the political will to change things.

As such, the Malaysian Bar Council believes it is time to generate that political will and fibre among our politicians.

In this regard, the Malaysian Bar Council said it lauded the creation of a cross-party caucus in parliament that seeks to promote support for the abolition of the death penalty, and its decision on June 27, 2011, to move a resolution in parliament to end the mandatory death penalty for drug-related offences.

A few years back, there was a tale about former prime minister Tun Dr Mahathir Mohamad ticking off a foreign journalist whose fellow countryman was on death row in Malaysia for drug trafficking.

The foreign journalist asked Dr Mahathir: “Sir, don’t you think that your law is barbaric?”

In response, Dr Mahathir was quoted as saying: “Don’t you tell that to me. Tell that to the drug traffickers.”

This seems to be the attitude of most Malaysians at present. Apparently, the abolitionists have to work harder to change public mind set. - Borneo Post Online, 30/10/2011, Abolition of death penalty in Malaysia?

Malaysia :- Death Penalty News - October 2010

* Some (not all) death penalty news reports involving Malaysia.

Alor Setar
24 October 2010
Tractor driver sent to the gallows for drug trafficking
A tractor driver was sentenced to death by the High Court here today after he was found guilty of trafficking in 2,700.01gm of cannabis five years ago.
Justice Datuk Zamani A. Rahim handed down the sentence on Tamim Ansari Abdul Hamid after finding that the defence had failed to raise any reasonable doubts on the prosecution's case.
Tamim Ansari, 26, from Sanglang, near Jitra, was charged with trafficking in the drug in front of the exit to the Darul Aman Stadium at 10.45pm on May 10, 2005.
Deputy public prosecutor Ana Rozana Mohd Nor prosecuted, while lawyer Mohd Nizan Azdahari represented Tamim Ansari.
(http://www.bernama.com/bernama/v5/newsindex.php?id=537991)

(Source: Bernama)
**********************************************************************************************************************************************************************************************************************************************************************
Kuching
26 October 2010
Woman escapes gallows in baby-in-drain case
A 23-year-old woman escaped the gallows after her murder charge was reduced to concealment of birth by secret disposal of her baby’s body.   Menti Muda from Kampung Mawang, Simunjan was tentatively charged under Section 302 of the Penal Code which carries a mandatory death sentence upon conviction.
The key prosecutor Stella Augustine Druce applied to drop the tentative charge and was allowed by the magistrates’ court.
Concealment of birth comes under Section 318 of the Penal Code which carries a maximum penalty of two years’ imprisonment or with fine or both upon conviction.
Yesterday, she appeared before Magistrate Syafiza Abdul Razak Tready who released her on RM3,000 cash bail, pending trial on Jan 26 and 27 next year.
However, the plea was yet to be made as she had to seek her parents’ advice first.
Menti who worked as a waitress at a coffee shop in Stutong allegedly committed the offence between 12.30 and 2.30am in March this year.
The baby was found inside a monsoon drain at Stutong. The accused was arrested a day after the baby’s body was found in the drain as highlighted in the media.
Her accomplice, who is said to be her boyfriend, is still at large. He was believed to be a construction worker staying near Stutong.
Inspector Ahmad Alias prosecuted and Menti was not represented by any lawyer.
(http://www.theborneopost.com/?p=70989)

(Source: Borneo Post)
**********************************************************************************************************************************************************************************************************************************************************************
Melaka
28 October 2010   Two Friends Sentenced to Death for Drug Trafficking
The High Court here today sentenced a couple to death after they were found guilty of trafficking in 8,869gm of cannabis at Equatorial Hotel two years ago.
Justice Datuk Ahmadi Asnawi handed down the sentence after finding that the prosecution had succeeded in establishing the case beyond reasonable doubts.
Darwis Zaihani, an unemployed from Sungai Penchala, Selangor, and salesgirl Ye Shau Pei, from Raub, Pahang, were charged with trafficking in the drug at the car park of the hotel at about 5.30pm on Dec 14, 2008.
Darwis, 23, and Ye, 35, showed no reaction when the judge handed down thesentence. Deputy public prosecutor Shahidani Abd Aziz prosecuted while lawyers R. Yuganathan and C.W.Chan represented Darwis and Ye, respectively.
Met by reporters outside the court, Yuganatahn and Chan said they would file an appeal.
(http://www.bernama.com/bernama/v5/newsgeneral.php?id=539171)

(Source: Bernama)
**********************************************************************************************************************************************************************************************************************************************************************
Alor Setar
28 October 2010
Two Escaped Gallows, But One Sent to Prison for Drug Possession
Two men who were charged with drug trafficking escaped the gallows Thursday after the High Court here acquitted and discharged one of them of the charge and amended the charge of the other.
The two men, Bakri Abdul Rahim, 51, and Othman Puteh, 58, were initially charged with trafficking in 91,503gm of cannabis at an unnumbered house in Sungai Baru, in the district of Kuala Muda about 10.30am on Aug 7, 2008.
The offence, under Section 39B of the Dangerous Act, carries the mandatory death sentence upon conviction.
Justice Datuk Zamani A. Rahim ordered Othman to be acquitted and discharged after finding that the prosecution has failed to establish a prima facie case against him.
In the case of Bakri, Zamani amended the charge to that of drug possession and sentenced him to 15 years jail to be served from the date of arrest on Aug, 2008.
“But, fate is on your side because your age has exceeded 50 and is exempted from whipping,” he added.
Earlier, lawyer Chong Seng Ming, who represented Bakri, said his client who had no previous record, had pleaded guilty and was remorse.
Both Othman and Bakri were acquitted and discharged on a second charge with possessing dangerous drug, comprising 36.4 litres of liquid and 26.28kg of leaves which contained Mitragynine at the same place, date and time.
Zamani acquitted them on grounds that the prosecution had failed to prove prima facie case against Othman and Bakri.
Deputy public Prosecutor Ahmad Zakhi Mohd Daud prosecuted.
(http://www.bernama.com/bernama/v5/newsgeneral.php?id=539077)

(Source: Bernama)
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29 October 2010
Ombudsman assists Georgian citizens detained in Malaysia to avoid death penalty
Giorge Tugushi, Public Defender of Georgia joined the process of saving two women citizens of Georgia, detained in Malaysia with large quantities of drugs, from a death penalty.
The Ombudsman intends to ask for help from international organizations.
Regarding two Georgian citizens detained in Malaysia, the Georgian Foreign Ministry will know about their names, presumedly, today. An interpreter is meeting with them today.
The detainees have some problems with the testimony because of the language barrier.
Malaysia is not a member of any international conventions, especially those relating to human rights.
A People's Advocate will seek to extradite the detainees to Georgia. Tugushi said that the death penalty is not acceptable for punishment, regardless of the crime committed by a person.
"The death penalty is condemned by the Council of Europe and other international organizations. First, death penalty is often committed followed by a critique. I think that it must not be done. We need support," Tugushi said.
Two Georgian citizens were detained in Malaysia with a large quantity of drugs on Monday. According to the Malaysian law, they can face the death penalty.
(http://en.trend.az/news/politics/1774209.html)

(Source: Trend News - Azerbaijan)
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Seremban
30 October 2010   Teen gets death for killing shopkeeper over noodles
A 60-year-old shopkeeper who refused to sell a pack of instant noodles to an 18-year-old youth paid with his life when the youth returned the next day and stabbed him to death.
High Court judicial commissioner Ahmad Nasfy Yasin sentenced the teenager Tha­morhran Ramarao to death.
He said that claims by the defence that the teenager was drunk at the time of the incident and had not intended to kill the victim Mohammad Jabrullah Abdul Wahab were an afterthought.
The accused, who was a mechanic and an only child, had turned 18 only a month earlier.
Thamorhran was charged together with welder Chandramogan Govindasamy, who was 21 at the time of the incident under Section 302 of the Penal Code read together with section 34 of the same Code.
They allegedly committed the offence at Pasaraya Jayamas, Jln Nilam 8, Taman Jayamas near here on July 31 at 10.45pm.
Ahmad Nasfy acquitted Chan­dramogan as the defence had raised a reasonable doubt over his involvement in the murder.
According to the statement of the facts, Thamorhran went to the store the night before the incident as it was about to close and asked Mohammad Jabrullah for a packet of Maggi. However, the victim refused and told him to return the next day.
Thamorhran went back the next day with Chandramogan and repeatedly stabbed Mohammad Jabrullah as his son Mohamad Ghazali, 21, watched.
Ahmad Nasfy said the court could not accept a claim by the counsel for the accused S. Pushpanathan that Mohammad Jabrullah may have died due to a heart ailment as he died a day after being admitted to the hospital.
(http://thestar.com.my/news/story.asp?file=/2010/10/30/courts/7332136&sec=courts)

(Source: Star - Malaysia)
 

18 October 2010
No place for death penalty in a civil society
I would like to bring up the following issues on capital punishment.
1.        Is the justice system fool-proof and would anyone be wrongly convicted? It's obvious no system is foolproof and to wrongly convict an individual and send him to the gallows is one person too many.
Someone argued previously that wrongly convicting an individual and sending that person to the gallows is no different from wrongly convicting that person and sending him to jail as one could not 'reimburse' the jail time served by the wrongly convicted individual.
Arguments along this line ignores the seriousness of taking away a person's life.
2.        Is capital punishment an effective deterrent?
Well, I think capital punishment can be a deterrent for the average person on the street. But I seriously doubt if capital punishment is an effective deterrent for hardcore criminals and murderers.
3.        Is it right for society to take away an individual's life as a form of punishment?
No, I don't think society has a moral or religious right to take another person's life, no matter how heinous the crime. To take an individual's life will be no different from behaving like that same criminal society is prosecuting.
But society has a right and a duty to protect itself from criminals by incarcerating them, for life if need be.

Taking into account just issue number one above, Malaysia must abolish capital punishment. There is no place for capital punishment in a civil society.
(By Cheah Hooi Giam)
(http://www.malaysiakini.com/letters/145678)

(Source: Malaysiakini)
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Kota Kinabalu
20 October 2010
Local youth faces death sentence for murder
A local youth is facing the mandatory death sentence if found guilty of murdering a 20-year-old man eight months ago.
High Court Judicial Commissioner Stephen Chung yesterday reserved Jan 24 to 28 next year for the trial of Muhammad Mat Salleh who is defended by assigned counsel Hamid Ismail.
The 19-year-old accused from Papar allegedly murdered Kelly Cristine at a family recreation centre in Papar at 3.15pm on Feb 7.
The alleged offence comes under Section 302 of the Penal Code which provides for mandatory death penalty.
The court ordered the accused to be held in custody under Section 259 of the Criminal Procedure Code pending his trial as the alleged offence is not bailable.
Deputy Public Prosecutor Mohamad Zairi Zainal Abidin told the court that the prosecution would be calling 25 witnesses to testify against Muhammad.
(http://www.theborneopost.com/?p=69730)

(Source: Borneo Post)
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Shah Alam
23 October 2010
Nigerian drug trafficker sentenced to death
A Nigerian footballer-turned-drug trafficker was sentenced to death by the High Court here yesterday, after he was found guilty of trafficking in 530.14 grammes of heroin in Puchong last year.
Justice Datuk Abdul Alim Abdullah said at the end of defence case, Danny Phiri, 25, had failed to raise any reasonable doubt on the prosecution case.
He was charged with drug trafficking under Section 39B(1)(a) of the Dangerous Drug Act 1952, which carries the mandatory death sentence upon conviction.
He had committed the offence at an apartment unit of Block A-3A-08, Koi Tropikana, 3rd mile Jalan Puchong, Puchong at 12.35am on May 15, last year.
According to the facts of the case, the police, acting on a tip-off, had forced their way into the apartment unit and detained the accused and his Filipina girlfriend.
In the room, the police seized a plastic bag containing 530 grammes of heroin, and found 0.14 grammes of heroin hidden inside a photo frame.
The court was told that Phiry was in Malaysia since 2008, looking for a suitable soccer club.
However, he was lured by another Nigerian into becoming a member of a drug trafficking syndicate.
During the trial, a 24-year-old Filipina turned crown witness and testified against her boyfriend.
Deputy public prosecutor Alfred Egin appeared for the prosecution.
(http://www.theborneopost.com/?p=70306)
(Source: Borneo Post)


Malaysia/Philippines

Kuala Lumpur
19 October 2010
Filipina Escapes Hangman’s Noose
A 47-year-old mother from the Philippines escaped the gallows today after a High Court judge here amended the drug traficking charge to possession after ruling that the prosecution has failed to establish a prima facie case on the initial charge.
Elisa Sans Gabriel Resurreccion, 47, of Binagonan, Manila, was sentenced to eight years jail from the day of her arrest after she pleaded guilty to the amended charge. She was arrested on Aug 28, 2009.
Trial judge Datuk Mohd Sofian Abd Razak said at the end of the prosecution''s case that evidence adduced through nine prosecution witnesses were more towards the offence committed under Section 39A(2) of the Dangerous Drugs Act 1952 which carries a minimum five years'' jail and whipping.
Under the amended charge, she was accused with possession of 1,126.9 gram of cocaine at Puduraya bus terminal here at about 8.50am on Aug 28, 2009.
In his decision, Mohd Sofian said that the court had given Resurreccion a second chance to redeem herself and told her not to be involved with a similar offence in the future.
He said the court also took into consideration that Resurreccion was a single mother with four children aged between 19 to 25, while her father was suffering from heart complication.
"You are lucky to escape from harsh punishment under this Act where women are exempted from whipping," Mohd Sofian said.
According to the facts of the case, police acting on a tip-off had trailed Resurreccion from the Kuala Lumpur International Airport (KLIA) to Puduraya bus terminal.
She was arrested when she showed up to collect her luggage from a locker where police found 23 pieces of blouses which police suspected were filled with drugs.
A chemist's report confirmed that the drug was cocaine and weighed 1,126.9 grams.
In his mitigation, court-appointed counsel N. Subramaniyan told the court that the accused used to work as a nanny in Taiwan to support her family and she was befriended by another woman from her country before ending up with a drug syndicate.
Deputy public prosecutor Lokman Kasim contended that the court should take into account the public interest rather than the interest of the accused in sentencing, since the case involved a substantial amount of drugs.
(http://www.bernama.com.my/bernama/v5/newsindex.php?id=536715)

(Source: Bernama) 

Shah Alam
12 October 2010
It＊s the Gallows for Guard Who Trafficked 25.6Kgs of Ganja
The High Court here today handed a guard the death sentence after finding him guilty of having trafficked 25.6 kilogrammes of ganja (cannabis), two years ago.
Judge Datuk Wira Mohtarudin Baki handed down the sentence to Rosnan Non, 46 after he was satisfied that the defence had failed to raise any reasonable doubts in the prosecution''s case.
In his brief judgement, Mohtarudin said the defence relied merely on denial and conjecture.
"Failure to call a witness who the accused claimed had lent him the van the narcotic was found, did not in any way support the defence''s case," he said.
Rosnan was caught with the drugs in a Nissan Serena Van with registration number WFY 1459 at lot number 3473-Q, Jalan Bukit Badak, Kampung Melayu Subang, Subang near here at 11.45pm on Oct 18, 2008.
Drug traffickers face the mandatory death sentence, if convicted.
The prosecution was conducted by Deputy Public Prosecutor Rosidah Abu Bakar while Rosnan was represented by counsel Rosli Zain.
The prosecution produced nine witnesses during the course of the trial while the defence two, including the accused.
(http://www.bernama.com/bernama/v5/newsgeneral.php?id=534812)

(Source: Bernama)
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Kuantan
15 October 2010
Five Escape the Gallows
The High Court here today acquitted and discharged three men and two women of trafficking in cannabis weighing 27,981.03 grammes, two years ago.
Judge Datuk Mariana Yahya made the decision after finding the prosecution had failed to prove a prima facie case against barber Azli Che Lah, 46, housewife Zailani Husin, 38, pensioner Mijan Jusoh, 66, taxi driver Che Mat Che Mahmood 57, all from Pasir Mas, Kelantan and a Thai woman identified only as Miss Nanthiya, 20.
They were alleged to have committed the offence at the parking lot of Swiss Garden Resort & Spa, located at Kilometre 12, Jalan Kuantan-Kemaman near here at 2pm on July 5, 20008.
Drug trafficking is a capital offence.
In her judgement, Mariana said several doubts were raised in the prosecution''s case among them the type of drug seized, the issue of supervision and control when the seized drugs were sent for analysis by the Chemistry Department and the actual weight of the seizure.
"The prosecution also failed to link the accused with the case material because there was not a single element that showed who owned or was in control of the drugs seized," she said, adding that the prosecution''s witnesses were also not very clear about this.
"The fact that the type of drugs seized could not be identified, alone proved fatal to the prosecution's case," she added.
The prosecution was conducted by deputy public prosecutor Ahmad Fadhli Mahmud while the accused were represented by counsel Mohd Ridzuan Muhamad, Wan Harun Wan Hassan, Wan Jawahir Wan Hassan and Mohd Rosli Yusof.
(http://www.bernama.com/bernama/v5/newsindex.php?id=535574)

(Source: Bernama)


Malaysia/Singapore

13 October 2010
Divided Over the Death Penalty
South-east Asian neighbours Malaysia and Singapore have had several political spats over the years, including long-running arguments over water supply and a territorial dispute over the Pedra Branca islets at the eastern entrance to the Straits of Singapore.

But it is a more emotionally-charged issue 每 the state- sanctioned snuffing of a human life 每 that is at the centre of a new storm brewing between the two countries, as activists rallying for the death of capital punishment rush to save the life of Yong Vui Kong, a 22-year-old Malaysian on death row in Singapore.

A group of Malaysian anti-death penalty campaigners protested outside the Singapore High Commission in Malaysia＊s capital Kuala Lumpur on Aug. 10, submitting a memorandum to protest the denial of due process to Yong, who was just 18 when he was arrested in Singapore in 2007 for trafficking 47 grammes of heroin.

One member of the group, outspoken Malaysian Member of Parliament S Manickavasagam, said they would place a coffin outside the Singapore High Commission if Yong is hanged.

"We＊re not talking about a political feud that doesn＊t make sense to anyone but the Singapore and Malaysia governments," says a Singaporean lawyer, Joshua, who declined to be identified in full. "We＊re talking about a human life, and we should be more worried if there were no emotions, no public outcry."

A 2005 survey by state-controlled newspaper ＆The Straits Times＊ revealed that some 96 percent of Singaporeans supported the use of the death penalty, which is mandatory in cases of trafficking of more than 30 grammes of heroin. Possession of drugs to unlawful discharge of arms to murder are in the range of offences covered by capital punishment under the Penal Code.

But slowly, support for its abolition appears to be on the increase, with activists using online media like blogs and videos posted on YouTube and Vimeo to circumvent the strict laws on public protests and stranglehold of information by the state-run press.

The Singapore Anti-Death Penalty Campaign (SADPC), an independent group started in 2005 that calls for the abolition of the death penalty, has more than 1,400 members in its group on Facebook, a popular social networking website.

A heart-wrenching scene on Aug. 24, of Yong＊s family kneeling outside the Istana in Singapore after they delivered a petition with 109,346 signatures, begging President S R Nathan to spare the life of the young man, was watched by thousands worldwide.

But in a strange turn of events, Yong＊s lawyer was told that "the President has no discretion under the Constitution＃ to grant pardons."

"The power to do so rests solely with the Cabinet," High Court Judge Steven Chong told Yong＊s lawyer M Ravi, a leading human rights activist here, who argues that comments made by Singapore＊s law minister had prejudiced and compromised Yong＊s constitutional right to an appeal for clemency.

"Yong Vui Kong is young. But if we say, ＆We let you go＊, what is the signal we are sending?" Law Minister K Shanmugam told a public forum on May 9, according to local media reports. "We are sending a signal to all the drug barons out there: Just make sure you choose a victim who is young, or a mother of a young child, and use them as the people who carry the drugs into Singapore," Shanmugam said.

"(Yong＊s campaign) has been quite a journey and we have seen the campaign growing beyond our shores," said the SADPC in an Oct. 10 statement to mark the World Day Against the Death Penalty.

"The support we have received from our Malaysian colleagues and their network is motivating and we will definitely continue our campaign efforts to keep Yong Vui Kong alive and to advocate for a second chance," it added.

Indeed, the sentiment against capital punishment in this tiny but affluent island-state pales in comparison to the waves generated by neighbouring Malaysia. The ＆Save Yong Vui Kong!＊ page on Facebook has gathered close to 21,000 supporters.

According to his lawyer, Yong has turned over a new leaf in the three years he has spent in prison.

Once a wayward teenager, Yong has immersed himself in Buddhism, shaved his head, and now teaches his fellow prisoners about Buddhist principles. The Chinese-speaking youth has also learnt to speak Malay and English while in prison, and wants to be an advocate against drug abuse, Ravi added.

Meantime, while the battle rages on to save Yong from the gallows, Malaysian activists in August asked the Singapore government to admit that it wrongfully executed 23-year-old Malaysian Vignes Mourthi in 2003.

The uproar follows new information revealed in a book launched in June, ＆Once a Jolly Hangman: Singapore Justice in the Dock＊ by British writer Alan Shadrake, which includes interviews with human rights activists, lawyers, former police officers, and the former chief executioner at Singapore's Changi Prison.

According to Shadrake＊s book, Mourthi was convicted based on a handwritten transcript of a conversation he had with an undercover officer. But the fact that the officer was facing allegations of rape, sodomy and bribery at the time he gave the evidence 每 and subsequently jailed for 15 months for bribery 每 was kept from the court.

"Singapore has murdered an innocent person in cold blood," said N Surendran of Malaysian group Lawyers for Liberty.

But the Singapore attorney general's office says the book casts doubt on the impartiality, integrity and independence of the country's judiciary, and has arrested the 75-year-old author on charges of contempt of court and criminal defamation. He is out on bail.

"I don＊t think the death penalty will be abolished soon, but the mandatory death penalty may go first," Shadrake told IPS days ahead of his Supreme Court hearing on Oct. 18.
(http://www.ipsnews.net/news.asp?idnews=53146)

(Source: IPS)


Malaysia/Indonesia

Jakarta
12 October 2010
Drug Pair Facing Indonesian Death Penalty ＆Tricked＊
A Malaysian couple facing the death penalty for allegedly smuggling 44 kilograms of crystal methamphetamine into Indonesia told a court on Tuesday that they had been framed by local authorities.

Lim Fong Yee, aka Connie Lim, and Lee Chee Hen were presenting their defense at the South Jakarta District Court, four days after prosecutors demanded they receive the death sentence.

Prosecutors said the shabu-shabu, or crystal meth, was worth Rp 96 billion ($10.75 million).

Defence lawyer Ernanto Sudarno told the court that his clients had been fooled into picking up an opened package.

※The package was unsealed when my clients picked it up at the Aramex cargo transportation office. Witnesses have confirmed this,§ Ernanto said.

The couple said they had been on holiday in Indonesia and checking out business opportunities during Chinese New Year Lunar festivities when they received a phone call to pick up a package at the transportation office.

※They did not know the package contained shabu,§ Ernanto said, as Lim, who was seated next to her boyfriend, wept.

Speaking after the hearing, the lawyer said the package was sent from Malaysia by a man named Kim Hong and had been addressed to Muhammad Aziz. Both have been declared fugitives by Indonesian authorities.

※The cargo company had x-rayed the package and knew it contained shabu. So it called in the authorities and they waited for the person who would pick it up,§ Ernanto said.

Lim picked up the package, while her boyfriend waited in a car.

※Firstly she did not have a receipt to claim the package but the company allowed her to take it,§ the attorney said.

※Prosecutors accused her of a sinister conspiracy because she carried the package and someone else was waiting for her. That＊s not true because she couldn＊t carry a package weighing 44 kg. It was delivered to the car by a law enforcer.

※Since authorities failed to capture the true culprits, namely the sender and the expected recipient, my clients were charged and face the maximum punishment.§

The verdict is expected today.
(http://www.thejakartaglobe.com/home/drug-pair-facing-indonesian-death-penalty-tricked/400986)

(Source: Jakarta Globe) **********************************************************************************************************************************************************************************************************************************************************************
Jakarta
13 October 2010
Malaysian Drug Pair Spared Death But Faces a Long Time Behind Bars
A Malaysian couple on Wednesday escaped the death sentence but were handed long jail terms after a court found them guilty of smuggling 44 kilograms of crystal methamphetamine into Indonesia.

Judges at the South Jakarta District Court jailed Lim Fong Yee a.k.a Connie Lim, 30, to 20 years in jail for being an accessory in the crime while her boyfriend, Lee Chee Hen, 44, was given a life sentence.

※The two defendants have been convincingly proven guilty of illegally importing narcotics weighing more than 5 grams,§ presiding judge Yonisman said.

※As for the first defendant [Lim], she only followed orders from the second defendant to pick up the packages.§

The two were also fined Rp1.5 billion ($168,000) each.

※Their crime is against the government＊s tough antinarcotic program and could endanger the young generation of this country,§ the judge said.

Lim, from Johor, and Lee, from Pahang, declined to comment and their lawyer, Ernanto Sudarno, said he would decide in the next week whether to appeal.

Ernanto argued that the verdict was flawed, saying ※the point is whether or not the defendants own the drug, and in my opinion the court has failed to prove that.§

The judge dismissed Lee＊s defense that the four packages, each containing 11 kilograms of crystal methamphetamine, were sent by a man in Malaysia named Kim Hong to a man named Muhammad Aziz in Indonesia.

※The name of the recipient Muhammad Aziz and his phone number was on the packages. Why wouldn＊t the sender call the recipient to pick up the packages instead of asking the second defendant to do so?§ the judge said.

On Tuesday, the prosecution sought the death penalty as the defendants presented their cases and pleaded not guilty.

※I have a legal job and a legal income source, so I don＊t need to sell drugs to make a living,§ Lim said.

Lee argued that he knew nothing at all about the content of the packages.

Lim and Lee were arrested on Jalan Wolter Mongonsidi, South Jakarta, on March 9.

The National Anti-Narcotic Agency (BNN) claimed the two attempted to bribe officials with Rp 10 billion each and then raised the amount to Rp20 billion, but the offer was rejected.
(http://www.thejakartaglobe.com/home/malaysian-drug-pair-spared-death-but-faces-a-long-time-behind-bars/401243)
(Source: Jakarta Globe) 

George Town
4 October 2010
Duo sentenced to hang for drug trafficking
The Penang High Court here today sentenced two friends to death after they were found guilty of trafficking 50.3 grammes of heroin and monocetylmorphines weighing 7.4 grammes, in February 2007.
Judge Normala Salim in her judgement said the prosecution had proved their case against P.Pathmanathan, 28, a welder and Bernard Louga Edward, 29, a goat breeder, beyond all reasonable doubt.
The duo were caught with the drugs at the Juru rest centre along the North-South Highway at 11.30pm on Feb 26, 2007.
Drug tracking carries capital punishment.
Pathmanathan was represented by counsel Datuk Haniff Hashim while Bernard Louga by counsel R.S.N Rayer.
Deputy public prosecutors Suhaimi Ibrahim and G Jaya Prem prosecuted.
(http://www.bernama.com.my/bernama/v5/newsgeneral.php?id=532431)

(Source: Bernama)
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Shah Alam
5 October 2010
Ex-Policeman Gets Death For Murder Of Boy And Maid
A former police constable was sentenced to death by the High Court here today after he was found guilty of murdering a two-year old boy and his maid seven years ago.

Justice Mohd Yazid Mustafa handed down the sentence after finding that the prosecution, represented by deputy public prosecutor Mohd Nordin Ismail, had succeeded in establishing the case beyond reasonable doubt.

Mohd Nahar Abu Bakar, 34, who was in the dock, showed no reaction when the judge handed down the judgment. He was represented by lawyer Amir Khusyairi Mohd Tanusi.

Mohd Nahar, previously attached to the Kampung Baru police station, Manjung, Perak, was charged with murdering two-year-old Muhammad Nurosama Shohimi, whose father is former Klang Umno division secretary Shohimi Shafie, at his maid's house at No: 19, 5th Floor, Flat Cempaka, Bandar Baru Klang, Klang, about 1pm on Dec 30, 2003.

He was also charged with murdering the maid, Siti Rohana Baharom, 34, at the same place, time and date.

Mohd Nahar, who was arrested on Oct 16 last year, was charged under Section 302 of the Penal Code which carried the mandatory death sentence upon conviction.

In his judgment, Mohd Yazid said that after studying evidence in the case, it was found that Mohd Nahar did not deny that he went to Siti Rohana's house with Normah Jantan, the 13th prosecution witness, on the day of the incident.

He said he was satisfied that Mohd Nahar was the person who entered Siti Rohana's flat and then went to his car and ordered Normah to start the engine before going up to Siti Rohana's flat again.

"I am also satisfied that the accused went to the back of the car and took a rambo knife from the car boot and went up again to the flat.

"I am satisfied that the knife belonged to the accused and in Siti Rohana's flat, the accused was the one who stabbed the two victims," he added.

He said even the testimony by the accused did not raise any reasonable doubts on the prosecution's case.

Whatmore, there was a witness who saw him stabbing the victims before fleeing the scene, he added.

Mohd Yazid said he found that Mohd Nahar had intention to kill the victims when he stabbed them and this was confirmed by a pathologist that the victims were stabbed many times.

"Mens rea (guilty mind) of the accused at that particular time was to kill both the victims and therefore, the accused is found guilty of both charges and sentenced to death by hanging," he added.

Meanwhile, Shohimi, who were at the court with wife, Hamidah Harun, and other family members, when met by reporters outside the court, said he accepted his son's death and grateful that justice had been done with the sentence handed down by the court on the murderer.
(http://www.bernama.com/bernama/state_news/news.php?cat=ct&id=532672)

(Source: Bernama)
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Putrajaya
8 October 2010
Ex-Policeman Files Review Of Death Sentence
An ex-policeman on Death Row is seeking the Federal Court to free him on the grounds that his conviction and death sentence cannot stand because the court judgments were written in English.

Harcharan Singh a/l Piara Singh has filed an application at the Federal Court registry here through legal firm Messrs Karpal Singh & Company, seeking the court to review the Federal Court previous panel's decision which had convicted and sentenced him to death for murder.

The notice of motion, which was attached together with an affidavit of his counsel, Karpal Singh, was filed at 4pm Friday.

Karpal Singh averred in his affidavit that there was serious contravention of Section 8 of the National Language Act which came into force on July 1 1971, which stated that proceedings in all courts in the country must be in the national language.

He said all proceedings must include judgment of the court, and must be mandatorily written in the national language.

Karpal Singh said Harcharan's conviction and death sentence could not be supported in law and ought to be set aside because the judgments of the High Court, Court of Appeal and the Federal Court were written in the English language, leading to the entire proceedings in those courts, being null and void.

The 46-year-old former police lance corporal was sent back to Death Row when the Federal Court on Sept 9, last year reversed his acquittal for murdering a Pakistani businessman, 14 years ago, in a case said to involve a 'love triangle'.

He was previously freed for nearly five years when the Court of Appeal overturned the High Court conviction but was back to face the gallows after the Federal Court allowed the prosecution's appeal.

On Nov 15, 2000, the Shah Alam High Court convicted Harcharan and his cousin Jasber Singh a/l Gurdial singh of murdering Shaikh Abdul Rub Samdani Siddiqi, at a house in Taman Desa Aman, Sungai Buloh, Selangor at 10.30pm on March 1, 1996.

However, after being freed by the Court of Appeal, Jasber, 40, an Indian national, returned to India. The prosecution also appealed against Jasber's acquittal but was unable to serve the notice on him.
(http://www.bernama.com.my/bernama/state_news/news.php?id=533727&cat=ct)

(Source: Bernama)
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Shah Alam
8 October 2010
Coconut Juice Seller Sent to the Gallows for Drug Trafficking
A coconut juice seller was sentenced to death by the High Court here today after he was found guilty of trafficking in eight packets of compressed cannabis, weighing 8,183.8gm, 10 years ago.
Justice Datuk Mohd Zaki Md Yasin handed down the sentence after finding that Nadzari Awang Hamat had failed to raise reasonable doubts against the prosecution''s case.
The defence by the accused were merely denial, he added.
Nadzari, 37, was charged with committing the offence at Medan Selera Puchong Perdana, Puchong near here, about 1.30pm on June 8, 2000.
Deputy public prosecutor Alfred Egin prosecuted, while Nadzari was represented by lawyer James George.
(http://malaysia.news.yahoo.com/bnm/20101008/tts-court-drug-bm-993ba14.html)

(Source: Bernama)