* When the new Pakatan Harapan led government came into power after the last General Elections, the Cabinet decided to abolish the death penalty - then, the government back-tracked, and is now saying that they will only abolish the MANDATORY death penalty - but there is still no Bill tabled in Parliament to abolish the mandatory death penalty.
Again, a 'Task Force' is established ...and we are still waiting ...and many victims continue to be sentenced to the mandatory death sentence. The abolition of the mandatory death sentence is simple ...and Bills could have tabled immediately. Other issues like how to deal with those on the death row are issues that could be later dealt with...
Law minister: Judges to have discretion in imposing death penalty
.jpg "Minister in the Prime Minister's Department Datuk Liew Vui Keong speaks to reporters at the Parliament lobby in Kuala Lumpur July 4, 2019. — Picture by Yusof Mat Isa")
KUALA LUMPUR, July 18 — Judges will still have the discretion to
impose the death penalty under proposed changes in the law to abolish
the mandatory death sentence currently in existence for 11 offences,
Minister in the Prime Minister’s Department Datuk Liew Vui Keong said
today.
He clarified that the proposed changes being sought by the government
were meant to give judges wider discretion in deciding whether to
impose the death penalty or life imprisonment or imprisonment for a
shorter period, depending on the facts of individual cases.
Among the 11 offences currently carrying the mandatory death
sentence, nine relate to crimes under the Penal Code, while the
remaining two comprise offences under the Firearms (Increased Penalties)
Act 1971.
Twenty-two other offences carry the option of a death sentence or
life imprisonment with whipping but in these cases, the courts already
have the discretion to choose.
In an exclusive interview with Bernama, the minister said the term
‘mandatory’ in reference to the 11 offences meant that “the courts have
no choice but to impose the death sentence”, adding that with the
proposed changes, the prosecution would still be entitled to appeal if
it felt a certain sentence imposed was not commensurate with the gravity
of the offence committed.
The Bill containing the proposed changes will be discussed in the October sitting of the Dewan Rakyat.
The minister clarified that the proposal to abolish the mandatory
death sentence was not new nor was it done in haste, adding that efforts
began as far back as 2010 during the previous administration and in
2013, a research initiative called ‘The Death Penalty in Malaysia and
the Way Forward’ had recommended that the mandatory death sentence be
abolished.
In this connection, Liew stressed that there was no need for the issue to be politicised.
He said a task force would be established to study the technical
aspects relating to the abolition of the mandatory death sentence, apart
from looking at sentences that would serve as alternatives to the
maximum penalty, and these would comprise penalties which were in
proportion to the crimes committed.
The task force will be composed of representatives of government agencies, academia, civil society and other relevant parties.
“The government is ready to listen to voices from all levels of
society, including minority groups, to ensure that the new law is more
inclusive, holistic and effective,” Liew said, adding that his team
would also provide detailed briefings to the general public. — Bernama - Malay Mail, 18/7/2019
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