6 sentenced to death for Kevin Morais murder - JUST? Abolition of the Mandatory Death Penalty in Malaysia Should Not Be Delayed Anymore

Media Statement – 17/7/2020

Abolition of the Mandatory Death Penalty in Malaysia Should Not Be Delayed Anymore

Parliament should not take away judges’ power and discretion in sentencing.

MADPET(Malaysians Against Death Penalty and Torture), in light of the recent conviction for murder and the sentencing to death 6 persons to death in the Kevin Morais on 10 July 2020,  reiterates the call for the immediate abolition of the mandatory death penalty, which deprives the trial judge the discretion to sentence persons convicted of murder justly. 

They may be all involved in the murder, but all the 6 may certainly not deserve the same sentence of death.

The person who paid or ordered the murder ought to receive the highest sentence. Maybe the person who did the actual killing deserve a high sentence, but the rest of them, depending on their involvement and participation ought to sentenced accordingly by the judge based on the facts and circumstances of the case.

By imposing a mandatory sentence, Parliament removes the judge’s discretion when it comes to sentencing, which is a power that should be left with the judiciary. The judge now has no choice but to impose the mandatory sentence provided by the law, as enacted by Parliament.

A mandatory death penalty also reduces the possibility of persons charged helping the authorities identify and prosecute the ‘kingpin’, the person who ordered or paid for others to kill the victim; and/or other persons involved in the murder.

In the Altantuya Shaaribuu murder case, for example, there has been allegations that there may be others involved, possibly also someone who ordered or paid the persons who did the actual killing.

Assistance provided by accused persons to help bring others involved in a crime, must be a mitigating factor, which may result in a reduction of sentence – but this is not possible, when for murder in Malaysia, the current law provides just one mandatory sentence – death penalty. As such, mandatory sentences may end up defeating Justice, when it helps other guilty persons evade investigation, prosecution and punishment.

Likewise in the Kevin Morais case, there may be still doubts whether the person who ordered or paid others to kill, or others involved have all been identified, investigated and charged in court. No one wants the guilty to escape.

When there is but one mandatory death penalty, many a accused will elect to be silent until all appeals are exhausted because it matters not since they will still be hanged to death if convicted. Further, there is that possibility that they may be also be subjected to threats to the lives of their loved ones by the persons who ordered or paid them to kill if they do speak up and reveal the truth.

Malaysia must abolish all mandatory sentences, not just the death penalty, and leave it to the judges and the courts to decide on the appropriate sentence for the crime in each and every case. 

It may be acceptable for Parliament to set the maximum sentence. Other than that, we should trust our judges, courts and the judiciary to impose an appropriate and just sentence depending on the facts and circumstances of each individual case, after also taking into consideration all mitigating and aggravating factors. There is, in Malaysia, also the right to 2 appeals, a needed check and balance, that gives the opportunity to higher appellate courts to correct errors made by lower courts, including varying the sentences imposed.

The previous Barisan Nasional government was looking at towards the abolition of the death penalty, which would bring Malaysia in line with the global trend where the death penalty have been abolished. At the end of 2019, 142 countries, which is more than two-thirds, had abolished the death penalty in law or practice  

The immediate past Pakatan Harapan plus government also wanted to abolish the death penalty, and then later they backtracked to just the abolition of the mandatory death penalty. 

Many in the new government since March 2020, who left the previous Pakatan Harapan coalition and/or parties, including current Prime Minister Muhyiddin Yasin, must remember their personal commitment and abolish the mandatory death penalty at the very least.

Every day the mandatory death penalty remains in Malaysian law, everyone who committed the crime of murder, including those being tried today, will be automatically sentenced to death if found guilty. This will impact also current trials, where prosecution and defense lawyers will certainly proceed differently if the sentence for murder was not the mandatory death penalty.

Parliament must respect the Judiciary, and restore sentencing discretion to the courts. All mandatory sentences ought to be abolished.

Mandatory sentences also is a violation of one’s right to a fair trial, as it removes sentencing power of judges, who can and will decide on just and appropriate sentences based on all the facts and circumstances of a particular case, after also considering all mitigating and aggravating factors.

Death penalty has been shown to have failed in deterring crime. It is also irreversible punishment and mistakes can happen. Death penalty also violates the right and best interest of a child when parents and/or siblings are hung to death by the State.

The abolition of the mandatory death penalty will not extinguish the death sentence, which will still be an available sentence for the worst criminal.

Therefore, MADPET 

-          Calls for the speedy abolition of the mandatory death penalty, as the first step towards ultimately a total abolition of the death penalty;

-          Calls on Malaysia to abolish all mandatory sentences in law, and return to judges and courts sentencing discretion for all crimes;

-          Calls on Malaysia to respect the right to a fair trial, whereby a fair trial includes also the sentencing procedure that takes into consideration mitigating and aggravating factors before the court decides on an appropriate just sentence.

-          Calls on the Malaysian Executive and Legislative branch of government to respect the Malaysian Judiciary, and not remove or diminish the Judiciary’s role and function in the administration of justice, which includes trying all alleged law breakers to confirm guilt, and also the imposition of a just sentence; and 

-          Reiterates the call for the total abolition of the death penalty, and a moratorium on all executions pending abolition.

Charles Hector

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

Six sentenced to hang over Kevin Morais murder

By Rahmat Khairulrijal, Khairah N Karim - July 10, 2020 @ 4:03pm

Among those who were relieved by the sentence was Datuk Richard Morais (left), the elder brother of the murdered deputy public prosecutor (DPP); and his fellow comrades present during the proceedings. - NSTP/HAIRUL ANUAR RAHIM

KUALA LUMPUR: The long-awaited justice sought by Datuk Anthony Kevin Morais's family finally arrived today when the High Court here sentenced the murderers to the gallows.

The six accused – Army pathologist Colonel Dr R. Kunaseegaran, 55; R. Dinishwaran, 26; A.K Thinesh Kumar, 25; M. Vishwanath, 28; S. Nimalan 25; and S. Ravi Chandaran, 47; were found guilty of killing Morais on Sept 4, five years ago.

There was an audible sigh of relief from the gallery when High Court judge Datuk Azman Abdullah meted out the sentence.

Among those who were relieved by the sentence was Datuk Richard Morais, the elder brother of the murdered deputy public prosecutor (DPP); and his fellow comrades present during the proceedings.

Richard, who arrived as early as 3pm, sat calmly in the packed public gallery together with the accused's family members, who were also present, awaiting the decision.

Richard, clad in a black and white shirt, could not hold back his tears as he calmly walked into the courtroom.

Azman, in his judgement, said the defence had failed to raise reasonable doubt against the prosecution's case.

"The court finds the (defence) has not succeeded in raising reasonable doubt against the prosecution's case," he said.

Richard, when met after the proceedings, said he was happy with the decision, adding that the prosecution team had done a tremendous job in prosecuting the case.

"I have waited for a very long time to seek justice for my brother… It was crazy.

"Now, I am very relieved that all the accused will face the gallows," he said.

Some of the accused's family members wept as the decision was announced.

The accused, meanwhile, seemed calm in the dock before they were chained together and ushered out of the courtroom after the proceedings.

Deputy public prosecutors Saiful Edris Zainuddin and Wan Shaharuddin Wan Ladin prosecuted the case.

Saiful Edris, when met, said he was happy with the decision as he knew Morais personally, since the former was a magistrate in Perak.

"I feel a little bit emotional, as I had a very good relationship with Morais.

"Everybody seems to forget about this case and focus on other high profile cases… I am here too in solidarity with my friend who lost his life," he said.

A total of 70 prosecution witnesses and 14 defence witnesses, including all the accused, took the stand to testify in the trial which began on April 6, 2016.

All the accused were ordered to enter their defence on Nov 17, 2017.

On Sept 4, 2015, Morais was abducted by several men following a fender bender along Jalan Dutamas Raya Sentul and taken to No. 1 Jalan USJ1/6D, Subang Jaya.

Closed-circuit television footage showed that Morais was grabbed by the accused after he came out of his car to inspect the damage.

On the following day, Richard lodged a missing person's report after he failed to contact his brother and the latter had not reported for work.

Several days later, police found a burnt-out Proton Perdana, with its chassis and engine numbers erased, in a plantation near Hutan Melintang in Perak.

On Sept 16, 2015, Morais's body was found in a drum filled with cement in Subang Jaya, Selangor after one of the seven suspects brought police to the location at Taman Perumahan USJ 1, Persiaran Subang Mewah. - New Straits Times, 10/7/2020