Mandatory death penalty no more, but accused will be prosecuted to fullest, says Idrus
PETALING JAYA: The Attorney General’s Chambers (AGC) has assured Malaysians that its prosecutors will continue to put up a strong fight in courts despite the mandatory death penalty for certain laws have been abolished.
“It does not mean the AGC will change the way it prosecutes cases and go soft,” said Attorney General Tan Sri Idrus Harun (pic).
He said the AGC’s decision to prosecute, and the manner in which cases are conducted, is based on the facts and available evidence of each case in accordance with the relevant applicable laws.
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“The AGC, through its prosecuting officers, will always endeavour to present its case to the best of its ability on this basis.
“The coming into force of the law abolishing the mandatory death penalty would not be grounds for the AGC to alter its approach to how decisions are made to prosecute and the manner in which it (prosecution) is conducted.
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“It must be noted, however, that the wide discretionary powers for judges to adjudicate on the most appropriate sentence to be passed would only come into play upon the prosecution discharging its duties in proving a case beyond a reasonable doubt,” said Idrus when contacted.
Meanwhile, about 800 death row prisoners will have a long wait ahead before they can apply for re-sentencing despite the abolition of the mandatory death penalty, which came into effect yesterday.
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Although the Abolition of the Mandatory Death Penalty Act 2023 (Act 846) has a date of operation gazetted, the Revision of Sentences of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 (Act 847) does not.
Acts 846 and 847 were passed by Parliament in April.
Flashback: The star’s headline on March 28 this year.
Act 847 cannot be enforced yet because Law and Institutional Reform Minister Datuk Seri Azalina Othman has not set a date of operation for it, her deputy Ramkarpal Singh said in a statement yesterday.
Act 847 received royal consent last month and was gazetted on June 16.
As of May this year, 1,316 prisoners are on death row, of whom 476 have yet to exhaust their judicial process but have been sentenced to death by the High Court or Court of Appeal on appeal.
Under Act 846, 476 prisoners can benefit from alternative sentences on appeal should the judges revoke their death penalty.
When Act 847 comes into effect, the 840 on death row who have exhausted all processes, including 25 whose pardons have been rejected, will also be able to return to the Federal Court to seek a revision of their sentences.
Another 117 who are currently undergoing natural life imprisonment will also be able to return to the Federal Court to seek a revision of their natural life imprisonment, which is now abolished.
Human rights senior lawyer N. Surendran urged the government to ensure that the prisoners already convicted have access to proper legal advice and to the courts.
“They have only 90 days to apply for a revision. There should not be any further delay in enforcing Act 847; they should not be under the shadow of the gallows for any further substantial period,” he said.
Instead of the mandatory death penalty provided in several laws, the Acts provide for a life imprisonment sentence of a minimum of 30 years and not exceeding 40 years, with whipping of at least 12 strokes where such a sentence is provided.
Ramkarpal said that prior to the abolition, there were 11 offences that prescribed the mandatory death penalty.
“For those cases, the death penalty still remains, but the court now has the option of imposing the death penalty or maintaining it if it has been imposed.
“For these offences, there will now also be the option of priosn sentences.
“For offences that did not cause death, we are doing away with the death penalty completely except for three offences: trafficking under the Dangerous Drugs Act 39B and two other offences (Sections 121 and 121A under the Penal Code) against the Yang di-Pertuan Agong.
“The six offences in which the death penalty is abolished completely are Sections 3, 3A and 7 of the Firearms (Increased Penalties) Act 1971, Section 14 of the Arms Act 1960, Section 3 of the Kidnapping Act 1961, and Section 364 of the Penal Code,” said Ramkarpal.
