Move to allow judges discretion in mandatory death cases

Government to amend the Dangerous Drugs Act so that judges have a choice in sentencing, other than the death sentence, in drug trafficking cases.

KUALA LUMPUR: The Dangerous Drugs Act 1952 is to be amended to enable judges to use their discretion in meting out sentences, the Dewan Rakyat was told.

This means judges would not have to impose the mandatory death sentence for certain cases under the Act, as is the case now.

The Star quoted Minister in the Prime Minister’s Department Azalina Othman Said as saying: “The Cabinet has agreed to an amendment to Section 39(B) of the Dangerous Drugs Act 1952 to include an additional clause to provide discretionary powers to the courts when sentencing, apart from the mandatory death penalty, for drug trafficking.”

The Sun daily quoted her as saying: “This is especially for cases where it is more reasonable for the offender to be given a jail sentence but the existing provisions do not allow for the judge to mete out punishment other than the death sentence.”

Azalina said this in winding up the debate on the motion of thanks on the Royal Address.

According to The Sun daily, Azalina, the de facto law minister, said the Cabinet had come to the decision after a comprehensive study on the death penalty was tabled by Attorney-General Apandi Ali during the Cabinet meeting on March 1.

Azalina said the relevant ministry and agencies would prepare a Cabinet ministers memorandum together with a recommendation to amend the Act for the consideration and approval of the Cabinet.

To a question from Gobind Singh Deo (DAP-Puchong) if a moratorium could be placed on pending cases, Azalina said it was too soon to say as the matter was still at an early stage.

Azalina said according to Prison Department statistics, there were almost 800 prisoners on death row for drug trafficking offences. -FMT