Judges to be given discretionary power

KUALA LUMPUR: Drug traffickers may no longer be slapped with the mandatory death penalty if proven guilty as the government will table amendments to the law today in the Dewan Rakyat to return discretionary power to the judges.
While the death penalty remains apex in offences related to drug trafficking, the amendments proposed to the Dangerous Drugs Act 1952 (DDA) will provide guided discretion to the judge to mete out sentences.
The amendments will be tabled by Minister in the Prime Minister's Department Datuk Seri Azalina Othman Said.
It is learnt that the penalties include whipping ranging from 10 to 20 strokes and life imprisonment for drug traffickers instead of a mandatory death penalty.
While being mindful that innocent people should not be hanged, the government is firm in ensuring that kingpins and drug dealers do not take advantage of the amendments by including stipulations that cover all aspects of drug trafficking cases.
Azalina had said that a comprehensive study on death penalty in Malaysia was done by the Attorney-General's Chambers and presented to the Cabinet in March.
The government's bold move was received positively by opposition MPs and NGOs, especially those who are advocating against death penalties.
Under the original provisions of the DDA, the conviction for drug trafficking does not carry a mandatory death penalty but gives the judges discretionary power to mete out a jail term, life sentence or a death penalty.
The law was later amended in 1983 removing the judicial discretion and the trial judge must, after convicting the accused under Section 39B(1), give him the death penalty under Section 39B(2).
Amnesty International has said that this is the first move to abolishing the death penalty once and for all, stating that it is not proven that the death penalty has acted as a deterrent for drug trafficking.
Currently Section 39B provides for trafficking of dangerous drugs.
As of August this year some 800 people are now on death row after being convicted of drug trafficking under this section.
"This is a progressive beginning," Azalina told theSun.