Source: Free Malaysia Today
PUTRAJAYA: A Fijian woman who is facing a drug trafficking charge today failed in her bid to challenge the legality of the mandatory death sentence for the offence.
A three-member Court of Appeal bench, chaired by Mohtarudin Baki, dismissed Christin Nirmal’s appeal to refer the matter to the Federal Court.
Mohtaruddin did not provide grounds for refusing Christin’s appeal to refer the case to the Federal Court under Section 84 of the Courts of Judicature Act (COJA) 1964.
Christin, 30, is claiming that the 1983 amendment to the Dangerous Drugs Act (DDA) 1952 that removed the judge’s discretion to either impose the capital punishment or jail term was unconstitutional.
BY CHARLES HECTOR
For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
MADPET (Malaysians Against Death Penalty and Torture) notes that despite the fact that the Dangerous Drugs (Amendment) Act 2017 receiving royal assent on 27/12/2017, that effectively abolishes the mandatory death penalty for drug trafficking, the failure of the Minister to do the needful to bring the law into force has resulted in Malaysian judges still having no choice but to sentence convicted drug traffickers to death.
‘…”Since there is only one sentence provided for under Section 39B of the Act, the court hereby sentences all the accused to death,” he [Judge Datuk Ghazali Cha] said….’(The Sun Daily,22/1/2018). Until the new Dangerous Drugs (Amendment) Act 2017 comes into force, Judges continues to have no discretion but to sentence those convicted to death.
BY CHARLES HECTOR, for and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
All 39B(Drug Trafficking) Trials Should Be Suspended until New Law Comes into Force
MADPET(Malaysians Against Death Penalty and Torture) is appalled by the delay of the Dangerous Drugs (Amendment) Act 2017 coming into force which will mean that persons now being convicted by Courts for drug trafficking will still be subjected to the mandatory death penalty and not enjoy the possibility of avoiding the death penalty. The proposed amendment to the law, when it comes into force, will only apply to cases where persons facing trial is yet to be convicted. Therefore, justly all drug trafficking case trials must not continue until the new law is in force. The Minister’s delay has already cost at least 5 persons to be convicted to death.