KUALA LUMPUR: An opposition lawmaker has proposed for judges to be given full discretion in deciding capital punishments for drug convictions.
Ramkarpal Singh (DAP - Bukit Gelugor) said this after submitting two objections to the amendment of the Dangerous Drugs Act 2017 which is due for debate this week.
In his objections, Ramkarpal proposed for the removal of a clause that would allow judges to deliver alternative sentences of life imprisonment only if the prosecution issues a certificate declaring the convict cooperated well with authorities.
He explained that the objections dealt with the amendment that gives the Public Prosecutor the power to exercise his discretion instead of such discretion being given to the courts.
"We need to give the authority back to the courts to allow a life imprisonment sentence instead of the death penalty. In other words, it was to do away the mandatory death sentence which had been in place since 1983.
"However, in the amendments that have been proposed, it states that the Public Prosecutor had to first issue a certificate, and only then can the judge exercise his or her discretion when sentencing the accused," he told a press conference at the Dewan Rakyat here today.
He also filed an objection to the bill which he said did not retrospectively apply to those already on death row.
"Currently there are 700-800 people on death row and all of them have been convicted with this Dangerous Drugs Act, but this bill does not apply to them.
"I hope the Government can seriously consider this as this is not a political matter, but a legal matter that especially involves victims who were made drug mules," he said.
On Aug 7, the Cabinet agreed to allow judges to impose an appropriate penalty on drug traffickers instead of the mandatory death sentence.
Last Thursday, the government proposed to revert to the original position of the Dangerous Drugs Act 1952 which will allow the court to decide a punishment of either death or life imprisonment with whipping.--Reporting by ARFA YUNUS, FERNANDO FONG and VEENA BABULAL.