Death Row Inmates Have Last Chance With Pardons Board Says Federal Court


Chief Judge of Malaya Azhar Mohamed says death sentences have been commuted to life imprisonment and even to lesser terms of imprisonment.PETALING JAYA: Convicts given the mandatory death penalty by judges can still make a final appeal to the Pardons Board, a majority ruling in a recent Federal Court said
Chief Judge of Malaya Azhar Mohamed said in suitable cases, death sentences were commuted to life imprisonment and even to lesser terms of imprisonment
“It will not be out of place to mention here that in order to mitigate the mandatory death sentence, there is provision for review by the Pardons Board,” Azahar said in his 135-page judgment posted in the judiciary’s website
The power of pardon provided for under Article 42 of the Federal Constitution is, however, a prerogative of mercy exclusively vested in the Yang di-Pertuan Agong or ruler of any state in Malaysia
Last week, four appellants – P Pubalan, Peruvian national Jorge Crespo Gomes and South Africans Letitia Bosman and Benjamin William Hawkes – failed in their challenge on the constitutionality of the mandatory death penalty
Their lawyers had argued that judges should be given the discretion whether to impose the death sentence or jail term based on the facts and circumstances of each case
Their counsel said their clients were denied a fair trial because the effect of the mandatory death sentence is that the appellants were deprived of the right to mitigation
Others in the majority were Court of Appeal president Rohana Yusuf, Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim and judges Vernon Ong, Abdul Rahman Sebli, Zaleha Yusof, Zabariah Md Yusof and Hasnah Mohammed Hashim
Nallini Pathmanathan, who dissented, said the mandatory death penalty imposed for drug trafficking and murder was unconstitutional because the right to life and to equal protection in law was violated
Azahar said Parliament has the legislative power to prescribe the punishment for an offence, including prescribing the mandatory death penalty
“On the other hand, the judiciary, having determined the criminal liability of an accused based on the law, has the duty to pass sentence according to law enacted by the legislature,” he said
He said the judiciary cherished the doctrine of separation of powers as all three branches of the government must respect each other’s jurisdiction
“Judiciary must respect the prerogatives of Parliament. Judicial decisions which undermine parliament’s lawful authority would turn the rule of law on its head
“The courts have the duty to uphold the constitution. Judges must restrain themselves and should resist the temptation to encroach into the areas reserved for the other separate branches,” he added
On the merit of the appeal, the majority upheld the death sentence of Bosman and Hawkes for drug trafficking on the grounds that the trial judge did not err in law and facts
Nallini, however, ordered that the case of the two should be sent back to the High Court to decide the capital punishment or jail term
Meanwhile, Gomes escaped the gallows but was sentenced to 10 years’ jail for possessing 779gm of cocaine at KLIA in 2013
Pubalan, a security company proprietor, was also spared the death penalty and instead was jailed 15 years for culpable homicide not amounting to murder
In 2016, the High Court found him guilty for the murder of his brother-in-law, D Murali. - FMT

Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2020/08/death-row-inmates-have-last-chance-with.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+MalaysiansMustKnowTheTruth+%28Malaysians+

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
A Ship Can Only Have One Captain Bersatu To Do Away With Chairman Post In The Future Says Redzuan

A Ship Can Only Have One Captain Bersatu To Do Away With Chairman Post In The Future Says Redzuan

papar berkaitan - pada 10/8/2020 - jumlah : 307 hits
Datuk Seri Mohd Redzuan Md Yusof has confirmed that the leadership of Parti Pribumi Bersatu Malaysia is looking at doing away with the chairman post The Bersatu supreme council member said this decision would likely be made as part of the l...
We Ll Stick With Pn If Bn Umno Remain Says Mic Chief

We Ll Stick With Pn If Bn Umno Remain Says Mic Chief

papar berkaitan - pada 21/8/2020 - jumlah : 248 hits
MIC president S Vigneswaran PETALING JAYA MIC president S Vigneswaran says the party remains committed to being a part of Perikatan Nasional as long as Barisan Nasional and Umno are still in the ruling coalition We know that at the grassroo...
Board Gave Agong Wrong Advice On Full Pardon For Anwar Lawyer Tells Court

Board Gave Agong Wrong Advice On Full Pardon For Anwar Lawyer Tells Court

papar berkaitan - pada 14/8/2020 - jumlah : 332 hits
Judge Akhtar Tahir set Sept 21 for a decision and ordered all parties to file their other arguments if any on or before Aug 21 The High Court here was told today that the Pardons Board had wrongly advised the Yang di Pertuan Agong in granti...
Ph Did Nothing About Sesb Takeover Says Federal Aide

Ph Did Nothing About Sesb Takeover Says Federal Aide

papar berkaitan - pada 22/8/2020 - jumlah : 318 hits
A political tug of war has ensued over Sabah s electricity company KOTA KINABALU Parti Bersatu Sabah is the latest to criticise the Warisan led government over the stalling of the Sabah Electricity Sdn Bhd takeover bid PBS Youth chief Chris...
Can Perikatan Nasional Last With Just 111 Mps

Can Perikatan Nasional Last With Just 111 Mps

papar berkaitan - pada 18/8/2020 - jumlah : 363 hits
After the Perikatan Nasional led government barely managed to pass the Supply Bill 2020 at the Dewan Rakyat today opposition leader Anwar Ibrahim questioned whether such a government can last long He said the passage of the bill with suppor...
Nothing Wrong With Registering Pn As A Future Option Says Bn Sec Gen

Nothing Wrong With Registering Pn As A Future Option Says Bn Sec Gen

papar berkaitan - pada 20/8/2020 - jumlah : 236 hits
Barisan Nasional secretary general Annuar Musa PETALING JAYA Barisan Nasional secretary general Annuar Musa today said the coalition has no qualms about PAS being part of a pro tem committee with PPBM to officially register Perikatan Nasion...
Four Parties Joining Pn Revealed Zahid Says Umno Will Stick With Bn Logo

Four Parties Joining Pn Revealed Zahid Says Umno Will Stick With Bn Logo

papar berkaitan - pada 24/8/2020 - jumlah : 385 hits
SLIM POLLS Four of the five parties that have formally registered to join the Perikatan Nasional coalition have been revealed to be MIC STAR Bersatu and PAS Umno president Ahmad Zahid Hamidi disclosed this during an event in Slim River wher...
Prisons Swell With 16 000 Extra Inmates

Prisons Swell With 16 000 Extra Inmates

papar berkaitan - pada 9/8/2020 - jumlah : 206 hits
A total of 68 000 prisoners are held in Malaysia s prisons a senior official says KAJANG About 68 000 prisoners are currently housed in Malaysia s 42 prisons or about 16 000 more than the total capcity a senior prisons official said Althoug...
Sarawak And Malaysia Can T Afford Escalating O G Disputes

Isu Papan Tanda Aneh Dan Pelik Menteri Wilayah Masih Diam

Coffee Is For Closers The Motivational Phrase From Quot Glengarry Glen Ross

Hopes Of The Chinese For Pn

Orbit Labels The Parent S Choice For Safe And Sanitary Feeding

Leveraging Zero Click Searches

Ibu Bapa Elak Pilih Kasih Dengan Anak Anak

Mara Beli Hartanah Terlebih Nilai Di Uk Australia Meskipun Ditolak Mof


echo '';
Resepi Salad Sayur Rangup dan Berkhasiat

Memahami Fasa Renjatan Elektrik Yang Selamat dan Berbahaya Untuk Manusia

Info Dan Sinopsis Drama Berepisod Lara Kasih Slot Samarinda TV3

Senarai Lagu Tugasan Konsert Minggu 2 Gegar Vaganza 2024 Musim 11

Keputusan Markah Peserta Konsert Minggu 1 Gegar Vaganza 2024 Musim 11


Tips Hartanah Pocket Calculator Cara Mengumpul Deposit Untuk Beli Rumah

Drama Lara Kasih Lakonan Fikry Ibrahim Chacha Maembong

Rose Number One Girl Chord

Cinnamon Rolls Klasik Kini Dengan Lotus Biscoff Dan Set Minuman Terbaharu Dari Cinnabon

Creating A Cozy Farmhouse Look Timeless Decor Tips

Will Artificial Intelligence Disappoint