Death penalty repeal won’t apply to those serving life sentences, says minister


Looi Sue-Chern

Liew Vui Keong reiterated in the Dewan Rakyat today that the death penalty is not an effective deterrent. – The Malaysian Insight pic by Seth Akmal, October 16, 2018.

CONVICTS sentenced to life imprisonment instead of a death sentence will have to complete their term even with the abolishment of the death penalty, de facto law minister Liew Vui Keong said in the Dewan Rakyat today.

The minister in the Prime Minister’s Department, who is also Batu Sapi MP, said a life sentence, which lasts 30 years, would continue to be meted out.

“There will be no retrospective effect for those now serving time… if the jail sentence is for life or 30 years, because this is based on the principles of the law.

“Say if the Pardons Board replaces the death sentence with a prison sentence today, the punishment will be carried out starting today,” he said during question time in the House this morning.

Liew was responding to a supplementary question from P. Kasthuriraani (Batu Kawan-PH) on the death penalty, set to be abolished in Malaysia.

Kasthuriraani had asked about the government’s position on retrospective cases.

She also asked whether the government would consider setting up a fund to help families of murder victims and provide mental support for families of both the victims and perpetrators who have been executed.

Liew said a support fund for victims’ families was a good suggestion.

“The funds can come from sources like fines and forfeited appearance bonds. This will not involve government funds or taxpayers’ money,” he said, adding that mental health support, like counselling for victims’ families, could also be considered by the government.

Earlier, in answering on behalf of the prime minister, Liew told Dr Wee Ka Siong (Ayer Hitam-BN) that the government decided to abolish the death penalty following a study on the punishment and its implementation in Malaysia and abroad.

“The death penalty is not an effective deterrent. Its effectiveness cannot be determined.

“It is also irreversible. We have had cases of innocent people being found guilty of murder, some due to false testimonies.”

He also said abolishing the sentence was part of Promise 27 – which pledged to repeal oppressive laws – of Pakatan Harapan’s manifesto.

Wee, who was a minister in the previous Barisan Nasional adminstration, asked if the decision to abolish the death penalty was a “hurried” one as keeping it could deter serious crimes.

Wee also asked if a parliamentary select committee would be formed to consider all views, including those from victims’ family members.

He said there should be a clause in laws like the Dangerous Drugs Act to allow judges to use their discretion on whether to mete out the death sentence or not.

Liew said 32 offences carried the death sentence – 12 of which were mandatory, while the rest were at the discretion of the judges – who could sentence convicts to life behind bars instead of death by hanging.

“The courts see many drug cases. It means the death penalty has not been effective in curbing drug trafficking.

“Many countries around the world have abolished the death penalty – 142 nations, including the United Kingdom, Germany, Belgium, Denmark and the Philippines. Only 56 nations still have the death penalty.

“We have to take the appropriate action to punish with the life sentence,” Liew said. – October 16, 2018.


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