LAWYERS and those working in prisoner rehabilitation want judges to be granted discretionary powers over the length of jail sentences in lieu of the death penalty when it is abolished.

Prisoner rehabilitation worker Bobby John said judges should be given full discretionary powers to determine whether a sentence is commensurate with the crime, or if a jail term shorter than 30 years is warranted.

“Judges should have a say. If and when they feel that the prisoner has improved and has been rehabilitated, if he or she shows great promise, and if the wardens and officers are all satisfied, then early parole should be allowed,” said the director of Crossroads Malaysia, which conducts monthly lessons and sharing sessions with inmates on death row.

The government’s proposal to replace the death penalty with a minimum 30 years’ jail or life imprisonment is good “for the initial stage”, said John, stressing that he is against the death penalty.

“I’ll give you a case – a gang leader who went in for gun possession and was supposed to die in prison, but the prison officers were impressed with his improvement.

“I sincerely believe that a person can change because I’ve seen many cases like that. In my experience, people have changed for the better. They’ve made a full recovery,” said John, who has worked in rehabilitation programmes for nine years.

Over the weekend, de facto law minister Liew Vui Keong announced that the death penalty will be replaced with a sentence of a minimum 30 years behind bars.

The government intends to make amendments to current laws that carry the death penalty. The offences include drug trafficking, waging war against the Yang di-Pertuan Agong, terrorism, murder, attempted murder during life imprisonment, killing victims during kidnapping, possessing and using firearms, rape leading to death and the rape of minors.

Liew’s proposal of a blanket replacement for the death penalty, however, is drawing concern, as this would add to the number of years an offender has already spent in prison.

Malaysian Care executive director Wong Young Soon said the government should take into account the years already served, such as how royal pardons are granted to death row prisoners.

“For example, one prisoner, who was arrested in 1984 and sentenced to death in 1989 for drug trafficking, had his sentence commuted to life imprisonment by a royal pardon in 1998.

“With 14 years already spent in prison, he was considered to have served over two-thirds of his sentence, and was released early for good behaviour.

“In our 30 years of prison work, we know some prisoners who have been on death row for over 20 years,” said Wong, adding that Malaysian Care has been working with prisoners and ex-convicts since 1981.

Welcoming the proposed abolition of the death sentence, Wong said judges, if given discretionary powers, would consider the years that a convict has served, his or her conduct in prison, as well as other mitigating factors.

“The life sentence can then be reduced, when appropriate.

“We urge the authorities to consider giving death row prisoners a second chance to become useful citizens.”

One rehab worker with a different view is Malaysia Prison Dharma Teaching Association secretary Teng Hong Wee, who said the death penalty is necessary for some crimes.

“The death sentence should not abolished because our society still needs this type of punishment to prevent serious crimes from happening.”

Judges should have discretion to decide on whether to commute a death sentence to jail time, said Teng.

“The judge should have the power to decide. If we don’t have the death sentence, I don’t think prisoners will repent. They’ll just wait for the time when they are released.”

Teng, whose association attends mostly to Buddhist youths convicted of gang-related crimes, who are in 14 prisons, said prior to the death penalty moratorium, convicts could still “hope” for a royal pardon.

“Actually, in our country, even when there is the death sentence, there are more people pardoned than those who are not.

“They still have hope if they show that they have repented. They still have the chance to be pardoned by the Agong.”

Criminal lawyer Rajsurian Pillai is against the automatic commutation of the death penalty to a minimum 30-year prison sentence.

He said should the death penalty be abolished in the current parliamentary session, judges should be granted discretionary powers to decide.

“Judges are in the best position to decide as they are the ones who hear cases from start to finish.

“The minimum 30 years’ jail sentence doesn’t take into account how many years the prisoner has already served waiting for his appeal to be heard.

“And, if a life sentence is meted out, it should take into account the time already spent in jail.”

On whether the death penalty serves as a deterrent, Rajsurian disagreed.

“I am all for the abolition of death penalty. There is no real evidence that it deters heinous crimes. For example, the number of drug traffickers remains very high.

“Also there is always the issue of miscarriages of justice, and mistakes. This is my biggest concern. The problem with the death penalty is that it cannot be reversed once the execution takes place.”

Malaysian Bar president George Varughese yesterday said the death penalty should be commuted to a prison sentence proportionate to the seriousness of the crime, and that mitigating factors and distinctive circumstances must be taken into consideration in each case.

Based on Prisons Department records, up till October 11, there were 932 inmates convicted or sentenced to death under Section 39(B) of the Dangerous Drugs Act.

To date, the number of prisoners facing the death penalty for committing offences under Section 39(B) of the act stands at 1,267.

From 2014 until present, no one on death row has been executed.

The government announced a moratorium on the death penalty on October 10.

If the death penalty is repealed, Malaysia will join 106 countries that have abolished capital punishment. – October 17, 2018.