PUTRAJAYA today caved in to public pressure and will return full discretion to judges to mete out the death sentence to drug traffickers.

Minister in the Prime Minister’s Department Azalina Othman Said said in a statement today the government will amend a controversial clause in the Dangerous Drugs Bill (Amendment) 2017.

“The government will carry out an amendment at the committee stage to Section 39B of Act 234 (Dangerous Drugs Act) to give full discretion to the judiciary,” she said. 

The Dewan Rakyat secretary has been notified about the amendment to the bill, which is expected to be tabled for second reading tomorrow, she said.

A clause in the original bill, tabled last Thursday, gave unprecedented powers to public prosecutors to issue a written certification to convicted drug traffickers who helped enforcement authorities to disrupt drug distribution activities within or outside of Malaysia. 

Judges could then decide whether to spare these convicts the mandatory death penalty. 

However, the judges would have no choice but to mete out the mandatory death sentence to convicts without a written certificate from prosecutors.

Various parties, including the Malaysian Bar, opposition MPs and human rights group Malaysians Against Death Penalty and Torture, have criticised the controversial clause over the past week, saying that it interferes with the judges’ sentencing power.

Azalina said the decision to amend the bill was made after taking into account the views and suggestions of all stakeholders to the government.

“This amendment demonstrates the government’s openness, especially the prime minister who always listens to views from various parties to ensure every policy decision is made inclusively,” she said.

Attorney-General Mohamed Apandi Ali blamed the cabinet today for adding the caveat to give prosecutors the power to issue a written certification to convicted drug traffickers.

“My initial proposal was to give discretion to judges, that is, to pass a death sentence or otherwise. That was my principal advice.

“The certification (by public prosecutors) is another policy matter by the cabinet… I don’t have a say in it,” Malaysiakini reported him as saying. – November 29, 2017.