DISCHARGING clemency by abolishing the mandatory death penalty for murderers may cause more trauma to the victims’ families, Gerakan Pembela Ummah said.

Its spokesman, Aminuddin Yahaya, told The Malaysian Insight the abolition of the mandatory death penalty is unfair to the families of victims, despite judges having the discretion to impose capital punishment in exceptional cases.

“They lost their loved ones in a cruel manner. They were murdered, some were mutilated, burned, chopped into pieces, let alone those who were raped before they were killed mercilessly,” he said.

“Now we want their lives to be spared after what they have done. How can this be fair to the victims’ families? How would they feel if they see the child killers walk free after serving 20 to 30 years behind bars.”

The Dewan Rakyat last week voted to remove the mandatory death penalty provision, which could spare more than 1,300 prisoners on death row. Lawmakers voted to remove the death penalty as the mandatory sentence for 11 serious crimes, including murder and terrorism.

Judges, however, will retain discretion to impose capital punishment in exceptional cases.

Courts will now hand down life imprisonment sentences of up to 40 years, or corporal punishment such as caning.

Malaysia has had a moratorium on hanging since 2018.

The previous government led by Ismail Sabri Yaakob also proposed last year to abolish the mandatory death penalty, but the move was scuppered after parliament was dissolved to make way for a general election.

On judges’ discretion, Aminuddin believed most of them would not hand convicted criminals the death penalty.

He said judges have been “brainwashed” not to hand down the punishment.

“Judges have been slowly indoctrinated (not to order the death penalty) in serious cases,” he said.

“Although they are allowed to use their own discretion, I believe they won’t use it.

“If one is sentenced to 40 years’ jail, the maximum he will serve is 20 years with good behaviour and maybe parole and other avenues.

“Of course, the family will be thankful their son is alive. But how about the victims’ families? Will they be happy or thankful or satisfied with the judgment? I don’t think so.”

There are currently 34 offences under the law that imposes the death sentence, which is mandatory for 11 of them.

Aminuddin said murder cases in the country may increase as people are no longer afraid to commit the crime.

“Criminals won’t be afraid anymore because they know, even if they murder someone, the most they will get is jail term, not the death penalty,” he said.

“So, what can stop criminals from becoming more brutal? The death penalty, at least, shows that there is serious repercussion if you commit such a crime here.”

Families still suffer

Meanwhile, expressing her displeasure is Erni Dekritawati Yuliana, the oldest daughter of murdered cosmetic mogul Sosilawati Lawiya.

Sosilawati, 47; her lawyer Ahmad Kamil Abdul Karim, 32; her driver Kamaruddin Shamsuddin, 44; and bank officer Noorhisham Mohamad, 38; were murdered in 2010.

All four were beaten to death by Sosilawati’s former lawyer and two farm hands, before their bodies were burned to ashes.

“It is so unfair to the families of (murder) victims to abolish the mandatory death penalty,” said Erni, better known as Rita.

She said those who commit such heinous crimes should be punished severely.

“I don’t agree with the abolition of the mandatory death penalty. Anyone with similar experience would not agree with this decision,” she said.

“Only we felt the grief, pain, misery and trauma of losing a loved one. No one could ever understand that pain.”

Richard Morais, who lost his brother, deputy public prosecutor Anthony Kevin Morais, nine years ago, was extremely saddened by the decision.

“How can I forgive the murderer based on what I had to go through?” he asked.

“They (the government) never contacted us and never involved us in any discussion before passing this bill.

“No direct compensation. Not a penny was given by the government for Kevin’s funeral. They are not smart about this and what they are doing is not fair.” – April 11, 2023.