ELEVEN individuals on death row for drug related offences had their death sentence and life imprisonment commuted today under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act.

They are the first batch of inmates that the Federal Court will hear for re-sentencing after the Abolition of Mandatory Death Penalty Act 2023 came into force in July.

Chief Justice Tengku Maimun Tuan Mat led the three-man panel with Chief Judge of Malaya Mohamad Zabidin Mohd Diah and Federal Court judge Nordin Hassan.

Seven death row convicts saw their death sentence substituted with imprisonment of 30 years from the date of their arrests.

Teh Hock Leong, who is the longest-serving death row inmate at 24 years and the first applicant, saw his death sentence commuted to 30 years in jail from the date of his arrest in June 1999.

His lawyer Guok Ngek Seong said Teh should be released at once because of a one-third remission of the sentence for good behaviour.

Two Thai nationals, Ouseng-Same-Ae and Mama Sobri Useng, who have been in prison since 2002 and 2001, respectively, also saw their death sentence replaced with imprisonment of 30 years.

Mohd Salleh Yunos, Wan Mazuki Wan Abdullah, Wan Mohd Azman Hassan and Nazarrimi Sahib also saw their death sentence substituted with life imprisonment.

The court ordered Nazarrimi and Wan Mazuki to be whipped 12 times because they are below the age of 50.

Zulkipli Arshad, Wan Yuriilhami Wan Yaacob, Ghazalee Kasim and Mohamad Junaidi Hussin had their life sentences replaced with 30 years’ jail.

Counsels of the applicants said the men should be freed as they have served between 21 and 24 years in prison.

Attorney General’s Chambers (appellate and trial division) head Mohd Dusuki Mokhtar and his deputy Yusaini Amer Abdul Karim did not object to the applications heard before the court.

The Abolition of Mandatory Death Penalty Act 2023 (Act 846) took effect on July 4 and the Review of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 (Act 847), on September 12.

On April 3, the Dewan Rakyat passed Act 846, which aims to abolish the mandatory death penalty, vary the sentence relating to imprisonment for natural life and whipping, and provide for matters connected therewith.

Under the act, the court has the discretion to impose the death penalty or imprisonment for a period of no fewer than 30 years and up to 40 years, and for those not sentenced to death, a whipping of no fewer than 12 strokes. – November 14, 2023.