07 February 2022 :

Three locals and a China national were sentenced to death by the Sibu High Court on 4 February 2022 after they were found guilty of two drug trafficking charges.
They were Lee Ee Feng, 27, Henry Wong Chun Kiet, 28, Rina Abdullah, 28, and Zhang Hai Ting, 28.
They faced two charges under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which is punishable under Subsection 39B(2) of the same act, read together with Section 34 of the Penal Code.
The Section provides for a death penalty or jail for life. If the accused are not sentenced to death, they would be whipped not less than 15 strokes.
They were also found guilty of six drug possession charges under Section 12(2) of Dangerous Drugs Act 1952 which is punishable under Section 12(3) of the same Act, read together with Section 34 of the Penal Code.
The section provides for a fine not exceeding RM100,000 or maximum five years’ jail or both upon conviction.
In passing the sentence, Judge Dr Lim Hock Leng said the prosecution had proven the case beyond reasonable doubt.
He said the identity and weight of the drugs, actual possession and common intention had been established.
He thus sentenced the four accused to death for the two drug trafficking charges under Section 39B(1)(a) of the Dangerous Drugs Act 1952.
For drug possession charges, they were sentenced to between one year and three years’ jail – to run concurrently.
The accused were arrested at 11.45am on July 13, 2019 after a police team raided a house at Lorong Wong King Huo.
Based on the news report, the arrest led to the seizure of various types of drugs worth about RM229,410.
Meanwhile, the accused were represented by Jacob Wong and Augustine Liom.
Deputy public prosecutors Yong Suk Hui, Rex Heng Yi Min and Mohammed Ali Hussein prosecuted the case.

19 October 2022 :

A mechanic who became paralysed from the waist down while in prison has escaped the gallows for drug trafficking committed in Malaysia three years ago, Free Malaysia Today reported on 19 October 2022.
In allowing the appeal by wheelchair-bound Ben Khaled Abd Molok, a three-member Court of Appeal bench chaired by Justice Kamaludin Said said the conviction should be set aside as there was a miscarriage of justice.
Kamaludin, who sat with Justices Ahmad Nasfy Yasin and Hashim Hamzah, said there was misdirection by the trial judge in not considering the prosecution’s failure to secure the attendance of a material witness when Ben, 42, was asked to enter his defence.
“This is a grave misdirection that occasioned a miscarriage of justice,” he said.
The prosecution had offered the witness, identified as Joey, but the police did not take steps to locate him.
Two years ago, the High Court sentenced Ben to death after he was found guilty of trafficking 104.74g of methamphetamine, widely known as syabu.
Under the Dangerous Drugs Act 1952, one is presumed to be a trafficker if in possession of 50gm or more of syabu.
Ben is said to have committed the offence in front of a car workshop at an industrial site in Sri Damansara, Kuala Lumpur, at 4pm on 12 February 2019.
He was also sentenced to three years’ jail and ordered to be given three strokes of the rotan for possessing 10.53gm of the same drugs at the same place and time.
However, he withdrew the appeal against the jail sentence today as he had served enough time in prison.
Ben said he was diagnosed with tuberculosis in February which had affected his spinal cord, rendering him immobile.
“Other prison cell mates help me move around on a wheelchair and assist me when going to the toilet or taking my bath,” he told FMT after the proceedings.
Though technically freed, Ben was taken back to prison as he had yet to be whipped.
His lawyer, Afifudin Ahmad Hafifi, said Ben cannot be exempted from his sentence of whipping unless a prison doctor certifies him unfit at the time the punishment is to be executed.
“If he is unfit, Section 291 of the Criminal Procedure Code allows the trial court to substitute the whipping with a jail term,” said Afifudin, who was assisted by Hafizuddin Salehuddin.
Deputy public prosecutor Eyu Ghim Siang prosecuted.

02 October 2022 :

A former bird’s nest seller has been freed of the death penalty as the Court of Appeal in Putrajaya set aside his conviction and sentence on two drug trafficking charges, Free Malaysia Today reported on 30 September 2022.
The court held that there was merit in Tan Chen Xing’s appeal and that his conviction could not safely be upheld as the High Court judge did not make comprehensive findings on the evidence.
Tan had been convicted of trafficking in 361gm of ketamine and 156gm of methamphetamine. He was also convicted and sentenced to jail on two other charges of having 0.06gm of nimetazepam and 299gm of phenazepam without a valid licence.
Tan was alleged to have committed the offences at an apartment in Lebuh Minden 1, Gelugor, Penang, on Nov 10, 2016.
He had been found guilty by the High Court in Penang and sentenced to death for trafficking, two years’ jail for possessing nimetazepam, and one year for possessing phenazepam.
Tan’s lawyer Hussaini Abdul Rashid argued that the High Court judge failed to consider that there were five people living at the apartment and that his client was not the only person who had access to the apartment.
He said Tan lived in the third room and not in the first room where the drugs were found.
Hussaini said his client will have to go back to prison to receive 10 strokes of the cane before he could be released, as he was sentenced to five years in jail and 10 strokes of the cane by a Sessions Court after he pleaded guilty to possessing drugs in his pocket.
He said Tan had completed serving his jail sentence but had not yet received the whipping.
The Court of Appeal panel comprised appeal judges Kamaludin Md Said and Ahmad Nasfy Yasin and High Court judge Mohamed Zaini Mazlan.
Deputy public prosecutors K Mangai and Khairul Aisamuddin Abdul Rahman appeared for the prosecution.

22 June 2022 :

A couple sentenced to death in Malaysia three years ago for trafficking about 5kg of ganja were spared the gallows on 22 June 2022.
Their lawyers told a three-member Court of Appeal bench chaired by judge Hanipah Farikullah a joint representation made to the Attorney-General’s Chambers last month had been accepted.
The prosecution confirmed this, but details of the representation were not revealed in court.
Hanipah, who sat with judges Ahmad Nasfy Yasin and Nordin Hasan, then freed K Kavitha, 42. Her husband, S Jagatheson, 44, had his charge reduced to possession and was jailed for 15 years and ordered to be given 10 strokes of the rotan.
Lawyer P Thaneswaran, who appeared for Jagatheson, said in mitigation that his client had suffered enough as he was separated from his two young children.
Kavitha was represented by lawyer R Subash.
The couple were charged with trafficking 4,966.6gm of ganja at a house in Pangsa Pulai Utama, Johor Bahru, on 19 April 2016.
The High Court sentenced them to death on 18 March 2019 after finding them guilty of the charge.

09 November 2022 :

The High Court of Seremban, Malaysia, found a 24-year-old man guilty of killing a dental technologist four years ago and gave him the death penalty on 27 October 2022, Bernama reported.
Abdul Malik Rosli received the punishment after Judge Azizul Azmi Adnan determined that the defence had failed to present any legitimate objections to the prosecution’s case.
The judge said he had carefully considered the defence’s evidence and come to the conclusion that the prosecution had made a case in accordance with Section 302 of the Penal Code
On 19 January 2018, at roughly 1:40 am, Abdul Malik was accused of killing Mahussin Abdul Rahim, 28, who was found dead on the fourth floor of the Lukut health quarters in Port Dickson.
Mahussin’s body was discovered by his friend 72 hours after he was reported missing when he failed to turn up for work on 22 January 2018.
Husni Fairos Ramli, a deputy public prosecutor, emphasised that murder is a serious offence and urged the court to consider the public interest to serve as a warning to others.
“According to the facts of the case, the crime was premeditated and the accused even took the victim’s belongings and beat him with items from the deceased’s house,” he said.
It was not a premeditated act, according to the accused’s lawyer Haniff Hasan, who also requested the court to consider the accused’s background. Instead, he claimed that his client lost control due to emotional stress.
“He was 20 years old at the time, still and with no steady job, and came from a poor family. His family was not present today because they could not afford to come to court,” he said.
Haniff said the defence will appeal the decision.

22 December 2022 :

Mulling a review of the criminal justice system in the country, Malaysia may do away with the mandatory death penalty in the coming months, a minister said on 21 December 2022.
Azalina Othman Said, the newly appointed law and institutional reform minister, said in a statement that the unity government will introduce amendments to the law that carries a mandatory death sentence when the parliament meets in February.
The amendments will propose alternative sentences to death sentencing, the minister said.
If passed by the parliament, it will affect the cases of 1,327 prisoners on death row.
“They would receive alternative sentences,” said Azalina.
“For others who have not been charged, alternative punishments to the death penalty can be enforced.
“I would like to emphasize that the amendments do not abolish the death penalty entirely but give discretion to the courts to decide on an appropriate punishment,” Azalina said.
She said: “Focus will be given to punishment based on rehabilitative and restorative justice.”
The unity government is led by Prime Minister Anwar Ibrahim and commands a strong position in the parliament, locally known as Dewan Rakyat.

06 October 2022 :

The Malaysian government on October 6, 2022 introduced amendments to existing legislation in Parliament to replace the mandatory death penalty for several criminal offences, in a significant step towards bringing the country closer towards complete abolition of capital punishment.
Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar had earlier tabled a slew of government Bills relating to the abolishment of the death penalty for their first reading in Dewan Rakyat.
The Bills were the Penal Code (Amendment) Bill 2022, the Criminal Procedure Code (Amendment) Bill 2022, Kidnapping (Amendment) Bill 2022, Criminal Justice (Amendment) Bill 2022, Arms (Amendment) Bill 2022, Firearms (Increased Penalties) (Amendment) Bill 2022 and the Dangerous Drugs (Amendment) Bill 2022.
The second reading of the Bills is expected to take place in the current Parliament sitting from October 3 to November 29.
On June 8, the government agreed in principle to abolish the mandatory death penalty and to substitute it with other sentences which are subject to the discretion of the court.
In August 2019, the Pakatan Harapan (PH) administration formed the Special Committee to Review Alternative Punishments to the Mandatory Death Penalty to examine alternatives to the mandatory death sentence.
The PH government, however, collapsed in February 2020, before the Bill for the abolition of the death penalty could be tabled in the March meeting of Parliament that year.

15 September 2022 :

The Malaysian government has decided to replace the mandatory death penalty with other types of punishment for a number of offences, said the Minister in the Prime Minister’s Department Wan Junaidi Tuanku Jaafar on 14 September 2022. 
Dr Wan Junaidi said in a statement that the decision was made after two series of meetings on 6 Sep and 14 Sep.
The meetings were held by a task force that he had chaired, referred to as the Substitute Sentences for the Mandatory Death Penalty Task Force Technical Committee.
According to the Bernama news agency, the government has agreed in principle to a proposal to substitute the sentences for 11 offences that carry the mandatory death penalty.
This includes one under Section 39B of the Dangerous Drugs Act, as well as 22 other offences that carry a potential death sentence at the court's discretion, said Dr Wan Junaidi. 
Section 39B of the Dangerous Drugs Act pertains to drug trafficking.
Dr Wan Junaidi also announced a moratorium for 1,337 inmates who had previously been sentenced to death.
The decision will be submitted to the Cabinet to be tabled at a meeting for approval. The first reading of the Bill is expected on 4 Oct and the second reading is expected on 22 Nov. 
In June, Dr Wan Junaidi said that the Malaysian government had agreed to abolish the mandatory death penalty, and that it would be replaced by other types of punishment at the court's discretion. 
This decision was reached following the presentation of a report on the study of alternative sentences to the mandatory death penalty during a Cabinet meeting on 8 Jun.
According to Amnesty International, the death penalty is currently mandatory or a sentencing option for 33 offences in Malaysia.
Crimes punishable by death in the country include murder, drug trafficking, terrorism, kidnapping and the possession of firearms.

21 June 2022 :

The lives of nearly 1,350 death-row inmates are hanging in the balance in the prisons of Malaysia.
With a moratorium on executions, they are in limbo, not knowing when their sentences will be carried, or if their lives will be spared, as laws to abolish the mandatory death penalty remain unsettled.
“I have discussed this (those on death row due to the moratorium on death sentences) with the Attorney General’s Chambers in early May,” said Datuk Seri Dr Wan Junaidi Tuanku Jaafar.
“It will require a lot of amendments to several laws such as the Penal Code, Dangerous Drugs Act and Criminal Procedure Code.
“There is also the consideration on what the alternative punishments can be,” said the Minister in the Prime Minister’s Department in charge of Parliament and Law.
“I will have to communicate with all relevant parties to settle all these matters first,” he said during a recent interview with the media in Putrajaya.
As of February this year, there were a total of 1,341 inmates on death row, based on figures given by the Prime Minister’s Department in a response to a written reply in Parliament.
Of this, 62.3% or 835 were Malaysians and 506 or 37.7% were foreigners coming from 40 countries.
A total of 905 cases involved mandatory death sentences for drug trafficking while 403 were for those convicted of murder.

13 June 2022 :

Malaysia’s government has agreed to abolish the mandatory death penalty and to substitute it with other sentences which are subject to the discretion of the court.
Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Dr Wan Junaidi Tuanku Jaafar said the decision was reached after he presented the Report on Substitute Sentences for the Mandatory Death Penalty at the Cabinet meeting on 8 June.
“The government has also agreed in principle to accept and take note of the recommendations made by the Special Committee on Substitute Sentences for the Mandatory Death Penalty as explained in the report,” he said in a statement on 10 June.
The Committee is led by former Chief Justice Tun Richard Malanjum and comprises legal experts such as a former chief judge of Malaya, a former solicitor-general, legal practitioners, a law lecturer and a criminologist.
Wan Junaidi said the Cabinet also agreed that further study be carried out on the proposed substitute sentence for 11 offences carrying the mandatory death penalty, one of which is under Section 39B of the Dangerous Drugs Act 1952 (Act 234) and 22 offences carrying the death penalty but with the discretion of the court.
Wan Junaidi said the study would be carried out in collaboration with the Attorney-General’s Chambers, the Legal Affairs Division of the Prime Minister’s Department and other relevant ministries and departments.
He said the move was highly significant to ensure that all amendments to the relevant laws would take into account the principles of proportionality and constitutionality of any proposal made to the government later.
The minister said the government will also carry out a feasibility study on the direction of the criminal justice system in the country, such as having pre-sentencing procedures, a sentencing council and a sentencing guideline.
Also to be studied is the setting up of a Law Commission, Prison Reform and the execution of sentences based on restorative justice.
“The decision on this matter shows the government’s emphasis on ensuring the rights of all parties are protected and guaranteed, thus reflecting the transparency of the country’s leadership in improving the country's criminal justice system,” he said.
Wan Junaidi added that the government had also expressed appreciation for the commitment given by the committee in producing the report which will be the basis for a more systematic and effective change in the country’s criminal justice system.
According to a Parliamentary written reply in February 2022, there are currently 1,341 people on death row in Malaysia, with 905 of the cases involving mandatory death sentences for drug trafficking. 

12 April 2022 :

A 22-year-old woman escaped the death penalty in Malaysia on 10 April 2022, when the Muar High Court ordered her to be jailed for a period until pardoned by the Sultan of Johor, after she was found guilty of killing her husband five years ago.
Judicial Commissioner Awang Armadajaya Awang Mahmud came to the decision after finding that the defence had failed to raise reasonable doubts against the prosecution’s case.
The woman was charged under Section 302 with killing her husband, Mohd Firdaus Md Sallehuddin, 28, at a house on Jalan Indah 6, Taman Pertama Indah, Sungai Abong, Muar, at about 1.30 pm, 14 October 2017.
However, Awang Armadajaya in his judgment said, as the woman was a minor when the offence was committed, she could not be sentenced to death, but rather jailed for a period until pardoned by the Sultan.
“Because on the date of the incident you were 17 years 11 months and 10 days old, you still were defined as a minor under the Child Act 2001,” he said, adding that she could appeal to the Pardon’s Board and the Sultan of Johor for commutation of the sentence.
“If you were an adult (at the time), I would have had to impose the death penalty. Thank God you are saved from the death penalty. I pray that you lead a better life after this and bring benefit to your family and the society. I have heard your lawyer’s appeal stating that your life has been full of sorrow”, he said.
Based on the facts of the case, the woman stabbed her husband - a poultry shop assistant - with a vegetable knife at the residence of the latter’s employer, in the incident that occurred about five months into their marriage.
During the course of the trial which began in 2017, seven prosecution witnesses and two defence witnesses - the offender and her stepfather - were called to testify.
The prosecution was conducted by deputy public prosecutors Muhammad Azfar Mahmod and Mustaqim Sukarno while lawyer Yoong How Kiat represented the accused.