Sultans/YDPs in Pakatan Rakyat States can lead the way by commuting death sentence to imprisonment

If you are caught with a certain amount of drugs - even if you did not know that you were carrying(or had the) drugs - you can end up being charged for an offence of 'drug trafficking' . And at the end of the trial, when you are convicted the judges do not have any choice but to sentence you to death....

39B.  Trafficking in dangerous drug. (DANGEROUS DRUGS ACT 1952)

(1) No person shall, on his own behalf or on behalf of any other person, whether or not such other person is in Malaysia -

(a) traffic in a dangerous drug;
(b) offer to traffic in a dangerous drug; or
(c) do or offer to do an act preparatory to or for the purpose of trafficking in a dangerous drug.

(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence against this Act and shall be punished on conviction with death.

Judges have no option to give another sentence, especially when the accused is really a person not involved in the drug trafficking business but a 'mule' who was conned, or was a person that seem to have been 'set up' by some persons.

Well all someone needs to do really is to put a bag filled with drugs in your car boot without your knowledge, secretly alert the police...who will stop your car - and guess what you will be charged with 'drug trafficking' - and will be required to prove otherwise, and can you do that convincingly? I doubt it - and you go to the gallows...to be killed by Malaysia for 'drug trafficking'.

Don't the prosecution have to prove that I was involved in drug trafficking, as it most criminal cases?

Well, for drugs that are some legal presumptions that apply :

1- If you are found with a certain amount of drugs - then you are involved in drug trafficking

2- If the drugs are found with you, in your house, your car....it is deemed that it is yours, and that you knew it was a dangerous drugs.

Then, the burden shifts to the accused person to prove otherwise - and this is almost impossible, and so many have been killed by the State, and many languish waiting for the day that they will be executed...

For justice, the following need to be done:-

1- Abolish the death penalty

2- Abolish the mandatory death sentence - returning back the decision as to what sentence to impose on the judge hearing the case. [The law, if it wants to can state the maximum and/or minimum sentences - giving judges a discretion when it comes to sentencing]

3- Remove all these legal presumption as to possession, knowledge of the nature of drug, and drug trafficking, etc  - The burden of proving this must always lie with the prosecution just like it is in all other criminal cases..

37.  Presumptions. (DANGEROUS DRUGS ACT 1952)

In all proceedings under this Act or any regulation made thereunder -

....(d) any person who is found to have had in custody or under his control anything whatsoever containing any dangerous drug shall, until the contrary is proved, be deemed to have been in possession of such drug and shall, until the contrary is proved, be deemed to have known the nature of such drug;

(da) any person who is found in possession of -

(i) 15 grammes or more in weight of heroin;
(ii) 15 grammes or more in weight of morphine;
(iii) 15 grammes or more in weight of monoacetylmorphines;
(iiia) a total of 15 grammes or more in weight of heroin, morphine and monoacetylmorphines or a total of 15 grammes or more in weight of any two of the said dangerous drugs;
(iv) 1,000 grammes or more in weight of prepared opium;
(v) 1,000 grammes or more in weight of raw opium;
(va) a total of 1,000 grammes or more in weight of prepared opium and raw opium;
(vi) 200 grammes or more in weight of cannabis,
(vii) 200 grammes or more in weight of cannabis resin;
(viii) a total of 200 grammes or more in weight of cannabis and cannabis resin;
(ix) 40 grammes or more in weight of cocaine;
(x) 2,000 grammes or more in weight of cocoa leaves;
(xi) 50 grammes or more in weight of 2-Amino-1-(2, 5-dimethoxy-4-methyl) phenylpropane;
(xii) 50 grammes or more in weight of Amphetamine;
(xiii) 50 grammes or more in weight of 2, 5-Dimethoxyamphetamine (DMA);
(xiv) 50 grammes or more in weight of Dimethoxybromoamphetamine (DOB);
(xv) 50 grammes or more in weight of 2,5-Dimethoxy-4-ethylamphetamine (DOET);
(xvi) 50 grammes or more in weight of Methamphetamine;
(xvii) 50 grammes or more in weight of 5-Methoxy-3, 4-Methylenedioxyamphetamine (MMDA);
(xviii) 50 grammes or more in weight of Methylenedioxyamphetamine (MDA);
(xix) 50 grammes or more in weight of N-ethyl MDA;
(xx) 50 grammes or more in weight of N-hydroxy MDA;
(xxi) 50 grammes or more in weight of N-methyl-l-(3, 4-methylenedioxyphenyl)-2-butanamine;
(xxii) 50 grammes or more in weight of 3,4-Methylenedioxymethamphetamine (MDMA);
(xxiii) 50 grammes or more in weight of Paramethoxyamphetamine (PMA);
(xxiv) 50 grammes or more in weight of 3,4,5-Trimethoxyamphetamine (3, 4, 5-TMA); or
(xxv) a total of 50 grammes or more in weight of any combination of the dangerous drugs listed in subparagraphs (xi) to (xxiv),

otherwise than in accordance with the authority of this Act or any other written law, shall be presumed, until the contrary is proved, to be trafficking in the said drug ....

How many people have been executed for 'drug trafficking' in Malaysia? How many were real drug traffickers - and how many were stupid ignorant 'mules'? How many were innocents who had drugs planted on them? 

How many are still waiting for the day that they will be hanged? 

Well, there is the power to pardon? This power is with the King and the Sultans....so maybe, for the Pakatan Rakyat States, the Menteri Besar's can advice that all persons awaiting their death sentence be pardoned - their sentence commuted to a life sentence (or maybe a full natural life sentence)

SINGAPORE: Two Malaysians, one of them a woman, were sentenced to death on Friday for drug trafficking.

Pang Siew Fum, 54 and Cheong Chun Yin, 26, were arrested by the city-state’s Central Narcotics Bureau (CNB) officers on June 16, 2008 after they were found to be trafficking a total of 7.7kg of diamorphine.

Local media reported Friday that Cheong arrived at Changi Airport on a SilkAir flight from Myanmar carrying a black trolley luggage bag.

He later met Pang at Terminal 2 and handed her the bag in the carpark before he left in a taxi while Pang drove to Toa Payoh.

CNB officers who had been tailing the pair subsequently arrested them.

About 2.7kg of diamorphine was found in the black bag, and at Pang’s house, officers found another two luggage bags containing about 5kg of diamorphine.

Pang claimed she thought the bag from Cheong contained precious stones and Buddha pendants, while Cheong claimed he thought the bags held gold bars. -- Bernama- Star, 5/2/2010, Death for two Malaysians caught trafficking drugs in Singapore

Well, let us use the power of pardon


42.  Power of pardon, etc. [FEDERAL CONSTITUTION]

(1) The Yang di-Pertuan Agong has power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya; and the Ruler or Yang di- Pertua Negeri of a State has power to grant pardons, reprieves and respites in respect of all other offences committed in his State.

(2) Subject to Clause (10), and without prejudice to any provision of federal law relating to remission of sentences for good conduct or special services, any power conferred by federal or State law to remit, suspend or commute sentences for any offence shall be exercisable by the Yang di-Pertuan Agong if the sentence was passed by a court-martial or by a civil court exercising jurisdiction in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya and, in any other case, shall be exercisable by the Ruler or Yang di-Pertua Negeri of the State in which the offence was committed.

(3) Where an offence was committed wholly or partly outside the Federation or in more than one State or in circumstances which make it doubtful where it was committed, it shall be treated for the purposes of this Article as having been committed in the State in which it was tried. For the purpose of this Clause the Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya, shall each be regarded as a State.

(4) The powers mentioned in this Article -

(a) are, so far as they are exercisable by the Yang di- Pertuan Agong, among functions with respect to which federal law may make provision under Clause (3) of Article 40;

(b) shall so far as they are exercisable by the Ruler or Yang di-Pertua Negeri of a State, be exercised on the advice of a Pardons Board constituted for that State in accordance with Clause (5).

(5) The Pardons Board constituted for each State shall consist of the Attorney General of the Federation, the Chief Minister of the State and not more than three other members, who shall be appointed by the Ruler or Yang di-Pertua Negeri; but the Attorney General may from time to time by instrument in writing delegate his functions as a member of the Board to any other person, and the Ruler or Yang di-Pertua Negeri may appoint any person to exercise temporarily the functions of any member of the Board appointed by him who is absent or unable to act. 

(6) The members of a Pardons Board appointed by the Ruler or Yang di-Pertua Negeri shall be appointed for a term of three years and shall be eligible for reappointment, but may at any time resign from the Board. 

(7) A member of the Legislative Assembly of a State or of the House of Representatives shall not be appointed by the Ruler or Yang di-Pertua Negeri to be a member of a Pardons Board or to exercise temporarily the functions of such a member. 

(8) The Pardons Board shall meet in the presence of the Ruler or Yang di-Pertua Negeri and he shall preside over it. 

(9) Before tendering their advice on any matter a Pardons Board shall consider any written opinion which the Attorney General may have delivered thereon. 

(10) Notwithstanding anything in this Article, the power to grant pardons, reprieves and respites in respect of, or to remit, suspend or commute sentences imposed by any court established under any law regulating Islamic religious affairs in the State of Malacca, Penang, Sabah or Sarawak or the Federal Territories of Kuala Lumpur, Labuan and Putrajaya shall be exercisable by the Yang di-Pertuan Agong as Head of the religion of Islam in the State.

(11) For the purpose of this Article, there shall be constituted a single Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya and the provisions of Clauses (5), (6), (7), (8) and (9) shall apply mutatis mutandis to the Pardons Board under this Clause except that reference to "Ruler or Yang di-Pertua Negeri" shall be construed as reference to the Yang di-Pertuan Agong and reference to "Chief Minister of the State" shall be construed as reference to the Minister responsible for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.

(12) Notwithstanding anything contained in this Constitution, where the powers mentioned in this Article -

(a) are exercisable by the Yang di-Pertua Negeri of a State and are to be exercised in respect of himself or his wife, son or daughter, such powers shall be exercised by the Yang di-Pertuan Agong acting on the advice of the Pardons Board constituted for that State under this Article and which shall be presided over by him;

(b) are to be exercised in respect of the Yang di-Pertuan Agong, the Ruler of a State, or his Consort, as the case may be, such powers shall be exercised by the Conference of Rulers and the following provisions shall apply:

(i) when attending any proceedings under this Clause, the Yang di-Pertuan Agong shall not be accompanied by the Prime Minister and the other Rulers shall not be accompanied by their Menteri-Menteri Besar;

(ii) before arriving at its decision on any matter under this Clause, the Conference of Rulers shall consider any written opinion which the Attorney General may have delivered thereon;

(c) are to be exercised by the Yang di-Pertuan Agong or the Ruler of a State in respect of his son or daughter, as the case may be, such powers shall be exercised by the Ruler of a State nominated by the Conference of Rulers who shall act in accordance with the advice of the relevant Pardons Board constituted under this Article.

(13) For the purpose of paragraphs (b) and (c) of Clause (12), the Yang di-Pertuan Agong or the Ruler of the State concerned, as the case may be, and the Yang di-Pertua-Yang di-Pertua Negeri shall not be members of the Conference of Rulers.