Sunday, February 11, 2018

Pakatan Harapan, PAS, UMNO-BN,... apathy causes 10 or more to be sentenced to DEATH?

Pakatan Harapan, PAS, UMNO-BN or the other political party just seem to not care...that people are still being sentenced to death - because it is still Mandatory Death Penalty for drug trafficking...and judges have no choice but to sentence people to death, the one available, sentence in law.

Parliament passed the law...and the King have given his 'royal assent' on 27/12/2017 - but why is the UMNO-BN Minister delaying putting the law in force - a simple notice gazetted is all that is required. MADPET issued a media statement on 19/1/2018, and the media carried it...and a 2nd statement later.

'TIDAK PEDULI' - Is this the attitude of our political parties? Well, if it was one of their 'leaders'...well, there would be much 'noise' - but when it is some poor Malaysians or a foreigner being visited with injustice...Not Bothered?

Elections, Seats, PM Candidate, Election Commission,...well that seems to be grabbing their attention. We need politicians and political parties that CARE about the ordinary people and the smaller issues too...not just the big ones like 1MDB, etc

10 persons now, at the very least, have been sentenced to death for drug trafficking simply because Judges still cannot rely on the new law, the Dangerous Drugs Amendment Act 2017, which is still not in force. 

If the new law is in force, the Judge can consider the case, and decide whether to sentence to death or to life imprisonment...

Now, once already convicted, and the new law comes into force is no use for those already convicted, because that law will only apply to persons who have not yet been convicted by the High Court... 

So, for these 10, they have lost the chance to escape the death penalty. The Appeal courts cannot help change the sentence - and, the only way is for the Appeal Court to decide that these persons are not guilty of committing the offence of drug trafficking - and this is very unlikely...So, the 10 will be on death row...and may one day be hanged to death...

All because of the UMNO-BN government's Minister's delay...and the apathy demonstrated by our Opposition political parties..If they raised this issue fast...then, the government may have been forced to put the law into force ...and maybe 5 persons(or more) may not be sentenced to death..

See earlier related post including media statements

Minister’s Delay Resulted in Judge Having No Choice but to Sentence A. Sargunan and 4 others to Death

Don’t let delay in applying new dangerous drugs law take more lives(FMT)

Malaysian is 6th victim because Minister's delay bringing into force law that abolishes mandatory death penalty for drug trafficking?

Judges forced to sentence at least 7 to death because Dangerous Drugs Amendment Act 2017 not in force yet?



Lorry attendant to hang for drug trafficking two years ago

IPOH, Feb 9 — A 30-year-old lorry attendant has been sentenced to death after the High Court here found him guilty of drug trafficking two years ago.

S. Pragasam, who was charged under Section 39B (1)(a) of the Dangerous Drug Act 1952, was found guilty of trafficking 101.2g of heroin and 8.9g of monoacetylmorphine at house number 127, Jalan Pengkalan Barat 32, Taman Puteri Lindungan Bulan in Pasir Puteh on May 11 2016 at about 7.30pm.

Judicial Commissioner Anselm Charles Fernandis also found Pragasam guilty of possessing 36.6g of methamphetamine at the same time and place.

For the second charge, framed under Section 12 (2) of the Dangerous Drug Act 1952, Pragasam was sentenced to eight years jail.
In his oral judgement, Fernandis said the defence had failed to raise doubts over the prosecution case.

“In his defence, the accused said he was at the house to collect a RM2,000 loan from a Thanasilan who had left the house earlier. These are mere denial by the accused,” he said.
“I hereby convict you on both charges,” he added.

Upon hearing this, Pragasam, who was clad in white t-shirt and blue jeans, looked crestfallen.

Defence counsel Rajit Gill immediately applied for stay of execution pending appeal.

Pragasam, who was later sent to Tapah Prison, was charged at the Ipoh magistrate court on May 23 2016 before the case was transferred to High Court in Feb 14 last year.

Deputy Public Prosecutor Kenneth Oon prosecuted.

Prosecution called a total of six witnesses while the defence called three witnesses including the accused.- Malay Mail Online, 9/2/2018

2 friends to hang for trafficking drugs

2 friends to hang for trafficking drugs
THE Kuala Lumpur High Court here sentenced two friends to death by hanging after finding them guilty of trafficking 123.052kg of drugs three years ago.

Judge Azman Abdullah handed down the sentence on Ong Cheng Yaw, 33, and San Kim Huat, 38, after finding that they had failed to raise reasonable doubts against the prosecution’s case.

The prosecution succeeded in establishing its case beyond reasonable doubts on the four charges made against the two men, he said.

Ong, a sales promoter, and San, a nightclub DJ, were jointly charged with trafficking various types of drugs, comprising 95.016kg of methamphetamine, 26.791kg of methylenedioxymethamphetamine (MDMA-ecstasy) and ketamine in 1.245kg.

The offence was committed at a house in Jalan Denai Selatan, Desa Park City, Kepong, at  6.25pm on May 12, 2015.

Ong and San, represented by lawyer Hariharan Tara Singh, were charged under Section 39B(1) of the Dangerous Drugs Act 1952, which provides the mandatory death sentence upon conviction.

Deputy public prosecutor Zalina Awang@Mamat prosecuted in the case. – Bernama, February 8, 2018. - The Malaysian Insight, 8/2/2018

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