This makes it the 7th person, our judges could not exercise his discretion - to sentence to death or sentence him to imprisonment with whipping. The law that abolished the MANDATORY DEATH PENALTY has been passed - the Dangerous Drugs Amendment Act 2017.
But the judges cannot exercise their discretion until the law comes into force - and I wonder why the Minister is still delaying it coming into force. Section 39B(Drug Trafficking) trials should best be stayed and not proceed until this new law comes into force. Once a person is convicted, the new law cannot be used to prevent the mandatory death penalty.
7 is the number of persons who have suffered by reason of the delay - but most probably there are more since not all convictions would get reported by the media..
See earlier posts:-
Court
Nigerian gets death penalty for trafficking drugs
KUCHING: A Nigerian man was sentenced to death by the High Court here
yesterday after being found guilty of trafficking 220 grammes of Syabu.
Judicial Commissioner Dean Wayne Daly made the ruling on Jonas
Chihurumnanya after finding that the latter’s defence had failed to
raise reasonable doubt on his case.
Jonas, who is believed to be a liaison officer for Nigerian students
here, was arrested by police at the parking space of a popular fast-food
restaurant chain at Jalan Canna, here on June 7, 2016.
Clad in a black T-shirt, Jonas, represented by counsels Lim Lian Kee
and Wit Malang, appeared calm when the sentence was delivered.
A total of nine prosecution witnesses appeared during the trial,
while Jonas made a statement under oath when entering his defence.
Jonas was initially jointly charged with another accused, Ifasinachi
Dominic Oguzie, but the latter failed to turn up in court during the
trial and was issued with a warrant of arrest.
Prior to sentencing yesterday, Jonas’ lawyers made an application for
adjournment of the delivery of decision under Section 425 of the
Criminal Procedure Code to recall a witness to give statement.
They said they wanted to recall the female witness, who is a friend of Ifasinachi, to testify again.
Wit said the woman had testified to seeing a disposable diaper
similar to the one used to wrap the drugs found in the car, when both
accused were arrested.
However, DPP Musli Abdul Hamid said the Jonas never mentioned the
woman’s name in his statement and called for the application to be
rejected.
In entering his defence, Jonas said Ifasinachi, also known as Bobby,
had borrowed a car from him to go to a laundromat before returning and
placing the car key in the living room.
Jonas said he later drove the car to a petrol station and then went to the fast-food restaurant where he was arrested by police. - Borneo Post, 30/1/2018
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