Changes to drugs Act draw mixed reaction

PETALING JAYA: The proposed amendments to the Dangerous Drugs Act 1952 (DDA), which seek to remove the mandatory death penalty for drug trafficking, have been met with mixed reaction.
Although many agreed that the amendments would return discretionary power to the judges, some questioned the rationale to set certain conditions before an offender is allowed to be given a lesser sentencing.
Lawyer and former Bar Council National Legal Aid Committee chairman Ravindran Nekoo said the amendments do not grant discretionary power to judges at all.
"The legislature is basically telling the court that under one circumstance the court can give life imprisonment.
"That cannot be discretion to the court. Courts must be given discretion without any restrictions because the courts will then be able to make a decision. We need to trust the court to make a decision," he told theSun.
Social activist Tan Sri Lee Lam Thye, on the other hand, said that the amendments should be welcomed by all as they would allow judges to exercise their discretionary powers.
He said such reform was important for judges who found that the death penalty was not justifiable in certain cases.
"Of course, it is still an offence but looking at the circumstance of the case the judge may impose a lighter sentence, rather than the death penalty."
The bill, which was tabled by Minister in the Prime Minister's Department Datuk Seri Azalina Othman Said, would make it compulsory for convicts to assist enforcement agencies to escape the noose.
The amendment to Section 39B(2) stated that those involved with drug trafficking "shall be punished on conviction with death or imprisonment for life and shall, if he is not sentenced to death, be punished with whipping of no less than 15 strokes".
However, only those who had obtained a written certification from the public prosecutor would qualify for the lesser punishment.
Lawyer N. Surendran said the amendment bill was a disappointment and cause for grave concern.
Surendran, who is also the PKR's Padang Serai MP, said the new provisions did not entirely remove the mandatory death penalty.
"By virtue of the new section 39B (2A), only those who receive a certificate from the public prosecutor to the effect that they are mere couriers will be spared the death penalty.
"The court still has no option but to sentence to death all those accused persons who are denied the AG's (Attorney-General) certificate."
He added the amendments would mean that the fate of those convicted for drug trafficking lies in the hands of the AG and prosecutors.
Pengasih president Datuk Yunus Pathi believed that the removal of the mandatory death sentence would not make drug traffickers to become less afraid of the law.
"Even in countries that imposed a heavy punishment for drug-related offences, we do not see the reduction of crimes related to drugs," he said.