PETALING JAYA: Does possession of more than 50gm of Methamphetamine justify death? Madpet (Malaysians Against Death Penalty and Torture) posed this question in speaking out against the death sentence passed on an individual in April.
Madpet is appalled that yet another person is sentenced to death for drug trafficking despite the perception that Malaysia has amended the law on drug trafficking abolishing death penalty especially for minor offenders or drug mules, other than the kingpins of drug trafficking, its spokseman Charles Hector said today.
In April 2021, Shahfary Sabri, a widower was sentenced to death by the High Court here after he was found guilty of trafficking 149.5 grams of methamphetamine three years ago.
“In Malaysia, if one is found in possession of 50gm or more in weight of Methamphetamine, he will be presumed under section 37 DDA to be a drug trafficker, under the contrary is proved. If less, he would not be presumed to be a drug trafficker,” Hector said in a statement.
“Dangerous Drugs (Amendment) Act 2017, which provided the new possibility of a sentence other than death for drug trafficking was gazetted in December 2017, and came into force on March 15, 2018. There is no justification for the three months delay in coming into force, as all those who committed the offence before that date will still be subject to the mandatory death penalty.”
Shafary was charged with trafficking the drugs in a hotel room here on Oct 19, 2018, which means that now, there was the possibility of him not being sentenced to death.
“Sadly, media reports did not mention whether the alternative sentence to death was even considered by the courts,” Hector said.
Hundreds in death row despite changed position for minor drug traffickers, he pointed out.
“Sadly, the Dangerous Drugs Act 1952, as amended today, still does not deal with the hundreds still languishing on death row. There must be an Act of Parliament that will commute the death sentences to imprisonment, or even provide for a re-sentencing of those on death row.
“The amended law will also not apply for those who allegedly committed the offence before March 15, 2018, as all of them will still be subject to mandatory death penalty.”
