PETALING JAYA: Malaysia is heading in the "right direction" with the government's decision to abolish the mandatory death sentence with a substitute sentence to be imposed at the discretion of the courts, says social activist Tan Sri Lee Lam Thye.
However, Lee said Putrajaya has to obtain more public feedback when it is studying the proposed substitute sentences.
"There are some against the death penalty and there are some who are for it. Let there be an open discussion about this matter," he said in a statement on Friday (June 10).
Lee also said he had come across many cases where drug traffickers were facing the gallows because the judge could not exercise discretionary powers due to the mandatory death penalty.
"I hope the government will look into this matter and obtain public feedback," he added.
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Lee also said the mandatory drug penalty had not been effective in bringing down drug trafficking cases, with statistics showing many drug mules arrested over the years.
"Most importantly, we must address trafficking by getting to the root cause, which is arresting drug kingpins," he said.
On Friday, de facto law minister Datuk Seri Wan Junaidi Tuanku Jaafar said Putrajaya agreed to abolish the mandatory death penalty with a substitute sentence to be imposed at the discretion of the courts.
The Minister in the Prime Minister's Department (Parliament and Law) said the decision was reached following the presentation of the Report on the Study of Substitute Sentences on Mandatory Death Penalty at the Cabinet meeting on Wednesday (June 8).
Wan Junaidi also said the Cabinet agreed for further scrutiny and study to be carried out on the proposed substitute sentence for 11 offences carrying the mandatory death penalty, one offence under Section 39B of the Dangerous Drugs Act 1952 (Act 234) and 22 offences carrying the death penalty at the discretion of the court.
Wan Junaidi said the study will be carried out in collaboration with the Attorney General's Chambers, the Legal Affairs Division of the Prime Minister's Department and other interested ministries or departments.