Allowing judges to retain discretion over the death penalty provides victims and their families with justice

The government’s decision to abolish the country’s mandatory death penalty has drawn various reactions from different groups, including the general public and legal practitioners.

Some people have voiced regret and dissatisfaction with this decision as they desire justice for the brutally murdered victims.

Currently, there are 11 offences that carry a mandatory death penalty, including murder.

In this regard, MCA reiterates our position, that is, even if the mandatory death sentence is abolished, the courts must have the power to impose the death sentence if the judge determines that the perpetrator’s crime justifies capital punishment.

In other words, total abolition of the death sentence should not occur. Instead, discretionary authority to impose the death penalty must be granted to the courts. This grants our judges the authority to exercise discretion based on the particulars of each case.

After committing crimes against the state, offenders must be sentenced with the appropriate punishment rather than be permitted to walk free.

This sentiment is shared by a huge number of the rakyat, especially when there are still unresolved cases involving the loss of life. A prime example is the demise of our firefighter, Muhammad Adib Mohd Kassim.

Also, imagine the feelings of the family of the late Zulfarhan Osman Zulkarnain, a UPNM cadet who was abused to death by his fellow students with a hot iron.

Or the late Kevin Morais, a deputy prosecutor who was abducted, murdered and his body dumped into a sealed barrel.

In fact, many will remember the case of the late Nurin Jazlin, an 8-year -old victim of sexual crimes. The murderer has yet to be found.

Thus, the court should have the discretionary power to impose the death penalty if it is considered that the punishment provides some sort of justice to the victim and closure to the victim's family.

-MCA online-