Fixed 30-year jail term to punish drug traffickers should be maintained, say lawyers
PUTRAJAYA : Two lawyers have cautioned against amending the current sentencing framework that permits judges to impose a fixed, lengthy prison term on drug traffickers in place of the death penalty, arguing that the offence represents the number one menace to society.
They said the discretion to impose shorter jail terms for traffickers could lead to legal inconsistencies, since drug possession already carries a mandatory minimum sentence upon conviction.
Lawyer N Sivananthan said the law was amended two years ago to allow judges the option of imposing either the death penalty or a 30-year jail term for trafficking offences.
The amendment also provides for men below the age of 50 years to be given a minimum 12 strokes of the rotan.
'The 30-year jail term for trafficking should be maintained as drug trafficking is a serious offence and a threat to society. Parliament need not amend the relevant laws,' he said.
The lawyer was commenting after the Federal Court ruled last week that judges had no jurisdiction to impose a shorter jail sentence on drug traffickers as the term of imprisonment is fixed by law.
A three-member panel chaired by Justice Nordin Hassan said the hands of judges were tied as Section 3 of the Criminal Justice Act 1953 deems 'life imprisonment' to be a fixed 30-year jail term.
Nordin's remarks came when dismissing an appeal by Chui Kah Fah, a former car wash attendant, against a sentence for trafficking approximately 7.3kg of methamphetamine.
Sivananthan said the Dangerous Drugs Act 1952 also gave judges the discretion to impose a jail term ranging from a statutory minimum of five years to a maximum of 30 years for those found guilty of drug possession.
'It may lead to an absurdity if the courts are empowered to impose a minimum sentence for both trafficking and possession of drugs,' he said.
The lawyer said traffickers should be grateful whenever judges exercise their discretion and spare their lives.
Lawyer Salim Bashir said the fixed jail term for traffickers was reasonable compared to murderers, who could be kept behind bars for up to 40 years.
'Traffickers only spend 20 years in jail as they get one-third remission for good behaviour while in prison,' said Salim, who is also a former Bar Council president.
He said the fixed jail term could also encourage traffickers to plead guilty in the High Court, which in turn will help the disposal of cases and reduce the number of appeals.
'I believe the trial court will determine the measure of punishment by balancing public interest and the welfare of the accused, given the seriousness of the offence,' he said.
On May 19, deputy prime minister Ahmad Zahid Hamid said drug abuse in Malaysia had reached a critical level and now poses a serious threat to public safety, economic stability, and the country's social structure.
Citing the latest data, he said there were 192,857 drug users and addicts in the country, 61% of whom were aged between 15 and 39 as of last year.
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