25 banduan mohon hak semakan hukuman selepas terima pengampunan
Mereka berhujah pengecualian daripada undang-undang semakan hukuman 2023 menafikan hak banduan yang menerima pengampunan untuk mendapat layanan sama rata.
In a recent development, 25 prisoners who had their death penalty commuted to life imprisonment are seeking permission from the Federal Court to appeal their sentences. Abdul Rashid Ismail, their legal representative, has urged the three-judge panel to refrain from being bound by the Supreme Court's decision made last November. The panel consists of Sabah and Sarawak Chief Justice Azizah Nawawi, Federal Court Judge Rodzariah Bujang, and Azmi Ariffin.
Last year, the five-judge Supreme Court ruled that they lacked the jurisdiction to review the death penalty commutations due to lack of proper grounds, as the prisoners might still have other avenues through the Commission of Enquiry. Rashid argued that the decision failed to consider the Federal Land Tribunal's ruling in 2007, which had already reviewed the death penalty for one of the prisoners, Sulaiman Saidin, who was convicted of drug trafficking in 1996 and sentenced to death.
However, the Land Commission commuted his sentence to 20 years in prison, which Rashid claimed would result in him serving approximately 39 years, considering nearly two decades have already passed. Rashid also argued that the Supreme Court's decision in November created two categories of prisoners. Those who did not receive a pardon could appeal under the Death Penalty and Life Imprisonment Review Act 2023, while those who received a pardon were not allowed to seek review through the courts.
He emphasized that the appeal is not intended to challenge the Commission of Enquiry's decision but to obtain a hearing through a separate legal process. Deputy counsel Yusaini Amer Abdul Karim requested the court to uphold the Supreme Court's decision, while the 25 petitioners, including Sulaiman Saidin, were represented by Khaizan Sharizad Ab Razak, Siti Nurani Zahidi, and YL Yong.
Defense counsel Zain Ibrahim, Solehah Noratikah Ismail, and P Sarulatha joined the prosecution team. The judges' panel has adjourned the decision to a later date to be determined.
Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
