Federal Court allows review applications of convicts

PUTRAJAYA: The Federal Court has commuted the death sentence and natural life imprisonment of 11 prisoners convicted of drug trafficking, under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act.

Seven of the death row inmates, including two Thai nationals, had their death sentences commuted to life imprisonment of 30 years while another four had their natural life imprisonment sentences commuted to life imprisonment of 30 years.

A three-member bench comprising Chief Justice Tengku Maimun Tuan Mat, Chief Judge of Malaya Justice Mohamad Zabidin Mohd Diah and Federal Court judge Justice Nordin Hassan heard the reviews from the 11 inmates and allowed their applications.

They are the first batch of convicts whose review applications were heard by the Federal Court yesterday.

Another 14 review applications will be heard by the Federal Court tomorrow.

The seven prisoners whose death sentences were commuted to life imprisonment were Teh Hock Leong, 52; Mohd Salleh Yunos, 52; Wan Mazuki Wan Abdullah, 46; Wan Mohd Azman Hassan @ Wan Ali, 50; Nazarrimi Sahib, 46; and Thai nationals Ouseng-Same-Ae, 54, and Mama Sobri Useng, 52.

The other four inmates – Zulkipli Arshad, 48; Wan Yuriilhami Wan Yaacob, 60; Ghazalee Kasim, 53; and Mohamad Junaidi Hussin, 52 – were convicted and sentenced to death by separate High Courts for similar offences.

They filed for clemency with the Pardons Board and had their death sentences reduced to natural life.

They then filed the review applications to the Federal Court to have the natural life commuted to life imprisonment.

In yesterday’s proceedings, Attorney General’s Chambers (Appellate and Trial Division) head Datuk Mohd Dusuki Mokhtar and deputy head Datuk Yusaini Amer Abdul Karim did not object to the review applications.

Tengku Maimun ordered all of them to begin their life imprisonment sentences from the date of their arrest.

She also ordered Wan Mazuki and Nazarrimi to be given 12 strokes of the rotan each.

All the 11 prisoners have been detained in prison for between 21 and 24 years.

The review applications were filed under the Revision of the Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 (Act 847) which took effect on Sept 12, conferring the Federal Court with the discretion to review cases involving the death sentence.

This follows the enforcement of another new law – the Abolition of Mandatory Death Penalty Act 2023 – which came into force on July 4 this year.

Under the new law, the mandatory death sentences for offences such as drug trafficking and murder have been removed.

The law gives judges the choice to impose either a death penalty or imprisonment of not less than 30 years but not exceeding 40 years, and if not sentenced to death, shall also be punished with whipping of at least 12 strokes for male convicts below 50 years of age.

The inmates were convicted of trafficking in methamphetamine and cannabis weighing between 93.7g and 50.65kg.