By Neil Brian Joseph

Sabah Law Society supports amendment to Drugs Act

KOTA KINABALU: The Sabah Law Society (SLS) has backed the Dewan Rakyat’s recent decision to amend Section 39B of the Dangerous Drugs Act 1952, which originally provided for the mandatory death penalty for drug traffickers, said its president, Brenndon Soh.

The amendment to Section 39B was aimed at giving full discretionary powers to the court.

It would allow the court to determine if the convicted criminal had cooperated with enforcement agencies in curbing drug trafficking activities within or outside Malaysia, and not just based on the written declaration by public prosecutor as stated in the existing law.

“We have always subscribed to the abolishment of the mandatory death penalty. We have come up with official statements to that effect on two grounds.

“One is on the right to life, as a fundamental right under the Federal Constitution,” Brenndon said in a press conference at the opening ceremony of the SLS secretariat yesterday. He contended that the death penalty is not a sufficient deterrent effect.

“Statistics had shown that it is not the real perpetrators who were charged, instead it was the victims of circumstances who were charged.

“The other aspect is that it prevents any opportunity for the convicted to have reform in other situations.

“So, in that basis we applaud the fact that now a decision has been given to the judiciary, as to whether to oppose a mandatory death penalty or not,” he said.

Certain extenuating circumstances may mean that an individual could have the right to turn his or her life around, he said.

Also present was Community Development and Consumer Affairs Minister Datuk Jainab Ahmad Ayid.

“As we have noticed before, even if the punishment for drug trafficking is death, some people would still commit it. They do it because of money ... it can even be considered as ‘business’ for some.

“That is why we need to promote more awareness on this issue,” said Jainab.

She added that some of those who had been convicted of the offence were drug mules or ‘victims of circumstances’.

The war against drugs requires the cooperation of everyone, even the general public, she said.

On a separate note, Jainab said she would be having a meeting with the Malaysia Drug Prevention Association (Pemadam) to discuss the issue of glue sniffing in the state. The decision to amend the Act took 34 years and it was made with the consideration of the public interest and the wellbeing of the Malaysian population.

Meanwhile, Jainab announced that her ministry will donate RM30,000 to the Sabah Law Society.