Further amendments to drug Act

Bid to reduce powers of public prosecutor in Dangerous Drugs Act

THE Government wants to further amend the Dangerous Drugs Act to provide discretionary powers solely to the courts instead of the public prosecutor.

Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said said amendment to Section 39B(2A)(d) would be brought to the Parliament’s committee stage.

It is understood that the proposed amendment to that section is to remove the words “the public prosecutor certifies in writing to the court that in his determination”.

The earlier amendment, which was tabled for first reading last Thursday, reads: “the public prosecutor certifies in writing to the Court that in his determination, the person convicted has assisted an enforcement agency in disrupting drug trafficking activities within or outside Malaysia.”

This particular proposal received flak from many quarters, with Opposition lawmakers alleging that it gives the public prosecutor the authority to exercise discretion, instead of giving it to the Courts.

Azalina said with the new pro- posal, the courts could decide if a convicted person has helped enforcement agencies to shut down drug operations inside or outside of Malaysia.

“The proposed amendments were drafted in detail and took into account the Government’s main intention to provide a clear message of prevention and increase the effectiveness of operations by enforcement agencies in curbing the drug menace in the country,” she said in a statement yesterday.

Azalina said the suggested changes also give weight to the views and proposals by stakeholders.

“It shows the openness of the Government, especially the Prime Minister, who is always listening to various views to ensure every policy decision is inclusive,” she said.

Azalina said a notice had been given to the Dewan Rakyat secretary to inform of the amendments.

The amendments to the Act are expected to be tabled for second reading today.

In the first reading of the Bill, the Government had proposed to revert to the original position of the Dangerous Drugs Act 1952, which allows the courts to mete out a punishment of either death or life imprisonment with whipping.

In a 1983 amendment, the judicial discretion was removed from the original Act to provide only a mandatory death penalty for any person convicted of trafficking in dangerous drugs.

Section 39B was first introduced in 1975.

Under the current Act, any person convicted of trafficking shall be punished with death under Section 39B.