Iranian in bid to postpone death sentence until law amended

PUTRAJAYA: A man on death row yesterday filed an application to postpone its implementation until the provision for the mandatory death sentence for drug traffickers is amended in Parliament.

Hamidreza Farahmand Hassan filed the notice of motion and affidavit to postpone the sentence on him under the Dangerous Drugs Act 1952 until it is amended, giving judges the discretion to impose other sentences besides death under certain circumstances.

The 43-year-old Iranian filed the notice of motion and affidavit through Messrs Karpal Singh & Co at the office of the registrar of the Federal Court here.

According to the notice of motion that was filed, the Malaysian government would amend the Act which provides for a mandatory death-by-hanging sentence for the offence of trafficking drugs and the judge given the discretion to impose an appropriate alternative sentence.

In addition, the Malaysian government had not stated definitely and clearly the decision if the amendment would be effective retrospectively or otherwise, so the possibility that the amendment would be effective retrospectively could not be discounted.

Another reason was that the applicant would be seriously prejudiced if the death sentence was imposed before the amendment was passed by Parliament as the death sentence was irreversible.

If the death sentence on Hamidreza Farahmand was carried out before the amendment was passed by Parliament, he would have lost a very important opportunity for a review of the sentence.

Minister in the Prime Minister’s Department Datuk Seri Azalina Othman has issued a statement that in the cabinet meeting on March 1, 2017, it was agreed to amend Section 39B of the Dangerous Drugs Act 1952 or Act 234, which provides for a mandatory death sentence if found guilty of possessing drugs beyond a certain amount.

Hamidreza Fahmand, was charged with trafficking 1.441 grammes of the drug Methamphetamine seven years ago, committing the offence outside Gate 5 of the International Arrival Hall Level 3, at the KL International Airport (KLIA), Sepang, at 12.05 am on Feb 2, 2010.

The charge under Section 39B(1)(a) of the Dangerous Drugs Act 1952 was read together with Section 34 of the Penal Code, and could be sentenced under Section 39B(2) of the Dangerous Drugs Act 1952, which allows for a mandatory death sentence.

The former professional kick-boxing coach who was represented by counsel Ram Karpal Singh and charged and tried at the Shah Alam High Court, was convicted and sentenced to hanging-till-death by the same court on May 15, 2014.

He then filed an appeal at the Appeals Court against the Shah Alam High Court’s decision, but was rejected on Feb 25, 2015, on the grounds that the conviction and sentence had been confirmed.

The father of two and the sole breadwinner of the family then submitted an appeal at the Appeals Court in the Federal Court, and his application was rejected on Aug 8, 2016.

Following the decision by the Federal Court, on Oct 10, 2017, Hamidreza Farahmand submitted a petition for clemency to the Selangor Pardons Board, but to date, there has been no response to the petition. - Bernama