Bid to stay execution pending possible changes to drug Act

Hanging is irreversible, so my client would lose his chance at life if he is executed before the amendment is made.

Ramkarpal Singh

PUTRAJAYA: A death row inmate has filed for a stay of his execution, pending a possible amendment that would remove the mandatory death penalty for drug traffickers.

In the first such case of its kind, Iranian Hamidreza Farahmand Hassan, 43, made the application to the Federal Court through his lawyer Ramkarpal Singh.

The application was made under Rule 137 of the Rules of the Federal Court 1995, which gives the court inherent power to remedy an injustice.

Hamidreza, a father of two, is banking on a recent statement by Minister in the Prime Minister's Department Datuk Seri Azalina Othman Said in Parliament that the Cabinet unanimously agreed to amend Section 39B of the Dangerous Drugs Act (1952).

On March 1, the Cabinet decided that the Act should grant a trial judge the right to hand down alternative penalties instead of the mandatory death sentence, such as jail terms.

Speaking to reporters at the court complex here, Ramkarpal said there was a possibility that the amendment could affect drug trafficking cases retrospectively.

“We believe this qualifies as special circumstance to grant a stay.

“Hanging is irreversible, so my client would lose his chance at life if he is executed before the amendment is made,” he said.

Ramkarpal said his firm would make similar applications for its other clients on death row soon.

Hamidreza, a kickboxing coach, was charged with trafficking 1,441g of methamphetamine through the Kuala Lumpur International Airport on Feb 2, 2010.

He was found guilty and sentenced to death by the Shah Alam High Court on May 15, 2014.

The Court of Appeal affirmed the decision on Feb 15, 2015, followed by the Federal Court on Aug 8, 2016.

After exhausting his legal avenues, Hamidreza filed a letter of clemency with the Pardons Board on Oct 9.