[Deathpenalty] death penalty news----worldwide

Wed Jan 14 16:05:31 CST 2015

Jan. 14

SINGAPORE:

Apex court sentences man to hang for murder, cancelling reprieve

The highest court of the land has laid down the touchstone for the imposition 
of the death penalty in murder cases where judges have the leeway to spare 
offenders the gallows.

When a murderer clearly demonstrates a "blatant disregard for the sanctity of 
human life" the punishment of death will be appropriate, a 
specially-constituted 5-judge Court of Appeal ruled in a landmark case today 
(Jan 14).

By a 3-2 split decision, the apex court sentenced a Malaysian general worker, 
Jabing Kho, to hang for the 2008 murder of a construction worker, cancelling a 
reprieve that had been handed to the 31-year-old following changes to the death 
penalty regime in 2012.

Kho, who had been sentenced to hang and failed in appealing against the 
decision, escaped the noose in 2013 - he got life in prison with 24 strokes of 
caning - after the changes to the law giving judges sentencing discretion for 
certain murder and drug trafficking offences. His was the 1st case where 
prosecutors had challenged a court's re-sentencing - on the grounds that the 
attack had been extremely vicious - thereby requiring the apex court to set 
down guidelines and principles on how discretion given to judges ought to be 
exercised.

"At the very heart of this appeal lies a critical legal question - for an 
offence of murder where the mandatory death penalty does not apply, in what 
circumstances would the death penalty still be warranted?" the judges wrote, at 
the beginning of their grounds of decision. "This seemingly simple question 
belies a great deal of difficulties and complications, along with the severe 
consequences and implications any answer brings."

They added: "In our judgment, the punishment of death will be appropriate when 
the offender had committed murder in a manner which clearly demonstrates a 
blatant disregard for the sanctity of human life." The judges noted that what 
constitutes blatant disregard for life would be very fact-sensitive.

Kho and fellow Sarawakian Galing Anak Kujat attacked Chinese national Cao Ruyin 
and another man near Geylang Drive in February 2008 to rob them. Galing's 
murder conviction was reduced to robbery with hurt on appeal and he was 
sentenced to 18 years and 6 months' jail and 19 strokes of the cane.

In Kho's case, Judges of Appeal Chao Hick Tin and Andrew Phang and Justice Chan 
Seng Onn concluded that the "sheer savagery and brutality displayed by (Kho) 
shows that during the course of the attack, (he) just simply could not care 
less as to whether the deceased would survive although his intention at the 
time was only to rob".

The apex court found he had struck the victim's head at least 3 times with a 
tree branch and did not stop even after Cao was no longer able to respond.

The 2 judges in the minority, Justices Lee Seiu Kin and Woo Bih Li, disagreed 
with the majority on a matter of fact and not law. They found there was 
insufficient evidence to establish beyond reasonable doubt that Kho had hit Cao 
on the head at least thrice, or that Kho had hit his victim with such force as 
to cause most of the fractures in his skull.

Justice Lee wrote that although he agreed with capital punishment for murderers 
with blatant disregard for human life, he felt that the facts were not 
conclusive that Kho had acted in such a way.

The majority judges disagreed with the minority's total reconsideration of 
findings of fact made by the Court of Appeal when Kho was sentenced to death 
the 1st time, saying the 2 judges had questioned the previous apex court 
findings and sought to reverse them. But to say that Cao's fall after being hit 
the 1st time by Kho and the strike with a belt buckle by Galing to his right 
eyebrow could have caused further fractures and thus mitigated the viciousness 
of Kho's attack, is "a non-plus to us", the majority judges wrote, emphasising 
Cao's completely shattered skull.

Speaking to reporters after the hearing, Kho's lawyer Anand Nalachandran said 
his client had been "understandably" hopeful, and that he would now look into 
filing a petition for the President's clemency.

(source: todayonline.com)

MALAYSIA:

9 Myanmar nationals charged with gruesome murders in Penang

9 Myanmar nationals, aged between 20 and 40, were today charged at several 
courts in Penang with the deaths of their countrymen whose bodies were chopped 
up and dumped at various locations in the state late last year. Bilah Md 
Ghulam, Mohamad Rafik, Habibullah, Mohd Rafi Shafie, Yassin, Soe Maung Maung, 
Ali, Hafiz Ahmad and Hussain Swaley were first charged at the Bukit Mertajam 
Magistrate's Court with taking part in an unlawful assembly and causing the 
death of 2 Myanmar nationals.

They were charged under Section 149 of the Penal Code for unlawful assembly and 
face the death penalty under Section 302 for murder.

They allegedly committed the offences on November 23 last year between 8pm and 
9.30pm at 5775 PBA-R, Kampung Pisang, Cherok Tokun in Bukit Mertajam, where 
they allegedly caused the death of Myo Aung and another man who was not 
identified. When the charge was read out to them in Bahasa Malaysia the accused 
nodded when asked if they understood.

No plea was recorded.

Magistrate Diannee Ningrad Nor Azahar fixed January 30 for mention pending the 
appointment of a translator.

Deputy public prosecutor Kamaliza Md Zain prosecuted. At the Bukit Mertajam 
Sessions Court, Bilah, 27; Rafik, 28; and Hafiz, 28, faced similar charges 
under Sections 149 and 302 for taking part in an illegal gathering and causing 
the death of Htoo Aung, 35, who was also from Myanmar.

They allegedly committed the crime with another person who is still at large in 
front of No 8, Lorong Impian Ria 3, Taman Impian Ria in Machang Bubok at 
12.45am on October 15 last year. Then, Bilah, Mohd Rafik, Hafiz and Ali were 
again charged with unlawful gathering and murder of another 2 Myanmar men - 
Kyaw Tan Hla, 35, and Tun Yne Maung, 28. The 4 men, together with another still 
at large, allegedly committed the offences at 10pm in Kampung Manggis Estate, 
Machang Bubok on September 14 last year.

All of them were not represented but indicated that they understood the charges 
read to them. Sessions judge M. Vijayalakshmi also set January 30 for mention. 
Deputy public prosecutor Sim Saw Kim appeared for the Attorney-General's 
Chambers.

The accused were detained under Ops Kelar, a police operation launched in 
November last year to investigate the murders involving foreigners and Myanmar 
nationals whose bodies were chopped up and body parts dumped at various 
locations in the state, including in Bukit Mertajam and Nibong Tebal. Early 
last month, the police picked up 20 suspects in their 20s and 40s, including 2 
men in Rawang, in connection with the cases.

Of the lot, the police investigated 9 men under Section 302 of the Penal Code 
for murder while 2 others were probed under Section 6 of the Immigration Act 
for illegal entry. A house in Kampung Pisang, Machang Bubok, in Bukit Mertajam, 
where 2 of the suspects stayed, was allegedly used as a slaughterhouse. It was 
reported earlier this week that the police, with the help of relevant 
government agencies, were closing in on a 2nd cell of Myanmar murderers in 
Penang whose members have gone into hiding.

Later, at the Butterworth Magistrate's Court, Bilah, Rafik, Habibullah, Rafi 
and Ali were jointly charged with another count of unlawful assembly and 
murder.

They allegedly committed the crime on November 9 between 9pm and 10pm at the 
Bukit Tok Alang oil palm estate on Jalan Jarak Atas in Tasek Gelugor, where 
they caused the death of Myanmar national Aung Naing Soe, 23. Magistrate 
Muhammad Firdaus Abdul Wahab fixed February 16 for next mention.

Deputy public prosecutor Khairul Fairus Rahman prosecuted.

(source: The Malaysian Insider)

INDONESIA:

68 drug dealers given death sentence, says BNN

The National Narcotics Agency (BNN) says at least 68 people were on death row 
and awaiting execution for drug offenses in 2014.

"2 drug convicts on death row were executed in 2012, while the others, both 
Indonesians and foreigners, have yet to be executed," BNN head Anang Iskandar 
said as quoted by Antara news agency in Sukabumi on Tuesday. He said the 
Cibadak District Court in Sukabumi regency, West Java, recently sentenced 2 
Iranians - Mostafa Moradalivand and Sayed Hashem - to death for their 
involvement in an international drug trafficking network.

The BNN arrested the 2 foreigners when they attempted to smuggle 40.1 kilograms 
of shabu-shabu (crystal methamphetamine) into Indonesia through Sukabumi 
waters. They hid the drugs at a location in Tangkuban Parahu Nature Reserve in 
Palabuhan Ratu district, West Java.

Anang said the 2 deserved the death sentence as drug abuse could damage future 
generations in Indonesia. He said the BNN praised the court's decision to 
impose the death penalty on the 2 Iranians, a heavier sentence than the 20 
years' imprisonment demanded by the Cibadak Prosecutor's Office.

"There is no mercy for drug dealers. The sanction is clear - a minimum 4-year 
prison sentence and a maximum of death penalty as stipulated in Law No.35/2009 
on narcotics," said Anang.

Unlike drug dealers, he said, the BNN ensured that drug addicts underwent 
rehabilitation as they were considered victims.

(source: The Jakarta Post)

************************

Bali 9 pair do not deserve firing squad

When Andrew Chan and Myuran Sukumaran organised a trip to Bali for themselves 
and 7 others in March and early April, 2006, the planning was as detailed as 
the young men could manage. Central to the trip - its very purpose - was to 
collect and smuggle 8.3kg of heroin valued at about $4 million, returning the 
drugs to Australia where it would be sold with consequences which would include 
human and social wasting of addicts and users. The crime rightly provoked 
little, if any, sympathy among Australians, especially among those who knew the 
impact of drug dealing.

The Bali 9, as the group became known, faced trial, were found guilty and given 
sentences of varied imprisonment and, in the cases of Chan and Sukumaran, death 
by firing squad.

A series of appeals by the prisoners and the prosecutors saw sentences upgraded 
- 4 others were sentenced to death - and then overturned again and reinstated 
to lesser long prison terms. Throughout all this the Chan and Sukumaran 
sentences remained, with their last hope being a presidential pardon. Now, 
after more than 8 years in the often brutal Kerobokan Prison in Bali, the end 
looks near for these 2 Australians.

Sukumaran learned last week his request for a presidential pardon has been 
denied and he could be taken from his cell at any time to face a firing squad.

Chan has not been informed officially but initial reports said his pardon 
request was turned down as well. It is expected a presidential response is not 
far away.

New Indonesian President Joko Widodo, elected last July, campaigned on a 
platform of showing no mercy to drug smugglers. He has said the drug trade 
claims too many Indonesian lives and trafficking foreigners need the "shock 
therapy" of execution to deter others from travelling to tourist destinations 
like Bali to buy and smuggle narcotics.

There's no doubt about the guilt of the Bali 9 and that they all knew what they 
were doing - seen in their meticulous planning - and no one can plead they did 
not know they faced harsh prison sentences or even the death penalty if caught 
smuggling drugs into or out of Indonesia. There are prominent signs at all 
ports and the Australian Government includes the information in its basic 
travel advice.

While they may have felt "invincible" at the time of the crime, as Chan said in 
an interview 18 months ago, they have learnt hard lessons in jail and, 
according to prison authorities, demonstrated remorse and rehabilitation. It is 
hard to read and hear their words from inside Kerobokan and not feel for them.

Now Indonesia is preparing to carry out its 1st executions for 2015 with half a 
dozen prisoners, mainly Indonesians and Nigerians, slated to face the firing 
squad in the days ahead. Sukumaran is on a list to pay with his life by the 
middle of the year and when Chan is told his final chance for a reprieve has 
been denied he too will wait for the visit to take him out to be shot.

Australia opposes the death penalty wherever it is imposed and objections are 
lodged whenever citizens face this fate.

Prime Minister Tony Abbott has said the nation's views have been made known to 
the Indonesian authorities but it's clear he is not going out of his way to 
push the point that Sukumaran and Chan should be spared. "My profound hope is 
that these executions don't go ahead," Mr Abbott said earlier this month. "What 
I'm not going to do, though, is jeopardise the relationship with Indonesia."

There have been 4 prime ministers in office since the Bali 9 were first 
arrested and began their roller-coaster ride through the Indonesian legal 
process. None has been able to get anything beyond lip service from authorities 
in Jakarta.

As happened when Australian Vietnamese national Nguyen Tuong Van was executed 
for drug running in Singapore in 2005, the Australian public will find regret 
and sympathy for this pair. Sukumaran and Chan should pay but they should not 
die at the hands of the Indonesian state. More should have been done on their 
behalf.

(source: Responsibility for election comment is taken by Christopher Dore, 
Courier Mail)

PAKISTAN:

4 Taliban militants given death sentence for attacking Pak's ISI office

The ATC-I Multan handed down the penalty to Abdul Raheem, Hafiz Suleman, Sajjad 
and Muhammad Afzal on 11 counts each, and 25-year imprisonment to their 5th 
accomplice Ijaz, yesterday.

All the 5 convicts belong to the banned terrorist group Tahreek-i-Taliban 
Pakistan. Some 15 people were killed and more than 50 others were injured in 
the bomb and gun attack on the ISI office in Multan Cantonment in 2009, some 
350 kilometres from here.

Country's ATCs have expedited cases as part of the government's national action 
plan to curb terrorism following the Peshawar school massacre in which 150 
people, mostly children, were killed in December last year.

Pakistan ended its 6-years-old moratorium on the death penalty in terror cases. 
12 death row prisoners involved in terror activities have been executed so far 
after the Nawaz Sharif-led government lifted the moratorium.

(source: First Post)

*********************

2 More Have Been Given Death Penalty

2 more criminals who were involved in assassination of religious leaders have 
been given death penalty 2 times each as a punishment of their crime.

Anti Terrorist Court has given them death penalty 2 times each for their 
involvement in target killings. Further court has announced 0.5 million fine 
also.

2 criminals who are identified as Iftikhar Hussain and Rajab Ali were charged 
over assassination of religious leader in 2013.

Officially no date has been announced for execution.

It is pertinent to mention that till now 17 criminals have been hanged in 
different jails of Pakistan about whom DG ISPR said that they have been sent to 
'hell'.

(source: Pakistan Tribe)

*****************************

LHC orders release of death row convict for lack of evidence

The Lahore High Court (LHC) on Tuesday acquitted death row prisoner Zameer 
Ahmed for lack of evidence in a murder case.

A 2-member bench of the LHC headed by Justice Mazahir Ali Akbar Naqvi heard the 
petition.

The court was informed that accused Zameer Ahmed was handed death penalty by a 
trial court in an 8-year-old girl's murder case but there was clear 
contradiction in post-mortem report and statements of the witnesses.

State lawyer argued that the accused has murdered a minor girl and its evidence 
is available.

After hearing the arguments, the bench ordered release of the accused for lack 
of evidence and declared trial court's verdict null and void.

(source: Pakistan Today)