[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Jan. 15



SUDAN:

Supreme Court Upholds Death Penalty for SPLM-N Leaders



The National Supreme Court in Khartoum upheld the verdicts of the Blue Nile 
Criminal Court concerning 63 leaders and members of the Sudan People's 
Liberation Movement-North (SPLM-N). The sentence of 1 rebel leader was changed 
from life imprisonment to the death penalty.

The Supreme Court confirmed the death penalty, issued in absentia for 17 rebel 
leaders, among them Malik Agar, chairman of the movement and former elected 
governor of Blue Nile state, and Yasir Arman, SPLM-N Secretary-General.

"Today, we received a copy of the Supreme Court's ruling issued on Monday," El 
Tijani Hassan, member of the defence team told Dabanga.

"The verdict of the Court of Appeal with regard to SPLM-N leader Minallah 
Hussein Hady was changed from life imprisonment to the death penalty," he said. 
"He is the only 1 sentenced to death who was arrested, and is currently held at 
Kober prison in Khartoum North."

"The court also upheld the life imprisonment sentences for 46 SPLM-N members," 
the defence lawyer added.

On 5 August, the Court of Appeal in Sinja, eastern Sudan, upheld the death 
penalties in absentia for the 17 SPLM-N leaders. The court also ordered the 
confiscation of SPLM-N properties in El Damazin, capital of Blue Nile state. 
"All spent between 1 year and 3 1/2 years in prison before they were tried," 
Hassan told Dabanga at the time. "52 SPLM-N members were convicted so far, and 
69 were acquitted."

(source: All Africa News)








BOTSWANA:

Gov't appeals High Court ruling on death penalty



The government of Botswana has made an application to the Court of Appeal (CoA) 
contesting an earlier decision by High Court Judge Tshepo Motswagole, who last 
year ruled that the death penalty was unconstitutional. Government has filed an 
application before the CoA seeking a declaration order that Section 203 of the 
Penal Code, which enshrines the death penalty, is constitutional.

Last year, Justice Motswagole ruled that Section 203 of the Penal Code was 
unconstitutional while presiding over the case of one Rodney Masoko, who was 
facing murder charges after stabbing his girlfriend with a knife in Francistown 
in 2006. In his judgment, Justice Motswagole said the problem with Section 203 
was that it failed to afford equal treatment and equal opportunity to persons 
convicted of murder.

"This section seriously undermines the individualization of the inquiry on 
imposition of the ultimate penalty by excluding well known sentencing 
principles and usual mitigation factors," he said.

As a result, Justice Motswagole sentenced Masoko to life-imprisonment. When 
appealing the sentence at the CoA, Assistant Director at Department of Public 
Prosecutions (DPP), Susan Mangori argued that the CoA should reiterate its 
position on capital punishment and subsequently remit Masoko's case back to 
Justice Motswagole to pass the prescribed sentence.

She challenged Justice Motswagole's decision to quash Section 203 when he had 
invoked the very same section to make a finding that there were no extenuating 
circumstances in the case. Mangori argued that after convicting Masoko for 
murder without extenuating circumstances, Justice Motswagole should have 
condemned him to death once and for all.

"If indeed Justice Motswagole was of the view that the whole of Section 203 of 
the Penal Code was unconstitutional, he should have declared it as such prior 
to making a finding based on it to the effect that no extenuating circumstances 
were in existence in the case," said Mangori.

She further argued that it would be an exercise in futility to give a person 
convicted of murder without extenuating circumstances an opportunity to lead 
evidence in mitigation, as no matter the nature of the mitigating factors the 
prescribed sentence will be death. Meanwhile, Masoko's lawyer Kgosietsile 
Ngakayagae is yet to file his response before the court. He told this 
publication in an interview that he will fully oppose the application.

Botswana is very strict on issues of capital punishment. The country retains 
capital punishment for murder and treason, and has executed 47 convicted 
criminals since independence in 1966. Currently, Botswana is at loggerheads 
with the South African government over the extradition of murder accused Edwin 
Samotse (26) who was mysteriously deported to Botswana in August last year to 
face a murder charge, contrary to South African government policy and a 
ministerial court order. Samotse fled to South Africa after allegedly murdering 
Tshegofatso Kgati on 18 March 2011 in Francistown after stabbing her with a 
sharp object. Botswana had refused to give South Africa an undertaking that 
Samotse will be spared the hangman's noose. Though the Botswana government had 
contended that Samotse had volunteered to be deported home to face the music, 
he latter escaped from custody after making a few appearances before the court, 
and is still on the run. South Africa's home affairs spokesperson, Mayihlome 
Tshwete, stated that they did not know about Samotse's whereabout since his 
mysterious deportation to Botswana.

(source: Botswana Gazette)








SINGAPORE:

Sarawakian to hang in Singapore after court nixes reprieve from gallows



The highest court in Singapore 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.

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 
heagreed 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 first 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: themalaymailonline.com)








INDIA:

Odisha Court sentences death penalty in double murder case



The district and session judge of Jajpur sentenced a 38-year-old man to death 
on Thursday for killing his 38-year old widowed aunt and her 60 year old father 
4 years back in village Bandhaga under Sukinda police station in Jajpur 
district over property dispute.

The incident occurred on 14th March 2011 when the convict Ganesh Mahanta axed 
both of them to death.

Dukhibandhu Mahanta (60) and his daughter Kanchana Mahanta (40) were killed by 
the nephew of Kanchana. Muralidhar the husband of Kanchana died 10 years back. 
On 11th March 2011, Kanchana married off her daughter 3 days before the double 
murder. The deceased Kanchana's father came to his daughter's house on the 
fateful day and he was also killed as Dukhishyam tried to prevent the convict 
to kill his daughter.

The deceased Kanchana's father came to his daughter's house on the fateful day 
and he was also killed as Dukhishyam tried to prevent the convict to kill his 
daughter. The accused managed to flee from the village after killing them. But 
police arrested him after 2 weeks of the double murder.

Pronouncing the verdict in the sensational case, the additional district and 
session judge Jiban Ballava Das convicted Ganesh Mahanta to death sentence 
under section 302 (murder) of Indian Penal Code on the charges of hacking to 
death to both.

(source: orissadiary.com)



MALAYSIA:

Lawyer to appeal Malaysian court's death penalty against Vietnamese sailor



A Malaysian court has sentenced a Vietnamese man to death by hanging for murder 
in a verdict that the defending lawyer said he would appeal.

The High Court in Sarawak on January 13 ruled that Nguyen Hong Quang, 49, 
killed Ngo Trong Cuong onboard a ship docking at Sarawak's Tanjung Manis 
Anchorage, on March 22, 2013.

Judge Lee Heng Cheong pointed out that the prosecution had proved the charge 
against the accused beyond all reasonable doubt, the Borneo Post quoted the 
judgement as saying.

Quang was convicted under Section 302 of the Malaysian Penal Code, which 
provides for a mandatory death sentence by hanging, it said.

Quang's lawyer Orlando Chua said he would file an appeal.

Prosecutor Franklin Ganggan Anak Bennet told Thanh Nien on Wednesday that the 
defending lawyer has 14 days to submit his appeal to the Court of Appeal. If it 
were rejected, he could continue to appeal to the Final Court.

Bennet refused to provide information about the murder and investigation 
results citing confidential reason.

Meanwhile, lawyer Chua said Quang, hailing from Son La Province in Vietnam, 
worked as the first engineer of the cargo ship M.V. Brave Oven.

He was accused of murdering Captain Cuong, 40, around midnight on March 22, 
2013. Cuong's body was found in the ship, sustaining 21 wounds.

Quang's conviction was based on an uncertain DNA examination of what was 
alleged to be DNA on a 20-cm kitchen knife said to belong to the defendant, 
lawyer Chua said.

Chua said that there was no Brave Ocean crew member among the 15 witnesses at 
the trial on Sep. 2, 2014 because police couldn't find any of them.

There was no direct evidence linking Quang to the murder that he was accused of 
committing, he said.

Lawyer said he believed that he would have rightful defense at the Court of 
Appeal.

(source: Thanh Nien News)

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

Our death penalty could be hurdle to extradite Sirul from Australia



Convicted killer Sirul Azhar Umar may escape the hangman's noose.

Deputy Home Minister Datuk Seri Wan Junaidi Tuanku Jaafar said Malaysia may 
face difficulty in extraditing the former police corporal from Australia as 
Australian law forbids extradition of persons to face the death penalty.

Wan Junaidi said said Sirul may exploit that fact for him to avoid extradition.

He, however, said it is too early to speculate what might happen in the 
Australian courts.

He said Inspector-General of Police Tan Sri Khalid Abu Bakar has contacted his 
Australian counterpart and Interpol to extradite Sirul.

"The Australian government has a good bilateral relationship with us, so 
morally they should return him to us.

"We can use administrative channels to get him back to Malaysia but if the 
other parties can use the fact that Australia does not have the mandatory death 
penalty, the extradition might not happen," he said in a press conference after 
opening the Nepali Consul-General office here today.

Police have launched a manhunt for Sirul after he failed to turn up at the 
Federal Court on Tuesday to face the Altantuya Shaariibuu murder verdict on 
him.

Immigration Department records indicated Sirul is in Australia, having gone 
there last year.

The Bar Council, meanwhile, said Sirul could challenge Malaysia's request to 
extradite him back to the country.

"If he (Sirul) gets a good legal counsel, he could challenge the request, and 
might not be extradited by the authorities," its Human Rights Committee 
co-chairperson Andrew Khoo told theSun.

Khoo said Sirul might argue that he does not want to return to Malaysia and 
face execution - which could be deemed "cruel and unusual" in Australia.

"This is a difficult situation," he said.

Khoo, however, said this could be an opportunity for the Malaysian government 
to review the death penalty.

"This is an instance where the government can rethink the policy on capital 
punishment.

"If the government wants to extradite Sirul for life imprisonment, the 
Australian government might comply with the request," he said.

Sirul and his superior, ex-chief inspector Azilah Hadri, both members of the 
elite police Special Action Squad (UTK), were handed the death sentence in 2009 
for the murder of Altantuya 3 years earlier.

They were let off the hook by the Court of Appeal in 2013 following their 
application to overturn the High Court decision.

This led to the prosecution to counter appeal the decision with the Federal 
Court which on Tuesday upheld the High Court decision to hang both men for the 
murder of the Mongolian woman.

Azilah, who had shown up to hear the Federal Court verdict on Tuesday, has 
returned to prison awaiting his sentence or seek his final recourse - a pardon 
from the Yang di-Pertuan Agong.

(source: The Sun Insider)

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

Australia will not send back Sirul to face death penalty



Australia will refuse a Malaysian government request to extradite to Kuala 
Lumpur a former Malaysian police commando sentenced to death for the murder of 
a pregnant Mongolian socialite.

The Sydney Morning Herald quoted a spokesman for the Attorney-General's 
Department as saying Australia's extradition legislation did not allow a person 
to be surrendered to another country for an offence punishable by death unless 
the country had given Australia an undertaking that the death penalty would not 
be carried out.

Altantuya Shaariibuu, 28, who was murdered in Malaysia in 2006 allegedly wanted 
US$500,000 to remain silent about a defence ministry submarine deal.

The Federal Court on Tuesday upheld the death penalty for Sirul Azhar Umar, a 
former bodyguard of Malaysia's Prime Minister Najib Razak and one of the key 
figures in a sensational case in Kuala Lumpur involving allegations of 
high-level corruption and political intrigue.

Sirul is believed to be living now in Australia.

Malaysian police have asked Australian authorities to arrest and extradite 
Sirul, 1 of 2 policemen convicted over the murder of the socialite Altantuya 
Shaariibuu.

The request came as Australia prepares to make what Prime Minister Tony Abbott 
last week described as the "strongest possible representations" on behalf of 
Myuran Sukumaran, the Bali 9 drug mule on death row whose bid for clemency has 
been rejected by Indonesian President Joko Widodo.

"Australia opposes the death penalty. We oppose the death penalty for 
Australians at home and abroad," he said.

Kuala Lumpur police chief Mohmad Salleh said Malaysia will seek the 
co-operation of the Australian Federal Police to arrest Sirul who, according to 
immigration records, travelled to Australia in October and failed to attend 
Tuesday's court hearing before a panel of federal court judges that ordered he 
and former Malaysian chief inspector Azilah Hadri be executed by hanging.

The paper reports that allegations have simmered for 8 years that Altantuya, 
28, was murdered to keep her quiet about purported kickbacks to high-level 
Malaysian officials.

According to court testimony, Altantuya begged for her life and that of her 
unborn child before she was shot twice in the head, wrapped in C4 plastic 
explosives and blown up in Kuala Lumpur's suburbs on October 19, 2006.

The government has refused to hold an inquiry into the case, which centres on 
Malaysia's US$2 billion purchase of 2 French- and Spanish-built Scorpene 
submarines in 2002 when Najib was defence minister. Altantuya worked as a 
translator in the latter stages of negotiations.

French investigators in Paris are looking into so-called "commission" payments 
totalling about $US160 million to companies reportedly set up by Abdul Razak 
Baginda, a friend and policy adviser to Najib.

Altantuya was a lover of Baginda and admitted in a letter found after her 
murder that she had been blackmailing him. She allegedly wanted a US$500,000 
cut to remain silent about her knowledge of the submarine deal.

Baginda is believed to be living in Britain.

Both Azilah and Sirul denied any involvement in the murder.

(source: Free Malaysia Today)

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

Malaysian policeman sentenced to hang for model's murder is living in Australia



A former police commando at the centre of a sensational murder case in Malaysia 
who has been sentenced to hang in Kuala Lumpur is believed to be living in 
Australia.

Malaysian police say they will ask Australian authorities to arrest and 
extradite Sirul Azhar Umar, 1 of 2 policemen convicted over the murder of 
glamorous Mongolian fashion model Altantuya Shaaribuu amid allegations of 
high-level bribery and political intrigue in Kuala Lumpur.

"I do not know why she was killed," said the father of Ms Shaaribuu.

The presence of Sirul, a former bodyguard of Malaysia's Prime Minister Najib 
Razak, in Australia would create a dilemma for the Abbott government, which 
opposes the death penalty. Australia signed an extradition treaty with Malaysia 
in 2006.

Prime Minister Tony Abbott said last week Australia will make the "strongest 
possible representations" on behalf of Myuran Sukumaran, the Bali 9 drug mule 
on death row whose bid for clemency has been rejected by Indonesian President 
Joko Widodo.

"Australia opposes the death penalty. We oppose the death penalty for 
Australians at home and abroad," he said.

"We obviously respect the legal systems of other countries but where there is 
an attempt to impose the death penalty on an Australian, we make the strongest 
possible diplomatic representations."

Sydney grandmother Maria Elvira Pinto Exposto, 51, faces a mandatory death 
sentence if found guilty in Kuala Lumpur of drugs charges.

Kuala Lumpur police chief Mohmad Salleh told journalists Malaysia will seek the 
co-operation of international police to arrest Sirul, a father of tw2.

"To date, the Malaysian Immigration Department has confirmed that he went 
abroad, namely Australia. He went in October last year," he said.

"We will liaise with the Australian Federal Police if he is there but if he has 
left for other destinations we will liaise with Interpol to arrest him. "

Allegations have simmered for 8 years that Ms Shaaribuu, 28, was murdered to 
keep her quiet about purported kickbacks to high-level Malaysian officials.

According to court testimony, Ms Shaaribuu begged for her life and that of her 
unborn child before she was shot twice in the head, wrapped in C4 plastic 
explosives and blown up.

Her remains were found in a patch of jungle in Kuala Lumpur's suburbs on 
October 19, 2006.

No motive for the murder has been established in court.

"Why was my daughter killed?," Ms Shaaribuu's father Setev Shaaribuu asked 
after a Federal Court panel on Tuesday upheld a 2009 sentence for Sirul and 
former Malaysian chief inspector Azilah Hadri to hang.

"Until today, I do not know why she was killed," Mr Shaaribuu told the 
Malaysiakini online news service from Ulanbataar through his lawyer.

The government has refused to hold an inquiry into the case.

Mr Shaaribuu confirmed that he will now proceed with a civil suit against the 
Malaysian government over the murder of his daughter, who was a lover of 
Ferrari-driving businessman Abdul Razak Baginda, a friend and policy adviser to 
Mr Najib.

The case centres on Malaysia's US$2 billion purchase of 2 French-Spanish-built 
Scorpene submarines in 2002 when Mr Najib was defence minister. Ms Shaaribuu 
spoke several languages and worked as a translator in the latter stages of deal 
negotiations.

Mr Najib strongly denies ever meeting Ms Shaaribuu or having any link with her 
and the government denies any wrongdoing in the submarine purchases.

But French investigating magistrates in Paris are looking into so-called 
"commission" payments totalling about US$160 million to companies reportedly 
set-up by Mr Baginda, who was initially charged with abetting a murder. The 
charge was dropped in 2008 before any evidence was heard against him in court.

He is believed to be now living in Britain.

Ms Shaaribuu, who had been married to a popular Mongolian singer, admitted in a 
letter found after her murder she had been blackmailing Mr Baginda, who had 
jilted her after they travelled through Asia and Europe together.

She allegedly wanted a US$500,000 cut to remain silent about her knowledge of 
the submarine deal.

Ms Shaaribuu was abducted outside Mr Baginda's house where she was said to be 
causing a scene.

Both Azilah and Sirul denied any involvement in the murder.

Pleading with a court not to execute him in 2009, Sirul described himself as a 
"black sheep that has to be sacrificed" to protect unnamed people.

"I have no reason to cause hurt, what's more to take a life in such a cruel 
manner ... I appeal to the court, which has the powers to determine if I live 
or die, not to sentence me so as to fulfil others' plans for me."

No motive for the murder of Ms Shaaribuu, who has 2 sons, was established in 
court.

The Federal Court panel of 5 judges said on Tuesday the 2 policemen had both 
separately led investigators to the site where the body was found, which 
"strengthened" the case against them.

A shocked-looking Azilah was led out of the courtroom after the decision.

Sirul's defence team, however, told the court they did not know his 
whereabouts.

An arrest warrant was issued.

Azilah and Sirul were sentenced to hang in 2009 but released when an appeals 
court overturned the conviction in 2013 after raising questions about how their 
trial was conducted, prompting the prosecution's appeal to the Federal Court.

Cynthia Gabriel, who runs a Malaysian anti-corruption NGO, welcomed the court 
decision but said too many questions remain unanswered.

"For truth-seeking Malaysians, they want to know the motive for her brutal 
death and if anyone high up in the political leadership was also involved in 
the murder," she said.

Mr Shaaribuu expressed concern that Sirul is missing.

"I hope the police can find him soon, only then will justice for my beloved 
daughter be truly served," he said.

The only avenue of appeal left for Azilah and Sirul is to the state sultan for 
a pardon to commute their death sentence to imprisonment.

Comment is being sought from the Australian government's Attorney-General's 
Department which handles extradition requests from foreign governments.

(source: Sydney Morning Herald)