The former Court of Appeal judge said since the apex court has made such a ruling, the issue of the proposed abolition of mandatory death penalty should be brought to Parliament by the government for a decision.
"The next step is for the Parliament to consider and debate the report which was handed over early this year. "They will have to go through a resentencing process to determine a fit and proper alternative sentence to be imposed by the court," explained Mah when contacted. Four appellants – P Pubalan, Peruvian national Jorge Crespo Gomes and South Africans Letitia Bosman and Benjamin William Hawkes – had challenged the constitutionality of the mandatory death penalty.
"If there's a miscarriage of justice, the death penalty once carried out is irreversible. It is an unanswerable point. Proponents of the death penalty block their minds to the very real possibility of an innocent man being hung," said Surendran, who is against death penalty.
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