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I am a Practitioner of 'The 7e Way of Leaders' where a Leader will Envision, Enable (ASK for TOP D), Empower, Execute, Energize, and Evolve grounded on ETHICS!

Tuesday, April 21, 2015

Daily Lessons from Life 20 April 2015 - Two convicted drug traffickers escape gallows, imprisoned for life

"Two convicted drug traffickers escape gallows, imprisoned for life - TODAY 20 April 2015

SINGAPORE: Two convicted drug traffickers were spared the gallows on Monday (Apr 20), four years after being sentenced to death.

Cheong Chun Yin, 31, and Pang Siew Fum, 60, both Malaysians, were sentenced to life imprisonment for trafficking 2.7kg of heroin to Singapore on Jun 16, 2008. They were convicted in 2010.

Cheong was also given 15 strokes of the cane — the minimum prescribed by the Misuse of Drugs Act.

High Court judge Choo Han Teck said he was satisfied that Cheong’s involvement in the act was that of a courier. Justice Choo also noted that the prosecution had tendered documents certifying Cheong had “substantively assisted” the Central Narcotics Bureau in disrupting drug trafficking activities outside Singapore.

The Misuse of Drugs Act was amended together with the Penal Code in 2012 to remove the mandatory death penalty for certain types of homicide and drug trafficking offences, in a move to “temper justice with mercy”.

Apart from meeting the condition of having only played the role of a courier, a drug trafficker must either have cooperated with the Central Narcotics Bureau in a substantive way or have a mental disability that substantially impairs his appreciation of the gravity of the act.

Speaking to reporters after the hearing, Cheong’s 59-year-old father Mr Cheong Kah Pin said he is relieved that Cheong was spared and is “at peace”.

“But I hope the Singapore Government can give him a chance and let him come back earlier,” he repeatedly said in Mandarin.

The elder Mr Cheong said he had sold his house and other assets to pay for Cheong’s legal fees. Since Cheong’s remand in June 2008, Mr Cheong had made weekly trips to from Johor Bahru to Changi prison to visit his son.

In Pang’s case, Justice Choo was persuaded that she was suffering from mental abnormalities during the time of the offence. Her lawyers Mr Irving Choh and Ms Lim Bee Li had submitted a medical opinion that Pang was suffering from a major depressive disorder around the time of the offence, which had “substantially impaired her mental responsibility” for her act."

Well, given the stands taken by Indonesia President against pardoning death roll convicts for drug trafficking, this is another way of looking at how to mete out 'punishment' for drug traffickers of different shades, types and circumstances!

Lessons for me are:

1. if between the LONG sentencing to death penalty and the actual execution date, the convicted traffickers HAD indeed turned over a new leaf with very solid and substantial evidence to support the change for the better, it is, inhumane and a mockery of his/her efforts to turn over a new leaf when he or she STILL has to face the death sentence!;

2. to avoid the awkward situation that the President of Indonesia is now facing about 'to stay or to execute' those foreigners on death roll for trafficking of drugs, the change of LAW may make more sense. It will allow sentences OTHER THAN mandatory death penalty be meted out depending on the circumstances. Of course, it has to be very strict and very rare to deviate from a certain standardised logic of sentencing in these cases! It is for the judiciary to make sure it is credible and consistent!;

3. some said imprisonment cannot change a person. While I agree that no one will change unless he or she wants to, been in prison and facing death at close quarter WILL DEFINITELY influence one's perspective of life. In such instance, when given a second chance MOST will genuinely grab it with their both hands, and tight!! So, while I am concerned that more deaths and destruction CAN come from someone trafficking drugs, it is acceptable IF the circumstances were genuine and impact not too big, a more lenient sentence is called for. Will it encourage some traffickers to try their lucks, I am sure there will be. We can only know for sure if THEY deserve the death sentence until their are brought to justice and be on trial by our judiciary system. May the real baddies get their death sentence while the lesser evils get something else!

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