PUTRAJAYA: The Federal Court has reserved judgment on a review application by three prisoners seeking to overturn their whipping sentences due to potential risk of death.
A three-member panel, chaired by Chief Justice Wan Ahmad Farid Wan Salleh, stated the decision would be announced later, with parties notified in advance.
The panel, including Chief Judge of Sabah and Sarawak Azizah Nawawi and Federal Court judge Lee Swee Seng, heard arguments from the prosecution, defence, and the Malaysian Bar, acting as amicus curiae (friend of the court).
The applicants — Mohd Helmi Anuar Mohd Kassim, 45, Kumanaan Anthony Vincent, 40, and J. Sivachandran, 37 — argued that the whipping sentence violates Articles 5 and 8 of the Federal Constitution, referencing a previous case where an inmate died after being whipped.
All three men were originally sentenced to death for drug trafficking or murder but had their sentences reduced to 30 years’ imprisonment and whipping under the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 (Act 847).
Under the revised sentences, Mohd Helmi and Kumanaan each received 24 strokes of the cane, while Sivachandran, convicted of murder, was sentenced to 12 strokes alongside 30 years in prison.
Lawyer N. Surendran, representing Mohd Helmi and Mohd Kassim, urged the court to allow the review application, arguing that the information about a former inmate’s death emerged after their cases were reviewed under Act 847, and thus could not have been raised earlier.
He contended the punishment violates Article 5(1), which guarantees the right to life, claiming it may result in deprivation of life without legal sanction.
Lawyer Rajesh Nagarajan, representing Sivachandran, supported Surendran’s submissions.
Deputy Public Prosecutor Afzainizam Abdul Aziz defended the sentence as legal and compliant with current legislation, emphasising that strict medical safeguards are in place to prevent excessive harm during whipping.
He explained that the procedure is conducted in a controlled manner under constant medical supervision and is halted immediately if a prisoner is medically unfit.
Afzainizam also argued that the applicants failed to present any medical evidence indicating their unfitness to undergo the punishment.
Malaysian Bar counsel MM Athimulan claimed the whipping sentence also breaches Article 8(2) of the Constitution, which guarantees equality, as only men are subject to caning, while women are exempt. – Bernama
