KUCHING – Sarawak’s Head of State, Tun Pehin Sri Dr Haji Wan Junaidi Tuanku Jaafar, has emphasised the need for fairness, careful consideration and adherence to the rule of law in decisions involving criminal sentences and pardons during a meeting with a federal legal affairs delegation in Kuching on 27 October.
The discussion took place during a courtesy visit by Deputy Director-General (Policy and Development) of the Legal Affairs Division under the Prime Minister’s Department, Dato’ Dr Punitha Silivarajoo, and her delegation at the Sarawak State Astana in Petra Jaya at 10am. The meeting focused on developments in Malaysia’s legal reform agenda, including changes to capital punishment, sentence reviews and provisions concerning children convicted of offences.
Wan Junaidi, who was accompanied by Toh Puan Datuk Patinggi Hajah Fauziah Mohd Sanusi, said decisions on sentencing and clemency carried significant responsibility and required comprehensive assessment, prudence and compliance with established legal procedures.
He also highlighted the importance of respecting the constitutional and legal responsibilities of the Pardons Board when considering applications for clemency. Such decisions, he stressed, must be made within the framework of the applicable laws and Constitution.
The delegation briefed the Sarawak leadership on the implementation of the Mandatory Death Penalty Abolition Act 2023 (Act 846) and the Death Penalty and Life Imprisonment Review Act 2023 (Act 847). Discussions also covered Section 97 of the Child Act 2001, which addresses legal provisions applicable to children involved in criminal proceedings.
Participants considered the broader implications of the country’s approach to capital punishment, including the existing moratorium on executions and Malaysia’s position as a country that has effectively ceased carrying out the death penalty in practice. The exchanges also addressed government policy options and the direction of ongoing legal reviews.
Wan Junaidi said laws should be examined and updated periodically to ensure they remain relevant and effective as society’s needs change. He emphasised that legal reform should not come at the expense of justice, the rule of law or the supremacy of the Constitution.
He further called for a balanced approach that considers fairness, the public interest and the practical effectiveness of legislation. These considerations, he indicated, were important to maintaining social stability and protecting the wider interests of the community as the country reviews its legal framework.
The meeting also addressed rehabilitation and education opportunities for people serving prison sentences. Wan Junaidi expressed support for efforts by the Malaysian Prisons Department to widen access to education, including facilities and opportunities that could enable inmates to pursue studies up to degree level.
He described education as an important part of rehabilitation, helping inmates develop their knowledge, rebuild confidence and prepare for life after completing their sentences. Access to education and skills development could also improve their prospects of making constructive contributions to their families, communities and the country.
The discussion brought together officials from federal and Sarawak government agencies involved in legal affairs, prison administration and public administration. Sarawak Attorney-General Dato Sri Saferi Ali attended the meeting, alongside representatives from the Legal Affairs Division, the Malaysian Prisons Department and the Sarawak Government Secretary’s Office.
The federal legal affairs delegation included Policy and Research Section director Kevin Geh Kien Meng, principal assistant directors Wan Nur Izzati Wan Yusoff and Sharon Silveraj, and assistant director Nur Shahkierin Haji Abd Manan.
The Malaysian Prisons Department was represented by Deputy Commissioner-General of Prisons Hafidz Othman and Deputy Head of the Detention and Sentence Execution Unit under the Prison Security and Order Division, Rosli Payiman. The Sarawak Government Secretary’s Office was represented by Deputy Director of the Administration Unit Norlela Haji Jarnie and administrative officer Ajon Meredan.
At the conclusion of the meeting, Wan Junaidi and Fauziah thanked Punitha and the delegation for sharing updates and perspectives on national legal reforms. Wan Junaidi also expressed hope that cooperation among the Legal Affairs Division, the Malaysian Prisons Department and relevant agencies would continue to support improvements to the justice system while safeguarding constitutional principles and public welfare. â Sarawak Daily
