Malaysia rejects death penalty for drink-drivers, proposes victim compensation

There is no necessity to introduce the death penalty into the Road Transport Act 1987 for driving under the influence, according to Malaysian Transport Minister Anthony Loke.Loke said existing laws were sufficient to prosecute serious offences and that offenders could still be charged under Section 302 of the Penal Code for murder, where applicable.“As far as the government is concerned, we have already stopped mandatory death penalties,” he told reporters on Monday after a road safety programme at Tunku Abdul Rahman University of Management and Technology.“So this is not something we are considering, even if the opposition calls for it. The government does not need to do everything that the opposition calls for,” he said.“Without the death sentence provision in the act, the Attorney General’s Chambers can still charge somebody under the Penal Code.”A motorcyclist is flung into the air after being hit by a car in Malaysia’s port city of Klang on March 29. Photo: HandoutInstead, he said the government was looking to amend the act by focusing on strengthening support for victims’ families, including requiring offenders to pay compensation.“What we are amending is to ensure that if offenders are found guilty, then besides a jail sentence and a fine, they are also liable to provide compensation to the victims’ families,” he said.“This is because the current avenue for victims’ families is through civil action, where the process is tedious, costly and can take a very long time.”He added that the government planned to table the amendment to the act during the coming parliamentary session in June.“The Land Public Transport Agency and the Road Transport Department are currently working with the AGC to draft the amendment. We are formulating the amendments and hope to table them in the June parliamentary sitting,” he said.Last month, Loke said the Transport Ministry was drafting proposals to amend the law to curb drink-driving incidents, including making it mandatory for offenders to compensate victims’ families.Commuters wait at a traffic light in Kuala Lumpur. Photo: EPA-EFE/This followed the death of a motorcyclist in a tragic accident on Jalan Raya Barat, Klang, allegedly caused by a driver under the influence of alcohol and drugs.Further ReadingThe driver was charged with murder on April 1 and, if convicted, faces the death penalty, 30 to 40 years’ jail and not fewer than 12 strokes of the cane.Opposition party member Wan Ahmad Fayhsal Wan Ahmad Kamal has urged the government to consider the death penalty for drunk drivers who cause fatal accidents, according to the New Straits Times.Despite amendments introduced in 2020, the existing laws had failed to act as a deterrent, the Machang MP said, citing repeated fatal crashes involving intoxicated drivers.“This is not merely about punishment, but to send a clear message that human lives cannot be taken lightly and any action endangering others will face the heaviest consequences,” he wrote in a social media post on March 30, a day after the Klang crash.“Lost lives cannot be replaced. It is time for more drastic action to protect public safety and ensure justice is upheld.”This article was first published by The StarAdditional reporting by SCMP’s Asia desk