Nurse on drugs charges faces execution
5:30 AM Wednesday Aug
1, 2012
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The breaking wheel was used during the Middle Ages and in the 19th Century |
A second Australian
faces possible execution in Malaysia on drug trafficking charges, adding
pressure to a campaign to end capital punishment in a country that has more
than 800 prisoners on death row.
Melbourne nurse Emma
Louise L'aigulle, 34, is alleged to have been arrested with Nigerian Esikalam
Ndidi in a car with about 1kg of methamphetamine hidden under a seat.
Possession of 50 grams
or more of the drug is considered trafficking and subject to a mandatory death
sentence.
In November Perth man
Dominic Jude Christopher Bird, 32, will go to trial charged with offering 167 grams
of methamphetamine to undercover police officers.
The possibility of
further death sentences will further burden Australian diplomacy as it tries to
convince Asian neighbors to end capital punishment.
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The San Quentin lethal injection suite |
Last month Prime
Minister Julia Gillard raised the death sentences imposed on Bali Nine heroin
smuggling ringleaders Andrew Chan and Myuran Sukumaran with Indonesian
President Susilo Bambang Yudhoyono.
The two have sought
clemency from Yudhoyono, their last chance of avoiding a firing squad by having
their death sentences commuted to life imprisonment.
But Yudhoyono has
already come under criticism for his decision to reduce the 20-year sentence
imposed on former Gold Coast beautician Schapelle Corby by five years, which,
with two years' remission earned for good behavior, brought her release date
back from 2024 to 2019.
The governor of Bali's
Kerobokan jail, where Corby was imprisoned after trying to smuggle 4.2kg of
cannabis into the island, has confirmed she has been recommended for a further
six-month reduction as part of this month's Indonesian Independence Day
celebrations.
Renae Lawrence, a former
Newcastle panel beater and the only female member of the Bali Nine, has also
been recommended for a six-month reduction in her 20-year sentence, following good
behavior remissions of more than two years.
The appearance of
L'aigulle in a Kuala Lumpur court yesterday has swung attention back to
Malaysia, which has executed three Australians for drug trafficking.
The hangings of Perth
men Kevin Barlow and Brian Chambers in 1986, the first Westerners executed
under the harsh mandatory sentences introduced in the Dangerous Drugs Act,
caused a serious rift between Australia and Malaysia.
In 1993 Malaysia
executed Queensland heroin trafficker Michael McAuliffe.
Although the death
sentence is also imposed for murder, treason and terrorism, most prisoners
facing execution have been given mandatory death sentences under Section 39B of
the Dangerous Drugs Act.
Anti-capital-punishment
activists Malaysians Against Death Penalty & Torture say 860 people are
awaiting execution. Amnesty International says two people were executed and a
further 324 sentenced to die between 2001 and 2011.
L'aiguille and Bird face
possible execution under an act that reverses the onus of proof by requiring
alleged traffickers to prove their innocence rather than the state establishing
guilt.
Bird was arrested at a
Kuala Lumpur coffee shop in March after allegedly offering to sell 168.7 grams
of methamphetamine to undercover agents.
L'aigulle was arrested
last month when detectives searched a parked car in which she was sitting and
claim to have found drugs beneath a seat.
But there are
indications Malaysia is rethinking its laws on capital punishment. It has
appealed for mercy for one of its nationals facing execution for drug
trafficking in Singapore and has been concerned by death sentences passed on
more Malaysians elsewhere in Asia.
Within Malaysia,
activists, including the nation's Bar Association, are calling for an end to
capital punishment, senior minister Nazri Bin Abdul Aziz has supported its
abolition, and the Government told the United Nations in 2009 it proposed
replacing death with life imprisonment.
Meanwhile, in Sydney,
federal police and customs said yesterday they had seized drugs worth A$500
million ($619.6 million) after a tip from the United States Drug Enforcement
Administration.
The drugs, concealed in
terracotta pots imported in containers through Port Botany, included 306kg of
methamphetamine and 252kg of heroin.
Seven men, four from
Hong Kong and three Australian residents but also Hong Kong nationals, have
been charged with conspiring to import and attempted possession of the drugs.
Peter’s Comment
State killing of convicted
criminals is barbaric.
It is most disturbing to
note that Malaysia has a law that requires an accused to prove his innocence or
face death. That law is unspeakably vile.
Throughout history
almost every country has had a death penalty for a variety of crimes, but crime
has never been reduced by severe punishment, or by executing criminals.
States have tried every
imaginable means of execution at their disposal but the tide of crime has never
been turned, except by improving socio-economic conditions.
Continued below . . .
The means of execution
have included burning, boiling, crucifixion, crushing, decapitating, disembowelment,
dismemberment, drawing and quartering, elephant stamping, flaying, impalement,
sawing, slow slicing and stoning. But nothing ever worked they way the exponents claimed
it would.
In theory severe
punishment teaches a lesson and makes the offender think carefully before
offending again. There are several things wrong with this theory. First, most
offenders are incapable of careful, rational thought and that exactly is why
they find themselves in trouble with the law in the first place. Second, if the
punishment is so severe that the offender dies, then the punishment is
pointless as well as useless because after death the offender feels nothing.
Some say that having a
death penalty acts as a deterrent. There are several things wrong with that
claim. First, a person committing, or planning, a violent crime thinks only of
the crime and not at all about the likely consequences. Second, many people
committing a violent crime actually welcome their own death and immediately
suicide after the crime.
Then there are the
really mean-spirited people who callously say that execution is better than
wasting money keeping criminals in prison. But they have got their facts totally
wrong. It costs more to process and execute a criminal, by millions of dollars,
than it does to lock them up for a lifetime.
Eighty-eight per cent of
academic criminologists say that the death penalty is not a deterrent. Unfortunately,
the masses who think they know will
never let the politicians do what is best and indeed many politicians make rash
promises on crime reduction purely to get elected.
That has happened
repeatedly in the USA. But America has executed 13,000 people since colonial
times. Crime has reduced in America over a long period of time, but that has
been due to better living standards rather than punishment. Meanwhile the USA
remains one of 19 countries worldwide that supports the death penalty.
So to conclude, I return
to my earlier statement about socio-economic conditions. The patterns are well
established throughout history and clearly show that increases in crime can be
directly related to levels of unemployment, financial stress, hopelessness and
frustration.