When political cartoonist Zunar was slapped with nine sedition charges, his lawyers were criticised for exaggerating that he may be imprisoned for up 43 years.

 

This is because a sentence is, by default, meted out concurrently unless specified otherwise by the court.

 

However, if an amendment to Section 282 of the Criminal Procedure Code (CPC) is allowed to go ahead, it will guarantee that cases similar to Zunar's ( left ) will see decades-long jail time.

 

The amendment will make it compulsory for sentences to be served consecutively if someone is convicted of more than one charge in the same trial.

 

It introduces Section 282(e) which states: "When a person is convicted at one trial of any two or more offences, the Court shall not order the sentences of imprisonment to run concurrently."

 

This is among several proposed changes to the CPC tabled in Parliament on Monday, but it was put off today.

 

However, the likelihood of decades-long jail terms becoming commonplace remains real as the amendment bill is only deferred and may be brought back in the subsequent Parliament sitting.

 

Lawyer Syahredzan Johan called the proposed amendment unnecessary as it takes away the discretion of the courts to decide on whether sentences should run concurrently or consecutively.

 

"These amendments are actually bypassing the judiciary.

 

"While the offence may be the same but at the same time the motivations, reasoning and personal circumstances of the convicted person may differ from another.

 

"You cannot have a one size fits all sort of punishment," Syahredzan told Malaysiakini when contacted.

 

Lack of trust

He said the CPC amendment as well as changes to the Sedition Act to bind the courts to a higher minimum prison sentence comes across as Putrajaya lacking trust in the judiciary.

 

"Why is the government not trusting its own judiciary (to decide on sentences)?" he asked.

 

However, fortunately for Zunar, whose real name is Zulkiflee Anwar Haque, he will be spared from a compulsory consecutive sentence if he is found guilty even if the CPC amendment is passed in the next few months.

 

Others who come after him, once the amendment is passed, will not be so fortunate.

 

Syahredzan ( right ) said the principle that a person should not be convicted of a crime if it is not unlawful during the time of the act should likewise apply to criminal procedures, and in this case, the CPC.

 

"The same principle applies here. You cannot charge someone and later say he will be subjected to a heavier punishment," he said.