DAP’s Bukit Gelugor MP Ramkarpal Singh said MCA’s proposal to allow sex offenders to be punished more than once for the same offence is unconstitutional.

Ramkarpal, who is a lawyer, said this in reference to MCA Wanita chief Heng Seai Kie’s proposal to allow for a double jeopardy law against sex offenders amid the impending return of serial rapist Selva Kumar Subbiah.

“There can be no doubt that sexual offences are possibly the most heinous of crimes which ought to be severely punished but Heng’s suggestion cannot be entertained as same flies in the face of Article 7(2) of the Federal Constitution,” said Ramkarpal.

Article 7(2) states that a person acquitted or convicted of an offence cannot be tried again for the same offence unless the conviction or acquittal was quashed or a retrial is ordered.

“The above is a constitutional guarantee that no one can be tried for the same offence twice which has come to be known as the rule against double jeopardy...

“Abolishing the rule against double jeopardy for any offence is dangerous as this may be abused and may result in repeated convictions on offenders for the same offence with no end in sight,” said Ramkarpal.

Ramkarpal said Heng’s suggestion can only be made possible with a constitutional amendment.

Instead of pushing for double jeopardy laws, Ramkarpal suggested that efforts be focused on avoiding the recurrence of sexual offences such as the possible introduction of a national registry of sex offenders or requiring repeat offenders to wear tracking devices.

“There can be no doubt that all parties, regardless of political affiliation, would be united in such a cause but demanding the abolition of the rule against double jeopardy is certainly a step in the wrong direction,” he said.

Yesterday, Heng reportedly expressed concern about the Selva’s impending return to Malaysia and the possibility that he would repeat his crimes in Malaysia.

She reportedly said: “Although they have served time behind bars abroad for offences committed overseas, they must face similar charges and conviction on home soil.”

Selva is expected to be deported to Malaysia after serving a 24-year jail sentence in Canada for 26 counts of sexual assault against more than 30 victims, including four minors as young as 14-years-old.

Selva documented his victims, which led to police discovering a cache of information involving 500 women.

The 56-year-old was denied parole in 2014 as he was deemed to be a person with a high risk to reoffend.