Man, 36, seeks to quash 12 rotan strokes that could kill him

Summary

• A man, 36, seeks an apex court order to nullify his 12 rotan stroke sentence, which he fears could kill him.

• The Federal Court last year commuted J Sivachandran's death penalty for murder to 30 years in jail and 12 rotan strokes.

A 36-year-old man who fears death from 12 rotan strokes has turned to the apex court to nullify the sentence.

The Federal Court has set Monday next week to hear J Sivachandran’s review application against the penalty over a murder case against him.

According to cause papers, the apex court on Oct 3 last year allowed his appeal against the death sentence, resulting in a new sentencing of 30 years imprisonment and 12 rotan strokes.

Sivachandran contended that the caning penalty has a real risk of causing his death and goes against his fundamental right to life and liberty, as well as equality before the law safeguarded by Articles 5 and 8 of the Federal Constitution.

He seeks a stay of execution of the whipping sentence pending the disposal of his review.

Similar facts

Sivachandran cited the case of a former inmate from Pokok Sena Prison, Kedah, who was pronounced dead due to “septic sequelae to blunt force trauma to the gluteal region” after carrying out a caning sentence against the deceased on Sept 25 last year.

The applicant is of the view that the facts of Zaidi’s case are similar to the applicant’s case, as Zaidi was also previously sentenced to death - later commuted to 33 years in jail and 12 strokes of the rotan - and had appealed against his sentence.

“The applicant believes that based on the case of Zaidi, the sentence of caning is an unconstitutional sentence contrary to Article 5 of the Federal Constitution, which provides for the right to life.

“The applicant sincerely believes that in the event that a similar sentence is carried out against the applicant, the applicant’s right to life pursuant to Article 5 of the Federal Constitution will be severely prejudiced.

“There is a real life-threatening risk that exists against the applicant should the whipping sentence be carried out against the applicant pursuant to the said order,” said Sivachandran, who is represented by the law firm Raj & Sach.

On Feb 28, 2019, the Temerloh High Court convicted the 36-year-old of murder under Section 302 of the Penal Code and handed him the death penalty.

On Jan 10, 2023, the Court of Appeal upheld the guilty verdict and death sentence against him.

Then last year, the apex court allowed his appeal over sentencing and substituted his sentencing with 30 years imprisonment and 12 rotan strokes.

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