Pendakwa Raya v Phrueksa Taemchim & Ors

Appellant(s): Pendakwa Raya

Respondent(s): Jiva A/L Gopal Krishnan

• YAA Datuk Seri Utama Wan Ahmad Farid Bin Wan Salleh
• YAA Dato' Abu Bakar Bin Jais
• YAA Tan Sri Hasnah binti Dato' Mohammed Hashim
• YAA Datuk Hajah Azizah binti Haji Nawawi
• YA Dato' Che Mohd Ruzima Bin Ghazali

• The respondents were convicted of drug trafficking under Section 39B(1)(a) of the Dangerous Drugs Act 1952, carrying a mandatory death sentence, which was affirmed by the Federal Court.
• Subsequently, the respondents were granted royal pardons by their respective Pardons Boards under Article 42 of the Federal Constitution, commuting their death sentences to 30 years imprisonment, effective from the date of the pardon decision.
• Despite receiving pardons, the respondents applied to the Federal Court under Section 2 of the Death Penalty and Life Imprisonment Review (Temporary Jurisdiction of the Federal Court) Act 2023 (Act 847) to review their sentences.
• On 27.8.2024, a 2-1 majority of the Federal Court allowed these applications, replacing the death sentences with 30 years imprisonment commencing from their date of arrest. The Public Prosecutor then sought a review of this decision under Rule 137 of the Federal Court Rules 1995.

• Whether the Federal Court had jurisdiction under Section 2 of Act 847 to review the sentences of individuals who had already been granted royal pardons under Article 42 of the Federal Constitution.
• Whether individuals whose death sentences were commuted to imprisonment by a royal pardon fall within the category of "any person sentenced to death" eligible to apply for review under Section 3(1) of Act 847.
• Whether the Federal Court possesses the power to alter or set aside decisions made by the Pardons Board, which are an exercise of the royal prerogative of mercy.

• The Court unanimously allowed the Public Prosecutor's review application, setting aside the Federal Court's majority decision of 27.8.2024 and all orders made pursuant to it.
• The Court held that a literal interpretation of Section 2(1) of Act 847 grants the Federal Court temporary review jurisdiction only for death sentences that are still in effect or where a pardon application has been rejected, and for life imprisonment sentences.
• The Court ruled that individuals whose death sentences had already been commuted to imprisonment by a royal pardon were no longer "persons sentenced to death" and thus lacked the standing to apply for review under Section 3(1) of Act 847.
• The Court affirmed the long-standing principle that decisions of the Pardons Board, being an exercise of the royal prerogative of mercy under Article 42 of the Federal Constitution, are non-justiciable and cannot be challenged or altered by the Courts.