For the death penalty to be considered as a punishment for serious drug offenders, the 2013 Constitution would need to be changed, says acting Chief Justice Salesi Temo.
While speaking at the ODPP Annual Conference in Sigatoka yesterday, Justice Temo addressed calls for the death penalty to be included as a punishment under the draft Counter Narcotics Bill.
“The way I see it, the Bill doesn’t contain any suggestion of the death penalty and I don’t think the death penalty is possible with the 2013 Constitution in place,” Justice Temo said.
“If it has to be brought in, first we’ve got to amend the Constitution, and I think that will be a big hoo-ha between politicians and the members of the public.
“Yes, I can understand the Minister of Women and Child Protection for calling for the death penalty, so much similar to Indonesia and South-East Asian countries.
“But why don’t the politicians assist the courts by defining the penalties?
“Or do you want to leave it to us to define the penalties? Because you still have a broad range.”
Acting DPP, Nancy Tikoisuva said the Constitution was clear on the protection of people’s lives.
“The Constitution is the supreme law at the moment and the right to life is paramount and as a prosecuting body we have to respect that,” said Ms Tikoisuva.
“It is definitely not the position of the DPP for the death penalty.”
Consultations on the Anti-Narcotics Bill will be carried out with the judiciary and the ODPP soon. A nation wide consultation on the proposed Bill will also follow.
