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474 Malayan Law Journal [2017] 1 MLJ meremitkan semula guaman ke Mahkamah Tinggi untuk perbicaraan penuh: (1) Keadaan di bawah perkara 5 Perlembagaan Persekutuan boleh digunakan untuk bantuan kepada orang yang terkilan tidak tertutup dan ia adalah dalam kuasa-kuasa mahkamah untuk memberi ‘flesh’ kepada kenyataan-kenyataan abstrak dalam keadaan konkrit apabila ia berbangkit, seperti dalam keadaan fakta kes ini di mana terdapat kelewatan dalam menjalankan hukuman mati ditambah pula dengan keadaan mental perayu yang teruk. Mahkamah oleh itu jelas dan pasti mempunyai bidang kuasa yang perlu untuk secara kehakiman menentukan isu-isu yang dibangkitkan oleh perayu dalam guaman tersebut (lihat perenggan 33–34). (2) Fakta bahawa perayu mengalami gangguan mental yang serius adalah diakui oleh peguam persekutuan kanan yang bijaksana dan dibuktikan atas rekod perubatan perayu daripada Hospital Bahagia, Ulu Kinta. Oleh itu, terdapat kes cukup munasabah dan boleh dipertikaikan dibuat oleh perayu dan atas fakta ini perayu tidak patut dinafikan hak untuk didengar keseluruhannya atas guamannya (lihat perenggan 39–40).] Notes For cases on application to strike out action, see 2(5) Mallal’s Digest (5th Ed, 2015) paras 8809–8847. Cases referred to Bandar Builder Sdn Bhd & Ors v United Malayan Banking Corporation Bhd [1993] 3 MLJ 36; [1993] 4 CLJ 7, SC (refd) Chiow Thiam Guan v Superintendent of Pudu Prison & The Government of Malaysia and connected appeals [1983] 2 MLJ 116, FC (refd) Jabar v PP [1995] 1 SLR 617, CA (refd) Lee Kwan Woh v PP [1983] 2 MLJ 116, FC (refd) Navneet Kaur v State of NCT Delhi & Anr [2014] 7 SCC 264, SC (refd) Ong Ah Chuan v PP [1981] AC 648, PC (refd) Pratt v A-G for Jamaica [1994] 2 AC 1, PC (refd) Shatrughan Chauhan & Anr v Union of India & Ors [2014] 3 SCC 1, SC (refd) Sher Singh v State of Punjab 1983 AIR 465, SC (refd) Smt Triveniben & Ors v State of Gujarat & Ors 1989 AIR 1335, SC (refd) Legislation referred to Criminal Procedure Code s 281, 281(a)(ii) Federal Constitution arts 5, 5(1), 8(1), 21, 42 Constitution of Indian 1962 art 21 Constitution of Singapore Rules of Court 2012 O 18 r 19(1)(a), (1)(b), (1)(d) The Jamaica Constitution s 17(1) A B C D E F G H I

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MICHAEL PHILIP SPEARS

CASE BRIEF

Jurisdiction

Malaysia

Nationalities

Nigerian

Case Title: Michael Philip Spears (Federal Court Criminal Appeal No. 05-18/2003(W))

Age at Offence: 25

Age Group at Offence: Adult (18 to 59)

Gender: Male

Religious Group at Offence: Unknown

Vulnerable/ Marginalised Group

Foreign National
Person with Disabilities: Mental

Jurisdiction - Geolocation

Latitude: 4.2105

Longitude: 101.9758

Jurisdiction - Geolocation (linked CASE BRIEF): Malaysia

Contributing TRP Partner

Malaysian Centre for Constitutionalism and Human Rights (Malaysia)

Latest Country's Death Penalty Status

Retentionist

Case Current Status: Closed: Commuted

Year when sentenced to Death Row: 2000s: 2000

Rights Allegedly Violated

Torture: Death row phenomenon
Torture: Solitary confinement

Nature of Offences for Death Penalty

Murder: Multiple Victims
Murder: Single Victim

Expert Evidence

Mental Health: Other
Mental Health: Psychiatrist

Case Background (300 words max): The applicant was arrested on 21 February 1997 in Chow Kit Kuala Lumpur and subsequently charged with three counts of murder under s302 of the Penal Code. The High Court of Kuala Lumpur sentenced the applicant to mandatory death for murder on 13 June 2000. On 21 May 2003, the Court of Appeal dismissed the applicant's appeal. Subsequently, on 1 August 2008, the Federal Court dismissed his appeal.

Despite the applicant’s petition for clemency, the Pardons Board rejected the applicant's petition on 30 July 2013 and the prison authorities were only informed of the decision on 29 November 2013. The applicant was scheduled to be executed on 14 March 2014 but it was called off just before the said date of execution. As a result of the efforts of Amnesty International, the then President Malaysian Bar, Members of Parliament and the then Attorney General, Yang di- Pertuan Agong granted a reprieve from the Applicant's execution.

On 11 June 2014, the applicant commenced a civil suit against the Prison Department, alleging that no death sentence could be undertaken or implemented due to his mental disorder. On 23 October 2014, the High Court dismissed the civil suit. On appeal, the Court of Appeal allowed the applicant to take leave to apply given the new fact that the applicant was suffering from a serious mental disorder. The fresh evidence adduced, namely the Medical Board of the applicant from Hospital Bahagia, Ulu Kinta evidenced the further fact that the applicant had been diagnosed with 'schizophrenia' even as early as or about the 6 December 2004. On 20 July 2016, the Pardons Board pardoned the applicant and commuted the death penalty with imprisonment for a term of natural life.

The Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of The Federal Court) Act 2023 was introduced and took effect on 12 September 2023 to confer the Federal Court the jurisdiction to undertake the resentencing of the prisoners who have been sentenced to death or being imprisoned for natural life. An application for resentencing was filed on behalf of Michael Philip Spears in the Federal Court.

The Federal Court took into account amongst others, the individualised mitigating circumstances of the Applicant to review the natural life sentence imposed on him which includes that he has served more than 26 years from his date of arrest. The Federal Court accepts the principle that the court shall consider any mitigating circumstances regarding the offence and the applicant that might earn the applicant the court's compassion. The applicant was re-sentenced to 40 years from the date of arrest which was on 21 February 1997 and he is currently a free man and has returned to his home country in Nigeria.

Defence Arguments (200 words max.): On June 11, 2014, Spears instituted the suit against the government, claiming that his remand and detention from the date of arrest was in breach of Article 5 of the Federal Constitution.

He said it also constituted a grave injustice and denied him the right of a speedy trial and a swift execution of sentence.

He further alleged that his solitary confinement for 23 hours per day had caused him to become virtually insane and of unsound mind, and required him to undergo psychiatric treatment.

At the Court of Appeal, the Medical Board of the Applicant from Hospital Bahagia, Ulu Kinta confirmed that the applicant had been diagnosed with 'schizophrenia' even as early as or about 6 December 2004. The argument was accepted and a civil suit was permitted.

At the Federal Court, the defense centred on the fact that the applicant had been, at the date of the resentencing application on 17 January 2024, in prison for more than 26 years.

Judgement with Headnotes (200 words max): On 11 June 2014, the Applicant commenced a civil suit against the Prison Department and the Government of Malaysia for inter alia: a. A declaration that the carrying out of the death sentence meted out on 13.06.2000 by the High Court shall not be undertaken or implemented due to the Client's mental disorder; and b. An order that the carrying out of the death sentence meted out on 13.06.2000 by the High Court be forthwith suspended and/or stayed permanently due to his mental disorder.

On 18 November 2016, the Court of Appeal allowed the appeal and the stay of execution of the applicant. The Court of Appeal held that the fact that the Applicant was suffering from a serious mental disorder. The fresh evidence adduced, namely the Medical Board of the Applicant from Hospital Bahagia, Ulu Kinta evidenced the further fact that the applicant had been diagnosed with 'schizophrenia' even as early as or about 6 December 2004.

On 17 January 2024, the Federal Court took into account amongst others, the individualised mitigating circumstances of the Applicant to review the natural life sentence imposed on him which include that he has served more than 26 years from his date of arrest. The Federal Court accepts the principle that the court shall consider any mitigating circumstances regarding the offence and the applicant that might earn the applicant the court's compassion. The applicant was re-sentenced to 40 years from the date of arrest which was on 21 February 1997 and he is currently a free man and has returned to his home country in Nigeria.

Legal Representation Received

Second Appeal: Pro bono
Pre-trial: Unknown
Trial: Unknown
Appeal: Unknown

Special Procedures Used

Ministries
National Human Rights Institutions

Legislation Related to the Offence(s): Section 302 of the Penal Code for murder

Case Brief Entry Status: Complete

Language of Case Materials

English
Malay

Is the case brief featured?: No

Primary Documents

Michael_Philip_Spears_v_Ketua_Pengarah_Penjara_Kajang_&_Anor_and_another_appeal.pdf
English
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Death Penalty Defence - Asia

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MICHAEL PHILIP SPEARS

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