PETALING JAYA: Based on his first media interview yesterday, there is very little chance that Malaysia can ever extradite ex-police commando Sirul Azhar Umar, who was sentenced to death for murder in 2009, from Australia.

This is because based on his remarks to Al Jazeera’s 101 East programme, it appears that Sirul has no intention of applying to the Malaysian courts to commute his death sentence.

It was reported that Australia does not recognise the death penalty and because of that, Sirul cannot be extradited back to Malaysia.

“I don’t want to go back (to Malaysia). Please give me a second chance,” Sirul said in his interview with Al Jazeera.

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“I feel in danger there because I’m aware that it’s truly unsafe for me to return (to Malaysia). Whatever happens I want to build a life with my child here in Australia”.

Former Bar Council president and criminal lawyer Salim Bashir said for Sirul to be extradited back to Malaysia, he must first apply to the courts to review his death sentence.

“To our knowledge, there has been no application by Sirul for his sentence to be reviewed.

“He has to either do this in person or through his solicitor. But he must also be present in court during the hearing,” Salim said when contacted.

Malaysia had abolished the mandatory death sentence from July 4, to vary the sentence relating to imprisonment for natural life and whipping.

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Under the Abolition of the Mandatory Death Penalty Act 2023 (Act 846), the court now has the discretion to impose the death penalty or imprisonment for a period of not less than 30 years, but not exceeding 40 years, and if not sentenced to death, shall also be punished with whipping of not less than 12 strokes.

Under the Act, all Malaysian death row prisoners now have until Dec 12 to apply to review their sentences, Salim said, adding that extensions could only be given in extenuating circumstances. Even if Sirul does apply to review his sentence, the court still has the discretion to maintain it, he added.

“What was abolished was the mandatory death sentence. Not the death sentence itself. The court still has the discretion to maintain the death sentence,” he said.

Salim said if Sirul did not apply for his punishment to be reviewed, his death sentence in Malaysia would remain, adding that the government cannot apply on Sirul’s behalf. “Because his death sentence remains, he cannot be extradited from Australia.”