With his wedding just a month away, he accompanied his father and stepmother to meet their friends nearby, an encounter that would change his life forever.
While at the gathering, a member of the group placed a gym bag on the ground. Suddenly, officers emerged from the bushes, startling those present.
Confused and apprehensive, Amirul found himself detained and interrogated by the police. That was when he discovered that the gathering was a drug deal. The police had found 10kg of cannabis in the bag.
Amirul was in police custody for almost eight years while his trial was ongoing in the High Court. His father died in prison before the first court hearing. His mother died not long after his arrest.
In 2009, Amirul was sentenced to death by the High Court under Section 39B of the Dangerous Drugs Act 1952 (DDA), read together with Section 34 of the Penal Code, for drug trafficking, a crime he insists he never committed.
Section 34 says everyone in a group of persons acting with a common intention is equally liable for the offence.
“I was confused when I was sentenced to death on Dec 21, 2009. At that point, my life felt empty. My mother and father had died and I had nothing left,” he told FMT.
His appeal was rejected by the Court of Appeal in 2012, and the Federal Court two years later. Both appellate courts held that Section 34 was applicable in the circumstances of his case.
After his sentencing, Amirul sought solace in religion, studying by himself, and learning from wardens and, on rare occasions, visiting scholars.
“I wanted to take an interpretation (of Quran and Hadith) course, but for years I wasn’t even able to secure a tutor, so I had to learn about the religion myself.
“I took good care of my prayers and I recited the holy book (often),” Amirul said.
His prayers were answered when the Abolition of Mandatory Death Penalty Act 2023 and the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of The Federal Court) Act 2023 came into force on July 4 and Sept 12 last year.
A friend provided him with contact details for Hayati Mohamed, chairman of Pertubuhan Keluarga Kasih (KeKasih), the death row support group.
“Hayati has transformed my life by restoring my hope. She has consistently been a pillar of support and one of the kindest people I’ve ever encountered.
“At the review, I was asked if any of my family members were present. I looked around, but none of my 14 siblings were there. Then I saw Hayati raising her hand,” Amirul recounted, tears welling up in his eyes.
After the review, his sentence was revised to 30 years’ imprisonment, of which he has completed two-thirds. He has also received 12 strokes of the cane. Administered in one session, the flogging has resulted in Amirul developing a nerve problem, causing frequent numbness in his legs.
Nevertheless, the joy of becoming a free man on April 4 eclipses his physical problems. Amirul remarked that the world has become almost unrecognisable, with cashless transactions and advanced infrastructure in Kuala Lumpur.
However, Amirul said he continues to face challenges in securing employment due to the persistent stigma attached to former convicts. He currently receives support from KeKasih for accommodation and basic necessities.
“Everyone deserves a second chance. If given the opportunity, I will not squander it. Despite my age, I still have dreams, to marry, own a house, and have a car, just like everyone else.”
Need to amend Dangerous Drugs Act 1952
Dobby Chew, CEO of human rights NGO Hayat, said that Amirul was convicted based on provisions in the DDA, which allow for the invocation of presumptions against the accused.
Once invoked, the burden lies with accused persons to prove their innocence, reversing the usual rule which stipulates that an accused is innocent until proven guilty.
Chew highlighted cases where people have been unknowingly detained with drugs, compelling them to go to extensive lengths to prove their innocence despite lacking resources such as legal representation and the difficulty in obtaining evidence.
“Due to these legal presumptions, people often face significant challenges in proving the drugs do not belong to them,” Chew told FMT.
If removing the legal presumption disadvantages prosecutors, he said the government should at least consider amending the criteria under Section 37(da) of the DDA to ensure that the presumption of trafficking is only raised if a “significant” quantity of drugs is found on an accused person.
“Setting higher thresholds would be more reasonable,” he added.