Resentencing in Capital Cases

9 Dec (Sat) - 10 Dec 2023 (Sun) / 2 day / 9:00am - 6:00pm /
Raja Aziz Addruse Auditorium, Level 2, Wisma Badan Peguam Malaysia, 2 Leboh Pasar Besar, 50050 Kuala Lumpur

The Bar Council Criminal Law Committee (“CLC”), together with Reprieve, a non-governmental organisation from the United Kingdom, is organising a webinar that will introduce overarching aspects of mitigation investigation and adducing mitigation evidence in resentencing applications.

Member (SLS & AAS): RM 0
Member: RM 0
Law Student: RM 0
Pupil in Chambers: RM 0
Non-Member: RM 0
Organisers: Bar Council, Reprieve

CPD Points:
Event Code:


The “Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 [Act 847]” took effect on 12 Sept 2023.

In line with that, the Bar Council Criminal Law Committee (“CLC”), together with Reprieve, a non-governmental organisation from the United Kingdom, is organising a webinar that will introduce overarching aspects of mitigation investigation and adducing mitigation evidence in resentencing applications.

This two-day training will cover the following areas:

  • Fundamentals of litigation;
  • Mitigation for communities and demographics;
  • Post-conviction mitigation;
  • Mental illness and other mental impairments of inmates; and
  • Best practices in client interviewing.

This webinar is free of charge, but advance registration is required.

Upon successful registration, a link to the webinar will be emailed to registered participants only. Registration will close on 8 Dec 2023 at 12 pm.

Please note that no additional registration will be accepted once the closing date has passed, or if the webinar is full (whichever comes first).

We may not permit future registration if you fail to attend the webinar after registering, unless you provide an acceptable and valid reason(s).

Should you have any enquiries, please contact:

Florence Laway (florence@malaysianbar.org.my)
Rajeswari Gunarasa (rajeswari@malaysianbar.org.my)

This is a collaboration between the Bar Council Criminal Law Committee and Reprieve.


Bwighane Mwenifumbo
Bwighane is the Chief Legal Advocate of the Malawi Legal Aid Bureau where she oversees the Bureau’s legal team in the provision of legal services to indigent Malawians. She is a qualified legal practitioner of nine years’ standing at the Malawi Bar. She is an advocate of the High Court and Supreme Court of Malawi (Yes) and is a member of the Malawi Law Society. Her extensive work in the criminal justice system has involved representing a large number of defendants in capital cases. She also represented many applicants in the Kafantayeni Sentence Rehearing Project [is it more accurately the Kafantayeni ResentencingProject?] Yes you can use what you have suggested. This Project helped to reduce the sentences of over 150 death row inmates in Malawi, resulting in many releases from prison. Yes, it is correct. She is a Fellow of the Makwanyane Institute for Capital Defence Lawyers and has participated in training capital defence lawyers from all over Africa.

Shreya Rastogi
Shreya Rastogi is the Founding Member of Project 39A, a criminal justice centre at National Law University Delhi working on issues relating to the death penalty, mental health, forensics, prevention of torture, and legal aid. As part of its death penalty efforts, Project 39A provides pro bono legal representation to prisoners sentenced to death and conducts rigorous empirical and doctrinal research on the death penalty in India. Shreya heads the Death Penalty Litigation team at Project 39A, and regularly appears before the Indian Supreme Court and various High Courts in its pro bono death penalty matters. She was also the Deputy Director and Assistant Author of the Death Penalty India Report (2016), which was a first-of-its-kind report on the socio-economic profile of death row prisoners across India and their experience through the criminal justice system. At Project 39A, Shreya also heads the work on forensics, which aims to promote the use of valid and reliable science within the criminal justice system.

Kitson Foong
Kitson is widely recognised amongst his peers as one of Malaysia’s best criminal lawyers with extensive experience in handling complex trials and appeals . Professional, tenacious and assertive, he is a sought after-lawyer who has built his reputation as “one of the best cross examiners in the business.” Lightning quick on his feet, Kitson continues to deliver case-winning results for his clients across the State, Court of Appeal and Federal Court of Malaysia. In a legal career spanning three decades, he honourably served in public service and private practice. As Vice-President (Legal & Corporate) at Malaysia’s Northern Corridor Implementation Authority (‘NCIA/Koridor Utara’), Senior Legal Specialist in Health, Safety and Environmental Law at Qatar Petroleum as well as Corporate Advisor to several GLC’s and public listed companies. An active member of the Malaysian Bar, Kitson served with distinction on the Malaysian Bar’s Criminal Law and Common Bar Course Committees. He is credited with having co-founded the Malaysian Bar’s Legal Aid ‘Dock Brief’ and Prison programmes which provides free legal representation to underprivileged persons. Kitson remains a passionate legal educator who regularly give talks and training workshops to Session Court judges, Regis trars, Deputy Public Prosecutors, police officers at Malaysia’s Judicial and Legal Training Institute (ILKAP). Whether you’re charged with a serious crime, require an experienced Senior Counsel with a strong record of success to argue your case or are in n eed of practical legal advice to guide you through the maze of Malaysia’s criminal law and Malaysian criminal procedure, Kitson Foong is your lawyer of choice.

Terms and Conditions

Event Policy

Places are limited and registration is on a first-come, first-served basis.

For events with registration fees, all payments must be made in advance, including bank charges. Registration will be confirmed once proof of payment is provided by email or fax, and full payment is received.

For events that are not organised by Bar Council, please note that you are subject to the relevant terms and conditions specified by the external providers.


Cancellations must be made in writing.

If you have failed to inform the organiser on your cancellation for three consecutive times, you may be blacklisted for future events.


Refunds will be processed after the event is completed. This may take up to 30 business days. The conditions for refunds are as follows:

  • Full refunds will be issued if the event is cancelled or postponed by the organiser due to some circumstances.
  • No refunds for this course. However substitution is allowed.

The organiser reserves the right to modify, cancel or postpone the event, should circumstances arise that make such action necessary, whereupon all registration fees paid will be refunded.


You are allowed to transfer your place to another participant, but you must notify the organiser with the necessary details.


CPD points will not be awarded to lawyers and pupils in chambers from Peninsular Malaysia who arrive more than 15 minutes late, are not present throughout the event, or leave before its scheduled end.


The personal information that you provide to the Bar Council, whether now or in the future, may be used, recorded, stored, disclosed or otherwise processed by or on behalf of the Bar Council for the purposes of facilitation and organisation of this event, research and audit, maintenance of a participant database for the promotion of this event, and such ancillary services as may be relevant.


  • Materials will be emailed only. No printed notes will be provided.
  • No recording of the event is permitted via any means at any time.
  • No part of the event content may be used/reproduced in any form without the written and explicit consent of the Bar Council and speaker(s).



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