Malaysian Drug Trafficker Loses Bid to Escape Death Sentence in Singapore

Yong Vui Kong, a 23-year-old Malaysian who faces execution for smuggling 47 grams (1.7 ounces) of heroin to Singapore, lost a bid at the city state’s highest court for a presidential review of his sentence.

Yong’s lawyer M. Ravi asked a 3-judge appeal panel to re-examine Singapore’s clemency process, in the 1st case of its kind. Ravi had argued the president had the power to grant a pardon, rather than Prime Minister Lee Hsien Loong’s cabinet, which had earlier advised President SR Nathan not to commute the sentence.

Yong’s appeal was “devoid of merit,” Chief Justice Chan Sek Keong said in delivering the verdict today on behalf of a three-judge panel.

Singapore, which has one of the world’s lowest crime rates, according to the United Nations Office on Drugs and Crimes, has a mandatory death sentence for drug smuggling. Yong had lost an earlier appeal in which he argued the mandatory provision was unconstitutional.

Ravi said he plans to appeal again to the city state’s cabinet seeking clemency.

“He was hoping for the best,” Ravi said after the ruling. “He’s deeply disappointed and aggrieved by the judgment.”

Yong, who appeared in court today in a purple prison jumpsuit with his head shaved, was a former kitchen helper who sold DVDs in a night market. He claimed he tried to provide money for his mother by smuggling drugs into Singapore. An online petition appealing for clemency for Yong had at least 42,039 signatures.

Mandatory Death Sentence

Singapore also imposes a mandatory death sentence for murder and some firearms offenses. The city’s overall crime rate slipped 0.6 percent to 32,986 cases last year, according to data from the police.

“We take a very serious view of drug trafficking,” Lee said in December 2005, when he dismissed Australia’s calls to commute Australian drug smuggler Nguyen Tuong Van’s death sentence. “The penalty is death.”

Nguyen’s death sentence for smuggling 396 grams of heroin into Singapore in 2002 caused an uproar in Australia. Consumers, politicians and newspapers editorials there called for boycotts of companies including Singapore Telecommunications Ltd.’s Optus unit and Singapore Airlines Ltd.

The case is Yong Vui Kong v Attorney-General CA144/2010 in the Singapore Court of Appeal.

Click here to sign an online petition urging Singapore's president to commute Yong Vui Kong's death sentence to a prison sentence.

Source: Bloomberg News, April 4, 2011

Court upholds death sentence against Vui Kong in drug case

SINGAPORE: The Court of Appeal here has dismissed the appeal by Sabah-born Yong Vui Kong, 23, who was sentenced to death by the High Court for possession of 47.27gm of heroin.

The appeal was dismissed in a joint judgment by Chief Justice Chan Sek Keong and Judges of Appeal Justice Andrew Phang Boon Leong and Justice V.K. Rajah yesterday.

Vui Kong’s lawyer M. Ravi had brought up several points in the appeal, including a statement by the republic’s Law Minister K. Shanmugam who commented last May that he should not be pardoned as it could lead to an increase in drug-related activities in the country.

The statement was made before Yong could submit his clemency application to Singapore president S.R. Nathan.

Before announcing their judgment, Chan explained that the three judges had unanimously agreed that the appeal had no merit and should be dismissed.

Vui Kong, who kept looking down during the whole process, seemed distraught when the decision was finally made.

Outside the court, his elder brother Vun Leong, 26, said he was saddened by the court’s decision.

“I feel that they are being unfair to my brother as he was young, uneducated and easily influenced at the time of the incident.

“I hope the Malaysian Government will help him as he has changed for the better,” he said.

Vun Leong said he had yet to break the news to his mother.

Ravi said he would continue with his clemency petition to the Singapore president.

“Although the decision is very disappointing, we will not give up and will submit the clemency petition to the president within the next three months,” he said, adding that the president then had three months to reply.

“We will also be appealing to the Malaysian Government to intercede on Vui Kong’s behalf. Hopefully, it will make a difference,” he said.

Ravi said he would also be filing an official complaint on the Appeal Court’s decision to the International Court of Justice.

“We hope the Malaysian Government will strongly back us on this,” he said.

Vui Kong was caught in June 2007 when he was 18 and was sentenced to death in January 2009.

Source: The Star, April 5, 2011
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