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"Singapore: Disneyland
with the Death Penalty" |
In September last year, he was convicted of murdering a man.
His appeal against the conviction, which carries the mandatory death penalty, was dismissed.
But can recent proposed changes to the death penalty see a change in Fabian Adiu Edwin's situation?
Under changes proposed in Parliament last month, death may no longer be the mandatory penalty in certain murder and drug trafficking cases.
Rather, judges will be given the discretion to decide on a death sentence or life imprisonment for such cases, said Deputy Prime Minister and Home Affairs Minister Teo Chee Hean, and Law Minister K. Shanmugam at the time.
Yesterday, Fabian's lawyer, Mr Anand Nalachandran, attempted to persuade the Court of charges other than that of murder.
Factors such as Fabian's conduct after the attack - he went back to Malaysia and returned the next day for work - and his low intelligence showed he did not appreciate the fatal injuries that could have and did ensue, he said.
But the Court of Appeal dismissed the appeal, upholding Fabian's conviction under Section 300C of the Penal Code.
This is the offence of murder committed with the intention of causing such bodily injury as ordinarily causes death.
It is 1 of 3 types of murder charges for which the mandatory death penalty may be removed.
Intention to kill
Under the proposed law, only one type of murder charge - where there is an intention to kill - will carry this penalty.
Once it is in place, accused persons who meet the requirement can choose to be considered for resentencing.
All executions have been deferred since the review on the death penalty was initiated a year ago.
Fabian could be eligible for resentencing, Mr Nalachandran said. But for now, the petition for clemency will be prepared in due course.
"As and when such amendments are enacted, we will review the provisions and advise (Fabian)," he said, adding that Fabian is aware of the recent announcements.
Lawyer and former district judge Edmond Pereira said it was unlikely Fabian would benefit from the proposed changes.
Pointing out that Edwin's conviction and failed appeal came before any changes in law, he said: "A change in the law doesn't mean that all cases falling under the affected sections will be immediately reconsidered.
"If the Court of Appeal had found merits in Fabian's case, they would have allowed the appeal."
Lawyer Shashi Nathan, who currently has 4 or 5 cases which might be affected by any new rulings, added that while amendments to the mandatory death penalty are being welcomed, there are still issues to be ironed out.
For murder, for example, an issue would be the complex nature of its facts.
"How the offence is classified is important, and is sometimes a matter of interpretation," he said.
What is certain though, is the proposed amendments give some hope.
"Any lawyer who has a client on death row would say the same - we'll try our best to save his life," said Mr Nathan.
About The Case
Construction worker, Fabian Adiu Edwin, 22, was riding his bicycle on the night of Aug 23, 2008, with his friend Ellarry Puling, 28, a cleaner.
Both were looking for victims to rob, and found Mr Loh sitting at a Sims Avenue bus stop, with a phone to his ear.
With Ellarry as lookout, Fabian attacked, using a 513g wooden block - about 45cm long, 5cm wide, and 4cm thick - to strike Mr Loh on the head.
His skull fractured, Mr Loh died in hospital 4 1/2 hours later.
In March this year, Ellarry was jailed 19 years with 24 strokes of the cane for a lesser charge of robbery with hurt, in addition to 5 more similar charges for separate incidents.
And in September last year, Fabian was found guilty of murder.
Source: The New Paper, August 16, 2012
