The Singapore Court of Appeal has dismissed a last-minute legal challenge filed by the mother of a mentally disabled Malaysian man in an attempt to halt his execution for drug trafficking
The Singapore Court of Appeal on Tuesday dismissed a last-minute legal challenge filed by the mother of a mentally disabled Malaysian man in an attempt to halt his execution for drug trafficking.
The dismissal of the motion clears the way for the execution of Nagaenthran K. Dharmalingam, 34, to proceed Wednesday.
The motion, filed Monday by his mother, Panchalai Supermaniam, argued that Nagaenthran may not have received a fair trial because Chief Justice Sundaresh Menon, who presided over his previous failed appeals, was attorney general at the time he was convicted in 2010, creating a potential conflict of interest.
Nagaenthran’s lawyers and supporters say he has an IQ of 69, and that the execution of a mentally disabled person is prohibited under international human rights law.
The court ruled Tuesday that the motion was “devoid of merit” and that no court in the world would allow the matter to be prolonged “ad infinitum.”
“There must come a time when the last word of the court is the last word,” said Justice Andrew Phang, one of the judges.
Nagaenthran was arrested in 2009 for trafficking about 43 grams (1.5 ounces) of heroin into Singapore and was sentenced to death in 2010 under the country's strict anti-drug laws.
He previously failed in appeals to the High Court in 2011, the Court of Appeal in 2019 and a petition for clemency to the president of Singapore.
Following the court ruling Tuesday, Nagaenthran asked for permission to hold his family’s hands in the courtroom as a “final wish.”
He was allowed to do so, and was granted two hours to spend with his family in the Supreme Court building.
He and his mother appeared in court Tuesday without a lawyer, with his mother saying she was unable to find one to represent her.
“We need a lawyer, I want my son back alive, that is why I made his application,” she said via an interpreter. “We are in dire straits now, we really want to speak to a lawyer who can advise us on how to … move forward.”
His case has drawn international attention, with public figures such as the founder of Virgin Group, Richard Branson, and actor Stephen Fry publicly appealing for him not to be executed.
“Immediately dismissing this motion so they can rush Nagen to the gallows at dawn tomorrow lays bare the truth about what fair trial rights and access to justice looks like in death penalty cases in Singapore, despite the government’s repeated claims to afford those facing the death penalty full due process,” said Maya Foa, director of Reprieve, a private organization.
On Monday, hundreds of people in Singapore held a candlelight vigil at a park to protest the scheduled execution.
Several recent death row cases have put the spotlight on Singapore’s policy of capital punishment for drug-related offenses. Singapore’s home affairs ministry says the country has a “zero-tolerance stance against illicit drugs” and that the death penalty is made clear at its borders.
Source: ABC News, Staff, April 26, 2022
Nagaenthran’s death sentence a ‘horrible blotch’ on Singapore’s image, says Branson
He told AFP he had “enormous respect” for the financial hub, but said its capital punishment was one aspect that was “really negative”.
“It’s the one horrible blotch on its reputation,” the billionaire said. “I don’t think civilised countries should be in the business of killing their own people, or killing anybody.”
Branson, a long-time campaigner against the death penalty, urged Singapore President Halimah Yacob to grant 34-year-old Nagaenthran clemency.
“I really just hope that on Wednesday evening, she does not have this young man’s death on her hands,” he said, adding that the death penalty was “inhumane”.
He also asked Singapore to “abolish the death penalty altogether” and “do what most other civilised countries have done”.
On Friday, Branson and actor Stephen Fry had taken to social media to urge the Singapore government to spare Nagaenthran, who is due to be hanged tomorrow for drug trafficking.
In the one-minute 20-second clip on Twitter, Branson and Fry called on Halimah and Prime Minister Lee Hsien Loong to grant Nagaenthran clemency.
The founder of the Virgin Group added that Singapore had always led from the front when it came to the rights of people with disabilities and in championing their inclusion in society.
Fry said the Malaysian did not deserve to die and his impending execution would cast a dark shadow on many of those commitments to the rights of the disabled.
The veteran British comedian noted that Nagaenthran had been living with an intellectual disability, as defined under international human rights law.
Nagaenthran, from Perak, is said to have an IQ of 69 – a level recognised as a disability. He has been on death row in Singapore since 2010 for smuggling 42.7gm of heroin into the city state a year earlier.
Meanwhile, the UN Human Rights Office has joined the call for the death sentence against Nagaenthran and another Malaysian national, Datchinamurthy Kataiah, to be commuted.
Kataiah was arrested in 2011 and convicted on charges of trafficking diamorphine into the city-state. Last week, his family received notice that his execution was scheduled for Friday.
Source: freemalaysiatoday.com, Staff, April 26, 2012
300-400 people attend candlelight vigil at Hong Lim Park for Malaysian drug traffickers on death row
2 Malaysian drug traffickers are expected to be hanged in Singapore within days.
A candlelight vigil was held at Hong Lim Park on Apr. 25 for Malaysian drug traffickers Nagaenthran K. Dharmalingam and Datchinamurthy Kataiah, who are both scheduled to be hanged on Apr. 27 and Apr. 29, respectively.
Despite the rain in the evening, about 300 to 400 people attended the vigil, with some bringing along cardboard signs and placards calling for the abolition of the death penalty in Singapore.
At one point, a small scuffle broke out towards the end of the sombre event after a passer-by heckled one of the speakers at the vigil.
People show up with handmade signs
Groups of people were seen streaming into Hong Lim Park via an designated entry point at 7pm when the event started.
People who wished to enter the park had to get their NRICs checked to verify that they were Singapore citizens or permanent residents, as per the rules for participation in events at Hong Lim Park.
Posters and signs with messages of support for those sentenced to death in Singapore, and calls for the abolition of the death penalty, were put on display.
Attendees observed safe management measures as they were spread out across the park and displayed some of the handmade signs they had brought.
A sheet with chants and slogans were handed out to the attendees.
Electric candles were also given to participants as candles with open flames were not permitted within the park.
Rain did not faze crowd
Even as rain started to fall at around 8:45pm, those gathered at the park pulled out their umbrellas and stayed on.
Local activists, such as Kokila Annamalai and Ariffin Sha, gave impassioned speeches at the event.
Kokila led a call and response with the people gathered:
"What do we want?"
Crowd: "Justice"
"When do we want it?"
Crowd: "Now"
Representatives from various religions were also present to give speeches and prayers, and a few musicians played to the crowd.
Singapore Democratic Party chairman Paul Tambyah also gave a speech.
Participants at the vigil were asked to hold their candles up and hold hands with one another while observing a moment of silence.
Small fight breaks out
Towards the end of the event, a man standing outside the venue heckled a speaker who was giving a speech.
It was unclear what the heckler said.
Hearing this, a man in a leather jacket at the vigil ran up to the heckler, and shouted: "What the f**k did you just say?"
Another shouted for the heckler to "get lost".
Some of the vigil attendees jumped over the barricades to confront the man, and some forceful shoves between the heckler and the man in the leather jacket were exchanged.
The scuffle was swiftly dissipated by other vigil attendees.
Approximately 400 people attended vigil
This vigil follows an anti-death penalty protest that was recently held on Apr. 3, 2022, when more than 400 people reportedly attended.
Activist and vigil organiser, Kirsten Han, estimated that approximately 400 people were in attendance for this latest Monday evening vigil.
Source: mothership.sg, Staff, April 26, 2022
Singapore Death Row Inmate’s Mother Calls Out Cruel Punishment As Son Counts His Final Days
36-year-old Datchinamurthy Kataiah's execution is scheduled for 29 Apr.
Last month, death row inmate Abdul Kahar bin Othman was sent to the gallows in Singapore’s 1st execution in 2 years.
While capital punishment remains a widely debated topic here, more families of death row inmates continue to receive the dreaded news that their loved one’s execution date is near.
Datchinamurthy Kataiah’s 60-year-old mother, Lakshmi Amma, is one of them. She was recently informed that Singapore plans to execute her son on 29 Apr.
In a Facebook post on 25 Apr, a Singapore activist shared Lakshmi’s thoughts on her son’s imminent death.
The Malaysian’s mother called out the cruelty of capital punishment, saying that her son would not be spared despite changing for the better.
Mother of death row inmate informed of impending execution
On 22 Apr, factory worker Lakshmi Amma returned to her Johor home late after work when a courier arrived at her door. The 60-year-old could not read English, but an uneasiness settled over her as she scanned the document.
She glanced across what looked like a date — the day her son had been preparing her for had arrived.
Singapore plans to execute her 36-year-old son, Datchina, at dawn this Friday (29 Apr).
Lakshmi shared that the cruellest part was that, although her son has made mistakes in the past, he is not the same person now.
After over a decade, “I know without a doubt that he is a good man now”, said the mother.
Despite the harsh conditions on death row, Datchina used the time to reflect and grow. He is now a disciplined, selfless person.
His mother shared that these days, he often tells his family to pray for Nagaenthran Dharmalingam, his close friend in prison who is also on death row. He would also ask his family to meet Nagen’s family and help them.
Lakshmi remarked that she is proud of who her son is.
During visits with his family this week, Datchina told them that he has so much to give. While he is trying to accept the reality of his impending execution, he cannot deny that he has a “burning desire to live”.
Datchina shared that if he were freed, he would want to reach out to vulnerable youth and ensure they don’t fall into the same path as him.
Family addresses misconceptions about drug mules
Datchina’s family then shared a poignant message to Singaporeans. They said that the government could only carry out these executions because Singaporeans support – or at least tolerate – it.
But the death sentence does not just affect 1 person — it is a life sentence for a whole family.
Growing up, cheerful and gentle Datchina was dear to his extended family. As he got older, he worried about his family’s circumstances and felt a personal responsibility to pull them out of poverty.
He left school after finishing his final year in secondary school to help with family expenses. Despite having little money to give, he never hesitated to help anyone who needed it.
If Singaporeans believe drugs are a scourge, it is the businessmen who exploit poor, young boys to make millions they should go after, said Datchina’s family.
Yet these people remain untouched by the law. Instead, it is young, easily trusting men who are taken advantage of and punished.
Oftentimes, they don’t realise what they’re getting into — they simply agree to transport a package for a fee.
Our sons have not forced anyone to take drugs. How can you take their lives away for this?
They said that the law should exist to protect, not destroy ordinary people’s lives.
To illustrate their point, Datchina’s family shared that in the years after his arrest, they could not even afford to come down to Singapore to visit him.
As a poor working-class family, they endured harassment and scolding from unsympathetic employers for applying for leave to visit him.
Lakshmi remarked that people have many misconceptions about drug mules — if her son was truly making big bucks as a drug smuggler, why would their family still be in such a dire situation?
Datchina is counting down his days
On Sunday (24 Apr), Lakshmi met Nagen’s mother for the 1st time. The grieving mothers felt like they were each losing 2 children, with how close their sons have grown.
“There is no torture like this,” said Lakshmi. She went on to question how this cruelty helps anyone.
How can safety or well-being of society come from such depravity?
When Lakshmi visited her son, he told her it’s been 3 days. He was counting down to the moment of his execution.
“How perverse is it to count down to the moment you will be killed? Please do something to save my son,” Lakshmi implored.
On Monday (25 Apr) evening, a candlelight vigil was held at Hong Lim Park for both Datchina and Nagen.
Datchina’s mother and sister, as well as Nagen’s brother, were in attendance at the event. According to Reuters, about 300 people turned up for the vigil.
Capital punishment continues to be a fiercely debated topic in Singapore.
But the pain of family members whose loved ones are on death row is very real and certainly puts the logical aspects of the debate into perspective.
Whether or not you are for or against the death penalty, it is heartbreaking to learn of the impending loss of a beloved son, brother, and family member.
Source: mustsharenews.com, Staff, April 26, 2022
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"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde
but by the punishments that the good have inflicted." -- Oscar Wilde