M Ravi, who did most of the work, was ordered by the Court of Appeal to bear 75 % of the costs, while Violet Netto, who later took over as the lawyer on record, was held liable for 25 %.
2 Indian-origin Singaporean lawyers have been ordered to pay SGD20,000 (US$15,000) in costs to the Attorney-General’s Chambers (AGC) for a last-ditch attempt to halt the execution of an Indian descendant Malaysian drug trafficker Nagaenthran K Dharmalingam in April this year.
M Ravi, who did most of the work, was ordered by the Court of Appeal to bear 75 % of the costs, while Violet Netto, who later took over as the lawyer on record, was held liable for 25 %.
The AGC had originally sought personal costs totalling SGD 40,000 against the lawyers for setting out to delay Nagaenthran's execution by filing applications without merit, which caused it to incur unnecessary costs, according to a report by The Straits Times.
Nagaenthran was hanged at Changi Prison Complex on April 27, 2022.
He was convicted of trafficking 42.72g of heroin in 2010 and given the mandatory death penalty. His appeals against his conviction and sentence were dismissed in 2011.
Over the years, Nagaenthran filed a total of 7 applications to challenge his death sentence.
On April 26, a last-minute application by Nagaenthran's mother to halt his rescheduled execution was dismissed by the court
Days before he was scheduled to be hanged on November 10 last year, Ravi filed an applicaton seeking judicial review of the impending execution.
Under the law, the court has the power to order personal costs against a lawyer who causes the incurring of unnecessary costs by acting improperly, unreasonably or negligently.
On Wednesday, a 5-judge Court of Appeal, led by Chief Justice Sundaresh Menon, said it would be apparent to any reasonable defence counsel that the case advanced by the duo lacked factual basis.
The court reiterated that the way the case had been conducted was a blatant and egregious abuse of the court process.
Instead of putting their best case forward at the first instance, the lawyers "drip fed" the supposed evidence and tendered documents at the last possible moment, said the court.
The court also rejected Ravi's argument that he and Netto cannot be made to pay personal costs as they are no longer practising lawyers.
Ravi also filed another application, asking for a stay of execution for Nagaenthran to be assessed by a panel of psychiatrists.
The main argument was that the death sentence could not be carried out because Nagaenthran was mentally disabled.
The case was argued by Netto, assisted by Ravi, before the apex court on March 1.
On March 29, the court dismissed the legal actions, saying that the case was baseless and that there was no admissible evidence of any decline in Nagaenthran's mental condition.
The proceedings brought by Nagaenthran amounted to an abuse of the court's processes and had been conducted with seeming aim of delaying his execution, The Straits Times cited the court as saying.
Source: Hindustan Times, Staff, May 27, 2022
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