Singapore | ‘Emotionally devastating’: Lawyers on the mental toll of defending those facing the death penalty

SINGAPORE - Lawyer Too Xing Ji was in a taxi with a friend at dinnertime when he suddenly broke down in tears after sharing his experience of representing a prisoner on death row.

This took place two weeks after Mr Too faced the Court of Appeal on May 23, 2019, and succeeded in getting a temporary reprieve for a drug courier on the eve of his scheduled execution.

The client is still on death row.

On another occasion, Mr Too could not get a stay of execution for a client and was devastated.

His client consoled him.

The mental and emotional toll faced by lawyers and prosecutors was highlighted in January when Attorney-General Lucien Wong mentioned the various initiatives to support his officers’ mental well-being.

Prosecutors handling cases involving the death penalty are also scheduled for mandatory check-ins with an in-house psychologist.

In Singapore, the death penalty can be imposed for offences including murder, drug trafficking, use of firearms and kidnapping.

A spokesperson for the Attorney-General’s Chambers (AGC) said in response to ST’s queries that the mental health support it provides applies to any of its officers who may require it, and is not just restricted to death penalty cases.

In some instances, check-ins are mandated to ensure that officers get the necessary support.

“As the death penalty is imposed only for the most serious crimes, such as murder, prosecutors handling these cases may be repeatedly exposed to traumatic material,” said the spokesperson, adding these include violent and graphic audiovisual material.

The spokesperson said prosecutors in some cases may also have to interview grieving family members and guide them through the difficult process of testifying about the fatal incident.

Being able to consult a psychologist can help prosecutors deal with stress and negative emotions, said the spokesperson.

She added: “Sometimes, officers do not realise that the cases they prosecute can have an impact on their well-being.”

Lawyer Eugene Thuraisingam said there is now a greater awareness of mental health issues, whether in the private or the government sector.

He said: “The AGC is like a very big law firm. Apart from remunerating their people well, they have to look after their people, so they realise this is one area which needs to be beefed up.”

Defence counsel who take on capital cases also face immense stress, as they carry the weight of potentially saving a client’s life.

Mr Thuraisingam said: “The pressure is there and you can’t afford to make any mistakes because it’s literally a matter of life or death.”

Source: straitstimes.com, Selina Lum, February 25, 2024

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