Nagaenthran S Lawyer Calls For Halt In Execution Claims Conflict Of Interest

---

 


Lawyer N Surendran has called for the stop to the execution of his client Nagaenthran K Dharmalingam claiming that an alleged conflict of interest in the judgement should entitle the latter to a fresh trial.
This follows the announcement that Nagaenthran’s execution date has now been scheduled for April 27.
In a letter addressed to Singapore's Attorney-General Lucien Wong, sighted by Malaysiakini, Surendran claimed that Nagaenthran was denied the right to a fair trial, pursuant to Article 9(1) of the Singapore Constitution due to a conflict of interest involving Chief Justice Sundaresh Menon.
“We are instructed to bring to your attention that the Honorable Chief Justice Sundaresh Menon had presided over appeals from Nagaenthran on two occasions in 2019 and 2021/22. These are 2019 SGCA 37 and 2022 SGCA 26.
“You will not dispute that Nagaenthran was convicted in 2010 and his sentence affirmed in 2011, during the time when justice Sundaresh Menon was the attorney-general of Singapore.
“Hence, the subsequent appeals above-stated reveal a serious conflict of interest, in which the former public prosecutor under whose authority, knowledge and formal participation the prosecution was carried out, presided subsequently over Nagaenthran’s various appeals.
“On the face of it, this is a very serious disregard of the right to fair trial contained in Article 9(1) of the Singapore Constitution,” the letter read.
Call for re-hearing
Article 9(1) of Singapore’s Constitution stipulates that no person shall be deprived of his life or personal liberty save in accordance with the law.
Surendran called for the re-hearing of matters that were heard and decided by Sundaresh.
“We are finally instructed to ask that the execution fixed on April 27 be forthwith halted and the said appeals are re-heard.
“We ask that as an immediate step, you do the necessary, including advising the prime minister or relevant cabinet minister and the president of Singapore to take action for the execution to be halted.
“We trust you will agree with us that to allow the execution to proceed after you have been apprised of this situation would be to knowingly condone or connive in an unlawful execution,” it read.
Speaking to Malaysiakini, Surendran claimed that it was unconventional for an attorney-general prosecuting a person to later hear as a judge said person’s appeals.
“Under Article 9(1), Nagaenthran has a right to a fair trial. This right has been clearly violated because the prosecutor has sat as a judge in two crucial appeals in 2019 & 2022.
“In effect, the chief justice was deciding as a judge on a prosecution he had carried out himself. It’s a blatant breach,” he said.
He added that it also breached international laws such as Articles 10 and 11 of the Universal Declaration of Human Rights (UDHR) and Articles 14 and 15 of the International Covenant on Civil and Political Rights (ICCPR)
“Hence, for the Singapore govt, there is no lawful alternative- they must halt the execution, set aside the tainted decisions & send the matter for re-hearing,” he said.
Sentenced to death
Nagaenthran, a 33-year-old Malaysian, was sentenced to death in 2011 for trafficking 42.72g of diamorphine into Singapore. Heroin is made from diamorphine.
He was scheduled to be executed on Nov 10 but was granted a stay of execution on Nov 8 after his lawyers filed an 11th-hour constitutional challenge.
He later tested positive for Covid-19, resulting in an extension of the stay until after he recovers and after the appellate court hears his case.
His appeal, on the argument put forward by his legal team that he should be spared because he was mentally impaired, was dismissed in March.
Nagaenthran's case has sparked an outcry in Malaysia, Singapore, and internationally with particular attention on his lower-than-average IQ of 69, which is within the range of someone with a mild intellectual disability. - Mkini

---