Malaysia

S’pore’s plan to execute M’sian Datchinamurthy is contempt of court: senior lawyer

Lawyers for Liberty’s N. Surendran says decision breaches constitution, international law as accused has pending legal challenge

Updated 4 years ago · Published on 22 Apr 2022 2:23PM

S’pore’s plan to execute M’sian Datchinamurthy is contempt of court: senior lawyer
Prominent lawyer N. Surendran says Singapore’s decision to block a person on death row from access to courts by executing him prior to the hearing is in breach of international law as well as the country’s constitution, and will reduce the country to a pariah state. – N. Surendran Facebook pic, April 22, 2022

KUALA LUMPUR – The Singaporean government’s decision to execute convicted Malaysian drug trafficker Datchinamurthy Kataiah next Friday, April 29 despite an ongoing court case in the high court there, constitutes contempt of court and is unlawful, said a senior lawyer today.

Lawyers for Liberty advisor N. Surendran said in a statement that Datchinamurthy still has a legal challenge in the Singapore High Court, where the hearing is listed for May 20.

“The execution notice, issued despite ongoing legal proceedings, is therefore a fundamental breach of Datchinamurthy’s right to life and right to fair trial contained in Article 9(1) of the Constitution.

“No civilised country in the world hangs a person in the middle of the court process. By issuing this execution notice, the Singapore Prison Service and the Singaporean home minister are in clear and serious contempt of court.

“The attorney-general of Singapore, having knowledge and being complicit in the planned execution, is equally in contempt of court,” said Surendran.

He explained that the “shocking news” was conveyed to Datchinamurthy’s mother in Johor in a letter from the Singapore Prison Service dated April 21.

Datchinamurthy has been on death row in Changi prison since his conviction by the high court for allegedly trafficking 44.96g of diamorphine.

Surendran also accused the Singapore government of discriminatory practices, seeing that Datchinamurthy’s Singaporean co-accused was spared the noose by a special certificate from the country’s attorney-general.

“We urge the Singapore government to immediately revoke the execution notice dated 21 April, 2022 against Datchinamurthy Kataiah, and allow the court processes to proceed unimpeded.

“To block a person on death row from access to courts by executing him prior to the hearing is in breach of international law as well as the Singapore constitution. It will reduce Singapore to a pariah state.” – The Vibes, April 22, 2022

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