[UPDATED] Nagaenthran files last-ditch challenge to death sentence in S’pore

KUALA LUMPUR – Malaysian Nagaenthran Dharmalingam has filed a final legal challenge at Singapore’s Court of Appeal in a bid to set aside his conviction and death sentence, according to legal rights group Lawyers For Liberty (LFL).

LFL chief coordinator Zaid Malek said the challenge was filed through Nagaenthran’s mother, Panchalai Supermaniam, and that neither will be represented when the appellate court hears the challenge tomorrow afternoon.

Nagaenthran, who has been certified mentally disabled with an IQ of 69, is scheduled to hang on Wednesday after failing an earlier appeal to overturn his conviction for drug trafficking in the city state.

Zaid said Nagaenthran’s family had to personally file the challenge without the assistance of any legal firm as they have been unable to obtain the services of a lawyer in Singapore.

“Singaporean lawyers have been consistently penalised and heavily fined by the Attorney-General’s Chambers and judiciary for taking up such legal challenges, resulting in Panchalai having to file the case herself in the court registry,” he said in a statement.

“At the hearing tomorrow, Panchalai will not be represented by lawyers. This speaks volumes about the unjust judicial process in Singapore.”

Zaid said the legal challenge is based on how Singapore’s chief justice Sundaresh Menon – who had presided over and dismissed Nagaenthran’s previous appeals – had previously served as attorney-general when Nagaenthran was convicted.

“This is a blatant denial of fair trial and unheard of in Commonwealth judicial systems,” he said, echoing fellow lawyer N. Surendran who had earlier claimed a “serious conflict of interest” relating to Sundaresh.

The Singapore Court of Appeal had attributed its decision to uphold Nagaenthran’s execution due to the lack of evidence on his alleged mental instability as well as his lawyers’ “abuse of court process”.

In its judgement delivered late last month, a five-member appellate court panel led by Sundaresh labelled several legal challenges filed by Nagaenthran’s lawyers as a “blatant and egregious abuse of court process” with the aim of delaying the sentence.

Nagaenthran was arrested in 2009 and found guilty a year later for trafficking in 42.72g of heroin.

During his trial, it was established that Nagaenthran had an IQ of 69, but the judge ruled that he was on the borderline of having a functional intellect, with the court concluding that he was aware he was committing a crime.

On Saturday, political groups and civil society organisations had gathered outside the Singapore High Commission here to protest the Singapore government’s decision to proceed with Nagaenthran’s execution.

The case also attracted international attention, with British billionaire Sir Richard Branson and UK comedian and author Stephen Fry calling for clemency. – The Vibes, April 25, 2022