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KUALA LUMPUR – Singapore’s Central Narcotics Bureau (CNB) has released the complete case facts of hanged Malaysian convict Nagaenthran Dharmalingam, in which it reiterates and outlines findings that proved the deceased was mentally sound and fully aware of his criminal actions, contrary to public outcry.
A statement issued yesterday noted Nagaenthran’s arrest in April 2009 for the criminal offence of trafficking half a kilogramme of a powdery substance that contained at least 42g of pure heroin, which led to his conviction,and his failed attempts to reverse the capital punishment.
CNB noted the court’s findings that concluded Nagaenthran knew what he was doing, with his actions suggesting he was capable of manipulation and evasion, and that evidence adduced had shown he made a purposeful and calculated decision in hopes of it paying off despite the risks.
“For instance, when stopped at the checkpoint, he attempted to stop a search by telling the officers that he was ‘working in security’, thus appealing to the social perception of the trustworthiness of security officers.
“He was also noted to be ‘continuously altering his account of his education qualifications’, to reflect lower educational qualifications each time he was interviewed.
“This was ‘the working of a criminal mind, weighing the risks and countervailing benefits associated with the criminal conduct in question’.
“Nagaenthran considered the risks, balanced it against the reward he had hoped he would get, and decided to take the risk,” read excerpts of the court’s findings.
The bureau also highlighted findings that stressed how Nagaenthran did not suffer from intellectual disability, a condition later affirmed in court by a certified psychiatrist.
CNB also pointed out findings on the conduct of Nagaenthran’s lawyer, M. Ravi, who despite insisting his client possessed the mental maturity of an 18-year-old, later conceded he had no relevant medical expertise to sustain his claim.
A similar observation concerning Ravi’s conduct was made by Court of Appeal judges in a March judgment, accusing the lawyer of lacking decorum.
It said it was more exasperating when Ravi refused to allow Nagaenthran’s latest medical and psychiatric records to be adduced in court, which CNB said would have been relevant.
“The courts also noted that Mr Ravi had only met Nagaenthran once in the last three years, for a total of 26 minutes on November 2, 2021,” it added.
The bureau asserted that much misinformation has been disseminated pertaining to Nagaenthran’s mental state, with its statement aimed at debunking such assumptions.
“The above are the facts as found by the court,” he said.
Separately, it noted how courts in the United States had in October last year gone ahead with the execution of two individuals with IQ levels ranging between 64 to 95, similar to Nagaenthran’s.
“The US courts dismissed arguments relating to their alleged intellectual disability,” it noted.
Nagaenthran was executed at dawn yesterday in Changi Prison after spending 11 years on death row.
His execution sparked debate over claims he was intellectually challenged, and was oblivious to the risks and severity of his actions, where even British billionaire Richard Branson weighed in.
In a statement late last night, Branson said the case has raised questions about “good governance, transparency, due process, fairness, and about Singapore’s commitment to international agreements”.
“Singapore will not be the same after this. People are rightly beginning to doubt the need for the death penalty. More are speaking up. A national conversation is long overdue.
“If a system cannot protect the rights of those with disabilities, if it cannot offer empathy and reprieve, then something is fundamentally broken.
“This will not go away. I’d rather know Singapore as a modern, world-class hub of trade than as a place that wastes its resources and its reputation on hanging people,” said Branson.
Prior to his hanging, protests and candlelight vigils were held for Nagaenthran outside the Singapore High Commission in the capital here demanding he be spared from the gallows. — The Vibes, April 28, 2022
