KUALA LUMPUR – Rights group Lawyers for Liberty (LFL) said the appeal hearing set tomorrow for mentally challenged death row inmate Nagaenthran Dharmalingam in Singapore, is a blatant denial of due process due to its short notice.
LFL adviser N. Surendran said the group is dismayed that Singapore’s high court fixed November 9, 2.30pm for the hearing within hours of granting a stay of execution today.
Surendran said Nagaenthran’s lawyers had also filed another application for a psychiatric assessment of his deteriorating mental state on the same time and date.
He said the stay order would no longer have an effect if both matters are dismissed.
“These court directions have unusually all come late in the evening today. Incredibly and unreasonably, the Court of Appeal has directed late this evening that written submissions and affidavits must be filed by 10am tomorrow,” Surendran said in a statement.
“No lawyer can be reasonably expected to file written submissions, and prepare and file affidavits overnight.
“It is a plainly absurd direction from the court, with what appears to be the predetermined intent to dismiss both sets of hearings tomorrow.”
Earlier today, the High Court granted a stay of execution for Nagaenthran, pending a hearing at the Court of Appeal over his death sentence.
On Facebook, lawyer M. Ravi shared the update over a hearing that was presided by justice See Kee Oon, who delivered the judgment at 4pm.
Nagaenthran was due to be executed two days from now on November 10.
He was arrested in Singapore on April 22, 2010, for trafficking 42.72g of diamorphine, and handed the death penalty by the high court on November 22, 2010.
It is learnt that Nagaenthran, 33, only has an IQ of 69, and suffers from impaired executive functioning and attention deficit hyperactivity disorder.
He has exhausted his appeal options after his presidential clemency application was rejected on June 1 last year.
Surendran said the “unreasonable” court directions and “unholy rush” to have both hearings heard in less than 24 hours amounts to a “blatant” denial of due process, and runs contrary to Article 9 of Singapore’s constitution.
“No criminal justice system in any country that upholds the rule of law rushes through criminal appeals in this manner – and all the more so, in a death penalty case,” Surendran said.
“What is the need for this disturbing hurry? Is it to enable Nagaenthran to be executed on November 10 in defiance of civilised opinion?”
He also urged for Nagaenthran’s lawyers to be given adequate and reasonable time to prepare their case, which involves complex issues and the life of a mentally disabled person.
“Meanwhile, the stay of execution granted today must be maintained until these hearings are properly and fairly disposed of,” Surendran said.
“To do otherwise, will do irremediable damage to the reputation of the Singapore judiciary and government.” – The Vibes, November 8, 2021
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