KUALA LUMPUR – Lawyers for Liberty will challenge the constitutionality of Singapore’s planned execution on two mentally challenged death row prisoners during the upcoming applications by Malaysian inmate Pausi Jefridin and Singaporean Roslan Bakar on February 28.
Speaking to a press conference today, its chief coordinator Zaid Malek said that the inmates’ execution sentences will be disputed on several basis, including his allegations of “confirmed reports and findings depicting the Singapore governments’ involvement with criminal drug lords”.
“Given their known links with narcotic traffickers, it is unconstitutional for them to execute prisoners charged with drug trafficking,” he said, noting that there is also an overwhelming number of Malays being executed in Singapore.
“In terms of the disparity, this points to a possible bias in the application of the law.”
The legal eagle then made a bold allegation, claiming that the Singapore government is trying to “obstruct the due process of justice” since there was a breach of privilege in private communications between detainees, family members and lawyers.
Singaporean Rosman Abdullah, a death row prisoner who will be submitting his appeal on the same day as Pausi and Roslan, had reportedly also experienced a similar violation in privacy as prison officials had sent copies of his letters to the Attorney General Chambers and public prosecutor.
“The endgame for us is for the court to declare that executions are unconstitutional as a whole and should not be carried out, especially on mentally disabled individuals,” he said.
Referencing the case of Nagaenthran Dharmalingam, Zaid said the sentence should never have been handed out in the first place due to his mental disabilities.
The Malaysian man is set to appeal his death sentence on March 1, after a temporary respite on November 9 last year following his Covid-19 infection.
Nagaenthran and Pausi both have a low IQ, with the former suffering from impaired executive functioning and attention deficit hyperactivity disorder.
Roslan, meanwhile, was found by experts to have “limited capacity for judgement and decision-making due to underlying cognitive defects”.
Expressing similar sentiments at the presser, Anti-Death Penalty Asia Network executive co-ordinator Dobby Chew said that while Singapore should review its current policies on the death penalty, conditions in Malaysia are not in a better place either.
“Malaysia is still lacking in protection and safeguards for individuals suffering from mental health issues or psychosocial disabilities.
“Every step Singapore takes in the wrong direction should be seen as a lesson for Malaysia,” he said, adding that inconsistencies are a flaw in any system or court of law.
Calling on the Singapore government to commute the sentences of individuals suffering from mental illness or disabilities, Chew added that the hasty manner in which judicial processes for Pausi and Roslan’s case had been carried out undermined their right to a fair trial.
“The speed in which matters were ‘resolved’ effectively denied the defence adequate opportunity to prepare and argue complex appellant casework.
“In the case of Pausi and Roslan, the exorbitant sum of SGD$20,000 (RM62,290) deters legitimate judicial challenges from being heard, as many would be unable to pay such an amount within limited time,” he said.
On February 16, the Singapore High Court had granted an interim stay of execution for both prisoners pending the filing of an appeal, provided that they were able to pay the amount above in security costs within just over an hour.
The appellate court, however, dismissed the appeal. Both have since been granted respite by the republic’s president, Halimah Yacob. – The Vibes, February 25, 2022
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