The Malaysian Insight

THE Singapore government needs to temper firmness with compassion and mercy, Penang Deputy Chief Minister II P. Ramasamy said. 

His comments came after the Singapore High Court postponed the hearing of the appeal of Nagaethran K. Dharmalingam, who is facing the death sentence, in the Court of Appeal on grounds he had tested positive for Covid-19.

Nagaenthran was slated to be executed by hanging at the Changi Prison at 6am today.

Ramasamy said many countries had done away with capital punishment simply because it does not serve as a deterrent against crimes nor has any rehabilitative value. 

He said it is not simply about Nagaenthran but also other inmates on death row.

“It is not about Singapore needing to act tough against criminals but balancing firmness with compassion and understanding for the poor and the unfortunate,” he said in a statement today. 

“Invariably those involved in criminal activities are those from a lower socio-economic background. 

“The death penalty cannot act as a deterrent simply because the real culprits in drug trafficking remain free,” he added. 

Ramasamy said that although Nagaenthran may have been spared from his execution for now, his fate remains uncertain. 

The question also remains on whether the Court of Appeal will find merit in the argument that Nagaenthran is intellectually impaired. 

According to Nagaenthran’s lawyer M. Ravi, the Malaysian on death row for drug trafficking only understood Tamil and it is unclear whether he understood his predicament. 

“Ravi has urged the court to provide us Tamil language experts to brief Nagaenthran about his fate. 

“Ravi is a dedicated human rights lawyer who is fighting against the might of the Singaporean state to save the life of Nagaenthran.

“He is not saying he is guilty but merely wants the death sentence to be abrogated on the grounds of the mental condition of Nagaenthran, his low IQ,” the Perai assemblyman said. 

According to international law, a person cannot be executed if he or she was found to be intellectually challenged, a category which Nagaenthran falls into. 

“It is not easy to be a human rights lawyer in Singapore, especially defending persons who have been imposed capital punishment by the state. 

“It has been brought to my attention that the prosecution is finding ways to impose a punitive cost on Ravi. 

“He thinks this a clear act of intimidation on the part of the Singapore state,” he said. 

The Court of Appeal in Singapore extended the stay of execution granted by the high court a day earlier after Nagaenthran tested positive for Covid-19. 

A new date for the Court of Appeal hearing has yet to be fixed.

In 2019, Singapore’s Court of Appeal dismissed Nagaenthran’s appeal against his death sentence for carrying 42.72g of heroin into the republic.

Nagaenthran was caught with a bundle of heroin strapped to his thigh when entering the city-state from Malaysia via the Woodlands Checkpoint in April 2009. 

Nagaenthran has been diagnosed with intellectual disability and has an IQ of 69, which is lower than average. – November 10, 2021.