Indian-origin Malaysian man loses enchantment in opposition to demise sentence in drug trafficking case in Singapore | India Information

SINGAPORE: The Singapore Court docket of Enchantment on Tuesday dismissed a bid for leniency by an Indian-origin Malaysian drug trafficker who was sentenced to demise in 2010, in line with a media report.
Nagaenthran Dharmalingam, 34, had appealed in opposition to a Excessive Court docket choice that dismissed his software to begin judicial evaluate proceedings on the premise that he purportedly possessed the psychological age of somebody under 18.
The Malaysian nationwide had additionally mounted a felony movement to be assessed by an impartial panel of psychiatrists, with a keep of execution within the meantime.
Delivering the decision on behalf of a five-judge panel, Chief Justice Sundaresh Menon dismissed the appellant’s case as “baseless and with out advantage, each as a matter of reality and of regulation”, Channel Information Asia reported.
“In our judgment, these proceedings represent a blatant and egregious abuse of the court docket’s processes,” stated the Court docket of Enchantment.
“They’ve been carried out with the seeming intention of unjustifiably delaying the carrying into impact of the sentence imposed on the appellant.”
Nagaenthran was sentenced to demise in 2010 for importing 42.72g of heroin into Singapore in 2009 in a bundle strapped to his thigh.
He beforehand failed in his appeals to the Excessive Court docket in 2011, to the Apex Court docket in 2019, and in his petition to the president for clemency.
Nagaenthran was represented by Violet Netto. His former lawyer Ravi Madasamy, higher often called M Ravi, was additionally in attendance.
Earlier this month, Netto had argued for him to obtain an “impartial” psychiatric evaluation and “up-to-date full neuro-cognitive take a look at” to judge his competence to be executed and prescribe the mandatory remedy.
The prosecution had responded that there was no dependable proof that Nagaenthran’s psychological situation had deteriorated and that he was not competent for execution, and no foundation to grant the applying for him to be assessed by a panel of psychiatrists.
The Court docket of Enchantment stated the appellant’s central argument was that “due to an alleged deterioration within the appellant’s psychological colleges for the reason that time of his offence, the sentence of demise can’t be allowed to be carried out”.
Nonetheless, there was no admissible proof to point out such a decline in Nagenthran’s psychological situation.
The one proof offered for the applying was an affidavit of Ravi wherein he made a “naked assertion” concerning the appellant’s psychological age.
Concluding its judgment, the Court docket of Enchantment stated the imposition and finishing up of the demise penalty had been all the time “tough issues”.
“Counsel might nicely have passionate views that run counter to imposition of the demise penalty. At a societal degree, the correct recourse for them and certainly for anybody equally located is to hunt legislative change if they’re minded to take action,” it stated.
“However so long as the regulation validly offers for the imposition of capital punishment within the specified circumstances, it’s improper for counsel to abuse the method of the court docket and thereby carry the administration of felony justice into disrepute by submitting one hopeless software after one other and by drip-feeding the supposed proof,” the ruling concluded.

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