We are disappointed by the Court of Appeal’s decision to dismiss Kho Jabing’s motion to set aside his death sentence, but respect the Court’s decision on the matter.
We are of the view that there are compelling reasons for Kho Jabing to be granted clemency. Most importantly, two out of three judges who heard the prosecution’s appeal for the death sentence thought that Jabing did not deserve the death penalty. If we include the High Court judge who originally re-sentenced Jabing to life imprisonment with caning, a total of 3 judges agreed that the death sentence was not warranted in this case. In such situations, a wrongful execution is a real danger, and it is crucial that we err on the side of caution. The death sentence is, after all, final and irreversible.
The power to remedy this potential miscarriage of justice lies with the President, in accordance with Cabinet’s advice. We strongly urge both the President and the Cabinet to grant Kho Jabing clemency and substitute his death sentence with a sentence of life imprisonment.