Tag Archives: capital punishment

High Court re-sentences a third murder offender to life imprisonment

Justice Choo Han Teck

Singapore’s High Court exercised its discretion today, sentencing Gopinathan Nair to life imprisonment with caning instead of the death penalty.

Gopinathan was initially convicted of murder under section 300(a) of the Penal Code in March 2012. The High Court then sentenced him to death under the old mandatory death penalty regime.

His appeal was dismissed by the Court of Appeal in September 2012. However, the Court did find that there were doubts as to whether he had an intent to kill, an element required under section 300(a). He was therefore found guilty of murder under section 300(c) of the Penal Code instead.

The Court also found that there was some element of provocation involved, although this was not enough for Gopinathan to qualify for the defence of provocation.

Under Singapore’s new death penalty laws, existing death row inmates, who have been convicted for murder under sections 300(b) to (d) of the Penal Code, will have an opportunity to have their sentence reviewed by the Court. Judges can either choose to uphold the death penalty, or substitute it with a sentence of life imprisonment with caning.

Gopitnathan’s case is the third case to have undergone such a review this year.

In his re-sentencing hearing this morning, Deputy Public Prosecutor (DPP) Adrian Loo told the Court that the Prosecution did not object to defence counsel’s submission that a sentence of life imprisonment in this case was appropriate.

Loo however, urged the Court to impose the maximum of 24 strokes of the cane, highlighting that in the previous two cases of Fabian Adiu Edwin and Jabing Kho, the Court also decided to impose the maximum of 24 strokes on top of a sentence of life imprisonment. The DPP submitted that this case was not dissimilar to the other two cases in that the crime was also committed in the course of a robbery.

In response, defence counsel Mr Shashi Nathan, argued that the Court should not impose the maximum of 24 strokes of the cane. This is because the two previous cases were different from the current case as unlike them, Gopinathan had not planned the robbery which led to the victim’s death. Furthermore, there was also some element of provocation involved, which should count as a mitigating factor in his favour.

After hearing submissions from both sides, Justice Choo Han Teck sentenced Gopinathan to life imprisonment with 18 strokes of the cane.

Article: Damien Chng

Photo: Supreme Court Singapore

The Death Penalty – Is this justice?

Kirsten Han /

Troy Davis

As I am writing this, it is being announced that Troy Davis has been executed, time of death 11:08pm (time in Georgia). Despite affidavits from witnesses recanting their statements, despite allegations of testimony extracted under duress, despite doubt cast on his guilt for about two decades, despite campaigns and protests all over the world, Troy Davis is dead.

Activists, campaigners and followers of his case say that this is the perfect example of all that is wrong with the death penalty.

From what I’ve seen since I’ve been involved with the anti-death penalty campaign, I have to agree. The death penalty in itself is manifestly unfair. And although we saw the injustice in Georgia today, there is injustice to be found within many death penalty cases all over the world.

Yong Vui Kong – On death row while his boss walks

In Singapore, Yong Vui Kong’s case is one that has been fairly high profile, out of all the death penalty cases. He has been on death row since 2008, and is now in the final stage of the process, awaiting a response to his clemency petition submitted to the President. If clemency is denied (and not one clemency has been granted in the past 12 or so years), he will be taken from his cell one Friday morning and hanged by the neck until dead at 6am, for a crime he committed when he was barely 19 years old, poor, naive and illiterate.

Meanwhile, we received news that the man who had recruited Vui Kong is being detained under the Criminal Law (Temporary Provisions) Act.

NOTE: The Criminal Law (Temporary Provisions) Act, or CLTPA, allows for people to be detained without trial if there is suspicion that he/she has been involved in criminal activity. However, if there is insufficient evidence to charge that person, he/she must be released.

This point was brought up by Ms Sylvia Lim of the Workers’ Party in Parliament last year. Then-Defence Minister Wong Kan Seng confirmed that someone from the same syndicate as Vui Kong (whom we now believe to be his boss) is detained under the CLTPA.

Strangely enough, Mr Wong said that the CLTPA is used when there is “a lack of evidence that can be adduced in court, typically because witnesses are unwilling to testify for fear of reprisals”. But how can this be the case when it comes to Vui Kong’s boss? Haven’t we already got a witness – Vui Kong himself – in custody?

Vui Kong with his mother.

In fact, Vui Kong is not the only witness we had in custody. There used to be another boy in the cell next to his. His name was Robin Low, but Vui Kong called him Xiao Hu (??). Xiao Hu was also from Sabah, from a similarly disadvantaged background. Xiao Hu had been recruited by the same man who had recruited Vui Kong.

Xiao Hu has already been executed, dragged out of his cell screaming and crying one Friday morning.

It is incredibly unfair that while the recruiter is being detained without trial and will probably soon be released due to “a lack of evidence”, drug mules at the bottom of the food chain like Xiao Hu and Vui Kong are waiting for death. Vui Kong says that no one had ever even asked him about his boss, or whether he would testify against him. And so the man will walk, while Vui Kong waits to be hanged.

I am not saying that Vui Kong’s boss should also be executed. But I ask you this: is this justice? Is this what Singapore calls “a tough stance on crime and drugs”?

Cheong Chun Yin – “Immaterial” that investigators did not make “adequate efforts”

Cheong Chun Yin

When Cheong Chun Yin was arrested for drug trafficking, he was shocked. He had been under the impression that he was smuggling a some gold bars for a friend wanting to evade tax. He had been so sure that he wasn’t committing any serious offence that he left a photocopy of his passport and his travel itinerary in the suitcase when he handed it over in Singapore.

During interrogation, he cooperated fully with the investigating officers. He gave them the name of the man – “Lau De” – who had convinced him to go to Burma, who had arranged all the travel details and the handover of the suitcase. He described the man’s physical appearance, and even gave them the contact numbers he had used to get in touch with this man.

The officers made no attempt to trace this man to corroborate Chun Yin’s story or investigate further. In the written judgement of his trial, Judge Choo Han Teck said that it was “immaterial that the CNB did not made adequate efforts to trace Lau De or check on his cell-phones.”

When it is “immaterial” whether “adequate efforts” have been made during the investigation before a punishment as final and irreversible as the death sentence is passed, can we really say that justice has been served?

Roslan bin Bakar – Arrested a month after the fact without any drugs on him

Roslan bin Bakar

Roslan bin Bakar was arrested at his step-brother’s house a month after the alleged crime, with no drugs on him. He was charged with drug trafficking based on the testimony of three others who had been seen at the scene and arrested on the day of the crime. Up till today his story has been consistent – he had not even been there, and had nothing to do with it.

During the trial, Roslan provided an alibi that was backed up by his step-brother. However, Judge Choo Han Teck did not believe it, saying that his step-brother “appeared a little too anxious to provide an alibi.”

Although officers of the Central Narcotics Bureau (CNB) had been monitoring everyone’s movements, not a single CNB officer could testify that Roslan had been at the scene. A fourth man, Norzainy, who had been arrested with the others testified that Roslan had not been there. However, the judge said, “I am mindful that Norzainy was trying his best not to identify Roslan, but his denial, inserted in the rest of his evidence and that of the others, strengthened the prosecution’s case against Roslan.”

Of those who testified against Roslan, one had his capital charged reduced, and admitted that “the reduction of the [capital] charge acted as an inducement for him to testify against Roslan.” Another had his capital charge withdrawn with a discharge not amounting to an acquittal.

Just like in Troy Davis’ case, there is too much doubt in Roslan’s, and very little explanation as to why the State is so eager to execute while questions remain. We’ve tried looking, but we haven’t been able to find any written judgement from the Court of Appeal explaining why Roslan’s appeal was denied. His sister, who had been at the verdict, does not remember any oral judgement either.

Vui Kong, Chun Yin and Roslan are not the only ones either. Singapore has hanged so many people. Going through court documents and case files, so many causes for concern can be highlighted. It makes me wonder – how many have we killed while doubts remain?

All three cases mentioned here are in the final stages of the process. All it takes now is a rejection of their clemency petitions (as decided by the Cabinet), and a death warrant signed by the President. And if they are executed, they would have been killed in the name of all Singaporeans. But will we be able to say that justice has been served, or that we are effectively dealing with our problems?