Suaram: Justice Phang should have recused himself

Sarawakian Kho Jabing’s right to a fair trial was violated by the Singapore justice system, says the human rights NGO.

PETALING JAYA: Suara Rakyat Malaysia (Suaram) has strongly condemned the execution of Sarawakian Kho Jabing by Singapore at 3.30pm today.

In a statement today, Suaram Executive Director Sevan Doraisamy said Singapore had proceeded with the execution today despite the unanswered concerns about the impartiality of the appeal proceedings, refusing to answer the public plea for clemency.

“The concerns that Kho Jabing’s right to a fair trial was violated was affirmed when Justice of Appeal Andrew Phang failed to recuse himself and sat as part of the coram of judges who heard his motion on May 19.

“Suaram would like to reiterate the importance of an impartial tribunal, especially in cases involving the use of capital punishment and reminds the government of Singapore of the importance of the notion that justice needs not only be done, but must be seen to be done.

“The failure to ensure justice is done in this case would forever tarnish Singapore’s ability to provide a fair trial for those seeking justice in its legal system.”

Sevan said the doubts as to whether the prosecution had adequately proved the necessary mens rea for Kho Jabing’s act to be tantamount to murder, as expressed by some of the presiding judges during the trial, should have been taken into account during the sentencing.

“Despite the existing doubts, the death sentence was still imposed on Kho Jabing.

“The failure to account for this clearly violates the recognised international norms where capital punishment can only be imposed when the crime meets the threshold of ‘most serious crimes’.”

He said the apathy shown by government of Singapore in regards to the plea for clemency by the family and members of the public “can only be described as callous and unconscionable to say the least”.

“The death penalty does not provide justice and in this case it has caused a great injustice to the family of the deceased.

“This execution also marks Singapore departure from the norms of developed states where the use of capital punishment has been gradually phased out.

“The insistence that capital punishment remain a facet of its criminal justice system clearly shows its disinclination to join the ranks of developed countries in regards to recognition of human rights.”

Sevan said Suaram reiterated its stance that the use of capital punishment must be abolished and called upon governments which still endorsed the use of capital punishment to re-examine the use of capital punishment and instate a moratorium on it immediately.