Rushed appeal hearing in Nagaenthran's case denial of due process - lawyer

 

Singapore's court registry has fixed 2.30pm tomorrow to hear Nagaenthran K Dharmalingam's appeal against his death sentence for a drug trafficking conviction, according to his Malaysian lawyer.

At the same time, N Surendran (above) said the Court of Appeal has also set 2.30pm tomorrow to hear a new application by Nagaenthran's Singaporean lawyers for a psychiatric assessment of their client's deteriorating mental state.

"Incredibly and unreasonably the Court of Appeal has directed late this evening that written submissions and affidavits must be filed by 10am on Nov 9.

"No lawyer can be reasonably expected to file written submissions and prepare and file affidavits overnight," Surendran said in a statement tonight.

"These unreasonable court directions and unholy rush to have both hearings heard in less than 24 hours amounts to a blatant denial of due process to Nagaenthran contrary to Article 9 of the Singapore Constitution.

"No criminal justice system in any country which upholds the rule of law rushes through criminal appeals in this manner; and all the more so in a death penalty case," he added.

Nagaenthran K Dharmalingam, man on death row in Singapore

Surendran further questioned whether the rush to hear Nagaenthran's appeal was an attempt to proceed with his execution on Nov 10, despite intense public outcry.

"We strongly urge that Nagaenthran’s lawyers be given adequate and reasonable time to prepare their case which involves complex issues and the life of a mentally disabled human being," he added.

This afternoon, the Singapore High Court heard as Nagaenthran's lawyers challenged the execution at the 11th hour arguing that it was unconstitutional to hang someone with an intellectual disability. 

Nagaenthran’s Singapore lawyer M Ravi later explained that the High Court had dismissed the constitutional challenge but allowed an appeal.

This decision comes amidst significant public outcry over Nagaenthran’s case, with particular attention to his lower-than-average IQ of 69 and other mental health issues.

Back in 2011, Nagaenthran was sentenced to death for trafficking 42.72g of diamorphine into Singapore two years prior. Heroin is made from diamorphine. - Mkini