Lawyer to challenge 15-stroke caning for Sabahan Vui Kong

(From left) SAPP VP Datuk Chua Soon Bui, Ravi and Yong during the pc.

KOTA KINABALU - The change in Singapore laws has not only saved the life of Sabahan Yong Vui Kong but also those of 34 others, including several Malaysians on death row in Singapore.

According to Vui Kong’s lawyer, M Ravi, the changes in Singapore’s law was the result of the numerous constitutional challenges lodged by him on behalf of his client who was sentenced to hang for drug trafficking.

Ravi, who was in Sabah for a few days, told reporters during a dinner with Vui Kong’s family on Tuesday night, admitted that, initially, they were not hopeful of the case making any difference but were driven to proceed because each time we lodged a constitutional challenge on Vui Kong, the law evolved in the courts.

“The judges were opening up. First time his execution was stayed, the Singapore government argued that the courts do not have the power to grant a stay. Everything about Vui Kong’s case was a first (and) we challenged so many existing laws in Singapore, the presidential clemency, the mandatory death sentence and prosecutorial discretion… all these things were under review.

“Most important outcome is the change in the law finally, and what is even more heartening is that he has saved 34 other lives because the last execution was in August 2009, before his scheduled execution, December 4, 2009.

“Since then, about seven legal challenges have been brought to court… the law evolved, it showed the loopholes and it delayed the execution of the 34 on the death row. Whenever you lodge a constitutional challenge, it affects all inmates and citizens’ rights so therefore they can’t be executed,” Ravi stressed.

Vui Kong, 25, from Sandakan, was sentenced to death after he was convicted on January 7, 2009, for trafficking in 47gms of a controlled drug, diamorphine, on June 13, 2007, a capital offence under Singapore’s Misuse of Drugs Act. He was only 18 when he was arrested. He will now be imprisoned for life and given 15 strokes of the cane.

Last year, the Singapore Government announced changes to the mandatory death penalty, allowing death row inmates to be given a lighter sentence if they met certain conditions. If the Attorney-General finds that they meet these conditions, it will issue a Certificate of Co-operation (CoC) allowing the inmate to apply to the courts for the death sentence to be set aside and to be re-sentenced.

According to a statement by the Singapore Attorney-General’s Chambers (AGC) in September, Yong and Subashkaran Pragasam, a Singaporean on death row, have assisted the Central Narcotics Bureau in disrupting drug trafficking activities within and outside Singapore.

The AGC said, if Subashkaran and Yong were able to prove to the court on a balance of probabilities that they were traffickers who only played the role of couriers, the prosecution will leave the sentence to the discretion of the court.

Subashkaran and Vui Kong were the first two people awaiting capital punishment, who the Public Prosecutor decided to issue certificates of substantive assistance under the amended Misuse of Drugs Act.

Ravi said that he will also be challenging the sentence of 15 strokes of the cane imposed on Vui Kong as it is cruel and inhumane.

“Vui Kong weighs only 47kg now and he is not in the best of health. The court imposing 15 strokes of the cane, to me, it is very excessive as the Court has already given him life imprisonment. What is it that you are going to achieve by imposing this punishment? Honestly, it is cruel and unusual, inhuman treatment and punishment under international law.

“I have just notified the Prisons (authority) this morning that next week I will be filing an application for an order to restrain the Prisons from caning him on account that the judicial caning violates the international customary law which says that caning is a form of cruel, inhuman, punishment and treatment. And I will also be arguing under Singapore constitutional law why it is so.

“The second round will be that it violates the equal protection clause of Singapore because men and women should be treated equal. I am not saying that women should be caned but that men should not be caned,” Ravi said.

According to Ravi, he met Vui Kong two weeks ago and the latter is extremely happy to have his life back. Vui Kong has also expressed his intention to get an education and has informed the prisons authorities about it.

“I understand from him that the Prisons had said to him this is only meant for Singaporeans so I will be writing to them to find out if there is such a policy, to make an exception because if he is allowed to study he will be a great scholar,” Ravi stressed.

Meanwhile, Yong’s father pleaded with the Singapore Government to reduce the caning sentence for his son as the latter is weak. He added that he will be arranging to visit Vui Kong soon.

BP