An Indian-origin Malaysian has been granted a stay of execution under a new law that provides clarity on when the death sentence may be carried out after all avenues of appeal have been exhausted.
Pannir Selvam Pranthaman, convicted in 2017 of importing 51.84g of heroin into Singapore and sentenced to the mandatory death penalty, was scheduled to be executed on Thursday before the Court of Appeal granted the stay to have his applications heard, The Straits Times newspaper reported.
In a written judgment, Justice Woo Bih Li said he ordered it pending the determination of Pannir's complaint to the Law Society against his former counsel and the outcome of a constitutional challenge to presumptions under the Misuse of Drugs Act.
Under Section 18(1), a person who is proved to be in possession of certain things containing a controlled drug is presumed to have had that drug in his possession, until he proves the contrary.
The stay order comes after the Post-Appeal Applications in Capital Cases Act (Pacc Act), which was passed by Parliament on Nov 29, 2022, came into effect on June 28, 2024.
The Ministry of Law on its website said that the new law safeguards the administration of justice and the rule of law.
The Pacc Act aims to prevent abuse of court processes.
It sets out steps that death row inmates have to take before filing further applications to delay their executions after they have exhausted their appeals.
Only the Court of Appeal can hear such applications and, among its considerations, it must determine whether the applications have a reasonable prospect of success and if there was a delay in filing them.
Pannir was granted permission to file his Pacc applications on two grounds.
In affidavits, he said that he was a material witness in the complaint to the Law Society against his former lawyer, Ong Ying Ping.
He said he retains an interest in the outcome and added that he may act against Ong for the recovery of fees and damages.
Among other things, Pannir claimed in his application that his lawyer had pressured and misled him into signing a notice to act in person.
He said Ong also notified him of his refusal to represent him only three days before a hearing in August 2024.
Justice Woo noted that the Law Society had on Jan 13 informed Pannir that his complaint would be referred to the chairman of the inquiry panel by the Council of the Law Society, which would constitute a committee to review the complaint.
He said the proceedings against Ong do not have any bearing on the propriety of Pannir's conviction or sentence, but added that there is a reasonable prospect of success on this front.
The judge said Pannir had acted promptly in providing a detailed account of Ong's alleged misconduct to his current lawyer, Too Xing Ji - by Sept 6, 2024, and that he had sought out Too for his assistance as early as August or September 2024 to prepare the complaint against Ong.
Said Justice Woo: "Thus, I am unable to conclude at this stage that the applicant's complaint is just a stopgap measure to delay his execution." The judge also granted Pannir's application on the grounds that a constitutional challenge against provisions of the Misuse of Drugs Act remains before the Court of Appeal.
Four convicted drug traffickers had argued that the provisions violate the constitutionally protected presumption of innocence. They lost their case in the High Court in November 2024, according to the Singapore daily report.
On Jan 23, 2025, the Court of Appeal invited further submissions from the parties involved.
Justice Woo said that although Pannir is not a party in the case, he is similarly situated to the claimants as he was convicted on the basis of the presumption under the Misuse of Drugs Act.
The judge said that if the appeal were to succeed, it would have a fundamental impact on his conviction.
Justice Woo granted the stay on the basis that there is a reasonable prospect of success on these applications.
(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)
Track Latest News Live on NDTV.com and get news updates from India and around the world
