In response to the false statements, MHA said that an execution will only be scheduled when a prisoner has exhausted all rights of appeal and the clemency process.
It said this is the case for all prisoners awaiting capital punishment, including the person mentioned in TJC’s posts.
The person was also afforded due legal process, said MHA.
Providing the details of the case, the ministry said that the person was arrested on Apr 12, 2016, and underwent trial in the High Court in 2018.
He was convicted of having in his possession for the purpose of trafficking 36.93g of diamorphine – or pure heroin – and was sentenced to death on Feb 15, 2019.
His appeal against his conviction and sentence was dismissed by the Court of Appeal on Nov 25, 2019, while his application for clemency was denied by then President Halimah Yacob on May 20, 2020, said MHA.
The ministry said that after a person’s right of appeal has been exhausted, they are free to engage counsel of their choice to represent them in any post-appeal applications.
In this case, the person went on to file three legal applications for permission to take out review proceedings in respect of his appeal.
“Two of these review applications were filed within days of his scheduled executions,” the ministry said.
He was represented by counsel of his choice in all three review applications, MHA said, adding that, in all, he was represented by no fewer than eight lawyers throughout the legal proceedings.
“He was not denied legal counsel at any stage,” the ministry said.
The person was given notice on Jul 29 that his execution would take place on Aug 2.
His third review application was dismissed on Jul 30 by the Court of Appeal after it found the application to be “totally without merit” and that “its commencement and continuation was an abuse of the process of the court”, said MHA.
It added that the court found the application was an abuse of process and dismissed it before his sentence was carried out.
“It is therefore false and misleading to suggest that the execution of the Singaporean death row prisoner on Aug 2, 2024, was scheduled without regard for due legal process”
The ministry also said that scheduled executions are not arbitrarily stayed by the state.
“They are stayed by reason of the prisoner’s own applications,” the ministry said.
“Where such applications are filed, the court will have to consider if there is merit in them.”
To the claim that Singapore makes laws pertaining to the death penalty arbitrarily, MHA said: “All laws in Singapore, including those relating to the death penalty, are considered and enacted by the legislature – consisting of the parliament and the President – according to proper legal process.
“Any law that is sought to be introduced or amended, must go through the parliamentary process and be assented to by the President before it becomes law.”
