Singapore's top court stays execution of Malaysian-Indian after he tests COVID-19 positive
Singapore, Nov 9: A 33-year-old Indian-origin Malaysian man's execution was stayed on Tuesday by Singapore's top court after the convicted drug trafficker, believed to be mentally challenged, tested positive for COVID-19.
Nagaenthran K Dharmalingam was to be hanged at Changi Prison for drug trafficking on Wednesday. Singapore's High Court on Monday suspended his scheduled execution until an appeal is heard during an online hearing.
Nagaenthran, who has been on death row for 11 years, was ushered in briefly into the dock at the Court of Appeal for the hearing of a last-ditch appeal against his death sentence, Channel News Asia reported.
However, he was later abruptly taken away, and a judge informed the court that Nagaenthran had tested positive for COVID-19.
Justice Andrew Phang, who appeared with fellow judges Judith Prakash and Kannan Ramesh, said, "this is rather unexpected".
He said the court was of the view that it was not appropriate to proceed, "given the circumstances".
"The execution is scheduled for tomorrow," said Justice Phang.
"... If the applicant has been afflicted by COVID-19 ... it's our view that the execution cannot take place anyway," the judge said.
The prosecution said they only just heard of the development and needed to take instructions.
"I think here, we have to use logic, common sense and humanity," said Justice Phang.
He adjourned the hearing to a date yet to be fixed and issued a stay of the execution until proceedings are concluded.
Lawyer M Ravi had taken up Nagaenthran's case at the eleventh hour, ahead of his scheduled hanging on Wednesday.
His court application on Monday for a judicial review of the case on grounds of Nagaenthran's purported mental disability was dismissed, but the judge granted a temporary stay of his execution until after Ravi appealed against the dismissal.
The case was fast-tracked and the appeal set to be heard in the highest court on Tuesday afternoon, with a packed courtroom including foreign media and local activists.
Ravi was seen hugging a fellow counsel after the stay of execution was announced, according to a Channel News Asia report.
No other details of when Nagaenthran tested positive for COVID-19 were given, according to the Channel.
Nagaenthran was sentenced to death in 2010 for importing 42.72g of heroin into Singapore in 2009 in a bundle strapped to his thigh. He failed in his appeals to the High Court in 2011, to the Apex Court in 2019 and in his petition to the president for clemency.
The case drew international attention as Nagaenthran's impending execution neared.
Malaysia's Prime Minister Ismail Sabri Yaakob wrote to his Singapore counterpart Lee Hsien Loong on the matter, and human rights groups as well as Virgin Group founder Richard Branson also weighed in on the issue.
An online petition calling for him to be pardoned from the death sentence has since garnered more than 70,000 signatures. It argued that Nagaenthran should be spared the gallows because he had committed the offence under duress, and had been assessed to have a low IQ of 69.
The case came under the spotlight late last month when the Singapore Prison Service wrote a letter to Nagaenthran's mother on October 26, informing her that the death sentence on her son would be carried out on November 10.
The family was expected to travel from Ipoh, a major city in northern Peninsular Malaysia, to be with Nagaenthran at Singapore's Changi Prison. The prison's letter said the family would be allowed extended daily visits till November 10. The letter was circulated on social media.
Nagaenthran appealed to the Court of Appeal against his conviction and sentence, and his appeal was dismissed in September 2011.
In 2013, the law was changed to give judges the discretion to impose life terms and caning for drug couriers, instead of death, if specific conditions are met.
In 2015, he filed a resentencing application to set aside the sentence of death imposed on him, and to substitute it with life imprisonment.
The High Court dismissed this application in 2017, and the Court of Appeal dismissed the appeal in 2019. His petition to the President Halimah Yacob for clemency was also unsuccessful.
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Mumbai gears up for New Year celebrations; over 17,000 cops to be on duty
Mumbai (PTI): The Mumbai police have deployed more than 17,000 personnel as part of elaborate security arrangements to maintain law and order during the New Year celebrations, an official said on Tuesday.
Large gatherings are expected at prominent places in the city, including the Gateway of India, Marine Drive, Girgaon Chowpatty, Bandra Bandstand, Juhu and Versova beaches starting Wednesday evening. The celebrations at various hotels, restaurants and malls are likely to continue till the wee hours of Thursday.
In view of the celebrations, the police have made arrangements for a strict vigil to avoid any untoward incident in the city, the official said.
Nakabandi (police checkposts) will be set up at key locations, important roads, and patrolling on streets will be intensified, he said.
"The Mumbai police, along with the traffic wing, have deployed a massive security force comprising 10 Additional Commissioners of Police, 38 Deputy Commissioners of Police, 61 Assistant Commissioners of Police, 2,790 police officers and 14,200 police personnel," the official said.
In addition, the State Reserve Police Force (SRPF) platoons, Quick Response Team (QRT) teams, Bomb Detection and Disposal Squad (BDDS) teams, Home Guards and other forces have been deployed at sensitive and important locations, according to him.
The police will take strict action against those involved in eve-teasing, sale of illicit liquor and drugs, among other things, he said.
The police appealed to people to ring in the New Year and enjoy the celebrations in a peaceful manner by following all the rules.
Citizens are advised to contact the police helpline numbers 100 or 112 for immediate assistance, the official added.
In adjoining Thane, police have launched an enforcement campaign to ensure safety of revellers during New Year celebrations. Authorities have deployed a heavy force to monitor traffic violations and drunk driving.
Under the directives of Thane Police Commissioner Ashutosh Dumbare and Joint Commissioner Dnyaneshwar Chavan, the Traffic Branch has deployed 739 personnel, including 59 officers, across the city.
Road blockades have been established at 54 strategic locations across the city to regulate traffic.
Specific "hotspots" identified for intensive monitoring include Yeur, Upvan, Durgadi, Katai Naka, Mumbra, and Ranjanoli Naka. Police will use 51 breath analyzer machines to test motorists and have warned that strict action will be taken against those creating noise or behaving inappropriately.
Establishments such as bars, hotels, and farmhouses have been issued specific instructions to prevent patrons from driving under the influence of liquor.
Pankaj Shirsath, Deputy Commissioner of Police (Traffic Branch), emphasized the need for collective responsibility.
"The Thane traffic department is making sincere efforts to ensure that New Year celebrations are conducted smoothly. Therefore, it is very important to follow traffic rules as driving under the influence of alcohol, stunts or speeding can cause accidents," he cautioned.
