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Thread: Court grants Malaysian drug runner’s application for stay of execution

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    Senior Member remember_Cedric's Avatar
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    Default Court grants Malaysian drug runner’s application for stay of execution

    Channel NewsAsia - Thursday, December 3

    Interesting read.

    What do you think? :

    SINGAPORE: In what is possibly the first case of its kind, the High Court has granted a Malaysian drug runner’s application for a stay of his execution.

    Yong Vui Kong, 21, was found guilty in November 2008 of trafficking 47g of heroin by Justice Choo Han Teck, who imposed the mandatory death sentence for offences involving more than 15g of heroin.

    He was scheduled to be hanged on Friday.

    Yong had previously made an application to appeal the sentence, but that was withdrawn before he appeared before the Court of Appeals. It is not known why he had decided to withdraw.

    The ruling on Wednesday means Yong’s lawyer, Mr M Ravi, will now be given a chance to have the case heard before the Court of Appeals — the highest court in the Singapore justice system — on December 8.

    On Tuesday, the lawyer made the application before Justice Woo Bih Li, arguing that until the appellant process had been exhausted, a person cannot be deprived of his life.

    According to Mr Ravi, it is also now clear that the mandatory death penalty, particularly for cases not involving murder, is "contrary to international law because it is both arbitrary and cruel".

    In his opinion, it is also necessary to "preserve the status quo and protect his client from execution until the full Court of Appeal has heard his application for an extension of time and full appeal on the merits".

    Mr Ravi also called on Justice Woo to order "a stay of execution until the matter is heard by the full three Court of Appeal judges, as required by Section 30 of the Supreme Court Judicature Act".

    Despite protests from Deputy Public Prosecutor Jaswant Singh, Justice Woo agreed that Yong should be given the fullest opportunity to have his appeal heard as he was about to be executed.

    During the two—week trial in 2008, Yong, then 19 years old, had told the court that he was unaware of the contents of the packages as he drove into Singapore, and that he was merely following the instructions of his boss in Johor Bahru to deliver items to people here.

    The identity of Yong’s employer, who is said to be driving a Singapore—registered car at the time of the offence, is unknown.

    After the hearing, Mr Ravi told MediaCorp that he felt that the outcome was "fair" and "encouraging".

    "It is important that the court carefully considers the death sentence ... the accused was at that time young and na, so this is an opportunity for people like him to be rehabilitated," the lawyer added.

    — TODAY/sc
    Source from: Yahoo! NEWS / Channel NewsAsia
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  2. #2
    Moderator Ken Cheng's Avatar
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    It's definitely a first, all right. I thought Malaysia's justice system has always been "execute them first, ask questions later" when it came to narcotics.

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    Senior Member Guo Xiang's Avatar
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    Quote Originally Posted by Ken Cheng View Post
    It's definitely a first, all right. I thought Malaysia's justice system has always been "execute them first, ask questions later" when it came to narcotics.
    It's Singapore, not Malaysia.

    A local clemency petition seeking to give him a chance didn't get many signatures and the president apparently threw it out.

    Yong's appeals have been rejected three times before this, and his lawyer have had difficulties in meeting his client.

    Let's hope this new turn of events will spell something good for the young man.
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    He should get the penalty according to the law of the land, no more and no less.

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    Senior Member Guo Xiang's Avatar
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    Here is what's not reported in the mainstream media; at least a quick look at google search results turn up nothing but these blog reports.

    One day after Justice Woo Bih Li granted Yong Vui Kong a stay of execution, Deputy Public Prosecutor Jaswant Singh (DPP during yesterday’s hearing) filed an appeal against it on the behalf of the Attorney-General’s Chambers (AGC).

    In the letter to the Supreme Court Registrar, it was stated that the AGC “are of the view that the High Court did not have jurisdiction to hear the said Criminal Motion and consequently the order of a stay of execution was wrong in the law”. The letter also mentioned that the AGC intends to address the Court of Appeal on this issue during the hearing next Tuesday (8 December).

    M Ravi, legal counsel for Yong Vui Kong has filed a rebuttal against the appeal made by the AGC. Ravi wrote that “… there are specific procedures for filing an appeal against a decision of the High Court and under section 46 the trial judge should record in writing the grounds of his decisions. We do not consider the letter from the Deputy Public Prosecutor meets the requirements of the Act.”

    Source: http://rachelzeng.wordpress.com/2009...ging-the-stay/
    Edited: The report came up in tonight's papers.
    Last edited by Guo Xiang; 12-04-09 at 11:49 AM.
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    Senior Member FruityPunch's Avatar
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    That only serves to delay the inevitable in this ruthless little capital of death sentences. It's one way of saving money and freeing up cells.
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    The evidence against Yong is irrefutable in any court, including the anti-capital punishment countries. Ergo, he deserved the punishment of the land, Singapore. He knew fully well what he was getting into when he peddled drugs in the country.

    Incidentally, Singapore may be a ruthless little country but the death sentence for drug pushers is welcomed by everyone except for a few fakes. Just find out what opium did to their fore fathers and their motherland.

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    Senior Member MrIllusion's Avatar
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    Quote Originally Posted by FruityPunch View Post
    That only serves to delay the inevitable in this ruthless little capital of death sentences. It's one way of saving money and freeing up cells.
    The cost of execution is generally understood to be higher than cost of life imprisonment.
    The Truth is out there
    I say we leave it there...

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    Senior Member pemberly's Avatar
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    Quote Originally Posted by MrIllusion View Post
    The cost of execution is generally understood to be higher than cost of life imprisonment.
    only if you do it the "humane" way. if you put a guy in front of a firing squad like in china, i doubt it would cost more.
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    Senior Member MrIllusion's Avatar
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    Quote Originally Posted by pemberly View Post
    only if you do it the "humane" way. if you put a guy in front of a firing squad like in china, i doubt it would cost more.
    I believe the bulk of the costs are administrative and manpower overhead, from having longer trial durations, more lawyers assigned to the cases, cost of logistics and manpower during trial period etc.
    The Truth is out there
    I say we leave it there...

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    Sounds like that money goes into feeding other people, even if they are already well off. As opposed to feeding some guy who'll never again know a world outside his cell.

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    Senior Member pemberly's Avatar
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    Quote Originally Posted by MrIllusion View Post
    I believe the bulk of the costs are administrative and manpower overhead, from having longer trial durations, more lawyers assigned to the cases, cost of logistics and manpower during trial period etc.
    yet again, i do believe that's in Western countries. I think execution trials go very quickly in China. i'd assume "trials" are even quicker in some south east asian and african countries.
    nytimes: Every hr you have 10 minutes where you’re not doing anything productive at work, & you can’t look at porn. So you make a comment & fulfill this desire to show yourself off as a smarty-pants.

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    Quote Originally Posted by pemberly View Post
    yet again, i do believe that's in Western countries. I think execution trials go very quickly in China. i'd assume "trials" are even quicker in some south east asian and african countries.
    Quicker in SE Asian and African countries? On what basis are you making this assumption? I have read of trials in Malaysia, Thailand that are 10 years, 7 years 5 years. It depends on the cases, if the accused has money , usually there will be appeals and counter appeals... so it's long. Mostly due to backlog of cases. Or in the cases that are of interest to the public prosecutor, the initial trials seemed to be faster, but the appeal process takes years too. Singapore has a smaller population and can do things faster, it does not mean that there is no due process.

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    Senior Member pemberly's Avatar
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    Quote Originally Posted by bella25 View Post
    Quicker in SE Asian and African countries? On what basis are you making this assumption? I have read of trials in Malaysia, Thailand that are 10 years, 7 years 5 years. It depends on the cases, if the accused has money , usually there will be appeals and counter appeals... so it's long. Mostly due to backlog of cases. Or in the cases that are of interest to the public prosecutor, the initial trials seemed to be faster, but the appeal process takes years too. Singapore has a smaller population and can do things faster, it does not mean that there is no due process.
    those are the trials that get the publicity. but what of all the trials that go under the radar or the trials where the accused doesn't have enough money to afford a good lawyer?

    and then there are the cases where the accused gets no trial.
    nytimes: Every hr you have 10 minutes where you’re not doing anything productive at work, & you can’t look at porn. So you make a comment & fulfill this desire to show yourself off as a smarty-pants.

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    Quote Originally Posted by pemberly View Post
    those are the trials that get the publicity. but what of all the trials that go under the radar or the trials where the accused doesn't have enough money to afford a good lawyer?

    and then there are the cases where the accused gets no trial.
    It's not just in poor countries or Singapore or China that an accused who is poor cannot defend his/her case. It is true in the US too. The public defender is not always the TV character that can do his best or has a slew of detectives to gather evidence. Pro bono lawyers are not always available.

    I have never heard of the death sentence being handed down by the lowest court in Singapore or Malaysia. If justice was rushed, they would just be executed after the one court hearing. I am sure Asian countries can improve their legal systems, but we don't have death sentences for reducing costs, but because the crimes committed are heinous and the people want it.

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    Senior Member Guo Xiang's Avatar
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    An update on the case:

    The guy will be hanged.
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    Feel sorry for him. So young. Was hoping he will get a second chance. He was only 19 back then.
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    Quote Originally Posted by kidd View Post
    Feel sorry for him. So young. Was hoping he will get a second chance. He was only 19 back then.
    That's true, when you're 19 you do foolish things. I'm 26 and I still do foolish things, thankfully not as much anymore! In the greater context of the world, we're still relatively young, right?
    I like me.

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    Senior Member Guo Xiang's Avatar
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    Quote Originally Posted by ByTmE View Post
    That's true, when you're 19 you do foolish things. I'm 26 and I still do foolish things, thankfully not as much anymore! In the greater context of the world, we're still relatively young, right?
    Reminds me of how in the ancient days, 26 was considered as middle-aged.
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    Quote Originally Posted by Guo Xiang View Post
    Reminds me of how in the ancient days, 26 was considered as middle-aged.
    Thanks, I needed that. NOT LoL

    Still I feel so bad for that young man...so young.
    I like me.

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