Monday, 16 January 2017 | MYT 3:14 PM
Mum and Singapore death row son want ICJ to look into case
KUALA
LUMPUR: In an unprecedented case, death row inmate S. Prabagaran and
his mother are making a judicial review application to direct the
Malaysian Government to start proceedings against Singapore in the
International Court of Justice over his conviction for drug trafficking.
His lead counsel N. Surendran said the application for leave
was filed at the High Court registry here Monday to stop Prabagaran's
execution after he was convicted for drug trafficking.
He said they filed the case in Malaysia because Prabagaran had exhausted all appeals in Singapore.
"There is no other way to save Prabagaran's life. The main
grounds (cited in the application) is that fair trial was denied in
Singapore," Surendran told reporters.
He said they are asking the Malaysian Government to step in
as "every person has the right to a fair trial, which is guaranteed
under customary international law".
Asked by the media, Surendran said the application does not
mean that they are interfering in Singapore's internal matters but
merely seeking justice.
In the application for leave, Prabagaran and his mother V.
Eswary named the Foreign Ministry and the Malaysian Government as
respondents.
Among others, they want a declaration that the respondents
are legally obliged to protect and give effect to Prabagaran's right to a
fair trial, life and liberty.
Eswary cried uncontrollably after the filing of the court papers.
"He is innocent and I just want his release," she said in between her sobs.
In her affidavit in support, Eswary said her son was
convicted in the Singapore High Court on July 22, 2014 for trafficking
in 22.24gm of diamorphine.
She said Prabagaran was sentenced to death on Sept 22, 2014 under the Misuse of Drugs Act.
Eswary said her son's appeal to the Singapore Court of Appeal was dismissed on Oct 2, 2015.
Prabagaran then applied to the Court of Appeal to re-open
his appeal and set aside his sentence, but the motion was dismissed on
Dec 2 last year.
She said that Malaysia, on its own and in exercising the
protection of its nationals, is entitled to full reparation for the
wrongs done.
She said that on Dec 21 last year she and members of the Singapore
Anti-Death Penalty Campaign submitted a memorandum to the Malaysian
Government at its high commission in Singapore to refer her son's case
to ICJ based on breach of fair trial but there has been no response
until now. - Star, 15/1/2017
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