Shifting sands of death penalty advocacy in Singapore: Lessons from Gobi’s case
Gobi Avedian’s decade-long legal battle highlights critical flaws in Singapore’s justice system, from prosecutorial shifts to rigid legislation like the PACC Act. His eventual release underscores the shrinking space for death row advocacy, raising urgent questions about justice and representation.
by Ten Leu-Jiun
In the stillness of a Singaporean morning, Gobi Avedian’s lifeless body could have been carried out of Changi Prison, his neck snapped by the hangman’s noose—a fate prescribed by the courts at the time.
That outcome, however, never came to pass. On 17 December 2024, after a decade-long legal battle and a dramatic reopening of his case, Gobi walked out of Changi Prison alive and free. His case is one of the rare instances in Singapore’s legal history where a death sentence imposed by the apex court was later overturned.
Gobi’s Legal Journey: A Fight for Survival
Gobi’s ordeal began in 2014 when he was arrested for attempting to transport 40.22 grams of heroin into Singapore. Desperation to fund surgery for his daughter, who was suffering from a recurring jaw tumour, led him to accept a job from two acquaintances, Vinod and Jega.
They assured him that the substances were harmless “chocolate drugs” used in discos and not serious controlled drugs. Despite initial hesitation, Gobi agreed, believing their claims that even if caught, the consequences would be minor.
However, under Singapore’s Misuse of Drugs Act (MDA), possession of such quantities of heroin triggers a mandatory death sentence. The MDA includes presumptions that place the burden of proof on the accused, a framework that critics argue undermines the presumption of innocence.
At his trial in 2017, the High Court accepted Gobi’s defense that he had been deceived into believing the drugs were less serious substances and sentenced him to 15 years’ imprisonment and 10 strokes of the cane.
However, in 2018, the Court of Appeal reversed the decision, finding he had failed to rebut the presumption of knowledge and sentencing him to death. His clemency plea was rejected in 2019, and his execution seemed inevitable.
The Turning Point: A Landmark Review
In 2020, Gobi’s case took an unexpected turn. A five-judge panel of the Court of Appeal revisited his conviction following a landmark ruling in Adili Chibuike Ejike v Public Prosecutor.
This case clarified two critical legal concepts: “actual knowledge” and “wilful blindness.”
Applying this clarification, the court found that the Prosecution’s inconsistent arguments—claiming wilful blindness at trial and actual knowledge on appeal—had unfairly prejudiced Gobi.
The court ruled that the Prosecution had not proven beyond a reasonable doubt that Gobi was wilfully blind to the nature of the drugs and reinstated the High Court’s original sentence.
The Role of M Ravi
Central to Gobi’s eventual release was the relentless advocacy of human rights lawyer M Ravi. Ravi leveraged the Adili ruling to argue that Gobi’s conviction was a miscarriage of justice. His ability to navigate Singapore’s rigid legal system and challenge the Prosecution’s inconsistent approach was pivotal.
However, Ravi’s outspoken critique of the Prosecution’s handling of Gobi’s case drew significant backlash.
He called for an apology to Gobi and his family for the suffering they endured. These public comments, along with his criticism of the legal system, led to disciplinary actions, culminating in his five-year suspension from legal practice in 2023.
Despite the risks and challenges, Ravi’s dedication to justice saved Gobi from the gallows.
The PACC Act and the Changing Landscape of Advocacy
Gobi’s case highlights the shrinking avenues for death row inmates to challenge their convictions. In 2024, the Post-Appeal Applications in Capital Cases (PACC) Act introduced stricter procedural requirements for filing post-appeal applications, including the need for court permission to proceed.
Courts were also empowered to impose personal cost orders and initiate disciplinary action against lawyers who submitted applications deemed frivolous or abusive. While aimed at curbing delays, these measures have raised concerns about discouraging meaningful advocacy and restricting access to justice.
The passing of the PACC Act, along with the suspension and disbarment of prominent advocates like Ravi, signals the end of an era of unimpeded advocacy for death row inmates. Without adequate protections or incentives, fewer lawyers are now willing to take on such high-stakes cases.
The Human Cost of the Death Penalty
Gobi’s release, while a victory, underscores the profound human cost of the death penalty. His decade-long legal battle highlights the immense emotional toll on his family, including his daughter, whose medical needs set this tragic chain of events in motion. It also exposes the barriers faced by those seeking justice, particularly under an increasingly restrictive framework.
As Singapore tightens its legislative and procedural controls, cases like Gobi’s may become exceedingly arduous, especially as death row inmates increasingly have to represent themselves due to the apprehension of lawyers in Singapore. This raises urgent questions about the future of capital punishment cases and the availability of quality legal representation in life-and-death matters. As 2024 draws to a close, Gobi’s family finds solace in his return—a life spared and a chance for healing.
Timeline of Gobi’s Case
- December 2014: Gobi is arrested at the Singapore-Malaysia border for attempting to transport 40.22 grams of heroin, exceeding the threshold for a mandatory death sentence under the Misuse of Drugs Act.
- 2017: The High Court accepts Gobi’s defence that he was deceived into believing the drugs were less serious and sentences him to 15 years imprisonment and 10 strokes of the cane.
- 2018: The Court of Appeal overturns the High Court’s decision, finding Gobi failed to rebut the presumption of knowledge. He is sentenced to death.
- July 2019: Gobi’s clemency plea is rejected by the President of Singapore.
- 2020: A five-judge panel of the Court of Appeal reopens Gobi’s case, prompted by new legal clarifications in Adili Chibuike Ejike v Public Prosecutor. The court reinstates the original High Court sentence of 15 years’ imprisonment and 10 strokes of the cane.
- December 2024: Gobi is released from prison after serving his sentence with remission for good behaviour.
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