Man on death row granted clemency in rare move to ‘reduce disparity' between outcomes

Straits Times

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The man's sentence for drug trafficking was commuted to life imprisonment.
SINGAPORE – A man who was on death row for drug trafficking has had his death sentence commuted to life imprisonment after succeeding in his petition for clemency, which is rarely granted.
Tristan Tan Yi Rui, 33, was sentenced to death in February 2023 after he was found guilty of trafficking 337.6g of methamphetamine. His conviction and sentence were upheld by the Court of Appeal.
In response to queries from The Straits Times on Aug 15, the Ministry of Home Affairs (MHA) said that on Aug 14, President Tharman Shanmugaratnam, on the advice of the Cabinet, granted a pardon to Tan.
The statement said the Cabinet was advised that the sentence imposed on Tan was legally sound.
'Nevertheless, a recommendation was made to grant clemency to him because of the specific facts and circumstances of the case,' said MHA.
The statement said Tan was arrested as part of a Central Narcotics Bureau operation which involved the arrest of several other subjects.
One of the other subjects arrested in the operation, who was tried separately for a capital charge, eventually received a non-capital sentence.
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'The Cabinet decided to advise the grant of clemency to Tan to reduce the disparity in their respective outcomes,' the MHA said.
The statement added: 'Clemency is an exceptional power that is exercised as an act of executive grace.'
The Constitution provides that the President may, on the advice of the Cabinet, grant a pardon, reprieve or respite of the execution of the sentence, or remit the whole or any part of the sentence, penalty or forfeiture imposed by law.
In cases involving death row prisoners, a sentence of death may be commuted to a sentence of imprisonment or fine or both, said MHA.
The statement did not identify the subject who was given a non-capital sentence.
Tan was arrested on Sept 27, 2018, by CNB officers in Tampines.
He was behind the wheel of his car, a white Volkswagen, while another man was in the front passenger seat.
The officers found 499g of a crystalline substance in a packet, which was analysed and found to contain not less than 337.6g of methamphetamine.
The prosecution contended that Tan intended to traffic in the drugs. It relied on evidence showing that he had made arrangements with his drug supplier, known to him as 'Hari', to take possession of the drugs.
This included messages found on a mobile phone which involved negotiations with Hari regarding the sale and handover of the drugs.
The defence argued that Tan did not know the nature of the drugs nor intended to traffic in them.
He said the drugs were bought by members of Hari's group, and that he had merely been acting as a driver for the man who was tasked to collect the drugs.
Tan testified that he was a regular drug user and that Hari sometimes gave him drugs for free in exchange for favours such as ferrying Hari's friends around in his car.
He said the mobile phone was left in his car by one of Hari's friends.
In convicting Tan, the High Court found that he was the sole user of the mobile phone, had actual knowledge of the nature of the drugs and failed to rebut the presumption of possession for the purpose of trafficking.
In imposing the mandatory death sentence, the judge said Tan's role was not limited to that of a courier.
Moreover, the prosecution did not issue a certificate of substantive assistance.
Tan was represented by lawyer Ramesh Tiwary.