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Free Malaysia Today
07-08-2025
- Politics
- Free Malaysia Today
S'pore court reserves judgment on death row inmate's post-appeal bid
P Pannir Selvam was given the mandatory death penalty on May 2, 2017, after being convicted of importing 51.84gm of diamorphine into Singapore. (Facebook pic) SINGAPORE : Malaysian death row inmate P Pannir Selvam gained reprieve when the Singapore Court of Appeal reserved its judgment following the second hearing on his post-appeal application today. The Singapore home affairs ministry's policy on the scheduling of executions came under scrutiny during the proceedings, as Pannir's counsel and the Attorney-General's Chambers addressed the content of affidavits they submitted after the first hearing on May 7. At the initial hearing, the court observed that Pannir's request for a stay of execution – pending the conclusion of disciplinary proceedings arising from his complaint to the Singapore Law Society – rested fundamentally on the principle that the ministry's policy on execution scheduling must be applied equally to all. His lawyers argued that the policy applied to him differed from an earlier policy, thereby violating his right to equal treatment under Article 12 of the Constitution. Chief Justice Sundaresh Menon, who led a five-member bench, said Article 12 does not prohibit a state agency from changing its policy. 'Article 12 applies by looking at the current legislation, the current statute, or the current policy, and asking yourself whether that policy is being applied in a way that is unfairly discriminatory,' he said. Pannir's counsel, Ng Yuan Siang, argued that the ministry had not provided an explanation for the differing application of its policy between state and non-state proceedings. He submitted that the ministry's approach to preserving a prisoner's life had changed. Previously, executions could be delayed if a prisoner's testimony was needed in any legal case. Now, the ministry says delays are only considered if the testimony is needed in a state-led case. 'There have been no reasons provided by the ministry as to why this differential treatment between a state and a non-state proceeding is reasonable,' Ng said. In response, deputy senior state counsel Terrence Chua said the distinction exists because state-brought proceedings are, by definition, in the public interest. 'It goes beyond the interest of an individual PACP (prisoner awaiting capital punishment), whereas the PACP cannot claim to represent public interest in their private applications. 'But even then, I pointed out in my affidavit that state-brought applications are still assessed on a case-by-case basis,' he said. The court said if the applicant can show the policy can cause an unfair distinction between two people between whom there is no rational difference, he may be entitled to a ruling that the policy offends Article 12. The proceedings, which lasted over an hour, ended with Menon saying the court would reserve its judgment. Seated in the dock wearing a purple-coloured prison uniform, Pannir appeared calm throughout the proceedings, which was also attended by his siblings who had arrived from Malaysia earlier today. The hearing marks the latest chapter in Pannir's ongoing legal battle against his death sentence. He was convicted by the High Court on May 2, 2017, of importing 51.84gm of diamorphine into Singapore, and was given the mandatory death penalty. Pannir filed an appeal, which was dismissed by the Court of Appeal on Feb 9, 2018. With his family and legal team, he submitted petitions for clemency to the president of Singapore, who subsequently declined to commute the sentence. Pannir and his family were informed that he would be executed on May 24, 2019. He then filed another application to the Court of Appeal, seeking a stay of execution on grounds that he intended to challenge both the rejection of his clemency petition and the public prosecutor's decision not to issue a certificate of substantial assistance. The court granted this application on May 23, 2019. Following this, he filed several other judicial review applications. Pannir received another notice of execution on Feb 16, 2025, for a scheduled execution on Feb 20. He then filed for permission to make a post-appeal application in a capital case (PACC), seeking a stay of execution, which was granted on Feb 19. Judge of the appellate division Woo Bih Li said the stay was granted pending the determination of his PACC application. Singapore's PACC Act, which came into effect in June 2024, allows prisoners awaiting capital punishment to make post-appeal applications, which can only be heard by the Court of Appeal.
Yahoo
02-06-2025
- General
- Yahoo
The Pembrokeshire drug dealer who stashed 12 grams of heroin inside him
THIS is the face of a 'drug mule' who has been jailed after being caught with more than 12 grams of heroin stashed up his bum. Mark Briskham, 52, of Wavell Crescent in Pembroke Dock, was jailed for 16 months after admitting possession with intent to supply heroin and heroin possession. Sentencing him, Judge Geraint Walters said: 'Amongst all Class A drugs, this is the most harmful of them all. 'Engaging in the activity of supplying it has to be treated as a serious matter.' Swansea Crown Court heard that Briskham and another man drove to the Swansea area to pick up a quantity of diamorphine – heroin – at around 9.30am on June 8 last year. However, Briskham was stopped by police in Llanteg on his way back home that afternoon. No drugs were found in the car or on either of the men, prosecutor Caitlin Brazel said, so they were both taken to Withybush Hospital for a scan. The passenger's scan was negative, but Briskham then refused to be examined. He was taken to the police station and kept under supervision, until he asked to go to the toilet and expelled a package containing 12.7 grams of diamorphine from his rectum. A drug expert valued the heroin at £1,590 if sold in street deals. Briskham initially denied a charge of possession with intent to supply heroin, but admitted a charge of possession. However, he pleaded guilty on the morning of trial on a basis which was accepted by the prosecution. The defendant said he only wanted to buy seven grams of heroin for his own personal use. He had agreed to drive to pick the drugs up and bring them back, and would be supplied with seven grams out of the total haul when this was done. 'He's being used as a mule,' Judge Walters summarised. Mark Briskham was stopped by police whilst he had 12 grams of heroin stashed up his bum. (Image: Dyfed-Powys Police) 'There has been a significant gap in his offending,' said Jon Tarrant, in mitigation. 'In the last 17 years or so there has been very little which the defendant has troubled the court.' Mr Tarrant said Briskham contacted the health board about his addiction issues following his arrest, and was now drug-free. He said the defendant 'welcomed' his period in custody after pleading guilty, adding that it had been 'a bit of a wake-up call' for him. As he jailed Briskham, Judge Walters accused him of having 'played cat and mouse' with the police after initially refusing to be examined in hospital and then not pleading guilty to possession with intent until the morning of trial.