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The Court of Appeal on Jul. 6 dismissed the last-minute appeal for a stay of execution of Kalwant Singh a/l Jogindar Singh.

Scheduled to be hanged on Jul. 7

The 31-year-old Malaysian, from Cameron Highlands, was scheduled to be hanged on Jul. 7, according to the Central Narcotics Bureau's (CNB) Jul. 5 statement.

He was convicted of possessing not less than 60.15g of heroin for the purpose of trafficking, and of trafficking not less than 120.90g of heroin.

His co-accused, a 48-year-old Singaporean, Norasharee Bin Gous, is also scheduled to be hanged on the same day for instigating another man, Yazid, to traffic in not less than 120.90g of heroin.

Appeared in court in court on Jul. 6

Kalwant applied to the Singapore Court of Appeal to seek judicial review, and challenge his conviction and sentence.

CNB stated that the death row inmate made his application after he learnt that he was scheduled to be hanged.

On Jul. 5, he was given permission to put forward his application.

Kalwant appeared via video link in a white top for the Jul. 6 court hearing.

The application was heard virtually at 3pm by a three-man bench, comprising Chief Justice Sundaresh Menon, Justice Andrew Phang Boon Leong, Justice Tay Yong Kwang.

The Supreme Court gallery was filled with members of the media and public.

Kalwant's family were in attendance, while his sister and niece, Sonia and Kellvina, were at the vicinity of Changi Prison in anticipation of a last-minute visit with him.

The death row inmate was represented by lawyer Too Xing Ji from BMS LAW LLC.

Court dismissed application

Chief Judge identified "two strands" to Kalwant's application and dismissed both.

A majority of the hearing was spent discussing one part of Kalwant's application which was to challenge why he did not receive a certificate of substantive assistance for the information that he had supplied to CNB officers.

Public prosecutors can give those accused of drug trafficking, specifically those that are found to be couriers, a certificate of substantive assistance, where the court has the discretion to commute offenders to a life in prison and caning in lieu of the mandatory death penalty.

However, this is on the condition that the accused is found to have substantively assisted CNB to disrupt drug trafficking activities within and/ or outside Singapore.

Defence: Information was provided

Too claimed that his client had provided CNB officers with information on a drug trafficker who was wanted by the CNB.

This included describing to CNB officers the man's appearance and the car he drove – a white Honda Integra – which he was eventually arrested in.

CNB did not deny that the suspect was eventually arrested in the white Honda Integra that Kalwant had described to the agency, Too said.

Based on this, he argued that Kalwant should receive a certificate of substantive assistance.

Chief Judge Menon acknowledged Kalwant "efforts", where he had provided CNB with information, but disagreed and said it was important to also consider if the information he provided was used by CNB, and whether it was actually useful to the agency.

He cited a three-page affidavit from a CNB officer who swore on oath, and said that that the agency did not use the information that Kalwant had supplied.

Additionally, Chief Judge Menon said CNB's arrest of the suspect was made based on information resultant from the investigations in another case, which was unrelated, and the agency "did not rely or refer" to any information from Kalwant during the suspect's arrest.

Defence: Information led to the launch of a sting operation

Kalwant also participated in the sting operation to ambush and apprehend the man at Toh Guan Avenue in October 2013, but he did not show up

Too said this information was crucial in helping CNB launch a sting operation and argued that Kalwant should be given a certificate of substantive assistance.

However, Chief Judge Menon disagreed with Too and said certificates are not given each and every time a sting operation is launched.

He further said the sting operation was not a success as the man was not arrested, despite Kalwant's assistance.

The court heard that the man was arrested on another date.

Defence: Information was used

Too then argued that CNB officers had used Kalwant's information, regardless of the sting operation's success.

This too, was shut down by Chief Judge Menon, who again referenced the three-page affidavit from the CNB officer who swore on oath that the agency did not use the information that Kalwant had supplied.

Judge Phang chimed in with a hypothetical scenario and said even if CNB officers had used the information that Kalwant provided, that does not constitute substantive assistance.

If that were the case, a certificate of substantive assistance would have to be given to every accused drug offender each time that their information is used.

All things considered, Chief Judge Menon dismissed the argument that Kalwant should be given a certificate of substantive assistance on the basis that the information Kalwant had provided did not enhance CNB's "operational effectiveness".

Too asked the court to let Kalwant's family members see him one last time after the application was dismissed.

Chief Justice Menon said these were matters for the Singapore Prison Service to assist and urged prosecutors to help in the arrangements.

Both Kalwant and Norasharee are scheduled to be hanged on Thursday, Jul. 7.

Background

Top image from Wikimedia Commons and @wakeupsingapore/Instagram