On eve of execution, Malaysian inmate to file suit against Putrajaya over failure to probe new evidence

Malaysian national Pannir Selvam Pranthaman, who is fighting for his life in Singapore, has commenced a judicial review against the Malaysian government to compel the release of details from an interview conducted by Malaysian police last month, during which new details were believed to have emerged regarding how the 38-year-old was duped by drug traffickers, leading to his arrest in 2014.

This comes as Pannir, who has languished in Changi Prison for the past 11 years following his 2014 arrest in Singapore for possession of heroin, is scheduled to be executed early tomorrow.

Lawyer N Surendran said he will urgently file a judicial review against the Malaysian government for failing to conduct further investigations into Pannir's case.

"⁠In light of the information that has been provided by Pannir Selvam, he is entitled to a stay of execution to enable him to obtain a certificate of substantive assistance from the Singapore authorities to enable his death sentence to be commuted to imprisonment," said Surendran.

Today, Deputy Home Minister Shamsul Anuar Nasarah told Parliament today that there were no grounds to conduct further investigations, despite four hours of questioning by Malaysian police on Sept 27.

“The information provided by the subject had no operational value for the police to conduct further investigations,” he said during a special chamber session in Parliament.

He was responding to Bukit Gelugor MP Ramkarpal Singh who asked for confirmation whether police were following up on the interview.

Surendran slammed Shamsul for the reply, saying it was “contrary and inconsistent” with the police’s decision to interview Pannir in Changi Prison.

"⁠Further the stand taken by the government is contrary to the information within our possession," he added.

Ramkarpal had earlier stated that Pannir would be a material witness in proceedings that could help apprehend those responsible for cross-border trafficking of illegal drugs, but noted that Bukit Aman had provided no update to Pannir’s lawyer.

Lawyers and activists have pointed out that Pannir’s case is rife with violations of international human rights laws, adding that the circumstances of the offence and the fact that he assisted police in arresting drug traffickers have been ignored.

“Pannir has attempted many times to commute his sentence to imprisonment, to no avail. This in spite of him giving information that has assisted in arresting drug traffickers which should be grounds for the issuance of a 'certificate of substantive assistance’ by the Public Prosecutor to commute his death sentence,” said Zaid Malek from Lawyers for Liberty.

Zaid said that by proceeding with his execution, Singapore “achieves nothing in actually combating the illegal drug trade or apprehending the drug kingpins.”

At press time, a protest is being held outside the Singapore High Commission in Kuala Lumpur, with family members and activists calling on the city-state to spare Pannir’s life.

Pannir was arrested in 2014 after being found in possession of 51.84g of heroin and was convicted three years later.

Although the judge found that Pannir had acted as a “courier”, the prosecution did not provide him with a Certificate of Substantial Assistance, leading the court to impose the mandatory sentence of hanging.

“This process violates the right to a fair trial, as it placed the decision between a life-or-death sentence in the hands of the prosecution, which is not a neutral party in the trial and should not have such powers, and as it breaks down the clear separation that must exist between prosecution and the court,” said a joint statement by 20 organisations in February, urging Prime Minister Anwar Ibrahim to intervene on Pannir’s behalf and spare his life.

The PAP-led Singapore government has defended its spree of executions in recent years even as neighbouring Malaysia announced a major step to abolish the mandatory death penalty, including for drug offenders.

Critics have pointed out that many of those convicted are drug mules from poor families, while the drug kingpins who employed them often go unpunished.