CNB calls out 'misinformation' in Nagaenthran's case by reiterating court's findings

Malaysian Nagaenthran K Dharmalingam, who was arrested for trafficking 42.72g of heroin into Singapore in 2009, had his capital sentence carried out today (April 27) at Changi Prison Complex, said the Central Narcotics Bureau (CNB) in response to media queries.

Nagaenthran, who was arrested at Woodlands Checkpoint 13 years ago, was bringing in nearly half a kilo of a powdery substance which contained at least 42 grams of pure heroin - enough to feed the addiction of 510 drug abusers for a week, said CNB.

The 34-year-old was convicted and sentenced on Nov 22, 2010.

The agency posted on its website today that there has been much misinformation put out in relation to Nagaenthran, in particular on his mental state. 

Nagaenthran had made a total of seven applications (not including appeals) from February 2015 to this week, said CNB.

All his applications and appeals were unsuccessful. 

On its website, CNB pointed out that the Singapore courts have found, among others, that:

1. Nagaenthran knew what he was doing; and that he did not suffer from intellectual disability.

2. A psychiatrist called by the defence lawyers on Nagaenthran's behalf agreed in court that Nagaenthran was not intellectually disabled.

3. His actions showed that he was "capable of manipulation and evasion". For instance, he was "continuously altering his account of his education qualifications… to reflect lower educational qualifications each time he was interviewed".

4. Nagaenthran's actions "evidenced a deliberate, purposeful and calculated decision", "in the hope that the endeavour would pay off, despite the obvious risks". 

CNB added that the Singapore courts have also noted that the assertion made in 2021 that Nagaenthran possessed the mental age of a person below 18 years of age, was the opinion of M. Ravi, Nagaenthran's counsel.

However, Ravi conceded that he did not possess any medical expertise to comment on this matter.

He also refused to consent to having Nagaenthran's latest medical and psychiatric reports placed before the court.

CNB said that the courts also noted that Ravi had only met Nagaenthran once in the last three years, for a total of 26 minutes on Nov 2, 2021. 

CNB pointed out that in the US, two persons who were executed in October 2021 had IQ ranges of 64 to 72 and 63 to 95 respectively, similar to Nagaenthran.

The US courts dismissed arguments relating to their alleged intellectual disability, said CNB.

Nagaenthran, who was sentenced to death in 2010, had been on death row for more than a decade.

His brother Navin Kumar, 22, said the body would be sent back to Malaysia where a funeral would be held in the town of Ipoh, reported Reuters today.

About 300 people held a candlelight vigil at Hong Lim Park on Monday to protest against the planned hanging.

Home Affairs and Law Minister K. Shanmugam said in Parliament last month during the Budget debate that the death penalty continues to remain relevant in Singapore.

He said the majority of Singapore residents still support the use of the death penalty and agree that it deters serious crime, citing preliminary findings from a survey conducted by the Ministry of Home Affairs last year.

KEY EVENTS

2009 - Nagaenthran was caught crossing into Singapore from Malaysia with 42.72g of heroin strapped to his left thigh.

2010 - He was convicted and sentenced to death.

2011 - He failed in his appeal to the High Court. 

2015 - He appealed to have his sentence commuted to life in prison.

2017 - The High Court upheld his death sentence after considering expert evidence from four psychiatric and psychological experts. The court found that he was not suffering from an abnormality of mind at the time of the offence.

2019 - He failed in his appeal to the Court of Appeal.

2021 - He filed a last-ditch application seeking to challenge his death sentence.

2022, March 29 - A five-judge Court of Appeal, led by Chief Justice Sundaresh Menon, rejected his bid, calling it a blatant and egregious abuse of the court's processes.

2022, April 25 - Court papers filed on behalf of Nagaenthran and his mother Panchalai Supermaniam sought to stay the execution on the ground that CJ Menon ought not to have presided over Nagaenthran's matters, as his tenure as Attorney-General overlapped with Nagaenthran's prosecution.

2022, April 26 - This application was dismissed on Tuesday by a three-judge court, led by Justice Andrew Phang.

2022, April 27 - Nagaenthran was hanged.

The Attorney-General's Chambers (AGC) said it "takes a serious view of any act that may constitute contempt, and will not hesitate to take appropriate action to protect the administration of justice".

This comes after various individuals and groups, in and outside Singapore, had repeated false allegations that sought to cast aspersions on the involvement of CJ Menon in the case, said AGC.

READ ALSO: AGC flags potential contempt over false allegations in drug trafficker Nagaenthran's case

desmondng@asiaone.com