Yong Vui Kong’s counsel, Mr M Ravi has filed in the Judicial Review in High Court on 21 July 2010.
The hearing is scheduled on this coming Wednesday, 28 July 2010@ 10am at the High Court of the Republic of Singapore.
Will keep you all update of the outcome.
Here is the TOC report by Choo Zheng Xi
Mr M Ravi, the lawyer for death row inmate Yong Vui Kong on Wednesday filed a judicial review application to ask the Singapore courts to hold that his client’s right to a fair clemency hearing has been undermined.
Mr Ravi’s application argued that the clemency process has been so prejudged that the court should issue an order of prohibition to prevent the execution and the clemency process from moving ahead.
The application cited Law Minister K Shanmugam’s comments on Yong’s case on 9 May 2010 and the Ministry of Law’s subsequent press release on 9 July as having “irreversibly tainted the clemency process with apparent bias”.
Mr Shanmugam’s comments on 9 May were made at a community event when a member of the audience asked about Yong’s case in relation to the government’s policy on drug trafficking. Mr Shanmugam replied: “Yong Vui Kong is young. But if we say ‘We let you go’, what is the signal we are sending?”
The Ministry of Law’s statement on 9 July further re-stated the government’s position on Yong and the death penalty by highlighting that he “had also trafficked in other drugs such as Ketamine, Ecstasy, Ice and Erimin 5 when he was arrested”.
Mr Ravi’s rebuttal in a press statement noted that the additional trafficking charges were never brought and proven in open court, and that the Law Ministry’s highlighting of them further prejudiced the clemency process by highlighting the government’s antipathy towards Yong.
Mr Ravi’s application also argued that the Elected President’s powers under Article 22P of the Constitution has been usurped by Cabinet in advance of the clemency petition being received. He cited then Attorney-General Walter Woon’s comments in court that “The President does not have discretion in this matter (clemency).”
Yong was supposed to have been executed last year in December but Mr Ravi managed to obtain a stay of execution to challenge the constitutionality of the death penalty four days before the execution. Yong’s appeal was subsequently rejected on 14 May 2010. Judicial review is one of his last chances at halting the execution.