SVKC together with VK Counsel M Ravi held a Press Conference at Malaysian Houses of Parliament today （15/6/2011）and urged the Malaysia Government to take Yong Vui Kong’s case to the International Court of Justice （ICJ).
In the PC, Mr Ravi said VK “did not receive a fair trial given the fact that Chief Justice was in conflict of interest in proceeding to hear the case, despite a valid application to recuse him from hearing the case.” And VK suffered the “the greatest injustice as a result“
Following is the complete Memorandum
To: Yang Berhormat Dato’ Sri Anifah Hj Aman
Foreign Minister of Malaysia
Re: Malaysian sentenced to death in Singapore – Yong Vui Kong
Date: 15th June 2011
We wish to bring to your attention the case of Yong Vui Kong.
Yong Vui Kong, a Malaysian citizen sentenced to death in Singapore for drug trafficking. Yong has exhausted his appeal and his sentence was upheld. Subsequent to the appeal, Yong is to file a petition for clemency to the President.
However, before Yong file such petition, the Law Minster had uttered the words that “Yong Vui Kong, he is young, but if we let him go, what is the signal we are sending?”
Yong’s lawyer filed an application for judicial review on the grounds that this statement had pre-judged and prejudiced Yong’s clemency petition, taking into account that the then Attorney General, Mr Walter Woon has confirmed in court that though the prerogative power lies with the President, it is actually the cabinet that decides. The High Court dismissed this application. Yong appealed to the Court of Appeal. The Court of Appeal dismissed the appeal.
At the hearing of the Court of Appeal, Yong’s lawyer made an application on 4th April 2011 for the Chief Justice, Mr Chan Sek Keong, to recuse/disqualify himself from hearing the appeal, premised on the grounds that:-
- this application, inter alia, requests the court to decide on whether the President must act on the advise of the cabinet on the matters relating to the President’s prerogative power on clemency.
- the Chief Justice who was the Attorney-General from 1992 to 2006, was in the position to advise and ought to have advised the President and/or the cabinet relating to the President’s prerogative power on clemency during such period;
- thus there is a conflict of interest when the Chief Justice is to now decide on the matter which he had and/or ought to have advised the President and/or the cabinet about the clemency powers of the President
The Court of Appeal dismissed this application. It was recorded then that since the Court of Appeal is the apex court in Singapore, Yong does not have a redress to appeal on this dismissal.
Yong has suffered the greatest injustice as a result. Thus Yong did not receive a fair trial given the fact that Chief Justice was in conflict of interest in proceeding to hear the case, despite a valid application to recuse him from hearing the case.
In view of this, Yong suffers a breach of customary international law in so far as a fair trial had been denied to him.
The Malaysian Government should take immediate steps to protect their citizen in a foreign land, especially when a life is at stake. Therefore, we humbly request that this matter be brought before the International Court of Justice for adjudication without further delay.
Yong Vun Leong (brother to Yong Vui Kong)
Mr M Ravi (counsel for Yong Vui Kong)
Save Vui Kong Campaign, Malaysia
新闻在线 Jun 15, 2011
拉维（M.Ravi，左图）促马来西亚政府为了其国民入禀国际法庭（International Court of Justice），因为杨伟光在新加坡受审时受到不公平待遇，更没有获得公平审讯。
班底谷（Lembah Pantai）国会议员努鲁依莎（Nurul Izzah，右下图）、也希望首相纳吉能够采取行动，看看目前凑获超过10万个签名支持，不要只说“不能够插手”，至少政府能够入禀投诉到国际法庭。