Mother of Malaysian on death row in Singapore, claims her son did not have a fair trial

The family of a Malaysian man convicted of trafficking and sentenced to hang in Singapore has appealed for a judicial review at the KL High Court, claiming that the Malaysian citizen was deprived of a fair trial.

Datchinamurthy Kataiah (32) was sentenced to death in April 2015. He was convicted in Singapore on trafficking 44g of heroine across the Causeway from Johor to Singapore in January 2011.

By the judicial review, Kataiah and his mother Letchumi Arumugam are asking the Malaysian Government to refer the case to the International Court.

The Star reported that both are also seeking the Malaysian Government and Foreign Ministry to declare that they are legally obliged to protect and give Kataiah a right to a fair trial and/or right to life and liberty.

“We are alleging that he was denied a fair trial in Singapore,” Kataiah’s lawyer N. Surendran told reporters at the lobby of the KL Court Complex on Friday (3 Feb).

“All appeals have been exhausted and it is urgent that the application is heard and that the Government takes the necessary steps,” he said.

Mr Surendran said that there was a co-accused, a Singaporean woman, involved in Kataiah’s case.

Mr Surendran said that the Singapore Attorney General (AG) gave the Singaporean woman a certificate of cooperation, that gave her a life sentence. However, the certificate was not given to Kataiah.

“That itself raises issues relating to (a fair trial). The whole system is unfair; it’s not up to AG to decide who lives or dies.” said Surendran.

“The (Malaysian) Government should be doing everything necessary to protect Malaysians overseas facing serious trouble. A human life is at stake here,” Mr Surendran added.

Kataiah’s mother Arumugam said that she could not accept her son’s death penalty.

Mr Surendran translating what Mrs Arumugam have said in Tamil,“The trial was not fair … the process was never done properly. It is something that he can’t accept and I can’t accept.”

“I hope my country Malaysia would do something to help me. I am not just asking for myself, there are also other Malaysians on death row,” she pleaded.

Mrs Arumugam urged the Malaysian Government to fight for her citizens, as lives hang in the balance.

“My son was unfairly punished. I beg and plead to everyone, please fight for my son; please stop this. Save my son, save my son from the noose. He is not a terrorist,” she cried.

Mr M Ravi, the representative of Singapore anti-death penalty campaign said the issue is about the fairness in the process, not the death penalty per se. “The (Singapore) law gives the AG the power to decide who lives and who dies,” Mr Ravi said.

He confirmed the AG can give a certificate of cooperation so that an accused can be re-sentenced. “If you don’t get the certificate, you don’t get to be heard in court. That is a violation of international law and it affects a fair trial,” he said.

Leong Sze Hian, president of Maruah, Singapore Non-Government Organisation for Human Rights, said that according to the latest statistics, there are 24 people on death row in Singapore, of which nine are Malaysians.

“I believe two have already been executed,” Mr Leong said.

 

by Martha Soezean of The Online Citizen.

 

 

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8 Responses to “Mother of Malaysian on death row in Singapore, claims her son did not have a fair trial”

  • Blackbalam:

    The Malaysian Government is more interested to reclaim Pedro Blanca at the moment. Sorry to have to say this to human rights lawyers Mr Surendran (Malaysia) and Mr Ravi from Singapore, you know and I know it’s not that the Malaysian Government will not help it’s own citizens but the man on death row, Datchinamurthy Kataiah (32) belongs to another tribe as far as the Malaysian government is concerned. The Malaysian Government can’t be bothered.

    The Singapore woman was given the Certificate of Cooperation because she must have been the star prosecution for the CNB that led to the successful prosecution of Kataiah.

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  • LIONS:

    and,where is the drug kin-pin?

    maybe he is a PBM OR SOMETHING???

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  • Don't be silly:

    Blackbalam:
    The Malaysian Government is more interested to reclaim Pedro Blanca at the moment. Sorry to have to say this to human rights lawyers Mr Surendran (Malaysia) and Mr Ravi from Singapore, you know and I know it’s not that the Malaysian Government will not help it’s own citizens but the man on death row, Datchinamurthy Kataiah (32) belongs to another tribe as far as the Malaysian government is concerned. The Malaysian Government can’t be bothered.

    The Singapore woman was given the Certificate of Cooperation because she must have been the star prosecution for the CNB that led to the successful prosecution of Kataiah.

    When four Malaysian sailors from Sarawak were kidnapped by terrorists in Sabah last year,the Malaysian government rescued them.They were all Chinese and like most Malaysian Chinese, were Opposition supporters.The difference between that case and the present one is that in the former,they didn’t break any law but in the present case, he clearly broke the law. You can’t expect the Malaysian government to side him.

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  • One more thing:

    At least the Malaysian government recognises the significance of Thaipusam for Hindus, enough for it to be a public holiday. They also give many concessions, with regards to public transportation making it easy for devotees, and tourists eventhough it’s not the main festival for the Indian community.Try asking the men in white to do the same. They don’t even care about the elderly Chinese cardboard collectors so what more to say, Indians.

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  • Blackbalam:

    @ One More thing.

    The minority Malaysian Chinese and Indian community dare speak up to fight for their rights. They are cohesive when they are racially discriminated and suffered injustice at the hand of the government. They stand firm together for common causes and is not so easy to pull apart. They dare to take to the street en mass. That’s the difference between them and us.

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  • nathan:

    @ Don’t be silly

    When four Malaysian sailors from Sarawak were kidnapped by terrorists in Sabah last year,the Malaysian government rescued them.They were all Chinese and like most Malaysian Chinese, were Opposition supporters.The difference between that case and the present one is that in the former,they didn’t break any law but in the present case, he clearly broke the law. You can’t expect the Malaysian government to side him.

    Let me remind you, people, if you haven’t noticed yet nowadays most drug traffickers caught in Singapore via the Causeway are mainly Malaysian Chinese and Indians. Agree? but the question is how come the Malays from Malaysia are no longer in this lucrative drug business any more?

    In Malaysia, any Chinese or Indian caught taking drugs can easily bribe their way out of trouble. The Malays are dealt more seriously by Malaysian Authorities. They are either send to jail or rehabilitation centers for a long period of time.

    I leave readers to connect the dots themselves why there are no Malay traffickers coming from Malaysia.hahaha

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  • Overseas Lion:

    no fair trial for indian man selling drugs??

    indians had been planting and pushing drugs to Chinese and Malays to harm them for at least the last 2 centuries, today still the same, most likely with the support of indian elites, Singapore NSA need to take those indian roaches hiding out as professors, doctors, politicians, bankers etc.

    The only fair trial for indian men thuggee & faggots is a quick hanged, if we still want to see social order back to normal. Action must be taken quick to save the taxpayers’ money and the hardworking police efforts.

    LIONS:
    and,where is the drug kin-pin?

    maybe he is a PBM OR SOMETHING???

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  • Kan D Indina:

    When Indian rape, no Indian complain.
    When one Indian was knocked down at Little India, we have Indian Riot.
    Riot that SPF dare not round them up. Indians even dare to torch Police Car and Ambulance.
    When CNA reported, every 4 minutes, there are one traffic related death in India. Indian do not riot.
    Apparently, Indians have get so much power now that they are trying to be funny and trying to get all sort of ATTENTION. F D Indina.

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