Fate hangs in balance for two in S’pore

M’sians on death row fail in bid to refer case to ICJ

KUALA LUMPUR: The two Malaysians, who are on death row in Singapore for drug trafficking, failed to get leave to refer their case to the International Court of Justice.

S. Prabagaran, 30, and factory worker K. Datchinamurthy, 32, and their mothers filed the leave applications to compel the Government to refer Singapore to the ICJ as they claimed they were denied a fair trial.

Justice Hanipah Farikullah struck out the applications in chambers.

Met by reporters later, counsel N. Surendran said Justice Hanipah dismissed their applications on grounds that the matter was related to foreign policy and the court has no jurisdiction to interfere.

“We definitely will appeal. This is regarding the treatment of our citizens abroad. So our view is that the court could interfere and issue the necessary order,” he said yesterday.

Prabagaran, his mother V. Eswary, and Datchinamurthy and his mother A. Letchumi named the Malaysian Government and its Foreign Affairs minister as respondents.

Among others, they are seeking a declaration that the respondents are legally obliged to protect and give effect to the two men’s right to a fair trial and life and liberty.

Prabagaran was convicted in the Singapore High Court on July 22, 2014, for trafficking in 22.24g of diamorphine. He was sentenced to death on Sept 22, 2014, under the Misuse of Drugs Act (MDA).

His appeal to the Singapore Court of Appeal was dismissed on Oct 2, 2015. Prabagaran then applied to reopen his appeal, but this was dismissed on Dec 2 last year.

Datchinamurthy was arrested for trafficking 44.96g of diamorphine on Nov 18, 2011, with a Singaporean woman J. Christeen. They were jointly charged under the MDA and were found guilty on April 1, 2015.

But while the Singaporean was sentenced to life imprisonment, Datchinamurthy was sentenced to death. His appeal was dismissed on Oct 2, 2015.