SINGAPORE: Singapore Court of Appeal on Wednesday has granted Malaysian death row inmate Pannir Selvam Pranthaman a stay of execution just hours before he was scheduled to be executed on Thursday (Feb 20).
Judge of the Appellate Division Woo Bih Li, in his judgment, said the stay was granted pending the determination of Pannir Selvam’s Post-Appeal Applications in Capital Cases (PACC) application.
Woo granted Pannir Selvam permission to make a PACC application under Section 60(G) of the Supreme Court of Judicature Act 1969 (SCJA) without it being set down for hearing.
PACC are applications filed by a prisoner awaiting capital punishment (PACP) after all avenues have been exhausted. Pannir Selvam represented himself in the submission.
Woo said that he granted Pannir Selvam permission to make a PACC application on the grounds that he has a pending complaint with the Law Society of Singapore against his former counsel Ong Ying Ping, as well as a pending determination of another case on constitutional challenge related to Singapore’s drug laws.
The judge said in arriving at the decision, he has considered Pannir Selvam’s affidavit and written submission on February 17, as well as his further written submissions on February 18.
Woo also considered the Attorney-General (AG)’s written submissions and the Senior Director in the Policy Development Division of the Home Ministry, Sanjay Nanwani’s affidavit on February 18.
Pannir Selvam was convicted by the High Court on May 2, 2017 for the capital offence of importing 51.84g of diamorphine into Singapore under section 7 of the Misuse of Drugs Act 1973 (MDA).
He was not granted a Certificate of Substantial Assistance (CSA) by the Public Prosecutor and was sentenced to the mandatory death penalty.
Since then, he had exhausted all legal avenues available under Singapore law.
Singapore’s PACC Act, which came into effect on June 28, 2024, allows PACP to make post-appeal applications, which can only be heard by the Court of Appeal.
The PACP must first apply for permission from the court to make a PACC Application.
If permission is granted, the PACC Application must be made to the Court of Appeal within three days from the date of approval.
The Court of Appeal will then determine the PACC Application.
