SINGAPORE — A Malaysian on death row for drug trafficking has filed for judicial review in the High Court, after he was refused a Certificate of Cooperation by the Public Prosecutor under the amended Misuse of Drugs Act.
Lawyer M Ravi, acting for Cheong Chun Yin, argued that his client had provided the Central Narcotics Bureau with all the information known to him concerning the offence.
However, the Public Prosecutor felt Cheong had not achieved the criterion of having aided the bureau “in disrupting drug trafficking activities within or outside Singapore”, Mr Ravi said in a statement sent to the media yesterday. In response, a spokesperson for the Attorney-General’s Chambers (AGC) said it would be strongly refuting the claims made.
“The AGC will consider action against any attempt to interfere with the conduct of a fair hearing. These matters should be determined in the Courts and not in the media.”
The Misuse of Drugs Act was amended together with the Penal Code in 2012 to remove the mandatory death penalty for certain types of homicide and drug trafficking offences, in a move to “temper justice with mercy”.
Apart from meeting the condition of having only played the role of a courier, a drug trafficker must either have cooperated with the Central Narcotics Bureau in a substantive way or have a mental disability that substantially impairs his appreciation of the gravity of the act.
Cheong was convicted in 2010 of trafficking 2.7kg of heroin into Singapore. He had arrived from Myanmar and delivered a black trolley bag containing the drugs.
His plea for a re-trial was rejected by the Court of Appeal in October 2012, after the apex court had examined the evidence and did not think there was any miscarriage of justice to warrant a re-trial.
**Cheong Chun Yin was convicted of trafficking 2.7kg of heroin in to Singapore in February 2010