This obviously does not belong to the family, but to perhaps an anti-death penalty activist. The Court dismissed that application, said it was a blatant and ill-disguised application to disrupt the carrying out of the sentence. In other words, a clear abuse of the process.
The person, with the email account by the name of Kirsten Han, if she was involved, was helping in the abuse of process.
Based on what the Court said, you can see what the persons who were assisting in the applications were trying to do.
As a result of many such applications today, we have PACPs whose sentences have not been carried out, despite their cases being decided more than a decade ago.
One such PACP is Iskandar bin Rahmat. He is not a drug trafficker, but his applications are somewhat illustrative of the point I am making. He killed a father and son – brutal murders. I think people remember them as the “Kovan double murder case” – a 67-year-old father and a 42-year-old son. In fact, one of the victims was even dragged almost one kilometre along Upper Serangoon Road. And he did it for money. He was sentenced to capital punishment on 4 December 2015 by the High Court. His appeal was dismissed by the Court of Appeal in February 2017, seven years ago. Since then, he has filed nine applications. [Please refer to "Clarification by Minister for Home Affairs", Official Report, 08 May 2024, Vol 95, Issue 136, Correction By Written Statement section.] Some of them are still ongoing and I make no comment whatsoever about those which are currently before the Courts. Those that have been dealt with, have all been dismissed. And quite clearly, unmeritorious and an abuse of process.
So, to deal better with this situation, to deal better with unmeritorious applications being filed at the very last minute before capital punishment is carried out, this House passed an Act, the Post-appeal Applications in Capital Cases Act, or PACC. That Act will come into force very soon, within a few weeks. The Act will seek to safeguard the administration of justice and the rule of law. It introduces new requirements to reduce potential delays to proceedings.
For example, if the PACP had already had his or her sentence upheld by the Court of Appeal, then he or she will be required to apply for permission to make a PACC application. There will be a streamlined procedure under which only the Court of Appeal may hear PACC applications and grant a stay of execution. As part of the application, the person will be required to state the grounds of the application and the reasons for not filing the application earlier.
But even before the law has come into force, a post-appeal application was filed by 36 PACPs in September last year to challenge the constitutionality of that law. The application was dismissed by the Court of Appeal recently. The Court of Appeal said the PACPs had no standing to bring such a challenge and the fact that such a challenge has been brought at all, spoke only to the PACPs' abuse of the process of the Courts.
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