Pannir, who was convicted on June 27, 2017 by the Singapore High Court for trafficking 51.84g of diamorphine at the Woodlands checkpoint on Sept 3, 2014, was scheduled to be executed tomorrow.
His Malaysian lawyer, N Surendran, said the stay was granted by Judge Woo Bih Li earlier today due to an ongoing challenge to Section 18(2) of Singapore’s Misuse of Drugs Act and his complaint about the conduct of his previous lawyer in Singapore, Ong Ying Ping.
Under Section 18(2), anyone proven or presumed to have had a controlled drug in their possession is then presumed to have known the nature of that drug, unless it is proven otherwise.
“We have no words to describe how relieved everyone feels,” Surendran told FMT.
“However, we have to remember that Pannir is still on death row, and it is not just Pannir. Many other Malaysians are facing the gallows in Singapore now. So, we remain concerned.”
Pannir, who was given a package by a Malaysian to be handed over to a Singaporean man once he arrived in Singapore, has consistently denied knowing that the package contained drugs.
Pannir was also granted a stay of execution in 2019.
In a statement today, Pannir’s family said their distress at his impending execution comes amid his ongoing complaint to the Law Society of Singapore about Ong’s conduct – in which Pannir is the complainant and a key witness.
They said that Ong deceived Pannir, their family, and the court during legal proceedings related to a case where authorities were found to have unlawfully forwarded death row prisoners’ correspondence to Singapore’s Attorney-General’s Chambers.
They accused Ong of misleading them, claiming they were still making payments even as the lawyer sought to discharge himself from representing Pannir.
In October, the family and Pannir filed a complaint against Ong with the Law Society of Singapore, which was later referred to a review committee.
Woo noted that Ong had allegedly pressured and misled Pannir into signing a notice to act in person (represent himself in legal proceedings), refused to represent Pannir only three days before a hearing on Aug 1, 2024, and misled the court as to why he was seeking to discharge himself as counsel.
Woo also said Ong had allegedly continued to collect legal fees from Pannir’s family even after having Pannir sign the notice to act in person, and had allegedly also pressured Pannir to double the agreed legal fees from S$5,000 to S$10,000 by threatening otherwise to focus on other cases.
“It suffices to say that, in my view, there is a reasonable prospect of success in the contemplated post-appeal application in a capital case (PACC) application on this ground,” Woo said.
Woo also noted that Pannir said his execution should be stayed pending the determination of the ongoing challenge to Section 18(2) as a successful result will have a “fundamental impact” on his conviction.
“In light of the pending proceedings, I conclude that the contemplated PACC application on (this ground) has a reasonable prospect of success.”