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Singapore — Former Nominated Member of Parliament Calvin Cheng expressed his opposition to the death penalty on Monday (Nov 8), even as a mentally disabled Malaysian man, Nagaenthran K. Dharmalingam, is due for execution this week.

Calls have been made both locally and internationally to halt the killing of Nagaenthran.

“I am against the death penalty,” wrote the ex-NMP, who has a sizable following on social media.

The blunt statement is a departure for Mr Cheng, who usually strongly supports the government and its policies.

He then explained the three functions of punishment in the philosophy of law, the first of which is desert and retribution, or revenge, which he called “the most primitive function.”

“Developed civilisations should move beyond this primitive urge to seek revenge,” added Mr Cheng.

The second function of punishment, he wrote, is deterrent, to discourage similar crimes from being committed. But he argued that the deterrence function be balanced with the harshness of deference.

“Otherwise we would be chopping hands off for theft.
Death is the most extreme and harshest of punishments. It must be use sparingly, or not at all.”

The final function of punishment is rehabilitation. Mr Cheng argued for giving people the opportunity to repent and be better, which, under the death penalty, is impossible.

“Developed civilisations must focus on rehabilitation.

For these reasons, I oppose the death penalty,” he added. 

As much as there have been calls to halt Nagaenthran’s execution, even from Malaysia’s Prime Minister Ismail Sabri Yaakob, who wrote a letter of appeal to Prime Minister Lee Hsien Loong, most commenters on Mr Cheng’s page disagreed with his views, and expressed their support for the death penalty.

Nagaenthran was arrested for drug trafficking over a decade ago at the age of 21 and was sentenced to death for importing 42.72g of heroin into Singapore.

When evaluated after his arrest, he was found to have an IQ of 69 and has borderline intellectual functioning.  

Nagaenthran, now 33, said at his trial that he had been coerced into committing the offence by a man who not only assaulted him but also threatened to kill his girlfriend.

Activists both in Singapore and Malaysia have pleaded for a stay of his execution based on extraordinary circumstances, and a petition on the change.org platform is appealing for his pardon, with nearly 70,000 signatories.

In a Facebook post on Tuesday afternoon, lawyer Ravi M Ravi wrote, “Nagenthran’s execution is scheduled at 6am tomorrow (morning) and his mum to bid his final goodbye to this mentally retarded ‘child’.

Aside from Nagenthran’s mental Ge, he does not seem to understand what has transpired before in court. He only understands Tamil which is his only language of proficiency.”

He added only a lawyer proficient in Tamil would be able to explain what is happening to him.

“Naga has suffered a miscarriage of justice. AG instead was busy filing personal cost order application – to ask the Court of Appeal to punish me.

This is nothing to me but another intimidation. I will not comment further but will address the court at 2.30pm,” added Mr Ravi. /TISG

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