Court of Appeal grants stay of execution for Pannir Selvam Pranthaman

The Singapore Court of Appeal has granted Malaysian death row inmate Pannir Selvam Pranthaman permission to make a post-appeal application in a capital case, thereby staying his execution, which was scheduled for the following day on 20 February.

The decision, delivered by Judge of the Appellate Division Woo Bih Li on 19 February 2025, follows Pannir’s claims concerning his legal representation and an ongoing constitutional challenge related to Singapore’s drug laws.

News of the stay of execution broke near the end of a candlelight vigil held in remembrance of Pannir at Speakers' Corner in Hong Lim Park, which was attended by approximately 200 individuals.

As the announcement was made, cheers erupted from the crowd, marking an emotional moment for supporters and activists who had gathered to advocate against his execution.

The vigil, which took place on Wednesday night, was also intended as a collective memorial for the 12 individuals executed in Singapore over the past year under the country’s capital punishment laws.

The Transformative Justice Collective (TJC), which organised the vigil, described the stay as a form of justice that Pannir deserves but stressed that the work is far from over.

"Pannir needs to file a follow-up application, and he has a very short window to do so. TJC and those who support Pannir, his family, and the abolition of the death penalty will continue their work. Two others face execution next Wednesday," the group stated in a response to The Online Citizen (TOC).

TJC also noted that two other individuals, who had applied for a stay on similar grounds citing ongoing complaints, were executed despite their applications.

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Commenting on the decision, human rights lawyer M Ravi highlighted broader concerns about access to legal representation in capital cases.

“Given that the judge found merits in the case and granted the stay, and the fact that Pannir did not have legal representation and had to represent himself says much about the sad state of the legal profession in Singapore, where threats of cost orders etc have a chilling effect on lawyers."

This is extremely worrying, especially in death penalty cases when a life is at stake and the death penalty is irreversible. The fight is not over. It’s a huge battle ahead, and we will continue to assist Pannir and the family,” Ravi told TOC.

Pannir, now aged 37, was convicted in 2017 for importing 51.84g of diamorphine into Singapore, and had exhausted previous appeals and clemency petitions.

His latest application sought to delay his execution on three grounds. First, he alleged professional misconduct by his former lawyer, Ong Ying Ping, which he claimed affected his legal representation.

Second, he argued that his execution should be stayed pending the outcome of an ongoing constitutional challenge (CA 2/2023) regarding the presumptions under the Misuse of Drugs Act.

Third, he contended that the unlawful disclosure of his correspondence by the Singapore Prison Service (SPS) to the Attorney-General’s Chambers (AGC) had compromised justice.

The Court of Appeal dismissed his third argument, ruling that while the SPS’s disclosure was unlawful, it did not undermine the integrity of his conviction or sentence.

However, the court found merit in the first two arguments, granting Pannir permission to file a post-appeal capital case (PACC) application.

The court acknowledged that an ongoing Law Society complaint against Ong could require Pannir’s participation, potentially affecting his ability to prepare for execution.

His family had submitted a formal complaint on Tuesday (18 Feb) to the Singapore Law Society against Ong, alleging misconduct. They also claim that the Law Society has failed to act despite the ongoing complaint and Pannir’s imminent execution.

The court also noted that the pending constitutional challenge, if successful, could impact the legal basis of Pannir’s conviction, as he was found guilty based on the presumption under section 18(2) of the Misuse of Drugs Act.

Despite identifying delays in Pannir’s filing of the application, the court deemed the legal issues sufficiently substantial to justify allowing him to proceed with the PACC application.

Consequently, a stay of execution was ordered pending its determination.

The ruling marks another development in Pannir’s prolonged legal battle, which has seen multiple applications and judicial review attempts since his initial conviction.

The Court of Appeal's decision allows him to continue contesting his execution, pending further legal proceedings.