Too many presumptions in the law

Loh also pointed out the anti-drug law itself was problematic, as there were too many presumptions imposed on the offender.

"There is a whole list of 20 drugs [under the law], all with prescribed limit, once you have reached the limit, you are presumed to be trafficking. If you are presumed to be trafficking and if you are guilty, it is mandatory that you die. There is no other sentence. It’s ridiculous,” he said.

“If you look at the Misuse of Drug Act, you look at the clauses with presumption there. Everything is presumed. It is like…catch you at Changi Airport with 50gm of heroine…I can presume that you know this is heroine…I can presume that you are drug trafficking…presume everything. In Singapore, the law has been done the other way round. You are guilty until proven innocent. Who proves you are innocent? You!”

Loh said drug trafficking case should be handled with care, as most offenders were young and uneducated from poor countries who were ignorant of the laws in Singapore.

“In the case of Vui Kong, he comes from a small village in Sabah. Singapore is a foreign country for him. He has no money to engage a lawyer, yet the whole burden of proof is on him. It is almost impossible. That is why in most drug cases, the prosecution always wins - as it depends on the offenders to prove they are innocent.”

Another peculiar feature of the case concerning Yong, Loh said, was that when the young man was arrested, he was caught at Orchard Road together with a friend who was driving. “His friend only got a two-year jail term, while he got death penalty,” Loh said.

Sources close to the case revealed that Yong’s friend allegedly turned to the prosecution by providing information that could be used that would lead to conviction of Yong in return for a lighter sentence.

“If it’s mandatory for offenders to die for the same crime then both should be killed. That makes me feel very upset,” he added.

In an interview, Rev. Dr Edward Job executive director of Christian Care Services (Singapore) also called on the government to amend the present anti-drug laws and judges should be given discretion powers during an interview with the news blog.

Rev. Dr Job, who also has experience handling cases involving drug traffickers on death row, believed severity of each case should be examined when handing down penalty and the court should also take background of offenders into consideration when making a decision.

Full interview
http://theonlinecitizen.com/2010/03/the-mandatory-death-penalty-campaign/