PETALING JAYA: The execution of Nagaenthran K Dharmalingam was upheld by the Singapore Court of Appeal, on the grounds that there was lack of evidence showing the decline of his mental state.

       The judgment dated March 29 sighted by The Star also said that Nagaenthran’s lawyers have "abused the court process".

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       His lawyers have previously said that he had been diagnosed with intellectual disability with an IQ of 69, which is lower-than-average IQ.

       The court had rejected the appeal to dismiss the application for leave to commence judicial review proceedings in respect of the 34 year-old Malaysian’s impending execution (CA61).

       The criminal motion (CM30) for Nagaenthran to be assessed by an independent panel of psychiatrists and for a stay of execution of his sentence, in the meantime, was also rejected.

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       "The central argument for both matters concerned an assertion as to the appellant’s present mental faculties: that because of an alleged deterioration in the appellant’s mental faculties since the time of his offence, the sentence of death could not be allowed to be carried out," the judgement read.

       It noted that there was no admissible evidence showing any decline in Nagaenthran's mental condition after he had committed the offence, adding that his lawyer M. Ravi himself had acknowledged that he had no medical expertise and "he was in effect speculating" what Nagaenthran’s mental age was.

       "The evidence raised by the Attorney General (AG) also undermined the appellant’s case that he had suffered a deterioration in his mental faculties," it said.

       "Given the lack of evidence to indicate any deterioration of the appellant’s mental condition and for all the reasons we have set out, CA 61, as well as CM 30, must fail for lacking any foundation in fact, and we dismiss these accordingly," it added.

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       The court of appeal was presided by Chief Justice Sundaresh Menon, Andrew Phang, Judith Prakash, Belinda Ang and Chao Hick Tin.

       It further noted that both CA 61 and CM 30 were dismissed as the proceedings "constitute a blatant and egregious abuse of the court’s processes."

       "Counsel who file unmeritorious applications, when they know or ought reasonably to know that the application is without basis, are acting improperly," the court found.

       "In the present case, the court was moved by counsel on the purported basis of a deterioration in the appellant’s mental faculties, without any factual or legal basis.”

       "Further, to the extent there is evidence that could shed light on this (namely the medical and psychiatric reports), Mr Ravi and Ms (LF Violet) Netto have sought to prevent the court from looking at it," the judgement read.

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       The judgement said that it was improper for the lawyers to abuse the process of court and bring disrepute to the administration of criminal justice by filing one hopeless application after another and by drip-feeding the supposed evidence.

       Nagaenthran was initially slated to be executed on Nov 10, 2021, but an eleventh hour stay was granted by the Appellate Court. He also tested positive for Covid-19.

       The Court of Appeal in Singapore had previously dismissed Nagaenthran’s appeal against the death sentence in 2019 for importing 42.72g of heroin in 2009.

       He was caught in April 2009 while entering Singapore from Malaysia via the Woodlands Checkpoint with a bundle of heroin, strapped to his thigh.