On 28 Aug, Singapore’s Court of Appeal dismissed a case filed by four men on death row who had tried to challenge the constitutionality of the Misuse of Drugs Act (MDA).
The Ministry of Home Affairs (MHA) later issued a press release on Tuesday (9 Sept), explaining the court’s decision.
The four men — Jumaat bin Mohamed Sayed, Lingkesvaran Rajendaren, Datchinamurthy a/l Kataiah, and Saminathan Selvaraju — had each been convicted of drug trafficking under Section 5 of the MDA. They were given the mandatory death penalty.
MHA noted that this was not the first time death row inmates had tried to mount such constitutional challenges, often at the last minute.
These moves, the ministry added, often appear to be attempts to delay their sentences.
The Court of Appeal found the men’s application had no merit and reaffirmed that the MDA is constitutional.
The judges explained that Singapore has always maintained a tough stance on drug trafficking, and the MDA’s “presumptions” are an important tool in prosecuting such cases.
These presumptions allow the prosecution to assume certain facts — such as whether an accused knew about the drugs — once other evidence has been proven.
This is crucial because proving someone’s state of mind is often very difficult.
The Court also said the MDA’s presumptions are “constitutionally permissible” and in line with natural justice.
They do not breach Articles 9 and 12 of Singapore’s Constitution, which protect the right to life, liberty, and equal treatment under the law.
Importantly, these presumptions are not final — an accused person can still disprove them by presenting evidence to the contrary.
The Court observed that this is not the first constitutional challenge to the MDA, but none have succeeded so far.
The Government had also outlined its stance on the MDA presumptions earlier this year in a Ministerial Statement on 8 Apr.
Also read: S’porean man faces death penalty in M’sia for allegedly trafficking over 10kg of drugs
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