Prabagaran a/l Srivijayan v Public Prosecutor and other matters [2017] 1 SLR 173


We had conduct of four applications by persons who had been sentenced to death as a result of:- (a) being convicted with drug offences which attract the death penalty; and (b) not being given a certificate of substantive assistance by the Public Prosecutor. In these applications, we argued that the applicants’ death sentences were unconstitutional. The primary ground of challenge was that Section 33B(2)(b), by vesting in the Public Prosecutor the power to decide whether or not to grant a certificate of substantive assistance to a person who has been convicted of an offence punishable with the death penalty, in substance vests the Public Prosecutor with a judicial power, and is therefore in breach of the constitutional principle of separation of powers.

These applications were eventually dismissed by the Court of Appeal.


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