On Monday, the Court of Appeal will hear from over 30 death row prisoners who are arguing for their right to be assigned a legal aid lawyer in applications after their first criminal appeal. The prisoners are appearing unrepresented.
This constitutional challenge stems from a policy of the Legal Aid Scheme for Capital Offences (LASCO) not to assign any lawyers for post-appeal applications. The prisoners say that this policy, introduced in 2017, amounts to a blanket ban. Before, there were instances where lawyers were assigned to post-appeal applications.
At the High Court stage of this proceeding, the Attorney-General did not challenge the existence of this policy.
The prisoners challenge the policy on two grounds. First, that it is an affront to their constitutional right to counsel and access to justice. Second, that such a blanket refusal is in violation of principles of administrative law, since LASCO, in failing to consider each request by a prisoner for a lawyer for a post-appeal application individually, has not appropriately exercised the discretion they have.
This would also be the first case in which individuals who are involved in court proceedings have been executed.
On 2 August 2024, one individual involved in this proceeding was executed. Another individual withdrew participation in the proceeding two days before his execution date.
The hearing will take place on 9 September, 2.30pm at Lvl 9 of the Supreme Court.
Although the prisoners will likely appear over zoom, do come in solidarity with them as they argue the matter themselves in front of the judges, and against the Attorney-General’s team of lawyers.
Sign the people’s petition for a moratorium now, and urge everyone you know to sign it: https://change.org/StopTheKillingSG
Transformative Justice Collective 