Singaporean applies to High Court for criminal revision regarding extradition to Malaysia

Left: M Ravi. Right: Mohan Rajangam. Source: Terry Xu/TOC

Mohan Rajangam, the 50-year-old Singaporean who recently spoke to TOC about his traumatic arrest by the Singapore Police Force (SPF) and his subsequent extradition to Malaysia in 2015, has filed an application to the Singapore High Court for a criminal revision.

Mr Mohan will be represented by human rights lawyer M Ravi in the former’s bid to obtain and examine the records — including the alleged charge sheet — pertaining to his extradition to Penang “to satisfy itself as to the correctness, legality or propriety” of the proceedings, according to a petition filed by M Ravi on Fri (10 Jan) and seen by TOC the same day.

Left in Malaysia for four months in 2015, allegedly without any follow up from either the SPF or the Ministry of Foreign Affairs, he was forced to resort to buying his own flight ticket back to Singapore after his release from the custody of the Malaysian police, and was made to pay a fine for purportedly overstaying in Malaysia.

Following the extradition, Mr Mohan had to recuperate from the health condition suffered due to the four-month long detention in Malaysia, and took time to settle down in life as a result of losing his day job.

In his recent interview with TOC, Mr Mohan said that prior to being brought to the State Court — where the extradition order against him was reportedly made — he was held by SPF without legal representation for 48 hours allegedly without having his statement recorded or taken down by an investigating officer (IO),

“I thought, [after] 48 hours [of detention], they were going to release me … They handcuffed my leg, they handcuffed my hand, brought me to court … Then one of the interpreters was reading saying that on 2nd of March 2015, I took a gun and shot one Indian guy — I can’t remember the name — at 9.20 p.m. in George Town,” said Mr Mohan.

Mr Mohan said that he had told both the interpreter and the presiding State Court judge that he was “having a function” at the nightclub where he was employed at the time on the day the murder took place, and that his passport records show that he “did not go to Malaysia” during that period of time.

When asked about the judge’s response to his testimony, Mr Mohan claimed that the judge had refused to listen to him, and told him to “talk to the Singapore police” regarding the matter, after which Mr Mohan was told that he would be released after 14 days if he was found innocent.

“I told the judge that I was in Singapore. There was a birthday function at my workplace. I had nothing to do with the murder case. I told him to screen my passport for all entries and exits this year. But the judge dismissed my reasons and gave consent for the Malaysian authorities to bring me out of the country for investigation,” he said, adding that he told the judge to write down his statement of defence.

Prior to engaging Mr M Ravi as his lawyer, Mr Mohan had approached two other lawyers to assist him in seeking answers for his extradition. However, the lawyers reportedly had to decline as they “were not keen on challenging the government”.

Mr Mohan approached Mr M Ravi with the confidence that he would be willing to represent him in the legal process of seeking answers regarding his extradition.

Mr Mohan also noted in his recent interview with TOC that his wife, Kasthuri, went to court and requested the charge sheet while he was held by the Malaysian police in Penang as “she wanted to hire a good lawyer”.

“However, she was told that there were no charges against me in the system for the year 2015. Therefore she could not write in,” added Mr Mohan.

He revealed that Ms Kasthuri had gone back to court and “paid a certain amount to request the charge sheet”, but the court had declined her request.

Mr Mohan also claimed that he had made a request to the State Court for his charge sheet himself following his return to Singapore. He was advised to make an appeal via email. However, his appeal was rejected.

“What is happening? Why am I not given the same charge sheet which was read out to me in court on 23 March 2015?” He questioned.

According to the Singapore Police Force’s guidelines, an accused person must be given a copy of the charge relating to the alleged crime, a notice of warning and the accused’s statement in answer to the charge.

Once an accused person is charged in Court, the accused or his lawyer can request for copies of certain reports from the Investigation Officer prior to the commencement of criminal proceedings in line with the law.

Such reports include the certified true copy of the Police report pertaining to the case. However, this request will be subjected to the guidelines applicable to the Police for the release of such documents.

No charge read in Penang due to insufficient evidence; all investigations could have been held in S’pore without extradition to M’sia: Mohan Rajangam

Mr Mohan previously told TOC that the investigating officer (IO) at Cantonment Police Station after his arrest had only “roughly briefed” him and asked him regarding his whereabouts and activities on the night the murder had taken place “without taking any statement in the laptop”.

“No person is judged as a criminal until proven guilty. The Police branded me and treated me like a criminal even before any form of evidence to prove that I was involved in a crime that took place in Penang,” said Mr Mohan.

“There was no evidence against me, but the police did not want to release me,” he said, noting that Malaysia’s Ministry of Home Affairs interviewed him and wrote a report at the end of the fourth month he was in Penang, stating that he was not involved in the murder case as his passport revealed that he did not go to Penang for eight months.

According to Mr Mohan, the Malaysian Police had sought his assistance because he was acquainted with one of the suspects over a decade ago. Furthermore, he bears a resemblance to the key suspect of the murder charge.

By the time he was presented in the Penang court, however, the suspect had confessed to the crime.

When asked if he was charged in the Penang court, he said: “They didn’t read any charge in Penang.”

“The police did not screen my passport for all entries and exits from Singapore to Malaysia. The CNB and SSB could not find any criminal records on me after screening.

“Therefore, Singapore should not have handed me to the Malaysian authorities if I have no criminal records,” according to Mr Mohan, adding that his passport did not reveal that he was in Malaysia at the time the murder took place.

“There was no concrete evidence against me that required me to leave Singapore’s custody and be sent to another country,” he added. “In any event, all investigations could have been held in Singapore without handing me over.”

“Due to the poor government system, I was wrongly judged, sent away from my family, and homeland to be interrogated by another Government … There was no help or any form of assistance from my Government,”  Mr Mohan lamented.

“They should investigate me first … If they can tell the date and time I did the murder, why didn’t they check the passport?” he charged.

According to s.401(1) of the CPC, the High Court has the authority to direct the lower court to make further inquiry into a complaint which has been dismissed under section 152 or into the case of an accused who has been discharged.

 

* Editorial by The Online Citizen.

 

 

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18 Responses to “Singaporean applies to High Court for criminal revision regarding extradition to Malaysia”

  • patriot of TUMASIK:

    A Pliant Court…a band of Sparrows instead of Eagles in the Law Society…and what do we have…???

    A Country rule by IDIOTS and a people with NO MIND of their own that Bleats instead of Speak…

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  • RDB:

    Who is the faux govt authority in his this case? It is so very obvious who it is, etc etc!

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  • Life Under Arsetocrats:

    Poor sinkies, while worked to death, yet bafflingly bestowed the name of litterbugs, stupid, lazy, xenophobic by self entitled natural arselicktocrats.

    This poor sinkie, scorned and milked, offered to foreign power with a simple request unverified and let to fend for himself, like a disowned slave..
    even had to pay for a new IC that was lost by the disinterested private force.

    Is this what being a sinkie is about?

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  • Kampong Boy:

    M Ravi, the most sought after lawyer when injustice done is to ordinary citizens.

    Any legal challenge against the Govt or Govt-linked companies needs extra-ordinary guts and extreme energy to fight against an army of Govt’s Legal Machinery and not forgetting high legal costs.

    After JBJ, no one has come close to question Govt department or Ministers, other than M Ravi.

    Wishing M Ravi for representing Bus Drivers who have filed cases against their employer, SBS.

    Thank you M Ravi.

    Also, best wishes to Dr Chee for next week’s hearing in High Court on the POFMA case against Minister Josephine Teo. Hope she is wrong and apologize to SDP and Singaporeans.

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  • Where is Justice!:

    So, it appears, Procedural breaches and failures written all over the case from the SPF to the justice system.

    Under the Constitution, you cannot find any specific on “Protection for its citizen provision” but there are a lot on “Protection of pension rights” for its officials!.

    So it seems, there are more interested in “protecting” themselves.

    Sinkies really need to wake up.

    All the more reasons to Vote for Change.

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  • George:

    Khaw BW and Tan CJ are part of a regime that does not care for Singaporeans and their rights, vote for opposition and VOTE THEM OUT !

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  • Bapak:

    This “first world” country’s police force adopts the third world standards.

    In the first world countries, you are innocent until proven guilty.
    In the third world (including communist) countries, you are guilty until proven innocent.

    Why they don’t release the charge sheet to you? Same like don’t need to release data and they claimed they had done a great job.

    To all Singaporeans, you think your MFA will take care of you? Change government first. Therefore, Mr. Mohan, I hope you know how to vote this time.

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  • PAP.GUARANTEE.WIN.GE2020:

    Mohan is a lying peep .

    SG PAP is a democratic country like Taiwan and this kind of thing will never happen here.

    SG PAP is so democratic that even Taiwan Democratic Progress Party copy SG PAP strategy.

    Strategy copy by Taiwan DPP (民主进步党)as follow:
    1. DPP use parliament majority to pass ISA similar law. If you criticized DPP, you will be ISA’ed
    2. DPP do not develop area under opposition controlled. (like our Potong Pasir)
    3. DPP use country resources to campaign for election to DPP advantage.
    4. DPP appoint their own kaki (friends, family members, relatives) into position of high paying jobs. Yes, all have no experience for that fat paying position except relationship.
    5. DPP award contract worth millions to their own loyal kaki.
    6. DPP groom new young blood regularly.
    7. DPP start giving out drumstick when election is near.
    8. DPP develop and groom their internet brigade.
    9. DPP do not publish details of their own who took bribe except when the press ask for it.

    Be a Proud Singaporean.
    Taiwan copy everything that SG PAP implement.
    The smart and intelligent Taiwanese supported all 1 – 9 that DPP Tasai win the 2020 Presidential Election with the biggest margin ever.

    Election 2020 PAP is also going to win the biggest margin ever.

    PAP.GUARANTEE.WIN.GE2020

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  • Bapak:

    When you have lawyers dare not to challenge the government, is time to change government. Ravi, got balls.

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  • TruBlu:

    Sgs cannot expect with FULL CONFIDENCE to receive protection from our gahmen.
    Even a basic right like a decent job is takemmn away from us via STUPID GOVT FT POLICY

    Sgs,unless of the ELITIST LINEAGE,can expect to receive NO HELP from the ELITIST N PRO-ALIEN GOVT here.

    We must indeed thank civic-minded sgs like Mr Ravi for standing up for ordinary sgs

    The PAPple will tell you SGS MUST STAND UNITED ONLY WHEN THEY KENA SCREWED BY ALIEN GOVTS themselves.

    Our govt is a waste of time n taxpayer money.
    They shud be fired!

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  • Yawns:

    @PAP guarantee win loyal propaganda soldier

    Ya gotta buck up your propanganda standards boy! The election is coming! I haven’t seen any improvement in your messages since you appear from boleh land!

    You tak boleh la!

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  • Went to Japan:

    If he rich, maybe treated differently.

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  • Funding:

    Crowd funding is the way.

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  • Bapak:

    Madam Butterfly has been low profile so very long suddenly appeared to distribute presents to residents.

    He does that for he own political career as GE is coming, do you thing he care after GE? Most of the time he is in hibernation.

    George:
    Khaw BW and Tan CJ are part of a regime that does not care for Singaporeans and their rights, vote for opposition and VOTE THEM OUT !

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  • Bobo:

    Very sad to hear his story and about our SPF and Ministry of Foreign Affairs for not doing anything to save him. If he is one of the 70%, he should feel it by now.

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  • Milk Them Dry:

    Sinkies should now know where they stand in the eyes of this “meritocratic” system. This incident is a clear proof point.

    Sinkies are mere digits, no human rights no basic humanity protection, to be abused, to be milked and then casted away at will.

    Your encounter of “honest mistake” does not even warrant a prompt sincere reply and investigation.

    Under expensive greedy pigs, sinkies dignity and trust of this system have been repeatedly challenged and abused.

    Nothing hurts more than this truth, that sinkies are Nothing in the eyes of greedy self entitled pigs.

    If it’s not time to kick them All out, then when would it be?!

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  • Sue sue sue them good:

    A major cock-up.
    Can be sure no higher ups will admit the mistake.
    One minion will be the scrapegoat to be the fall guy.

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  • MayJusticeBeServed:

    In some countries if a person is wrongly accused and spends time in jail, and later proves innocent , he can claim compensation from their gov… amounting to $thousands or $mils being paid out.
    Is it the same in SG justice laws??
    Pity this guy if he’s telling the truth.
    What an ordeal he went through.

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