On
this date, 2 December 2005, a Vietnamese Australian convicted Drug Trafficker, Van Tuong Nguyen
was executed by hanging at Changi Prison in Singapore. He was arrested at
Changi Airport on 12 December 2002 when he was caught with 396.2g of heroine
strapped to his body. I will post information about him from Wikipedia before
giving my comments.
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Mugshot taken of Van Tuong Nguyen, taken
following his arrest.
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Born
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17
August 1980
Songkhla, Thailand |
Died
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2
December 2005 (aged 25)
Changi Prison, Singapore |
Criminal charge
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Drug
trafficking
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Criminal penalty
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Death
penalty
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Van Tuong Nguyen
(Vietnamese: Nguyễn Tường Vân, 17 August 1980 – 2 December 2005) baptised
Caleb, was an Australian from Melbourne, Victoria convicted of drug
trafficking in Singapore. A Vietnamese Australian, he was also addressed as Nguyen
Tuong Van in the Singaporean media, his name in Vietnamese custom.
Drug
trafficking carries a mandatory death sentence under Singapore's Misuse of
Drugs Act, and despite pleas for clemency from the Australian government, Amnesty
International, the Holy See, as well as other individuals and groups, he was executed
by hanging at 6:07 am SST on 2 December 2005 at Changi Prison (22:07 UTC,
1 December).
Biography
Van
Tuong Nguyen and his twin brother, Dang Khoa Nguyen, were born in a refugee
camp at Songkhla in Thailand to Vietnamese parents. He did not know his father
until 2001 when he travelled from the United States to Australia. His mother,
Kim, is Vietnamese and migrated to Australia shortly after the boys' birth. She
married a Vietnamese Australian in 1987, who beat them often, according to
Nguyen. His education was at St Ignatious School Richmond, St Joseph's Primary
School in Springvale and Mount Waverley Secondary College.
After
leaving school at 18, he intended to study at Deakin University, but financial
difficulties led him to work as a store clerk, door-to-door salesman, computer
salesman and research marketer. He started his own computer sales business in
1999. After his brother Khoa got into legal trouble, Van wound up the business.
He then found a sales, research and marketing job and earned between A$1500 to
A$2500 a month (depending on how much commission he received). He subsequently
took long leave between June and December 2002. In his confession, he stated he
was on "medication for acne that required 4 months leave".
Drug
trafficking
Throughout
his trial, Van claimed that he was carrying the drugs in a bid to pay off debts
amounting to approximately A$20,000 to A$25,000 that he owed and to repay legal
fees his twin brother Khoa (a former heroin addict) had incurred in defending
drug-trafficking and other criminal charges including an attack on a Pacific
Islander youth with a samurai sword. In addition to his own financial troubles,
Nguyen said he tried to help pay his twin brother's debt of A$12,000. His twin
brother's loan had to be repaid by the end of the 2002. Nguyen could afford to
repay only A$4000, the interest on the loan.
By
October 2002, Van had been out of a job for four months and sustaining expenses
which included interest on the loan and personal living costs, all totaling
A$580 a month. In November 2002, Nguyen contacted a Chinese man named
"Tan", who told him to travel to Sydney to meet a Vietnamese man
named "Sun". Sun proposed that he would repay Nguyen's loans if
Nguyen transported packages from Cambodia back to Melbourne and possibly
Sydney, via Singapore. The man said the packages contained "white",
which Nguyen understood to be heroin.
It
was Nguyen's first trip overseas from Australia since his immigration. He
reached Phnom Penh at midday on 3 December 2002 after leaving Sydney in the
evening of the previous day. He met with a Cambodian man at the Lucky Burger
restaurant on 4 December and was taken by car to a garage where he was told to
smoke some heroin. The following day, Nguyen met his associates at the Lucky
Burger and was again taken to the garage. Nguyen was instructed to stay in
Phnom Penh until 10 December, at which point he was to meet at the Lucky
Burger.
On
8 December, he decided to fly to Ho Chi Minh City, Vietnam, missed the
scheduled meeting on 10 December after arriving back late from Ho Chi Minh
City. On 11 December he was taken to the garage, where he was then instructed
on how to crush heroin bricks and to strap the powdered drug packages to his
body. The rest of the day was spent crushing and packaging the drugs in his
hotel room. He checked out of the hotel the next day and went to the airport.
Arrest
and conviction
On
boarding his flight to Melbourne after a four hour stopover at Singapore Changi
Airport, he triggered a metal detector. A package of heroin from Cambodia was
found strapped to his body. After the first package was discovered, Nguyen
informed the airport official about a second package in his luggage.
Nguyen
confessed to have in his possession 396.2 g of heroin, more than 26 times the
amount of heroin that mandates a death sentence under the Misuse of Drugs Act
(Illegal traffic, import or export of Heroin of more than 15 grams). The Singaporean
High Court sentenced Nguyen to death for this crime on 20 March 2004. After he
was convicted, Nguyen was held on death row in Changi Prison.
An
appeal to the Court of Appeal was rejected on 20 October 2004. Nguyen's family
received a registered letter from the Singapore Prisons Department, notifying
of his scheduled hanging on 2 December 2005. On the same day at the APEC Summit
in South Korea, Australian Prime Minister John Howard made a last appeal on
Nguyen's behalf to the Singaporean Prime Minister, Lee Hsien Loong. However,
the letter of notice by that time had already been delivered to Nguyen's
mother.
Howard
later said he was "very disappointed" that Lee did not inform him of
Nguyen's execution date during their meeting that morning. Singapore Foreign
Affairs Minister George Yeo also conveyed his apologies to his counterpart Alexander
Downer. Nguyen's lawyers arrived in Singapore on 18 November 2005 to inform
their client of his impending execution date.
On
2 December 2005 Nguyen was executed at 6:07 am SGT and was officially
reported as dead at 7:17 am SGT by the Ministry of Home Affairs. In a
short statement, the Ministry said, "The sentence was carried out this
morning at Changi Prison."
Pleas
for clemency
A
plea for clemency by the Australian Government was rejected in October 2005.
Members of the federal and state parliaments appealed for the decision to be
reconsidered and clemency to be granted. His hanging was the first execution of
an Australian in Southeast Asia since 1993, when Michael McAuliffe was hanged in
Malaysia for drug trafficking.
On
21 November 2005, the Australian Government was considering a request made by
Nguyen Tuong Van's lawyers to apply for a hearing at the International Court of
Justice which required the Singaporean government's agreement to its
jurisdiction. However, Foreign Minister Downer considered it unlikely that the
Singaporean government would agree. On 24 November 2005, Victorian Attorney
General Rob Hulls met with Singapore's Senior Minister of State for Law and
Home Affairs Ho Peng Kee to press the case for clemency but was unsuccessful.
On 28 November 2005 Australia's Human Rights Commissioner, Sev Ozdowski, said
Australia must keep pressuring Singapore to abandon the death penalty, even if
it proves too late for Nguyen.
After
his sentencing in March 2004, anti-death-penalty campaigners were reported to
be inundated with emails from Australians offering support for Van Tuong Nguyen.
Politicians and religious figures made pleas for clemency, but these were
rejected by the Singaporean government.
One
day before Nguyen was hanged, a lawyer launched a last-ditch legal tactic,
charging Nguyen with drug related offences in the Melbourne Magistrates' Court,
which he hoped would allow the Australian Federal Government to extradite
Nguyen. However, Justice Minister Chris Ellison ruled out extradition, saying
that the Commonwealth Director of Public Prosecutions would not have attempted
to prosecute Nguyen in Australia.
Criticism
The
Australian Government was criticised by the media, human rights lawyers and
human rights activists for doing too little, too late and for not taking a stronger
stance against the death penalty. Amnesty International was criticized by
Howard Glenn and Greg Barns for refusing to work with other human rights groups
with various campaigns to save Nguyen, but rather asking the public to donate
money to Amnesty International.
Media
coverage and public opinion
ABC
broadcast a documentary: Just Punishment on 7 December 2006. This
documentary was filmed over a period of two years, following Nguyen's mother
(Kim), his brother and his two close friends, through the appeals, and
campaigns held (in Australia) before the execution day. It was rebroadcast on
the night of 8 December 2008, also on the ABC.
An
opinion poll conducted by Roy Morgan Research two days after Nguyen's execution
showed 52% of Australians approved of it, compared with 44% against.
In
2013, SBS TV produced a television drama series about the events surrounding
Nguyen's arrest, trial, unsuccessful plea for clemency, and execution. Better
Man starred David Wenham, Claudia Karvan, Bryan Brown and Remy Hii; and
directed by Khoa Do.
Singaporean
response
As
a transportation hub, Singapore has always been a potential transit point for Golden
Triangle heroin. In a letter to David Hawker, the Speaker of the Australian
House of Representatives, Abdullah Tarmugi, the Speaker of the Parliament of
Singapore, wrote: "He was caught in possession of
almost 400 grams of pure heroin, enough for more than 26,000 doses of heroin
for drug addicts.... He knew what he was doing and the consequences of his
actions. As representatives of the people, we have an obligation to protect the
lives of those who could be ruined by the drugs he was carrying."
"We cannot allow Singapore to be used as a transit for illicit
drugs in the region," Tarmugi
wrote to Australian MPs. "We know this is a
painful and difficult decision for Mr Nguyen's family to accept, but we hope
you and your colleagues will understand our position."
In
an opinion piece in the Sydney Morning Herald, Singapore's High
Commissioner in Australia, Joseph Koh, argued that "Singapore cannot
afford to pull back from its tough drug trafficking position".
Vigils
A
group of human rights activists held a vigil for Nguyen in Singapore on 7
November 2005. Among those present was opposition politician Chee Soon Juan,
leader of the Singapore Democratic Party, who is an opponent of the mandatory
death penalty.
A
request was made by Liberal MP Bruce Baird for an official minute's silence to
honour Nguyen. Representatives of the Returned and Services League objected,
stating such tributes should be reserved for fallen soldiers or victims of natural
disasters; other groups felt it was inappropriate to "honour" a
convicted trafficker of drugs which killed hundreds each year. A motion to hold
a minute's silence passed in the Legislative Assembly of Queensland 49-18 after
an hour's debate. MPs who voted against the move walked out before the
observance.
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A group of people protesting outside
Singapore's High Commission in Canberra today.
Photo: Reuters (2 December 2005) [PHOTO SOURCE: http://www.smh.com.au/news/national/pm-attacks-clinical-singapore/2005/12/02/1133422084249.html] |
Execution
and funeral
A
minor controversy occurred when Singapore's contract hangman, Darshan Singh,
gave an interview to an Australian newspaper prior to the execution in which he
said he hoped to be called on to perform the execution and that his experience
would ensure Nguyen would be hanged "efficiently". The result was
disapprobation in both Australia and Singapore. Nguyen was hanged by another
executioner.
After
the execution, Nguyen's body was released to his family and it left Changi
Prison about four hours after he was hanged. Nguyen's body was taken to the
Marymount Chapel of the Good Shepherd's Convent in Singapore for a private
memorial service at 1 pm. The family requested for the media to stay away
from the chapel. His family returned to Melbourne with his body on 4 December
2005. A requiem mass was held at St. Patrick's Cathedral on 7 December 2005.
Victorian MPs Geoff Hilton, Bruce Mildenhall, Sang Minh Nguyen and Richard
Wynne attended the service and were criticised by the Crime Victims Support
Association, who said it appeared to give support to a convicted drug
trafficker.
Political
consequences
John
Howard's warning against illicit drugs
Australian
Prime Minister John Howard used the execution of Nguyen as a warning to young
people to stay away from drugs. He told Melbourne radio station 3AW:
I don't believe in capital punishment, he was a convicted drug trafficker and that is to be wholly condemned ... don't have anything to do with drugs. Don't use them, don't touch them, don't carry them, don't traffic in them and don't imagine for a moment—for a moment—that you can risk carrying drugs anywhere in Asia without suffering the most severe consequences.
Federal
Health Minister Tony Abbott also said that the Singapore government's decision
to go ahead with the execution was wrong and that the punishment
"certainly did not fit the crime.... But people do need to understand that
drug trafficking is a very serious offence and it has heavy penalties in
Australia and it has even more drastic penalties overseas as we have been
reminded today."
Australia–Singapore
relations
While
it was reported that some minor ties have been broken (including airport
workers refusing to process Singapore Airlines luggage), John Howard, the
Australian Prime Minister, said that the country would not be taking any
punitive action against Singapore.
On
23 February 2006, the Australian government rejected a bid by Singapore
Airlines for permission to fly a permanent route between Sydney and the United
States. This drew strong criticism from the government of Singapore. Peter
Costello, the Australian treasurer, denied that the refusal was linked to
Nguyen's hanging.
MY
THOUGHTS:
As
mention earlier, I do not give a 100% support in executing drug traffickers. I
am more in favour of executing the Drug Lords than the drug mules. For Nguyen’s
case, I am actually split on the issue of whether he deserve to die or not. I
do feel sorry for Nguyen and his family members, I am satisfied that he owned
up to his mistakes.
I
personally disagree with the abolitionists in Australia, who protested his
execution and fight so hard to safe him. If they claim to be against the death
penalty under any circumstances, why did they not stand outside the Indonesian
Embassy and protest the Bali Bombers’ execution on 9 November 2008?
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