Last scramble to save Van

 
  Australian
November 29, 2005

By Elizabeth Colman and Jeremy Roberts

THE Australian Government was last night seriously considering whether an appeal could be launched under Singaporean law in a last-ditch bid to spare the life of convicted drug trafficker Van Tuong Nguyen.

It is believed the Government is exploring advice, which it would pass on to Nguyen's legal team to mount a challenge, on provisions in the Singaporean constitution relating to clemency pleas.

The provisions are at the heart of a law that no more than one appeal can be made to the Government for clemency in death penalty cases.

Attorney-General Philip Ruddock was last night seeking urgent advice from Solicitor-General David Bennett.

A spokeswoman for Mr Ruddock said the Attorney-General "wants to speak to (Mr Bennett) at the earliest opportunity".

"The Attorney-General is not wanting to raise expectations until he's sought formal advice on the option," she said.

"We have sought and received advice on a range of issues as part of an ongoing dialogue with the Solicitor-General's office on the Nguyen case. We'll continue to take advice on any options that become apparent to the Government."

Nguyen's family has begun planning for the worst, organising for the 25-year-old's body to be brought back to Melbourne for burial next week if he fails to win a last-minute reprieve and is hanged as expected at dawn in Singapore (9am Australian Daylight Saving Time) on Friday.

If pleas for clemency or other legal applications fail, the family is expected to hold Nguyen's funeral at his old primary school parish church of St Ignatius, Richmond in Victoria.

Van has also declined the bizarre opportunity given to prisoners on death row in Singapore to be photographed in his best clothes two days before his execution.

Singaporean authorities have ruled out allowing any physical contact between him and his family before his death.

Nguyen's lawyers, Lex Lasry QC and Julian McMahon, said they had not given up hope of winning a stay of execution, challenging the Singaporean Government to give reasons for refusing to defend in the International Court of Justice the decision to hang Nguyen.

Mr McMahon called on Singapore to "have the courage to face scrutiny and debate" in the ICJ.

Mr Lasry also expressed concern that an inexperienced hangman could be put in charge of the execution, amid reports that Singapore's long-serving executioner Darshan Singh had been dumped after his identity was revealed by the Australian.

Mistakes in calculating the correct weight and length of rope in a hanging can cause decapitation or strangulation.

But the president of Singapore's Criminal Lawyers Association, Subhas Anandan, criticised Australian authorities' efforts to prevent Nguyen being executed.

Mr Anandan said Nguyen's life should have been plea-bargained as part of negotiations to extradite accused double murderer Michael McCrea to Singapore two years ago. But Foreign Minister Alexander Downer attempted to quash suggestions that the Government had not done enough.

He outlined to Parliament more than 30 representations made by ministers and officials on Nguyen's behalf, starting four days after his arrest in December 2002.

In Singapore, Nguyen's family and Melbourne friends Bronwyn Lew and Kelly Ng spent three hours with the condemned man in the first of a series of extended visits.

His mother had to be supported as she left the visitors' complex of Changi Prison yesterday.

She appeared distraught, with Nguyen's twin brother Khoa remaining stoic as they were driven away from the jail.

John Howard made it clear yesterday he had no plans to accede to calls for a minute's silence on Friday to mark the execution, as the RSL objected, arguing that the gesture should be reserved for those who died in battle or the victims of terrorist attacks.

Mr Howard also said he planned to attend the Prime Minister's cricket match between Australia and West Indies on Friday, despite it being the day of the execution.

Nguyen was arrested at Singapore's Changi airport in December 2002 carrying 396g of heroin.

The death penalty is mandatory for more than 15g.

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