Pofma order issued to anti-death penalty group over false claim about execution of 3 prisoners
Source: Straits Times
Article Date: 27 Nov 2024
Author: Andrew Wong
Posts falsely claim they were executed with no regard for their mental disabilities: MHA
An anti-death penalty activist group has been issued a correction order under Singapore’s fake news law over its social media posts relating to the recent execution of three prisoners here.
On Nov 26, the Ministry of Home Affairs (MHA) said the posts had falsely claimed that the three men, Rosman Abdullah, Roslan Bakar and Pausi Jefridin, had been executed without regard for their intellectual and psycho-social disabilities.
The Protection from Online Falsehoods and Manipulation Act (Pofma) office issued a correction direction for activist group Transformative Justice Collective’s (TJC) Facebook, Instagram and X posts made on Nov 20.
Ms Kokila Annamalai and Mr Rocky Howe were named as collaborators in TJC’s Instagram post.
Ms Kokila is facing a probe for defying a separate Pofma order issued on Oct 5 to carry a correction notice in her social media posts about the legal processes for death row inmates.
She is accused of falsely claiming that the Government schedules and stays executions arbitrarily and without regard for due legal process, and that the state does not bear the legal burden of proving a drug trafficking charge against the accused.
Along with two others, she had been charged earlier with organising a pro-Palestinian procession outside the Istana on Feb 2.
The Pofma order issued on Nov 26 will require TJC to insert a correction notice against the original posts – along with a link to the Government’s clarification.
A targeted correction direction has also been issued to TikTok, requiring the social media giant to send a correction notice to all Singaporean users who had seen TJC’s post on Nov 20.
TJC’s Facebook post had claimed that the three men had been assessed by psychiatrists to have intellectual and psycho-social disabilities.
The post quoted a report submitted in Rosman’s defence arguing that he had an underlying low IQ, and that long-term physical abuse and neglect had stunted his cognitive development.
In response, MHA said: “Rosman, Pausi and Roslan were afforded due legal process. Their capital sentences were upheld after the court had fully considered and rejected their claims and evidence in relation to their purported mental disabilities.
“Their executions were scheduled only upon the exhaustion of all rights of appeal, as well as the clemency process.”
Rosman was sentenced to death on July 16, 2010, for drug trafficking. He had appealed against his sentence in 2011 and applied to be re-sentenced to life imprisonment in 2015. Both applications were dismissed.
MHA said a psychiatric report from the Institute of Mental Health from 2013 had said Rosman was not suffering from any mental disorder at the time of his offences.
MHA added the Court of Appeal had found Rosman’s own investigation statements and evidence given at trial showed that he had exhibited clarity of mind while committing the offences.
Meanwhile, TJC’s post had claimed Pausi had an IQ of 67, which is indicative of intellectual disability.
Roslan and Pausi were convicted of drug trafficking on April 22, 2010, and were sentenced to death.
Their appeal against the conviction and sentence was dismissed in 2011.
Their 2016 application to be re-sentenced to life imprisonment was dismissed by the High Court in 2017.
A further appeal against the High Court’s decision was dismissed in 2018. The pair’s petition to the president for clemency was rejected in 2019.
MHA said during the appeal, the pair had claimed to suffer from an abnormality of mind, but the High Court found they had displayed competence over their actions.
Under Pofma, individuals found guilty of failing to comply with a correction direction without a reasonable excuse can be fined up to $20,000, jailed for up to a year, or both.
Individuals convicted of communicating a false statement of fact can be fined up to $50,000, jailed for up to five years, or both.
Source: Straits Times © SPH Media Limited. Permission required for reproduction.
7