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Van Tuong Nguyen

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File:NguyenTuongVan mugshot.jpg
Van Tuong Nguyen's mugshot

Van Tuong Nguyen (Vietnamese: Nguyễn Tường Vân, born August 17, 1980) is a Vietnamese-Australian convicted of drug trafficking in Singapore. His crime carries a mandatory death sentence under the Misuse of Drugs Act. Despite pleas of clemency from the Australian government and others he faces execution by hanging at 6 ] SGT (9 ] AEDT) on December 2 2005.

Arrest

On December 12 2002 Nguyen was on his first trip overseas from Australia since immigration from Thailand as a child. After a flight from Phnom Penh, Cambodia, he was in transit at Gate C22 of Singapore Changi Airport awaiting a connecting flight to Melbourne, Australia. When attempting to board his connecting flight his metal-rimmed sunglasses triggered a metal detector and two packets of heroin from Cambodia were found, one strapped to his body and another inside his hand luggage.

Trials

Police alleged that Nguyen was in possession of 396.2 grams of heroin, more than 25 times the amount of 15 grams that mandates a death sentence under the Misuse of Drugs Act. The Singaporean High Court sentenced Nguyen to death for this crime on March 20 2004.

Throughout his trial, Nguyen claimed that he was only carrying the drugs in a bid to pay off debts owed by his twin brother, Khoa (a former heroin addict), who had borrowed around AU$25,000 to help defend himself against drugs and violent offences charges three years previously.

Nguyen had no previous criminal record. In his police statement, he admitted that he knew he was transporting heroin but added that he had feared for the safety of his family and that prevented him from backing away from the assignment.

While in Cambodia to collect the drugs he met the suppliers and confessed to smoking heroin with them twice — although he says this was under duress from his heroin supplier.

Since his conviction, he has been held on death row in Changi Prison.

An appeal to the Court of Appeal was dismissed on October 202004.

Pleas for Clemency

A plea for clemency by the Australian Government was rejected in October 2005. The Australian government abolished the death penalty in 1985, with the last execution being in 1967. Australians, including members of Federal and state parliaments, are currently appealing for the decision to be reconsidered and clemency to be granted. If he is hanged, it will be the first execution of an Australian in Southeast Asia since 1993, when Michael McAuliffe was hanged in Malaysia for drug trafficking.

File:Nguyen Tuong Van.jpg
Nguyen Tuong Van

On November 17 2005, Nguyen's family received a registered letter from the Singapore Prisons Department. It contained notice of his scheduled hanging on December 2 2005.

On the same day at the APEC Summit in South Korea, Australia's Prime Minister John Howard made a last appeal on Nguyen's behalf to Singapore's Prime Minister Lee Hsien Loong. The letter of notice by that time, however, had already been delivered to Nguyen's mother. Howard later said he was "very disappointed" Lee did not tell him of Nguyen's execution date during their morning meeting.

Lee apologised to Howard in a phone call later that night, explaining that the letter sent to Mrs Nguyen had arrived a day earlier than anticipated. Singapore Foreign Affairs Minister George Yeo also conveyed his apologies to his counterpart Alexander Downer.

Nguyen's lawyers arrived in Singapore on November 18 2005 to inform their client of his impending execution date.

On November 21 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. This would require the Singaporean government's agreement to its jurisdiction. However, Australian Foreign Minister Alexander Downer considers it unlikely that the Singaporean government would agree to this.

In a letter to the Mr David Hawker, the Speaker of the Australian House of Representatives in Canberra, Mr Abdullah Tarmugi, the Speaker of the Parliament of Singapore wrote "He was caught in possession of almost 400g 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." Speaking on behalf of the Singapore Government, Tarmugi said: "We are unable to condone Mr Nguyen's 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." As a transportation hub, Singapore has always been vulnerable to be used as a transit point for Golden Triangle heroin.

On November 28 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.

On Thursday December 1, 2005, a day before Nguyen is to be hung, Melbourne lawyer Brian Walters, SC, launched a last ditch legal tactic. He charged Nguyen with drug related offences in the Melbourne Magistrates Court, which he hopes will allow the Australian Federal Government to extradite Nguyen. However, Justice Minister Chris Ellison ruled out extradition, saying that the Commonwealth Department of Public Prosecutions would not attempt to prosecute Nguyen in Australia.

A summons requires that Nguyen be in a Melbourne Magistrates Court on February 2, 2006. Mr Walters claims that he did not wish to harm Nguyen's case by starting this tactic earlier. He says: "There is enough time, whether people are going to move quickly is another matter, but there is enough time."

A survey by Morgan Poll released on November 30 2005 showed 47 percent of Australians believe Nguyen should be executed, 46 percent said the death penalty should not be carried out, and 7 percent were undecided.

Vigils

Under the rules of Changi Prison, death row prisoners are not allowed physical contact with their visitors. Nguyen's mother Kim has only been allowed to speak to her son through a pane of glass in the death row interview room. Following a personal appeal by John Howard, Nguyen's mother and brother were allowed to hold his hands before his hanging.

Campaigners will hold a vigil outside the prison before his execution scheduled for 6 am SGT on 2 December 2005.

The Catholic Parish of St Ignatius, in the Melbourne suburb Richmond; the church's primary school was in the past attended by Nguyen and twin brother. They will toll their bell 25 times at 9 am. AEDT 2 December 2005, the same time at which Nguyen is to be killed. The 25 rings will symbolise the 25 years of Nguyen's life.

See also

External links

References

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