19412 LEGISLATIVE COUNCIL Thursday 10 November 2005 ______ The President (The Hon. Dr Meredith Burgmann) took the chair at 11.00 a.m. The Clerk of the Parliaments offered the Prayers. JOINT STANDING COMMITTEE ON ELECTORAL MATTERS Report: Study Tour of International Jurisdictions—Malta, Dublin and New York The Hon. Amanda Fazio, on behalf of the Chair, tabled report No. 2/53, entitled "Study Tour of International Jurisdictions Malta, Dublin and New York", dated November 2005. Ordered to be printed. The Hon. AMANDA FAZIO [11.04 a.m.]: I move: That the House take note of the report. Debate adjourned on motion by the Hon. Amanda Fazio. COMMITTEE ON THE HEALTH CARE COMPLAINTS COMMISSION Report: Traditional Chinese Medicine The Hon. Christine Robertson, on behalf of the Chair, tabled report No. 10/53, entitled "Report into Traditional Chinese Medicine", dated November 2005. Ordered to be printed. The Hon. CHRISTINE ROBERTSON [11.05 a.m.]: I move: That the House take note of the report. Debate adjourned on motion by the Hon. Christine Robertson. PETITIONS Desalination and Sustainable Water Supply Petition opposing construction of a desalination plant in Sydney, and requesting a sustainable water supply through harvesting and recycling of water, and water efficiency, received from Ms Sylvia Hale. STANDING COMMITTEE ON STATE DEVELOPMENT Extension of Reporting Date The Hon. TONY CATANZARITI: I inform the House that on 2 November 2005 the Standing Committee on State Development resolved to extend the reporting date to 1 May 2006 for the reference relating to skills shortages in rural and regional New South Wales. BUSINESS OF THE HOUSE Suspension of Standing and Sessional Orders Motion by the Hon. Amanda Fazio agreed to: That standing and sessional orders be suspended to allow a motion to be moved forthwith that Private Members' Business item No. 188 outside the Order of Precedence, relating to clemency for the death sentence for Mr Van Tuong Nguyen be called on forthwith. 10 November 2005 LEGISLATIVE COUNCIL 19413 Order of Business Motion by the Hon. Amanda Fazio agreed to: That Private Members' Business item No. 188 outside the Order of Precedence be called on forthwith. MR VAN TUONG NGUYEN CLEMENCY PLEA The Hon. AMANDA FAZIO [11.19 a.m.]: I move: That this House: (a) notes Australia's ongoing and unconditional opposition to the use of the death penalty, (b) expresses deep concern regarding the decision of the President of Singapore, on the recommendation of the Singapore Cabinet, to reject clemency for the death sentence which has been imposed on Australian citizen Mr Van Tuong Nguyen, (c) notes Mr Van Tuong Nguyen's full confession, his demonstrable remorse for his actions and his full co-operation with Singapore's authorities and the Australian Federal Police, (d) respectfully notes the capacity under the Singapore Constitution to grant clemency in rare circumstances and that Mr Van Tuong Nguyen's case fits the criteria, (e) notes that the United Nations Commission on Human Rights has urged states which still maintain the death penalty not to impose it as a mandatory sentence, or for crimes without lethal or extremely grave consequences, and (f) respectfully urges the Singapore Cabinet to reconsider its decision and show compassion and commute Mr Van Tuong Nguyen's death sentence to a custodial sentence. I move this motion, which is the standard motion put forward by Amnesty International for the consideration of Parliaments around the country, as the convener of the New South Wales Parliamentary Amnesty International Group. Yesterday afternoon an identically worded motion moved by John Mills, the honourable member for Wallsend, and seconded by Brad Hazzard, the honourable member for Wakehurst, was carried in the Legislative Assembly. On 26 October the Tasmanian Parliament passed a motion calling for clemency, which was supported by all parties. On 27 October the Queensland Parliament passed a unanimous motion moved by Premier Peter Beattie, seconded by the convener of the Amnesty International Parliamentary Group. The leaders of both the National and Liberal parties spoke in support of the motion. The Australian Capital Territory Chief Minister, John Stanhope, has written to the Singapore President, the Prime Minister, the Attorney General and the High Commissioner seeking clemency. The Australian Capital Territory Opposition is circulating a petition among members of the Assembly, urging Singapore to grant clemency. On 31 October the Federal Parliament passed a similar motion, supported by members of all parties. On 7 November Mrs Judy Moylan moved a further motion in the Federal Parliament calling for clemency for Mr Nguyen Tuong Van. On 8 November Senator Ellison moved an identical motion in the Federal Senate, which was carried. I will not take up the time of the House on private members' day by going into a great deal of detail, but we should consider this issue very seriously. The imposition of the death penalty is imminent in this case. The Constitution of the Republic of Singapore allows the President to grant clemency on sentences when personal circumstances allow, particularly when the convicted person has assisted authorities. Mr Nguyen has provided assistance to authorities. Although many countries retain the death penalty, mandatory death sentences are very rare. Mandatory death sentences, when the judge has no discretion to lessen the sentence, can lead to very disproportionate justice. Mr Nguyen's case is an example of where the punishment seems to greatly exceed the crime. When mandatory death sentencing is in place, it is even more important to exercise discretion in requests for clemency. It is agreed by all parties that Mr Nguyen had no intention to import drugs into Singapore: He was in transit in Singapore. Malaysia provides for a separate crime with a penalty of 10 years imprisonment for people who transit through the country with drugs, but who have intention to import them. In the absence of a separate crime in Singapore, the fact that there was no intention in this case to import drugs should weigh in favour of clemency. I urge all honourable members to take note of the call by the Catholic Church in Melbourne for Pope Benedict to support the request for clemency for Nguyen Tuong Van. I urge honourable members to show compassion and support this call for the Singapore Cabinet to reconsider its decision, and to commute Mr Nguyen's death sentence to a custodial sentence. 19414 LEGISLATIVE COUNCIL 10 November 2005 The Hon. DON HARWIN [11.22 a.m.]: As a member of Amnesty International and a secretary of the parliamentary group, I second the motion moved by the Hon. Amanda Fazio. At some time in the next few weeks Mr Van Tuong Nguyen of Melbourne will become the first Australian citizen executed over drug charges since 1993. The last legal avenues for appeal open to Mr Nguyen were exhausted recently when the President of Singapore, on the recommendation of the Singaporean Cabinet, refused to grant clemency. In December 2002 Mr Nguyen was caught at Changi Airport in possession of nearly 400 grams of heroin. However, as the Minister for Foreign Affairs, Mr Downer, explained recently in the House of Representatives in Canberra, the Australian Government has "argued strongly that there are compelling compassionate circumstances in this case to justify clemency". Mr Downer outlined Mr Nguyen's circumstances to the House of Representatives at some length, and I will mention briefly some of the things to which he referred. As Mr Downer said, the personal history of Mr Nguyen and his family is unfortunate and difficult. Born in a Thai refugee camp and abandoned by his father, Mr Nguyen strove to overcome an unpromising beginning. He completed secondary school and involved himself in the scouting movement and local community fundraising activity. He became embroiled in his current circumstances not out of a desire for personal financial gain, but out of desperation and a sense of family loyalty. Mr Nguyen was attempting to pay off his twin brother's $25,000 debt to a Sydney drug syndicate. Indeed, prior to his arrest Mr Nguyen had been working for three years to pay off his brother's debt. Mr Nguyen has no prior criminal convictions, and since his arrest he has shown considerable remorse. After his arrest Mr Nguyen made a complete and voluntary confession. Since then he has co-operated fully with Singaporean authorities and the Australian Federal Police in their attempts to apprehend the individuals behind his activities. Those individuals are the people who should be the primary focus of the law in this case. Rather than imposing extreme punishment against Mr Nguyen, significant penalties should be reserved for those who organise and ultimately profit from the drug trade. Severe sentences should be imposed on the people who take unscrupulous advantage of the misfortunes of people such as Mr Nguyen. As Mr Downer has stated, the Australian Government has "made the point to the Singaporean Government that Mr Nguyen's execution would close off forever a potentially important source of testimony should any further investigation lead to prosecutions". While respecting that the decision of the Singaporean courts and Government have been made according to the due processes of Singapore law, the Federal Government has done everything it can to plead the special circumstances of Mr Nguyen's case. Their efforts on his behalf over some considerable time merit acknowledgment. The Constitution of Singapore provides for clemency to be granted in certain circumstances. The United Nations Commission on Human Rights urges that the death penalty not be imposed for crimes without lethal or extremely grave consequences. Given Mr Nguyen's situation, his previous record, and his conduct since his arrest, the decision to refuse him clemency is regrettable.