The Singapore Court of Appeal stayed the execution of Nagaenthran Dharmalingam, a Malaysian national who was convicted of illegally importing 42.72 grams of diamorphine in 2009, on Tuesday. The stay came in the light of Nagaenthran testing positive for COVID-19 a day before his execution was due in a case that has attracted international attention.

In 2011, the High Court convicted Nagaenthran of violating section 7 of the Misuse of Drugs Act (MDA), which prohibits the importation of a controlled drug into Singapore. Section 33 provides for the mandatory death penalty in cases involving over 15 grams of diamorphine.

On Monday, the High Court dismissed a separate constitutional challenge against his execution on grounds that it would amount to inhuman punishment since his mental age may be below 18. While Nagaenthran, who had opted against vaccination, was produced in court Tuesday for an appeal against this decision, he was immediately taken away to isolation when his COVID-19 test returned positive. News sites reported that Justice Andrew Phang orally opined the court must use “logic, common sense and humanity” given Nagaenthran’s COVID-19 status. The court decided to adjourn the hearing until he recovered and stay the execution until all proceedings are concluded, dismissing the prosecution’s suggestion that Nagaenthran could testify via video conference.

Nagaenthran, diagnosed with a borderline range of intellectual functioning, cognitive deficits and an Intelligence Quotient (IQ) of 69, applied for re-sentencing following 2013 amendments to the MDA which provide for commutation if an accused drug courier suffers from “such abnormality of mind” as substantially impairs his mental responsibility. However, the High Court decided that while his condition may have made him more susceptible to engage in risky behaviour, his mental responsibility was not impaired since he “fully knew and intended to act as he did.” His appeal at the Court of Appeal and a clemency plea to President Halimah Yakob were both unsuccessful.

Meanwhile, the movement against his execution continues to grow. State media reported that Malaysia Prime Minister Ismail Sabri wrote to President Yakob Sunday seeking leniency. UN human rights experts, Human Rights Watch, Amnesty International and the European Union delegation to Singapore all recently called for the commutation of Nagaenthran’s sentence.

An online petition to ‘Save Nagaenthran’ has over 80,000 signatures as of Wednesday.