An assurance that Michael McCrea, a 45 year old British...
An assurance that Michael McCrea, a 45 year old British national wanted in Singapore over a double murder, would not face the death penalty if he was extradited from Australia was not legally enforceable, the Australian Federal Court was told
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An assurance that Michael McCrea, a 45 year old British national wanted in Singapore over a double murder, would not face the death penalty if he was extradited from Australia was not legally enforceable, the Australian Federal Court was told. McCrea was fighting a decision by Australian Justice Minister Chris Ellison to approve his extradition from Melbourne to the Republic of Singapore to face two murder charges. Murder convictions attract the death penalty in the republic, but Singapore assured the Australian government it would not be imposed if McCrea was found guilty. But McCrea's lawyer, Gerry Nash, QC, told the Federal Court in Melbourne the assurance was simply a promise, which was not enforceable under Singaporean laws. "The assurance given by the Republic of Singapore does not constitute a binding undertaking that if the death sentence is imposed on Mr McCrea it will not be carried out," Mr Nash said. Under Singapore's constitution, pardons could not be granted before trial, conviction and unsuccessful appeal, Mr Nash said. He said if the Singaporean government changed or McCrea's trial revealed horrendous crimes prompting public outrage he could still receive the death penalty. McCrea, a former insurance salesman from Nottingham, England, was accused of killing his Singaporean chauffeur and the man's girlfriend after their decomposed bodies were found in a Singapore car park in January 2002.
— SOURCES
- (Sources: Australian Associated Press General News, 27/11/2003)
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