Ah Hao: to hang or not?

On 10th October 2004, 23-year-old Malaysian Took Leng How was found guilty of the murder 8-year-old China girl Huang Na. He was given the death sentence on 26th August 2005.

Last month, his appeal was rejected by the Court of Appeal.

Justice Kan Ting Chiu felt there was a reasonable doubt on Took's conviction for murder. He said Took should instead be convicted for voluntarily causing hurt, which carries a maximum jail term of one year of a $1000 fine.

However, Chief Justice Yong Pung How and Judge of Appeal Chao Hick Tin agreed with trial judge Lai Kew Chai that the Took was not suffering from an abnormality of mind at the time of the offence.

With a majority vote of 2-1, Took’s appeal was dismissed and it seems that Took (better known as Ah Hao) will face his execution after all, unless the President grants him clemency. The outcome of the clemency is expected to be released in six to nine months.

Even that comes as a slim chance. Over the 41 years since Singapore turned independent, only 6 criminals had their death penalty amended to life imprisonment.

Ah Hao’s father, the older Mr Took, started a petition drive in Singapore on the day when the appeal was rejected. Before he left for Penang, about 30 people have signed it.

He left some petitions with helpful Singaporeans, most of whom were strangers, hoping to get as many signatures as possible to ask the President to spare his son’s life.

The Malaysian newspapers reported that Mr Took has since received thousands of signatures in Penang.

Till now, Mr Took still believes that his son is innocent and he claimed, "If he is guilty, why did he not run away and hide when he had the chance the last time? Why did he turn himself in? He told me he did not do it, and I believe him."

The sacrifices Mr Took has made and the faith he still has for a "dying" son, are heart-wrenching demonstrations of the love a father has for his son.

This has made many Singaporeans sympathize with Mr Took’s plight and in turn feel sorry for Ah Hao. Some also hope that he would not have to die, so that one day he would have the chance to reunite with his parents, wife and young son.

The opposition voices then rang out, "What about Huang Na who died such a tragic death at a young age? Her life ended so abruptly when she did nothing wrong. Justice will only be met if her murderer is hanged."

I am not a judge nor a lawyer, and I do not know any of the involved parties in this case. I can only view this matter from the eyes of a plain member of the public.

It does not seem fair to sympathize with a criminal, just because his family feels that he is innocent and does not want to see him head for execution. Neither does it seem right that another person has to die just because someone died in the crime.

Huang Na has died a tragic death, we do not want to see another party lose his life, that is if he is indeed innocent of murder, but only guilty of manslaughter.

It is indisputable that Ah Hao led to the death of Huang Na, but what is of interest in this case is that, whether Ah Hao killed Huang Na remains a debatable issue.

Justice Kan questioned whether the girl's death was caused by Took smothering her mouth and nose, or if she died as a result of a fit. The forensic scientists could not tell for sure, even the judges at the Court of Appeal stood divided on this issue.

The other day, a colleague asked me if I wanted to sign the "Ah Hao petition".

I gave it a thought, and made my decision.

What would your decision be?