2007: Iwuchukwu Amara Tochi, “the burden thus shifted to him”

(Thanks to Tim Goodwin at Asia Death Penalty for the guest post -ed.)

On this day one year ago, a promising young Nigerian soccer player was taken from his cell in Singapore’s Changi Prison. It was dawn on a Friday morning, execution time in a country that has come to be known for its uncompromising use of the death penalty.

Tochi, and his football kit. (Source)

Iwuchukwu Amara Tochi, 21, and his co-accused Okele Nelson Malachy, 35, were hanged one after the other in the prison’s death chamber. Tochi’s lawyers had been informed he would die that morning, but it had not been announced that Malachy would also hang.

Later that day the Central Narcotics Bureau (CNB), Singapore’s “primary drug enforcement agency”, issued a 138 word statement. With the terse formality that is common to statements by Singapore’s criminal justice authorities, it noted:

The appeals of both Tochi and Malachy to the Court of Appeal and to the President for clemency have been turned down. Their sentences were carried out this morning at Changi Prison.

Tochi was arrested at Changi Airport on 28 November 2004, in possession of 100 capsules of diamorphine, or 727.02g of high grade heroin, which the CNB claimed was worth “about $1.5 million”. He said in a later interview [.doc] that he had arrived in the country expecting to be met by an African man named Mr Marshall. He did not have enough money to clear immigration, and an airport hotel called the police when he attempted to take a room. Malachy was identified as his contact after flying in from Indonesia, although he strenuously denied any connection with the drugs.

Tochi claimed he was carrying the package for a man named Mr Smith, who had befriended him at Sunday services at St Andrew’s Church in Islamabad, Pakistan. He had become stranded in Pakistan while attempting to travel to Dubai, where he hoped to play soccer professionally. As a boy, he represented Nigeria in soccer tournaments, travelling to Senegal when he was 14 to play in a West African youth Championship.

According to Tochi, Mr Smith asked him to take a package of herbs to a sick friend in Singapore, saying he could then apply to play for Singapore soccer clubs. He agreed, and was given a ticket and $200 in cash.

Many sites on the web have quoted the trial judge’s acknowledgement that there was no proof that Tochi knew he was carrying heroin:

There was no direct evidence that he knew the capsules contained diamorphine. There was nothing to suggest that Smith had told him they contained diamorphine, or that he had found that out on his own.

The trial judge was clearly doubtful of Tochi’s knowledge. Nevertheless, he found the defendant had “wilfully turned a blind eye on the contents of the capsules because he was tempted” by what police claimed was an offer of US$2000 in payment.

But the prosecution didn’t have to prove Tochi knew; it was up to him to prove that he didn’t know what was in the capsules. If he couldn’t prove his ignorance of that fact — a challenging philosophical notion in itself — then the law would presume he knew, and therefore convict him of drug trafficking. Under section 18(2) of Singapore’s Misuse of Drugs Act:

Any person who is proved or presumed to have had a controlled drug in his possession shall, until the contrary is proved, be presumed to have known the nature of that drug.

The Misuse of Drugs Act reverses many principles that are taken as central to a fair trial, including the burden of proof and the idea that a court should consider the facts of the case before deciding a penalty.

Amnesty International reports that the Act contains a series of presumptions that:

shift the burden of proof from the prosecution to the accused. This conflicts with the universally guaranteed right to be presumed innocent until proven guilty. Amnesty International is gravely concerned that such presumptions erode the right to a fair trial, increasing the risk that an innocent person may be executed…

The Act applies a mandatory death penalty for a wide range of drug offences, including for importing more than 15 grams of diamorphine or pure heroin.

Possession of relatively small amounts of drugs — by the standards of many countries — is classed as “trafficking” in that drug. Trafficking in that drug carries a mandatory death penalty. Courts have no power to consider the individual circumstances of the case.

Famously described as “Disneyland with the death penalty” by novelist William Gibson, Singapore brings together a record of social order and strict political control, and an unwavering use of the death penalty, particularly for drug-related offences. (Such as a similar recent case profiled here -ed.)

No surprises then that Tochi was convicted of drug trafficking and sentenced to death in December 2005. His appeal was rejected in March 2006, with the judge pausing only to note that the accused had to prove he didn’t know what was in the bag:

Under s 18(2) of the Act, the first appellant was presumed to know the nature of the drugs in his possession. The burden thus shifted to him to persuade the court on a balance of probabilities that he did not know that he was carrying drugs or that what he was carrying were drugs.

The appeal court judge acknowledged Tochi’s claim that he didn’t know, but agreed that he hadn’t proven his ignorance.

Seven months before Tochi’s execution, his brother Uzonna told a reporter from IPS News he had not told their parents that their son, who once supported the family, was now on death row.

“My poor parents will die if they hear that a child who has worked so hard to sustain them is facing a death sentence,” he said.

Tochi was hanged in the face of widespread international protest: legal efforts and a presidential appeal in Nigeria, urgent global appeals from Amnesty International activists, intervention from a United Nations human rights expert, and discreet but unequivocal opposition from a small group of human rights activists within Singapore itself.

Reflecting the colonial origins of the country’s modern death penalty, Tochi was “hanged by the neck till he [was] dead”, in the words of Singapore’s Criminal Procedure Code. The same British legal phrase was taken with the empire to, among other countries, the United States, India, Pakistan, Brunei and Malaysia.

Mr Smith has not been found.

On this day..

13 thoughts on “2007: Iwuchukwu Amara Tochi, “the burden thus shifted to him”

  1. Mr Smith conspire with the authority to set up the young boy, he’s innocent

  2. Tochi was a typical Nigerian drug smuggler and as such deserved no mercy. As the judge mentioned he was travelling on a forged Dubai visa and fully knew what he was involved in. Had he not been caught and hanged, he would have been a full fledged drug courier by now. Nigerians drug smugglers are the most dangerous people in the world, who involve their friends in the trade. In the 1990’s a Dutchman Johannes Van Damme was hanged in Singapore because his Nigeran wife had stuffed his suitcase full of drugs and he was caught at Changi airport. His wife never came to his rescue and stayed hidden. Beware of Nigerians.

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  4. It is possible that Mr. Smith was connected with the Singaporean authorities. There have been cases of the police luring people to sell drugs over the death penalty limit.

  5. These bloody Singaporeans are idiots. Their PM is a moron. Who gives them the right to end someones life. They are all corrupt there. the police , the customs and the politicians. Last time I was there at a hotel in Little india, I saw the local cops dealing in drugs. They pay a portion to the politicians who have drug rave parties, I will personally go there and kick their backsides in. They murder people withoit giving them a fair trial. The PM of Singapore can Suck on my shit

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  9. It is rather sad that a young boy’s life was lost. Yes, he broke a law of Singapore. Yes, the current law states that the offence carries with it a mandatory death sentence. I’m not saying that the judge did the wrong thing by executing the law. However, I think it’s high time we revisit this law. Singapore is known for being very inflexible when it comes to sentencing in drug cases. I can definitely understnad the concerns of its government, and their effort to protect the island from big time drug dealers. However, when special circumstances exist, I think there should be some flexibility when the sentence is passed. Some people have concerned that if judges are given the option to exercise discreation when passing sentence, that the sentences may not be handed out in a uniformed manner. Has the wise Singapore Government ever considered forming a Special Judges Panel to deal with such special circumstances cases? It is really sad that a country which claims to be “first world” is still so stuck-in-the-mud.

  10. I have been to Singapore and it is a third world country underneath all the glass and steel on display. It shouldn’t surprise anybody that the rudest and most irritable people on Earth are unlikely to have any sympathy for snuffing out the life of an innocent man like Tochi.

  11. Its rather unfortunate the way Iwuchukwu Amara Tochi died.Mr. Smith took advantage of the young man and lured him to his death. He should be held responsible for Tochi’s death. I’m not sure Tochi was well lettered and smart otherwise he would not have fallen a victim.Be that as it may,every country has its own law and as we all know,ignorance of the law is no excuse once found guilty. This is just to inform everyone that most countries especially in Asia are no joke when it comes to drug laws.So beware for those who peddle in drugs!!
    Singapore stood by its law. Rather than blame Singapore,lets shift our blames to Mr. Smith who took advantage of a young man who was trying to make a living for himself and help his poor family back home.All I can say is Mr.Smith,the evil that men do will live after them and you will surely pay for your evil ways,if not now later.You knew the dangers of peddling drugs in Asia and you wasted that young man’s life over nothing.I’m sure if that was your kid brother,you won’t send him unto his death.Millions of people who know the story have prayed that nemesis would catch up with you and I believe,Vox Populi Vox Dei.

  12. nigeria should sever every tie with singapore and they should be considered as an enemy country.To the president of singapore:you are very heartless:To mr. smith:JUdgment will soon catch up with you in Jesus Name,The blood of the innocent Boy you Implicated will never stop chasing you until you and all men of your ilk be destroyed.Amen

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