Spanish Judge Blocks Mitchell Ong’s Deportation in Audrey Fang Murder Case Over Death Penalty

A Spanish judge has blocked the deportation of Mitchell Ong, the 44-year-old Singaporean suspected of murdering fellow citizen Audrey Fang in Spain.

The Court of First Instance and Instruction in Cieza denied the request on 28 May, citing concerns over Singapore’s death penalty.

Spanish Judge Denies Deportation Request Over Death Penalty Concerns

The judge ruled that Ong did not meet the criteria outlined in Article 57.7 of Spain’s Organic Law, which governs the rights and freedoms of foreigners in Spain.

The law states that immediate deportation can occur if an individual has been charged with a crime carrying a jail sentence of fewer than six years or given alternative sentencing such as a fine.

Since the minimum jail sentence for Ong’s potential murder charge in Spain is 15 years, ranging up to 25 years, he does not qualify for immediate deportation.

This ruling makes it unlikely for Ong to face the death penalty if charged with murder.

The deportation request was filed by Spain’s General Commissariat for Aliens and Borders, a national police agency managing immigration and border control matters. The victim’s family supported the request through their private prosecution lawyer.

Spanish immigration authorities had also requested that Ong be banned from returning to Spain for 10 years if the deportation proceeded.

Defence Arguments and Legal Proceedings Block Suspect’s Return

Defence lawyer Maria Jesus Ruiz de Castaneda opposed the deportation request, arguing that removing Ong from Spain would violate fundamental principles of the rule of law and international treaties to which Spain is a signatory.

“He is involved in ongoing criminal proceedings in Spain, where he must be tried with due process,” Ruiz de Castaneda said.

She stated that expulsion would be contrary to the European Convention on Human Rights, the principle of non-refoulement and Spain’s commitments against the death penalty.

The defence lawyer had previously called for the case to be dismissed, saying all necessary evidence had to be examined. She maintained that Ong “firmly and consistently” insisted he did not kill Ms Fang.

Both the Spanish public prosecutor’s office and the private prosecution have requested that Ong be charged with murder. He has yet to make a statement about the case.

Murder Case Details and Investigation Findings

Audrey Fang, a 39-year-old architect, was found dead on 10 Apr 2024 near a parking lot for lorries in the town of Abanilla. Her body was discovered with more than 30 stab wounds and head trauma.

Ms Fang had left Singapore on 4 Apr 2024 to travel alone to Xabia in the Valencia region of Spain. She was supposed to return eight days later but became uncontactable on 10 Apr.

Ong was arrested six days after the body was found. Camera footage showed Ms Fang being picked up from her hotel in a car thought to be driven by him.

Testimonies from two of Ms Fang’s friends on 26 Jun 2024 revealed that Ms Fang and Ong had met on a social dating network. Her family’s lawyer said she had told friends she was meeting the former insurance agent during her holiday in Spain.

The two had known each other for more than 10 years. Ong was made the sole beneficiary of Ms Fang’s Central Provident Fund savings about six months before her death, with the accounts reportedly containing about $498,000.

DNA from two men was found on her clothes in March, raising the possibility that more than one person was involved in her death.