Source: bikyamasr.com
Alisha Hassan | 15 August 2012
Malaysia refuses Afghan man’s appeal, to be extradited to Australia.
KUALA LUMPUR: The Malaysian government said it will extradite an Afghan citizen to Australia where he will face 25 charges of human trafficking after his appeal in Malaysia was turned down.
Court of Appeals Md Raus Sharif said the court agreed with the decision of the Kuala Lumpur High Court, which had dismissed the writ of habeas corpus by Said Mir Bahrami.
“We see no reason why we should disturb the findings of the High Court,” Justice Raus who was chairing a five-member panel, said in unanimously dismissing the Afghan’s appeal.
Bahrami, who was given refugee status in Indonesia, is wanted by the Australian government for his alleged involvement in organizing and providing facilities for illegal immigrants to enter the country.
Home Minister Hishammuddin Hussein had issued a written order under Section 20 of the Extradition Act 1992 to facilitate the extradition process of Bahrami, based on the extradition treaty between the Malaysian and Australian governments.
The 40-year-old carpet seller was arrested on August 5 at Berjaya Times Square Hotel in Kuala Lumpur and was detained.
On December 19, last year, the Sessions Court granted the order to extradite him to Australia.
On January 13, Bahrami filed the habeas corpus application, naming the director of Sungai Buloh prison in Selangor as respondent, claiming that the extradition order against him did not comply with requirements set out under section 20 of the Extradition Act.
In his affidavit, the Afghan said he did not have any knowledge about the alleged involvement to smuggle illegals via Indonesia as stated in the 25 charges.
He argued there was insufficient evidence in court particularly concerning a photo board used to identify him as the person who operated under the name of Mohandes, Regi, Saidamir, Haji, Asadi and Raouf.
On April 24, the High Court dismissed Bahrami’s writ of habeas corpus.
Earlier, his lawyer, Karpal Singh, argued that the extradition order was “defective as there was no evidence by way of affidavits from the people whom Said Mir allegedly smuggled to state that he (Said Mir) was the person involved.”
Deputy Public Prosecutor Noorin Badarudin for the director of the Sungai Buloh Prison said the immigrants smuggled had identified Bahrami through a photo board as the person involved.
BM
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