Lawyer Shafee fumes over re-arrest of VIP's son

There was high drama in the Kuala Lumpur High Court room today after family members and counsel representing an Iranian, who is being sought by authorities in the United States of America, tried to stop immigration officers from re-arresting him, a son of a VIP from the Islamic Republic of Iran.

The incident happened after Justice Kamardin Hashim ordered Sajad Farhadi to be released after allowing his habeas corpus application and setting aside a Sessions Court order which had allowed the Attorney-General of Chamber's application to extradite him to the US.

Farhadi, 34, a PhD student with a private college here, was hugged by his wife and family members immediately after Kamardin handed down his decision.

A heated argument broke out between senior federal counsel Mohd Dusuki Mokhtar and Farhadi's counsel Muhammad Shafee Abdullah, when the latter confronted the immigration officers to as the reason he was detained.

"If you want to arrest him then you must be able inform him for what offences he is being arrested for. You can't simply handcuff him just like that in the court room," said Muhammad Shafee to one of the immigration officers, who were in plainclothes.

Farhadi's wife, who was cheerful when the judge pronounced his judgment, was in tears when she went to seek clarification from Shafee the reason for her husband being handcuffed again.

Mohd Dusuki tried to explain to Shafee and Farhadi's family members that even though the court had ordered Farhadi to be freed, he still needed to be in custody to facilitate investigation for two alleged offences under the Immigration Act 1959/63.

After Farhadi was taken away by the Immigration officers, Shafee and his co-counsel stepped out from the court room to discuss the next cause of action.

Violating the trade embargo

Muhammad Shafee, when contacted later, told Bernama that his client had been in custody for nearly one-and-a-half years at the Sg Buloh Prison and the Immigration Department should have completed its investigation and charged him, if any offence had been committed.

The lawyer said he would be sending a notice of demand to the Immigration Department for the immediate release of his client.

On Nov 11 last year, the Session Court had allowed an application by the prosecution to facilitate the Home Ministry to extradite Farhadi to the US.

Farhadi is wanted by the US authorities for more than 30 counts of violating the trade embargo against Iran, forgery and smuggling of goods at the Northern District of California.

During today's proceeding, in allowing the habeas corpus application, Kamardin ruled that the order issued by the lower court and the warrant of committal issued under Section 20 of the Extradition Act 1992 were not carried out with the applicable laws.

He said the corresponding offences preferred against the applicant failed to satisfy the cardinal principle of double criminality rule and that they were not extradition offence.

"The applicant had succeeded in showing defects and irregularities on the part of the respondents and the Session court judge in applying the laws and the procedures while dealing with this case," stated Kamardin in his 16-page judgment.

He ordered the order detaining the applicant at the Sungai Buloh Prison pending the issuance of the order by the Home Ministry for the extradition to be set aside and the applicant to be released immediately.

Re-arrest was lawful

Later, in a statement, Attorney-General Abdul Gani Patail said the re-arrest of Farhadi immediatly after the court granted his habeas corpus application, was lawful and consistent with the Immigration Act 1959/63.

He said officers of the Immigration Department took Farhadi into custody to facilitate the department investigating allegations that he (Farhadi) was not in possession of a valid pass.

Gani said the arrest was carried out lawfully and consistent with provisions of the Act.

He said investigation papers had officialy been opened and there was no mala fide in the arrest and that the department (Immigration Department) had used its powers wisely without transgressing the rights of Farhadi.

"Once investigations are completed and sufficient evidence has been gathered, Farhadi will be brought to justice and charged accordingly," assured Gani.

In a related development, the attorney-general confirmed that his office had filed a notice of appeal against today's High Court decision.

Meanwhile, a US embassy spokesperson Harvey Sernovitz, in a brief statement to Bernama, said the US government was seeking extradition of Farhadi following his indictment in a US federal Court for violating export control laws.

- Bernama