Court frees Iranian musician after 5-month detention

 

Iranian musician Mohammadhossein Samadi, who is married to a Malaysian, was detained by immigration authorities after he served a jail sentence for drink driving.

SHAH ALAM: The nightmare is finally over for an Iranian musician who was detained on March 26 for a traffic offence.

After nearly five months in detention faced with the threat of deportation, Mohammadhossein Samadi was today ordered to be released by the High Court here.

Mohammadhossein had pleaded guilty to reckless driving while under the influence of alcohol in March and sentenced to two days jail and fined RM10,000.

However, he was arrested by the immigration authorities under Section 34 of the Immigration Act after completing his jail sentence and was then held at an immigration detention centre.

Following the detention, he filed a writ of habeas corpus to be released from immigration custody as he had not been produced before a magistrate within 14 days for a remand order.

His Malaysian wife, Ginny Lim Su Lane, 36, filed an affidavit in support of the application.

Today, High Court judge Mohd Yazid Mustafa allowed his application for a writ of habeas corpus on the grounds that the detention was unconstitutional.

Mohammadhossein was represented by a team of lawyers comprising Alex Anton Netto, Yap Boon Jhoe and Kevin De Rozario.

“The continuous detention is unlawful because he was not produced before a magistrate to extend his detention. On that basis alone, he was granted the habeas corpus,” Netto told reporters after the hearing.

He said the detention was in violation of Article 5(4) of the Federal Constitution and Section 51 of the Immigration Act.

The article provides that a non-Malaysian who is arrested or detained under immigration laws is required to be produced before a magistrate within 14 days and shall not be further detained without the magistrate’s approval. - FMT