Alleged Afghan Human Trafficker Fails To Secure Writ Habeas Corpus

KUALA LUMPUR, April 24 (Bernama) -- An Afghanistan national wanted by the Australian immigration authority in connection with 25 criminal charges of human trafficking, failed to secure a writ of habeas corpus, for his immediate release at the High Court here. With the decision Tuesday, Said Mir Bahrami, 40, a carpet seller, will remain at the Sungai Buloh Prison, pending his final appeal at the Federal Court. Justice Ghazali Cha in his decision said Home Minister Hishammuddin Hussein had acted within the law when he issued a written order under Section 20 of the Extradition Act 1992 to facilitate the extradition process of Said Mir. He said under the Act, the minister has the prerogative to issue such an order based on the extradition treaty between the Malaysian and Australian governments, signed on Nov 15, 2005, where it cannot be challenged. Justice Ghazali said the court also took into consideration the supporting affidavits filed by officers of the Australian Federal Police on alleged involvement of Said Mir in organising and providing facilities for illegal immigrants to enter the country. In one of the supporting affidavit, a senior federal counsel at the International Division of the Attorney-General's office in-charge of the extradition request, Swandra Kim Chu Ramachandran, had stated that the Australian government had officially requested a warrant of arrest to be executed on the applicant on July 19, last year. She added that the warrant was successfully executed on Aug 1, and the Afghan suspect was detained at the Sg Buloh prison pending further orders from the minister. On Dec 19, last year the AG's office had succeeded in obtaining an order from the Sessions Court to extradite him. Following this, on Jan 13, he filed a habeas corpus application for his immediate release, claiming the extradition order against him had failed to comply to the requirement of section 20 of the Act. Meanwhile, Said Mir in his affidavit in reply, claimed he never had any knowledge on his alleged involvement in smuggling illegals via Indonesia as stated in the 25 charges. He also claimed insufficient evidence tendered in court, especially on "photo board" to identify him as the person who operated under the name of Mohandes, Regi, Saidamir, Haji, Asadi and Raouf. Deputy public prosecutor Kamal Baharin Omar appeared for the director of the Sg Buloh Prison. -- BERNAMA