PUTRAJAYA, Aug 15 � Iranian Sajad Farhadi, who is wanted by the United States for conspiracy to breach an embargo to the Middle East nation, has been set free.
A five-member Federal Court panel unanimously dismissed the appeal brought by the Home Minister, director of the Sungai Buloh prison, the Home Ministry and the Public Prosecutor.

They had appealed against the Aug 2 writ of habeas corpus granted by a Kuala Lumpur High Court to release Farhadi, 34, from detention.

Farhadi's counsel Datuk Seri Muhammad Shafee Abdullah told reporters that Farhadi would try to take a flight back to Iran by tonight, adding that he would be escorted by authorities to the airport. He said since Farhadi's visa had expired, he would be issued a special pass to exit Malaysia.

Court of Appeal President Tan Sri Md Raus Sharif, who chaired the panel, said the Federal Court agreed with the decision of the High Court which allowed Farhadi's writ of habeas corpus.

"We will write our judgment at a later date," said Justice Raus who presided with Federal Court judges Tan Sri Abdull Hamid Embong, Tan Sri Ahmad Maarop, Datuk Hasan Lah and Datuk Jeffrey Tan Kok Wha.

The Federal Court proceeded to hear the appellants' appeal in the afternoon after rejecting their application to stay the release order in the morning.

During the morning's proceedings, Justice Raus said the court could not grant a stay when a person had been ordered freed through a habeas corpus.

"We will be the first in the world, if not in the Commonwealth, should the application for stay, pending an appeal is allowed," he said.

Farhadi was detained for breaching Malaysian Immigration laws and the detention order expired today.

On Nov 11 last year, the Sessions Court had ordered Farhadi to be extradited to the United States at the request of the country.

The son of a VIP in Iran, he was 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.

Farhadi subsequently filed a writ of habeas corpus and on Aug 2, the Kuala Lumpur High Court allowed his writ and set him free.

The High Court also set aside the Sessions Court decision ordering him to be extradited to the United States.

The�The Malay Mail Online

 

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