| Fadley Faisal |
THE High Court yesterday declined an appeal against conviction and sentence passed by the Magistrate’s Court on a Bangladeshi man for immigration offences of overstaying.
Mohammod Iron Mia Md Chan Mia, represented by Defence Counsel Rozaiman Rahman, appeared before Chief Justice Dato Seri Paduka Haji Kifrawi bin DP Hj Kefli to appeal against his conviction.
After looking at the case, the chief justice decided the senior magistrate had made the right decision in convicting the defendant, who should have personally taken the necessary steps to check with the Immigration Department regarding his immigration pass.
The defendant’s case in the Magistrate’s Court trial was that he relied solely on his friend, Morshad Alam Shahin, to make arrangements with the Immigration Department to renew his immigration pass and eventually get a job and employment pass issued by the Immigration Department.
The chief justice also decided there was no inordinate delay as brought up in defence, and that a probation or community service order pursued by defence was not fitting for sentencing.
“I agree with the senior magistrate that this case is a serious offence as it poses a serious threat to national security,” the chief justice said.
Mohammod Iron Mia was sentenced by the Magistrate’s Court to six months imprisonment and three strokes of the cane after being found guilty of overstaying from September 23, 2011 to April 19, 2012.
The sentence was upheld. DPP Suriana Radin appeared as respondent in the case.