The Sessions Court was on Monday told that the Home Affairs Minister had decided to not have him extradited to the Philippines which means Mohammad Kamal Sa'aid, who was held under custody since his release from prison for a passport offence, is now a free man.
Judge Ainul Shahrin Mohamad discharged the 48-year-old as a fugitive criminal.
She made the decision after the prosecution confirmed that a representation letter had been made and that the Home Affairs Minister had exercised his power under Section 47 of the Extradition Act 1992 to not extradite Kamal to the Philippines. (Watch video link on Aman Futures Scam)
Counsel Ram Singh, who represented Kamal, applied to the court to issue a warrant to discharge his client.
The prosecution had earlier made an application for the extradition procedure under the said Act.
According to Ram, on Sept 30 during hearing of the application, Kamal's family had made a representation letter to the Minister of Home Affairs with regards to the matter and that the case was then adjourned to Monday pending the prosecution verifying and finalising the matter.
Kamal of Beaufort was on Feb 5, 2013 sentenced to two years' jail by the Magistrate's Court for having a Philippine passport which he had obtained fraudulently.
He admitted to having the passport under the name of Amililio Manuel Karingal, which he obtained through the submission of false particulars and was arrested for the offence at 5.30pm on Jan 25 last year at the departure gate in Terminal 2 of the Kota Kinabalu International Airport in Tanjung Aru.
Kamal entered his guilty plea from his bed at the male medical ward at the Queen Elizabeth Hospital 1 here – where he had been warded for a liver problem – to the offence under Section 12(1)(d) of the Passport Act 1966, which provides for a fine of up to RM10,000 or up to five years jail, or both, on conviction.
Ram said after Kamal served the sentence in prison, he was re-arrested by police to be extradited to the Philippines to help in investigations involving fraud and cheating cases there.
Kamal was further remanded for 90 days to facilitate the request from the Philippines for his extradition, said Ram, who added that the matter was then brought to the jurisdiction of the Sessions Court under Section 18 and 19 of the Extradition Act.
Deputy Public Prosecutor Nazran Sham together with Senior Federal Counsel Jamil Aripin appeared for the prosecution while Ram represented Kamal together with YS Lo and Timothy Daut.
Alvin C. Malasing held a watching brief for the Philippine Embassy.
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