Jail time avoided for crash accused
AN Iranian asylum seeker who rammed a police car in an attempt to be deported was released from custody overnight after narrowly missing jail time.
Two police officers were left with whiplash after the crash on Penisular Drive in Surfers Paradise.
Ramin Kazemi pleaded guilty in the Southport Magistrates Court yesterday to dangerous operation of a motor vehicle, wilful damage, driving without a licence and two counts of serious assault of a police officer.
The court was told Kazemi had changed his mind about deportation and now feared being killed if he returned to Iran.
Magistrate John Costanzo sentenced him to 18 months prison, wholly suspended for two years, and two years probation.
Prosecutor Caitlin Usher told the court police were conducting patrols about 2.30am on January 29 when Kazemi ran into the back of a police car.
“He showed no remorse and smirked and appeared pleased by his deliberate actions,” she said.
Ms Usher said the impact left the two officers with back and hip pain and caused more than $2000 in damage to the police car.
The officers required time off work and had now returned to light duties.
Police spoke to Kazemi, who has only basic English skills, without an interpreter present.
Magistrate Costanzo said: “It is concerning that you did not have the benefit of an interpreter. Had an interpreter been provided, you would have been able to explain yourself better and probably differently.”
Kazemi has spent the past 15 days in the Southport Watchhouse.
He told his lawyer Lisa Searing he never set out to hurt anyone but was feeling hopeless due to a visa rejection.
“There is a very real possibility that returning (to Iran) could be a death sentence for him,” she said. “In that moment he felt so hopeless that the certainty of that was a better alternative to the uncertainty he was in.”
Ms Searing said Kazemi arrived in Australia on a boat six years ago and spent time in an immigration detention on Christmas Island before being sent to a mental health facility.
The court was told he had since gained refugee status and been placed on a bridging visa.
Ms Searing, of Buckland Allen Criminal Lawyers, said in the leadup to the crash, Kazemi had been told his application for a permanent protection visa had been rejected because of a change in the law.
She said he was now waiting to hear if he had been successful in getting a three or five-year protection visa. The court was told Kazemi’s feeling of hopelessness had been compounded after he lost his job.
Ms Searing said Kazemi did not know where to turn to for help.
The case has captured the hearts of the city’s legal fraternity with Ms Searing acting pro bono and also helping Kazemi buy groceries.
Ashkan Tai Lawyers principal Ashkan Tai, who speaks Persian, offered to help translate so Ms Searing could speak with Kazemi.
Ms Searing said immigration were waiting on the outcome of the case.
Kazemi has been given a list of charities and support groups which can offer him help.