The Star Malaysia

Rohingya seeks to quash charge against brother

- By MAIZATUL NAZLINA nazlina@thestar.com.my

SHAH ALAM: The brother of a 16yearold Rohingya refugee has applied to the High Court here to quash a charge against his younger brother of being in the country without valid passes.

In his notice of motion filed on Feb 10, Mohd Shah Mohd Roshid is seeking a declaratio­n that the charge under Section 6(1)(c) of the Immigratio­n Act 1959/63 be set aside, quashed or permanentl­y stayed.

He was seeking for his brother to be acquitted and discharged.

Yesterday, Deputy Public Prosecutor Lokman Kassim said he needed time to reply to the applicatio­n.

Counsel Collin Arvind Andrew said his cli ent was seeking a declaratio­n that the detention of the Rohingya was in conflict with the 4th Preamble of the Child Act 2001 and Article 22(1) of the Convention on the Rights of the Child.

Collin said the accused was under detention for two months and his applicatio­n for bail had been denied.

High Court judge Justice Zulkifli Bakar adjourned the matter to March 27, for hearing of the applicatio­n.

When met outside the courtroom, Collin said the boy was 15 years old when he was detained.

He was said to have committed the offence at Datuk Abu Bakar Baginda in Sepang at 12.30pm on Dec 11, last year.

A preliminar­y objection raised was dismissed by the Sepang magistrate’s court.

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