Suspects can’t be charged under Immigration Act

Defence Counsel told Court that the seven suspects who are charged with the attempt to smuggle 116 asylum seekers to Australia after each of them paid Rs.200,000 could not be charged under the Immigration and Emigration Act.

Senior Counsel M. Rajapaksa told the Colombo Chief Magistrate Rashmi Singappuli that the Colombo Fraud Bureau had in their report said the seven suspects had violated the Immigration and Emigration Act.

The Counsel said at the time of their arrest the suspects did not have with them any passports or any other document nor were there any vessels to transport the asylum seekers to wherever they were supposed to be going.

He alleged that the suspects were arrested from different areas and charges had been framed.

The Counsel said the suspects may be charged under the Penal Code for allegedly accepting money on the promise of finding jobs but not under the Immigration and Emigration Act.

At the time of their arrest the suspects did not have with them any passports or any other document or were there any vessels to transport the asylum seekers to wherever they were supposed to be going

He requested Court to grant bail to the suspects.

Counsel M. Fahim Nassar appearing with Lakmal Ranasinghe for the fourth suspect said his client was arrested by the Police while he was taking thirteen people whom he had hired to was also made a suspect to this case,

He asked court to direct Police to file a report on how his client came to be involved in the case. CFB Inspector Daya Perera said the police were in a position to produce evidence that the fourth suspect too was involved in the case.

The Magistrate ordered the Police to file a full report when the case was next taken up for inquiry.