An
alleged people smuggler wanted in Australia following the deaths of illegal
immigrants who drowned when their boat sank off Indonesia cannot be extradited
because people smuggling was only a minor offence under New Zealand law at the
time of the deaths. Immigration
penalties for people smuggling have since been beefed up.
The High Court was
told that Maythem Kamil Radhi (also known as Maytham Kamil Radhi) is wanted in
Australia for his alleged involvement in a 2001 attempt to smuggle about 300 illegal
immigrants into Australia from the Middle East.
The vessel sank in rough seas off Indonesia and most passengers were
drowned.
Mr Radhi was accepted
into New Zealand from Indonesia as a refugee in 2009. Australian authorities sought an extradition
warrant in 2011 after finding that Mr Rahdi was in this country. In Australia, Mr Rahdi faces up to 20 years
imprisonment if found guilty of people smuggling. At the time of the deaths, New Zealand
immigration law imposed a maximum sentence of three months. Extradition is not ordered for minor
offences. Before ordering extradition, a
judge must be satisfied that the behaviour complained of would be an offence in
this country if it were committed in New Zealand and that the maximum penalty
on conviction is at least twelve months.
Since June 2002, eight
months after Mr Rahdi’s alleged involvement in the ill-fated people smuggling
operation, New Zealand law was changed to create specific offences against
people smuggling with heavy penalties.
Radhi
v. Police – High Court (11.2.13)
13.003