PETALING JAYA: An Iranian national whose five-month detention by the Immigration Department was recently deemed unlawful by the High Court has been reunited with his family.

       Mohammadhossein Samadi, 35, was able to meet his Malaysian wife and two children aged five and seven on Tuesday (Aug 24), the day that the Kuala Lumpur High Court made its ruling on a habeas corpus application.

       “After 152 days, I couldn’t believe that I was out. It was a big shock to me. It’s like a dream. I was only supposed to be in for two days,” he said.

       He said that he saw a lot of “ugly and unbelievable” things while in detention, but did not want to get into details.

       He admitted that he committed an offence when he was detained for drink driving on March 25. He said that he drank two small cans of beer and did not know that it can exceed the limits.

       “I apologise to all Malaysians. I made a mistake and that is why I pleaded guilty within 10 seconds of being charged,” said the musician who has resided in Malaysia for 14 years and been married for 10 years.

       Mohmmadhossein had been charged at the Kuala Lumpur Magistrate’s Court on March 25, where he pleaded guilty and was jailed for two days and fined RM10,000.

       Following his imprisonment, Mohammadhossein then was brought to a satellite prison in Kuala Kubu Baru after he was arrested by the Immigration Department on March 26 under Section 35 of the Immigration Act 1959/63, which stipulates “power to arrest a person liable to removal”.

       This allows authorities to hold him for a period not exceeding 30 days pending the director-general of Immigration’s decision on whether to order for his removal from Malaysia.

       Mohammadhossein was then transferred to the detention facility in Sungai Bakap, Penang, and then to the Bukit Jalil detention centre.

       On May 6, Mohammadhossein was notified that his visa, which was valid until Nov 17, 2021, had been cancelled, and he was scheduled for deportation.

       The detention was deemed illegal and unconstitutional after the department failed to produce him before a magistrate between April 8 and April 22 to obtain a remand order, as the detention was not in compliance with Article 5(4) of the Federal Constitution and Section 51(5) of the Immigration Act.

       His lawyers are challenging the director-general of Immigration’s deportation order in court.

       His wife Ginny Lim said that the five months have been difficult and stressful for her and her two children.

       ”They were always asking where he was. When they saw him he was really excited but when he just went down to the shop they were asking where he was. They were worried he would be gone again for a long time,” she said.

       Both she and her husband were thankful for the outcome of the habeas corpus application and thanked the judge for exercising his wisdom and fairness in coming up with this decision.

       For now, Mohammadhossein wants to forget his ordeal and has reminded everyone, especially foreigners not to make the same mistake as him.

       “Please do not drink and drive, even if it’s just one drink. I have tried to be a good resident of the country and been careful to respect the rules and regulations. At the end of the day, we are all human and might make mistakes,” he said, adding that his detention has caused him mental and skin issues, among other things.