'Send him back'
Thu, November 27 2008
‘‘The Canadian authorities were informed about this but yet they are making demands that we do not execute Tee (Liew),” he said in response to a story published in the Asian Pacific Post which exposed how Canada is seeking assurances from Malaysia that it will not execute failed refugee claimant Tee Meng Liew.
Liew has been described in the Federal Court of Canada as one of Malaysia’s “most-wanted criminals.”
He remains in a Toronto jail – where he has been imprisoned for the last 20 months – until the request is resolved.
The Malay Mail, a Kuala Lumpur-based afternoon tabloid that followed up on the Asian Pacific Post story, described the request by Canada as “outrageous.”
Lawyers contacted by The Malay Mail were flabbergasted by Canada’s demands, which they deemed “unfriendly and an attempt to bully.”
Said one: “How can any government impose such conditions on a court of law? Canada is messing with our judicial system and belittling us.”
Another said: “I can’t imagine why a government would want such assurances as the man is facing a serious criminal charge.
“This is despicable. He should already have been deported. But more importantly, the laws of Malaysia need to be obeyed and (besides) he may not necessarily be hanged.”
All the lawyers insisted Malaysia — or for that matter any other country — would never accede to such demands.
Undersecretary of the Malaysian Ministry of Foreign Affairs consular division, Ayouf Bachi, said he only learned of the matter through news reports.
He said his ministry is liaising with police in Malaysia to get the facts.
“We will first need to verify whether the claim by Liew (on being on Malaysia’s wanted list) is true or not as we have seen cases where those caught and detained for various reasons have made up stories to avoid being deported.
“ However, if he has broken Canadian law, then it is for (Canada) to take action against him,” said Ayouf.
A Malaysian Interpol spokesman said the case first popped up on its radar three years ago. However, nothing materialised due to the Canadian government’s refusal to send Liew back.
Canada – which affords Charter of Rights and Freedoms “fundamental justice” protections to anyone on its soil – does not deport or extradite individuals it believes will be executed or subjected to punishments that “shock the conscience.”
The Canadian government, which wants to deport Liew with conditions, has been seeking assurances that he be given a speedy trial and that he will not be executed should he be tried and found guilty. Malaysia and Canada do not have an extradition treaty.
Liew, a fugitive and a failed refugee claimant, has been living underground in Canada for more than 10 years.
He has been on the run from Malaysian authorities for his connection with a murder that allegedly resulted from a drunken bar brawl 18 years ago, when he was 21.
Details of the incident are not known but he was described in the Federal Court of Canada as one of Malaysia’s “most wanted criminals.” However, he is not listed as “most wanted” on the Royal Malaysian Police website.
Liew had told the court he would be hanged for the killing.
Describing the case against his client as “bizarre in the extreme,” Liew’s lawyer Timothy Leahy said Liew did not initially disclose his Malaysian arrest warrant to Canadian authorities because he feared he would be summarily deported and hanged.
Leahy, a lawyer with international immigration law firm Forefront Migration, says Liew’s arrest warrant stems from a youthful incident in which Liew was not a key player.
“No one has ever been tried for the offence although three of (Liew’s) friends were jailed for three years before the charges were dismissed for lack of evidence,” said Leahy, in e-mail correspondence with the Asian Pacific Post from his firm’s offices in Doha, Qatar.
“They, of course, said that Meng (Liew) did it because he was, to their mind at least, safe in Canada and, thus, beyond the reach of Malaysian law.”
Leahy contends that he has seen “absolutely no supporting evidence” that Canada is “actively” negotiating to get the Malaysian Government to agree that Liew will not be executed if he’s convicted.
He filed an application in court last week asking for information outlining: When Canada raised this matter with Malaysian officials, the name and position of the Malaysian official who has the authority to give binding assurance that his client will not be executed if convicted, and how soon after his return has Malaysia promised to hold the trial, among other things.
Leahy’s application was dismissed.
By Mata Press Service
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