People Smuggling and unruly behaviour in our Detention Centres cdpp.gov.au/case-reports/habiburahman-aka-aung-soe-naing-and-abdul-basir/ HABIBURAHMAN (aka Aung Soe NAING) and Abdul BASIR Category : People Smuggling Year : 2011-2012 On 11 August 2011 detainees at the Northern Immigration Detention Centre were engaging in a rooftop protest. At about midnight officers of Serco Australia Pty Ltd (Serco) employed at the Detention Centre were instructed to conduct checks on the detainees to ensure that they were down from the rooftop and in their rooms. When a Serco Officer entered the defendants’ shared room, he saw someone on the top bunk of the bed and a light on underneath the bathroom door. As no-one answered, he opened the door, to find that no-one was inside. Upon turning around, he found Habiburahman standing in front of him, asking “Why are you disturbing me?” and “Why are you in my room?” Serco officers nearby heard raised voices and went into the room. Inside the room, Habiburahman punched the first Serco officer in the head, causing him to lose consciousness. A ‘Code Black’ was called for officer assistance and more Serco officers came to the room to assist. Habiburahman was restrained and Basir entered the room. Basir was alleged to have bitten the first Serco officer on the chest and was then restrained by the other Serco officers. A group of detainees were crowded outside the room and incidents occurred which escalated the situation such that Serco officers were directed to evacuate the compound. During the evacuation, detainees threw rocks at the officers. As officers made their way toward the compound exit gate, it was alleged that Basir threw a rock in the direction of a second Serco officer. It was also alleged that after the second Serco officer exited the compound gate, Habiburahman threw a rock over the gate, which made contact with the officer. In addition to this, on 30 October 2012 Habiburahman caused damage to the roof of the medical centre at the Northern Immigration Detention Centre by striking the roof with a metal pole which he removed from the electrical security fence. The damage was valued at $3500. Habiburahman was charged with 2 counts of causing harm to a Commonwealth Public Official pursuant to section 147.1(1) of the Criminal Code. He pleaded not guilty to these 2 counts. Habiburahman was also charged with 1 count of damaging Commonwealth property pursuant to section 29(1) of the Crimes Act to which he pleaded guilty. Basir was charged with 1 count of causing harm to a Commonwealth public official pursuant to section 147.1(1) of the Criminal Code and 1 count of unlawful assault with a dangerous weapon pursuant to section 188(2)(M) of the Criminal Code Act (NT). Basir pleaded not guilty to both charges. After a 15 day hearing in the Darwin Court of Summary Jurisdiction, Habiburahman was found guilty of 1 count against section 147.1(1) Criminal Code, for punching the first Serco officer. He was acquitted of the other charge against section 147.1(1) Criminal Code, for throwing a rock at the second Serco officer due to the inconsistent identification evidence of the various witnesses. Further, the court could not identify the defendant on the CCTV footage as the person throwing the rock. Habiburahman was also convicted of the offence of damaging property to which he pleaded guilty. Basir was acquitted of both charges. The court could not be satisfied beyond a reasonable doubt as to the sequence of events before Basir bit the first Serco officer and could not exclude the possibility that Basir considered it necessary to defend himself in the circumstances. The court also considered the CCTV footage to be of extremely poor quality and of limited value and could not be satisfied that the person on the footage was Basir. Habiburahman was sentenced on 18 June 2012 to 3 months imprisonment to be released immediately on condition that he be of good behaviour for 12 months. Habiburahman has lodged an appeal against his sentence.
Posted on: Fri, 02 Jan 2015 16:44:57 +0000
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