Courts can make mistakes. The High Court at Auckland has surely made an egregious one in a case we have reported today.
Maythem Kamil Radhi is wanted in Australia to face a charge of people smuggling. It is alleged he put more than 300 people on boat in Indonesia that set out for Australia. The overcrowded vessel remained afloat for just one day. It sank somewhere off the Indonesian coast, drowning 353 asylum seekers, 146 children, 142 women and 65 men.
Radhi now lives in New Zealand after being admitted as a refugee himself. A warrant for his arrest was issued by a Brisbane magistrate two years ago and a request for his extradition was granted by Manukau District Court judge a year ago. But late last year he appealed to the High Court and succeeded on grounds that could charitably be called technicalities.
One of them involved a comma in a statute. New Zealand's Immigration Act 1987 made illegal trafficking of people into New Zealand an offence "liable to imprisonment for a term not exceeding three months, or to a fine not exceeding $5000 for each person ... "
Radhi held that comma to be important because extradition required the offence to carry a maximum prison term in New Zealand of not less than 12 months. The District Court judge believed the three-month term could apply for each person involved; the High Court decided the comma meant that only the fine could be multiplied by the number of people involved.