Post by toby1 on Feb 4, 2021 9:00:54 GMT -5
Asylum seeker who mowed down teenager while drunk uses European human rights law to avoid deportation
Hadi Hamid was jailed for four years but has avoided deportation
An asylum seeker, who drunkenly ploughed into a teenager leaving him with horrific injuries, has been accused of making a “mockery of justice” after using the European Convention of Human Rights (ECHR) to avoid deportation.
Serial offender, Hadi Hamid, 41, from Kuwait, was jailed for four years in February 2018, after mowing down Luke Mason, 18, and his friend Matthew Lockwood, outside a nightclub in Middlesbrough.
His refugee status was subsequently revoked and at his trial the judge ordered that once he had served his sentence, Hamid, should be deported back to his home country.
But more than a year after his release from prison the authorities remain powerless to deport him because he has argued it is unlawful under Article 3 of the ECHR which prevents inhumane treatment or torture.
Luke Mason was almost killed in the accident
Simon Clarke, the MP for Middlesbrough South and East Cleveland, has said the case illustrates the problems with the ECHR which he suggested was “open to abuse”.
Mr Clarke said: "Luke's case takes us to the heart of the ongoing debate about human rights law in the United Kingdom. Whether it strikes the appropriate balance between the rights of the victim and the perpetrator and between foreign national offenders and the wider public.
"My primary concern was what happened after Mr Hamid was released from prison in October 2019, having served half his sentence.
"Under the terms of the UK Borders Act 2007, he should then have been eligible for automatic deportation as a foreign national offender.”
He went on: “Mr Hamid is relying on Article 2 and Article 3 of the ECHR to trump deportation claiming he fears for his life or being tortured if he is returned to Kuwait.
"Luke is not entitled to any further information than this, despite being the victim of this double injustice. Kuwait is a stable country and a friend to the United Kingdom.
"I suspect strongly that Mr Hamid knows precisely how to play the system, as we know so many offenders like him do, to take advantage of the provisions of the Human Rights Act. Frankly this makes a mockery of justice or Luke and his family.”
Luke, who suffered a broken spine, ribs, arms, collar bone and pelvis, as was as a collapsed lung and dislocated elbow, has lost a year of his life and undergoing treatment.
He said: “After hitting me he didn't stop to help, he drove straight over the top of me very much like a speed bump.
"In court he showed a degree of callousness and demonstrated no regard to how well either me or Matthew had recovered - he spoke only to ask how long his custodial sentence was.
Hadi Hamid was jailed for four years but has avoided deportation
An asylum seeker, who drunkenly ploughed into a teenager leaving him with horrific injuries, has been accused of making a “mockery of justice” after using the European Convention of Human Rights (ECHR) to avoid deportation.
Serial offender, Hadi Hamid, 41, from Kuwait, was jailed for four years in February 2018, after mowing down Luke Mason, 18, and his friend Matthew Lockwood, outside a nightclub in Middlesbrough.
His refugee status was subsequently revoked and at his trial the judge ordered that once he had served his sentence, Hamid, should be deported back to his home country.
But more than a year after his release from prison the authorities remain powerless to deport him because he has argued it is unlawful under Article 3 of the ECHR which prevents inhumane treatment or torture.
Luke Mason was almost killed in the accident
Simon Clarke, the MP for Middlesbrough South and East Cleveland, has said the case illustrates the problems with the ECHR which he suggested was “open to abuse”.
Mr Clarke said: "Luke's case takes us to the heart of the ongoing debate about human rights law in the United Kingdom. Whether it strikes the appropriate balance between the rights of the victim and the perpetrator and between foreign national offenders and the wider public.
"My primary concern was what happened after Mr Hamid was released from prison in October 2019, having served half his sentence.
"Under the terms of the UK Borders Act 2007, he should then have been eligible for automatic deportation as a foreign national offender.”
He went on: “Mr Hamid is relying on Article 2 and Article 3 of the ECHR to trump deportation claiming he fears for his life or being tortured if he is returned to Kuwait.
"Luke is not entitled to any further information than this, despite being the victim of this double injustice. Kuwait is a stable country and a friend to the United Kingdom.
"I suspect strongly that Mr Hamid knows precisely how to play the system, as we know so many offenders like him do, to take advantage of the provisions of the Human Rights Act. Frankly this makes a mockery of justice or Luke and his family.”
Luke, who suffered a broken spine, ribs, arms, collar bone and pelvis, as was as a collapsed lung and dislocated elbow, has lost a year of his life and undergoing treatment.
He said: “After hitting me he didn't stop to help, he drove straight over the top of me very much like a speed bump.
"In court he showed a degree of callousness and demonstrated no regard to how well either me or Matthew had recovered - he spoke only to ask how long his custodial sentence was.
"To allow people such as him to remain in this country without a clear and obvious reason as to why he should be allowed to remain is a disgrace, a slight on our judicial system in this county and an insult to victims such as myself.”"
There is No reason this Kuwaiti should not have been deported !