An Acehnese man who fled to Malaysia to escape persecution from Indonesian authorities was today discharged from an illegal entry charge.

Ahmad Adnan Abdul Kadir, 29 was given a dismissal not amounting to acquittal (DNAA) by the Ampang Magistrate's Court after the prosecution, represented by deputy public prosecutor Faridz Abdullah, withdrew the charge.

Magistrate Mohamad Kamil Nizam issued the DNAA order after rejecting the request by Ahmad Adnan's lawyer for an acquittal.

Amer Hamzah Arshad had asked the court to acquit his client, recognised as a refugee by the United Nation High Commissioner for Refugees (UNHCR), allowed to be resettled in Denmark.

"It is unfair for my client to have a charge over his head indefinitely," he told the court, who then ruled that the DNAA order would be more appropriate in this case.

However, Ahmad Adnan was not released immediately. He was sent back to the Kajang prison for some documentary procedures.

Still 'illegal'

Later, his lawyer told malaysiakini this morning that once this was settled, he would be sent to the Semenyih detention camp before being released.

"In the eyes of the Malaysian authorities he is still an illegal immigrant and all illegal immigrants will be sent to Semenyih camp for deportation. So an official from UNCHR will have to wait for him there to ensure that he arrives safely in Denmark," he said.

However Amer later in the day confirmed that the authorities at the Semenyih detention camp will not be releasing Ahmad Adnan.

"Even a letter from the UNHCR will only postpone his deportation," he added.

Ahmad Adnan came to Malaysia last year and was given refugee status by the UNHCR. However, he was arrested on April 2 at Taman Ukay Perdana in Ampang when he failed to produce the relevant documents.

He was then charged with illegal entry to which he pleaded guilty and subsequently sentenced to 10 months jail and two strokes of the rotan.

'Failure in Justice'

On Monday, the Shah Alam High Court allowed Ahmad Adnan's application to revise his conviction and sentence.

The court concluded that there was a "failure in justice" as the magistrate had failed to ensure that Ahmad Adnan had understood the nature and the consequences of his guilty plea.

The judge then set aside the conviction and sentence. He ordered the case to be mentioned at the Ampang Magistrate's Court.

In his affidavit which he tendered to the High Court, Ahmad Adnan claimed he fled his country after his family and him were abused by the Indonesian authorities due to his brother's involvement in the Free Aceh Movement (GAM).

He alleged that the abuse started in the 1990s when the authorities came looking for his brother at their house. When they could not locate him, they allegedly assaulted Ahmad Adnan and detained his father.

"They told me that my father will be kept in their custody until we surrender my other brother. Until today I do not know what has happened to my father," he said.

He added that Indonesian soldiers came to his house several times over the following years and continued with their abusive treatment on his family.

"In mid 2002, they came again and this time they took all my documents and burnt my house. They then told me to go to the army camp in Aceh. Fearing for my life, I fled to Malaysia where I was given a refugee status by the UNHCR," he said.

He also related his difficulties with the police and the court here who had refused to listen to his explanation on his status as a refugee.