A 37-year-old Iranian suspect in the 2012 Bangkok bombings was today ordered to be extradited to Thailand to face trial, after losing his appeal at the Federal Court to challenge his extradition.

Newly-appointed Court of Appeal president Justice Zulkefli Ahmad Makinudin who led a five-member bench, pronounced the unanimous decision in rejecting the appeal by Masoud Sedaghat Zadeh.

Zulkefli said despite the good issues raised by Masoud's lawyer Muhammad Shafee Abdullah, the bench was not persuaded.

"The appeal is dismissed as we find no merits in the appeal on the (three) issues raised," he said.

Three bombs went off in Bangkok on Feb 14, 2012. The first was an accidental blast at a house Masoud was sharing with two other Iranian suspects, while the second bomb was thrown at a taxi, and the third blew off the leg of an Iranian man before he was arrested by police. 

The suspects were believed to have been targeting Israeli diplomats in Bangkok. 

Following the blasts, Masoud fled to Malaysia and was arrested the next day as he attempted to board a flight to Iran. 

In June 2012, the Kuala Lumpur Sessions Court had ordered his extradition but his lawyers had then filed an appeal. 

In court today, Shafee questioned the authenticity of the order or request (for extradition) made by the Thai authorities as only copies were given to their Malaysian counterpart, which did not bear the seal of the Thai Minister of Justice. 

Shafee also raised the issue that no charge was brought against Masoud by the Thai authorities, and argued that the arrest of the Iranian the day following after the blast was illegal, as it was based on the premise that he was having a fake passport, and not for the bomb blast.

Court rules document properly authenticated

Justice Zulkefli said the documents from the Thai authorities who applied for the extradition order has been properly authenticated and are sufficient for the requirement under Section 24 of the Extradition Act.

“On the charge issue, we find that although the charge is not produced, there is no requirement for a charge to be specifically produced. An order produced is sufficient as argued. On the issue of breach of his constitutional right, we find it does not affect the current detention order made on the appellant,” he said.

The other Federal Court judges who heard the appeal were Justices Azahar Mohamed, Zaharah Ibrahim, Balia Yusof Wahi and Prasad Sandosham Abraham.

Shafee has asked the court to write a judgment in the case. He also told reporters after the proceedings that he will file a review of the case.

DPP Awang Armadajaya Awang Mahmud, who led the prosecution team which comprised DPPs Mohd Ashraf Adrin Kamarul, Adam Mohamad and Mohd Zain Ibrahim, had earlier in his reply to Shafee said they are not relying on the Justice minister's seal but are relying on an oath made by the officer which is in the form of an affidavit.

On the issue that there is no charge on Masoud, Awang Armadajaya said Thailand and Malaysia have different legal systems.

He said the Thai authorities however provided an account of the purported offence under their Firearms, Ammunition, Explosives, Fireworks and the equivalent of Firearms Act for damaging a property and under their Criminal Code.

The DPP further said the intention or requirement that there must be a charge was wrong and on the arrest of Masoud initially, he said the irregularity in the manner the arrest was made was not relevant and cannot be a subject matter of an inquiry.

Awang Armadajaya told Malaysiakini that despite the decision today it might take some time to extradite Masoud.