National Border Patrol Director Daniel Seeram will remain in custody pending his sentencing after the High Court today dismissed his application for judicial review of a magistrate’s decision to remand him to prison following his conviction for assault causing actual bodily harm.

Justice Joy Persaud-Singh handed down the ruling this morning finding that Seeram’s application did not meet the criteria for judicial review.

The judge said the court was guided by the test outlined by then Chief Justice Ian Chang in the application by Sherwin Sampson, namely that the issue was not whether the High Court agreed with the magistrate’s decision, but whether the decision was so plainly irrational that no properly directed reasonable judge could have reached it.

Justice Persaud-Singh said there was no indication that Magistrate Abigail Gibbs had acted unlawfully, irrationally or outside of her jurisdiction.

Accordingly, she dismissed the application for judicial review and upheld the magistrate’s decision to refuse bail.

Seeram’s legal team is now moving to the Court of Appeal in a further bid to secure his release pending sentencing.