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Australian Border Force officers caused illegal fishing boat to sink, hears Darwin court

Authorities accidentally caused a foreign boat to sink after overcrowding the vessel during a routine boarding, a lawyer has told a court.

A lawyer has told a Darwin courtroom Border Force officers caused an illegal fishing boat to sink after they “overcrowded” the vessel. (AAP Image/Tracey Nearmy)
A lawyer has told a Darwin courtroom Border Force officers caused an illegal fishing boat to sink after they “overcrowded” the vessel. (AAP Image/Tracey Nearmy)

Australian Border Force officers accidentally caused a foreign boat to sink after overcrowding the vessel during a routine boarding, a lawyer has told a court.

During a marathon court session on Tuesday, 18 Indonesian nationals across three separate crews faced Darwin Local Court charged with using a foreign boat to illegally fish.

Additionally, each crew’s sea captain was also charged with having a foreign boat equipped for fishing.

The court heard the first boat was intercepted by authorities on April 7, where a crew of eight were detained.

However, five members were not charged and instead repatriated back to Indonesia – a detail the remaining crew’s defence lawyer took aim at.

“I understand (five) crew members were not charged and the explanation was that there was some sort of administrative mistake,” he said.

“I’m not sure whose decision that was but there is a degree of unfairness that these three, by chance, have been the ones who have been prosecuted.”

18 Indonesian nationals were sentenced on Tuesday. Picture: Pema Tamang Pakhrin
18 Indonesian nationals were sentenced on Tuesday. Picture: Pema Tamang Pakhrin

The defence lawyer also turned the spotlight on how the authorities boarded the illegal vessel.

“The boat started sinking when (Australian) Border Force boarded the vessel,” he said.

“It was then overweight (and sank).”

The court also heard another crew of eight men had been drifting at sea for two days after their motor had died.

They were collected by authorities on April 20.

The defence lawyer told the court the large group of foreigners were driven by “economic pressures” and “significant debt” back home.

Judge Sally Ozolins found all 18 men guilty, ordered to sign recognisance orders ranging between $500 and $2000.

The men are expected to be deported back to Indonesia in the coming days.

Original URL: https://www.ntnews.com.au/news/australian-border-force-officers-caused-illegal-fishing-boat-to-sink-hears-darwin-court/news-story/63aea6a3af6bc5629a2db70a809cac50