Six Indonesian fishermen “mistakenly” sent home despite active criminal charges
A Territory judge has ruled it would be ‘unfair and unjust’ to issue an international warrant against six poor fishermen the Commonwealth mistakenly deported despite a looming court date.
Police & Courts
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A Territory judge has denied an international warrant to hunt down six impoverished Indonesian fishermen mistakenly deported back home.
On Tuesday, the Darwin Local Court heard that the Commonwealth was seeking a warrant to rearrest six men busted 55 nautical miles off the Northern Territory coast on January 11.
Judge Steve Ledek said a search of the vessel uncovered 750kg of trepang, which is targeted by illegal fishermen for its use in food and medicine including as an aphrodisiac in China.
Mr Ledek said the bust also uncovered 250kg of salt and diving gear used to gather the sea cucumbers as part of the “rudimentary operation”.
The boat’s eight-man crew, Agustinus, Defise, Axel Hendric, John Kelivuulan, Jerson Matrutty, Igo Nataniel, Sofiyan and Yan, were all charged with intentionally using a foreign boat.
Sofiyan, the alleged skipper of the boat, faced the additional charge of having a foreign boat equipped for fishing.
The court heard the men were held for 20 days before charges were laid — in breach of a seven-day limit — and were not provided legal representation.
All but two men, Yan and Hendric, were deported back to Indonesia, despite the charges being laid and a court date being set.
Their defence lawyer Nicola MacCarron said the six other alleged crew members were flown to Indonesia due to a “mistake” by Commonwealth authorities.
Ms MacCarron said the men used a clause under the Migration Act where a foreign national can request directly to the Minister to return to their home country, however there remained “broad powers” to keep them in custody.
“There is nothing compelling them, the Commonwealth, to return those people while those investigations are being made,” Ms MacCarron said.
“The decision is made (to charge them) and they’re still deported — it doesn’t make sense.
“It’s clear there is a mistake somewhere along the line.”
Mr Ledek said it would be “unfair and unjust” to issue a warrant against the six men who were flown home by the very same agency seeking to punish them.
Instead he ruled a pause on the charges, meaning if the six men ever returned to Australia they would be brought before the Darwin Local Court.
“It really is an indefinite type of stay,” Mr Ledek said.
Mr Ledek said the remaining two crew members, Yan and Hendric had missed out on this leniency merely because their departure date happened to be the day after their court hearing.
Both of the fishermen pleaded guilty to using a foreign boat, with the court told that Yan was offered $200 and Hendric just $50 for the illegal journey.
“No boat goes to sea without a crew … the owners rely on the desperation of people trying to make an income illegally to populate those boats to do the wrong thing,” Mr Ledek said.
Yan was convicted and faces the threat of a $3000 penalty if he reoffends in the next 12 months.
Mr Ledek said this was the second time Hendric had been caught illegally fishing, but it had been seven years since the father and husband was first tempted into Australian waters.
He was convicted and fined $3000 and given 28 days to repay the debt — with Mr Ledek noting that the fisherman was unlikely to ever have that money and would have to repay this debt through a prison stint of up to a month.
But since Hendric was about to be deported, Mr Ledek said this fine would act as a deterrent for the Indonesian father to ever return to Australia.
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