Man accused of trafficking wife to India, ‘victim of messy divorce’, court hears

A DARWIN man accused of trafficking his wife overseas and stealing more than $60,000 from her and her family was actually the victim of messy divorce proceedings, a court has heard

The 28-year-old was arrested last month and charged with human trafficking. Picture: Australian Federal Police

• AFP charges Darwin man with human trafficking after he allegedly sent his own wife overseas

A DARWIN man accused of trafficking his wife back to India and stealing more than $60,000 from her and her family was actually the victim of messy divorce proceedings, a court has heard.

The man, who cannot be named to protect his wife’s identity, applied for bail in the Darwin Local Court on Monday after he was arrested by federal police last month and charged with human trafficking.

Police allege he used “coercion and threats” to cheat her and her family out of money before tricking her into flying to India and commencing divorce proceedings.

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But the man’s lawyer, Lyma Nguyen, said affidavits from his wife tendered in the couple’s divorce hearings “tend to undermine significantly the credibility of the complainant and the veracity of the claims she’s made”.

“They tend to show that she has told the police things contrary to what she has said to the Federal Circuit Court under oath — namely that she wants to be married to him,” she said.

Ms Nguyen said the documents made it clear the woman, who was dependent on her husband’s visa to remain in Australia, had made the allegations against him so she could stay in the country.

“If he were to successfully divorce her, which is what he wants to do, she would not have an ability to remain in Australia,” she said.

AFP charge Darwin man with human trafficking. Picture: AFP

In requesting the man be assessed for electronic monitoring if granted bail, Commonwealth prosecutor Arthur Lloyd said he had only just received the documents in question and would need more time to consider them.

Ms Nguyen also said documents previously tendered by the prosecution purporting to be an outstanding arrest warrant for the man from India relating to an attempted murder charge actually represented a vexatious complaint by another man.

“In fact, (two other men) were charged and convicted and sentenced to jail for seven years for assault and firearms charges, causing injury to (my client) and his brother arising from that incident in 2013,” she said.

“The complaint appears to have been an attempt by the father … in 2015 when the sons were first charged, to claim that it was (my client) and his brother who assaulted (his sons).”

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In ordering the man be assessed for bail, judge Greg Cavanagh said it was apparent the man was “capable of some quite devious manoeuvring in terms of visas”.

“The allegations reveal that this man may well be capable of organising himself to flee the jurisdiction and I’m concerned about him doing that,” he said.

“I am prepared though to consider releasing him on bail on strict conditions, including electronic monitoring.”

The case returns to court on Friday.

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