Pair accused of human trafficking and keeping a slave lose court costs fight

Two people who faced charges of human trafficking and keeping a slave have lost a bid force the federal government to pay their court costs.

TWO Launceston people who were accused of human trafficking and keeping a slave, but who had their cases dismissed, will still have to foot their own legal bills after failing to argue their costs should be paid by the federal government.

The pair were each charged in 2019 under federal law with keeping a slave and trafficking in persons, and arrested by the Australian Federal Police.

They appeared in the Launceston Magistrates Court on three occasions and were granted bail.

But in September 2020, Commonwealth prosecutors told the Supreme Court of Tasmania they did not intend to proceed with the indictment, with Justice Robert Pearce dismissing the complaints.

In his judgment published on Monday, Justice Pearce dismissed the pair’s application for costs, because Tasmanian legislation did not apply to federal offences.

But the judge also said he would have “declined to make a costs order in any event”.

“The mere fact that a prosecution is discontinued is not sufficient to justify (a costs) order,” he said.

Justice Pearce said while the pair argued the case had no real chance of success, the judge said that did not necessarily mean the prosecution was not made in good faith.

He said he had not been given any evidentiary or other material about the subject of the charges, the case against the pair, what evidence was available to prosecutors or what circumstances led to the decision to discontinue.

“In this case, the complaint was dismissed in advance of a hearing and without evidence of witnesses or cross-examination.”

The duo cannot be named for legal reasons.

Violent change room stabber to be paroled

A MAN who stabbed his estranged wife to the face, neck and stomach in a change room at Target Launceston in a “close, violent and bloody attack” will soon be released from jail on parole.

But upon his release from Risdon Prison on November 16, Hemant KC will immediately be taken into custody by Australian Border Force and held in detention, awaiting deportation to his home country of Nepal.

In April 2018, KC followed his former wife into a change room, stabbing her repeatedly with a knife, causing her to believe she would die.

According to Justice Robert Pearce’s comments on passing sentence, KC had married the woman when he was 22 and she was 16.

“The attack only ceased when a male customer heard the complainant’s screams, broke through the door of the fitting room and pushed the defendant away,” the judge said while sentencing.

He jailed KC for four and a half years, with a non-parole period of half that time.

On Friday, the Parole Board of Tasmania published its decision as to why it had decided to release KC.

It said the woman suffered “profound” impacts as a result of the traumatic attack, and remained fearful for her safety.

“Her life is irrevocably altered,” the board said.

However, the board also said KC had undergone therapy to address his behaviour, expressed remorse and regret for his actions, had no history of committing crime in Australia, and had shown he was willing to work on himself.

It did note that upon his return to Nepal, KC intended to live with his parents – about 25km away from his former wife’s parents and her son – but said his family seemed to be aware of the need to leave the victim’s family in peace.

“There are currently no suitable flights between Australia and Nepal and his detention accordingly would be for an indeterminate period,” the board said.

It allowed parole the on condition that KC not contact his former wife.

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