Accused people-smuggler freed

3 Sep 2012, 7:26 pm   -   Source: Gareth Boreham, SBS
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An Indonesian fisherman whose plight became a test case for Australia's people smuggling laws has been freed after almost two years in custody.

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People-smuggling charges have been dropped against an Indonesian fisherman detained in Australia for almost two years.

The case is the latest in a string of discontinued people-smuggling cases in Victoria.

Jeky Payara was an 18-year-old sea cucumber fisherman from the Maluku Islands when he was intercepted aboard the SIEV 187 in September 2010, his lawyers said.

He was charged with aggravated people smuggling six months later, for allegedly steering the boat carrying 49 people to Christmas Island. He has been detained ever since.

Commonwealth prosecutors discontinued the charge before Judge Richard Maidment on Monday, ahead of Mr Payara's Victorian County Court trial.

Mr Payara had originally sought to challenge Australia's migration laws by arguing asylum seekers had a lawful right to come to Australia.

His challenge was seen as a test case until federal parliament passed amendments to the Migration Act defining the phrase "no lawful right to come to Australia" as a person who does not hold a visa or does not fall within the visa exceptions.

Earlier this year, Victoria Legal Aid (VLA) took Mr Payara's case back to the Victorian Court of Appeal, successfully arguing that boat crew cannot be convicted where there is no evidence that they knew their destination was Australia.

VLA made an application for the charge against Mr Payara to be dropped on the basis of there being no reasonable prospects of a conviction.

A VLA spokeswoman said charges against another five alleged people smugglers were expected to be dropped this week.

There have already been 22 people-smuggling cases discontinued in Victoria, with another two men acquitted at trial, VLA said.

The organisation said that of 66 prosecutions that have commenced in Victoria, 20 trials involving 36 boat crew were pending.

Last month, Indonesian boat skipper Jefri Siregar was jailed for the mandatory five years after pleading guilty to aggravated people smuggling.

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