The case of SIEV 72 involves the smuggling of 27 Afghan migrants from Indonesia to Australia. The vessel was intercepted on 15 November 2009 northeast of Ashmore Reef. There were four crew members on the vessel. One of the crew members was found to be a juvenile, though the process used to determine his age was discredited by the court. The charges against the minor were dropped and he was sent home. This decision by the court was the first time the wrist x-ray method of age determination was ruled to be unreliable in a people smuggling case, and the decision was later followed by an Australian Human Rights Commission inquiry into the treatment of children suspected of being involved in migrant smuggling.
At the time of writing it was unclear whether any of the crew members had received a material benefit for their respective role on SIEV 72.
Australia
IndonesiaIt was unclear at the time of writing whether any money or property was confiscated from the crew members of SIEV 72.
Magistrates Court of Western Australia
Appearing before a magistrate, RMA pleaded that the court had no jurisdiction to deal with him, him being, at all material times, a child. The magistrate then made preparatory directions for a trial to determine the age of RMA, and committed RMA to trial in the District Court of Western Australia.
District Court of Western Australia
District Court Judge Eaton considered the facts of the case, and then proceeded to assess the evidence of the medical witnesses for the prosecution and the defence. Eaton DCJ held that the evidence of Dr Low, who had conducted the age determination assessment on RMA, was flawed and based upon assumptions that rendered his opinion unreliable. Eaton DCJ further held that he was not persuaded, on the balance of probabilities, that RMA was at all material times of or over the age of 18 years. For this reason the case was remitted to the Children's Court of Western Australia.
Following the decision the CDPP dropped the people smuggling charges against RMA, and he was sent home to Indonesia.
Following the interception of SIEV 72 the smuggled migrants on board were taken to Christmas Island and placed in immigration detention.
RMA came from the Island of Sulawesi in Indonesia. After SIEV 72 was intercepted he was transferred to the Royal Darwin Hospital where his left hand and wrist were x-rayed as part of the so-called Greulich and Pyle test to determine age. RMA was determined to be at least 19 years of age, and he was transferred to a maximum security adult jail near Perth. He had supplied school records and a birth certificate to the AFP, but these were not accepted as evidence.
At the time of writing there was no information as to whether the three other crew members on SIEV 72 were charged for their involvement in this venture.
RMA, an acronym, was a crew member on the vessel later designated SIEV 72. Given his young age it is likely that his role on the vessel was minor.
R v RMA [2011] WADC 198 (11 November 2011)
This entry was copied from The Migrant Smuggling Case Database, launched by the University of Queensland Migrant Smuggling Working Group in August 2013.
The conclusion of the RMA trial came at a time when there was increasing scrutiny over the treatment of underage crew members on people smuggling vessels. Thirty-three prosecutions had been dropped at the time the RMA trial was concluded due to the accused being of an uncertain age. Furthermore, a report was released by the Australian Human Rights Commission the following year, in July 2012, which comprehensively examined the issue. It was concluded that the wrist x-ray analysis test was widely discredited, and that multiple minors had been incorrectly convicted as adults for people smuggling offences. The RMA case was repeatedly mentioned in the report.