judge dismisses people smuggling charges, page-2

Justice Jenny Blokland, another assisting the invasion of our country, overturning convictions and "claims for compensation", ....


NT judge dismisses people smuggling charges
Updated September 22, 2011 19:51:12


The Northern Territory Supreme Court has ruled that people smugglers intercepted more than 19 kilometres off the Australian coast before June last year have not broken the law.

Justice Jenny Blokland has ruled that to commit an offence against the Migration Act, people smugglers must bring asylum seekers without visas into Australia.

She has decided that means bringing them into Australia's territorial sea within 12 nautical miles of the Australian coast.

Justice Blokland has dismissed people smuggling charges against an Indonesian, Ahmad Ahmad, who was caught bringing 49 asylum seekers towards Australia in May last year because he was intercepted beyond Australia's territorial waters.

The ruling could be used as a precedent to challenge other charges and convictions of people smugglers.

But it only has implications for smugglers intercepted before the end of May last year, when the Federal Government changed the law.

The Australian Lawyers Alliance says the decision could lead to similar convictions being overturned.

Lawyers Alliance head Greg Barns says other people convicted of people smuggling could use the case as grounds to appeal.

"This may open the Commonwealth up for claims of false imprisonment, it may certainly open the Commonwealth up to claims for compensation....under these laws," he said.