Bangladeshis’ Trial Dates Set

The trial of the four Bangladeshis implicated in the human trafficking case is scheduled for November 18 – 27, 2019.

Earlier last week, Sekdah Somon, Buxoo Nabilah Bibi, Palas Hosan and Anowar Hossain pleaded not guilty to 71 counts of traffic in person, slavery, money laundering, threats to kill, employing non-citizens and furnishing false information to a Labour officer.

The counts have been further reduced to 14 counts, including all principle and alternative charges.

The development came after Friday’s hearing in Dumbea Supreme Court when the court resumed to manage the case.

Prosecutor Josiah Naigulevu has confirmed he will be calling 30 witnesses. 25 of the witnesses are the purported victims from Bangladesh and five others are the authorities, including officers from the Vanuatu Police Force, Immigration and Department of Labour.

Mr Naigulevu will file a memorandum of agreement within 10 days as from October 27, 2019 with other counsels. This will include the agreed facts, sworn statements, supporting statements, exhibits and other related documents prior to the trial date.

Legal counsel representing Sekdah Somon and Buxoo Nabilah Bibi, Mr Edmond Toka, has informed the court that he intends to bring a barrister from overseas and he will start by filling the required paperwork next week.

Mr Mizdanur Rahman, a new translator has also been sworn in thus his services may be used during the trial in November. He was presented to the court by the prosecution and the legal counsels have no issue with using his services.

Both Mr Hosan and Mr Hossain disagreed that the translator is not a Bangladeshi but were told that his nationality doesn’t matter, what matters is that he speaks the national language.

All defense counsels agreed that the defense in the case is the general denials to the charges and not a specific denial.

The statements obtained from almost all victims mirror each other in material respects, particularly the tempting promises about prospective employment in Australia and Cuba.

The prosecution alleged a substantial fee was charged in order to be eligible for the scheme; and noted the manner in which the victims were transported to India before the flights to Singapore, Nadi and thence Port Vila under escort.

In most cases, Vanuatu was never their expected destination, they carriage of large sums of money on behalf of the applicants. In some cases, the carriage of raw materials for the use in manufacturing in Vanuatu; the manner in which the money and their travel documents were removed when they arrived.

They were then restricted from calling their families, restricted to move around; the hours and type of work given to do; the limited sustenance provided, the regime of threats and abuse and sometimes assaults were perpetrated by the principal offenders and their accomplices.

The evidence of trafficking against each of the accused persons is almost similar in each case. The first two accused are the principal offenders, the other two are secondary offenders.

The prosecution alleged the offences was partly committed abroad and partly committed within Vanuatu.

They alleged the greatest part of the recruitment process was carried out in Bangladesh, the victims were escorted through India, Singapore and Fiji, and in some cases through Myanmar and Micronesia.

Mr Naigulevu said there were other persons who resided abroad, who may have assisted in recruiting the victims.

He said the prosecution evidence suggests that they did so as agents and accomplices of Mr Somon.

Ms Bibi was actively involved in transporting some of them through number of countries on the way to Vanuatu.

The prosecution said Somon promised the victims’ employments in Australia, Cuba, and Micronesia and only in a view distance to Vanuatu.

They were allegedly told they would earn 50,000 Taka (approximately Vt68, 000 plus) each month, working eight hours a day and that food and board would be covered by Mr Price. This never materialized.

It was told that the recruitment in Bangladesh was usually done by Sohag, through the families of Sohag, Anowar, Sajal, Kamrul.

After paying about 1,200,000 Taka before the process begins.

The meeting to arrange Indian tourist visa was usually arranged by some other the agents and all group travelled under an escort who arranged accommodations during transit and meals if any.

Victims were told to take USD400 to USD1,000 from Dhaka to India.

The travel to India was by train and plane to Golgotha. These monies were then collected in India.

It was alleged by the prosecution that the first group that arrived in December 28, 2018, had difficulties on the way but some of the group leaders, including Bibi, were able to resolve the issue after they were taken to the police station.

When they arrived in Vanuatu, Somon told them that if they gave the full amount demanded pay extra, they will be given jobs.

He allegedly threatened to put them outside with no food or to kill them.

Some of them have been allegedly threatened that they would end up in the freezer for asking too many questions on their employment here and jobs in Australia.

Sometimes they are allegedly locked in their living quarters and denied liberty to move around. The prosecution alleged that often they were not allowed to talk to each other.

Any abuse of the rules allegedly resulted in verbal or physical abuse and sometimes they were denied dinner.

They were allegedly instructed not to report negative things about their experiences back to Bangladesh and were encouraged to recruit more people.

They were also allegedly forced to physical labour and for long hours with little breaks and little food. When they complained, they were reported to Somon who would subject them to violence or further abuse and sometimes they were not fed for complaining.

The prosecution evidence portrays the engagement of the alleged victims under conditions that were harsh and oppressive. The conditions were never approved by them.

They were put to work in various places for long hours.

Before their travel to Vanuatu, the victims were allegedly handed substantial cash in India and were told to take the money with them to Vanuatu.

They were warned that there would be serious consequences if the money were not amounted for at the end of the trip.

The money was surrendered to the accused persons during they arrival in Port Vila. It was alleged that these monies, often in foreign currencies, were carried in this way presumably to avoid legal constraints associated with importing foreign currencies.

In Port Vila, Somon put 35 of the victims on labour without a valid work permit.

On September 26, 2018, Nabilah Bibi signed and submitted the applications of 18 work permits employed under Mr Price in which she misrepresented them with their true qualifications and experience, suggesting work experience and qualifications which they did not have.

The Magistrate Court remanded Somon and Bibi in November last year.