Coroner says SIEV 36 fire was deliberate

Criminal charges could be laid against three Afghans accused of deliberately setting
fire to a boat, causing an explosion that killed five fellow asylum seekers in April
last year.
Mohammed Ayubi, 45, Muzafar Sefarali, 45, and Mohammed Zamen, 38, drowned after
being blown off an asylum seeker boat - known as Suspected Illegal Entry Vessel 36 -
when it exploded near Ashmore Reef in the Timor Sea while under the control of the
Australian Navy.
The bodies of Baquer Husani, 50, and Awar Nadar, 26, were never recovered, but they
too were presumed drowned.
Another 40 asylum seekers on board the boat suffered serious burns.
Northern Territory coroner Greg Cavanagh released his findings on Wednesday
following a four-week inquest into the deaths.
Mr Cavanagh said he was of the belief that crimes had been committed, and named the
three men he suspected were involved.
"I find that (Arman Ali) Brahimi, (Ghulam) Mohammadi and (Sabzali) Salam were part
of a plan to cripple the boat, and there may well have been others with similar
plans," he said.
The three men set fire to the boat, and one of the Indonesian crew members sabotaged
its engine, to prevent its "perceived" return to Indonesia, Mr Cavanagh said.
The coroner found the passengers on board SIEV 36 were not clearly informed about
where they would be sent and were issued with an inappropriate warning notice.
It concluded with the words: "You should now consider immediately returning to
Indonesia with your passengers and not enter Australian territory".
The boat was already in Australian waters.
Mr Cavanagh will refer his findings to the NT commissioner of police to examine
whether criminal charges can be laid against the three men.
In October last year, a NT police investigation found the fire had been deliberately
lit, but could not determine who had set it.
NT police were not available for comment on Wednesday.
Opposition Defence spokesman David Johnston called for some of the asylum seekers to
be charged with perjury after Mr Cavanagh revealed many of the men lied while giving
evidence during the inquest.
Several months after the explosion, the three Afghani men, along with the other
surviving asylum seekers, were granted permanent protection visas.
At the time, the federal government was adamant it would deport any of the 42 men if
charges arose out of the coronial inquest.
In federal parliament on Wednesday afternoon, opposition immigration spokesman Scott
Morrison quizzed Attorney-General Robert McClelland about the immigration minister's
statutory power to revoke visas.
Mr McClelland warned that police investigations and potential prosecutions could be
prejudiced by ill-considered statements by politicians.
"After the criminal process takes its course, he will unquestionably examine the use
of his powers under section 501 (of the Migration Act)," Mr McClelland said.
Defence Minister John Faulkner told parliament he would ask his department to review
the findings, to ensure appropriate remedial action was being taken to address the
"deficiencies" highlighted by the coroner.
The coroner, who did not make any recommendations in his 45-page report, identified
problems relating to how Defence personnel boarded, searched, secured and managed
the vessel.
"I am satisfied that ... an incident such as occurred on SIEV 36 is unlikely to
occur again," Mr Cavanagh said.
Following the explosion, the Australian Defence Force (ADF) did an internal review
which made almost 60 recommendations.
Most of the recommendations, according to the coroner, have since been acted upon.
Mr Cavanagh said many more lives would certainly have been lost if not for the brave
efforts of the ADF personnel involved.
He made special mention of Corporal Sharon Jager, Chief Petty Officer Dean Faunt and
Leading Seaman Matthew Keogh.
Cpl Jager, a medical assistant in the Royal Australian Air Force, was blown off the
back of SIEV 36 when it exploded.
She was almost swamped by asylum seekers when her life-jacket failed to inflate.
"Yet, despite this trauma, after her rescue ... she attended to the survivors for
the next 10 hours," Mr Cavanagh said.
The two illiterate Indonesian crew members, Mohamad Tahir and a man who goes only by
the name Beny, are currently serving a minimum of three years in an Australian jail
for people smuggling.