Cairns Court Rejects 'Fishing Trip' Alibi of Accused Cape York People Smuggler

An alleged people smuggler has been refused bail in the Cairns Magistrates Court after his claims of being on a recreational fishing trip were dismissed by a magistrate, who noted the man had ten illegal migrants staying in his hotel room and showed no evidence of an interest in fishing.

Hao Wang, a Chinese national residing in Sydney, is facing charges of smuggling Chinese citizens. He was arrested by Australian Federal Police and Border Force officers on the afternoon of June 30 at the Heritage Shopping Centre in Weipa, located on the western side of the Cape York Peninsula. The arrest was initially made on the grounds that Mr Wang himself was an unlawful non-citizen.

A 'Remarkable Coincidence' in Weipa

The court heard that Mr Wang had driven a rental vehicle from Cairns three days prior to his arrest. The journey spans over 800 kilometres and typically takes more than 10 hours. Shortly after his arrival, in the early hours of June 30, a group of visa-less individuals reportedly landed on the shore at the Pennefather River, located approximately 50 kilometres north-west of Weipa. Ten migrants were subsequently discovered in a room at Weipa's Albatross Hotel.

Defence lawyer Aaron Dunkerton argued that the prosecution's case was weak, but Magistrate Michael Dalton strongly rejected this characterisation.

"I have an unlawful non-citizen painter who lives in Sydney, who is in Weipa — a very, very long way from home — and you wouldn't Adam-and-Eve it, but the unlawful non-citizens have been found in his hotel room booked by him," Magistrate Dalton remarked during the hearing, adding, "That's a remarkable coincidence."

Mr Dunkerton responded to the magistrate's comments, stating, "I accept how it appears."

Fishing Alibi and Flight Risk Concerns

The defence's assertion that Mr Wang was visiting the remote region for a fishing trip was also dismissed. Magistrate Dalton observed that navigating the waters off Weipa was "not for novices" and pointed out there was no evidence suggesting Mr Wang had any interest in angling.

"Weipa is not for people who might be beginning dropping a line in the ocean," Magistrate Dalton said.

The prosecution highlighted WhatsApp messages sent to an Indonesian phone number, which was the country the migrants had reportedly departed from by boat. Mr Dunkerton countered that this evidence was merely circumstantial.

"It's entirely unremarkable in my submission that there's a text message to an Indonesian number on the same day. We live in a global world," Mr Dunkerton argued.

Ultimately, Magistrate Dalton denied the bail application, citing concerns that the accused posed a significant flight risk.

"Given that he has connection to the people-smuggling offence, I do hold concerns that he may be able to use those connections to leave this country," the magistrate explained.

Immigration Status and Upcoming Trial

Commonwealth prosecutor Chris Moore told the court that even if bail had been granted, the attorney-general would have quickly intervened to transfer Mr Wang to an immigration detention facility. Mr Moore also confirmed that the immigration minister has been notified of the ongoing case.

"Whether he takes that into account or whether there's some other factors at play in determining what should be done with him," Mr Moore stated.

The charge levelled against Mr Wang carries a maximum penalty of 20 years in prison, alongside a mandatory minimum non-parole period of at least three years. The court was informed that Mr Wang originally arrived in Adelaide in 2012 to study at St George's College, but has been living without a valid visa for at least two years. He also has a three-year-old daughter with his former partner in Sydney.

Mr Wang's case is scheduled to return to the Cairns Magistrates Court on October 1.