An Iraqi national who helped facilitate a failed people-smuggling operation more than 20 years ago which saw hundreds of passengers drown has been sentenced to seven years in jail.
During a Supreme Court trial held in Brisbane, prosecutors alleged Maythem Radhi was involved in a syndicate which planned to bring more than 400 asylum seekers from Indonesia to Australia on a fishing boat in October 2001.
The court heard the overloaded vessel, dubbed Suspected Illegal Entry Vessel X (SIEV-X), sank several hours into its journey.
Only 45 people were rescued, while 353 people died at sea, including more than 140 children.
It was not alleged Radhi was the "kingpin" of the operation, and he was not on trial in relation to the deaths.
Instead, the court heard he acted as a facilitator in the plot to assist convicted smuggler Abu Quassey, by helping organise transport, money collection and accommodation for passengers before the fatal trip.
"His involvement was consistent, sustained and was hands-on," crown prosecutor Chris Shanahan told the court.
The 46-year-old pleaded not guilty to one count of organising the entry of groups of non-citizens into Australia.
His defence lawyer argued his client's actions showed no "express intention" to make the proposed entry to Australia "easier" for people.
"The things that he did, whichever of them you agree upon, made no difference at all," Mark McCarthy told the court.
After hearing five days of evidence from a number of witnesses, including passengers who escaped the sinking boat, a jury convicted Radhi on Wednesday.
'He was aware difficulties in relation to seaworthiness'
During sentencing submissions, Mr Shanahan told the court Radhi's "motivation for the offending was profit".
He said although he was not being sentenced over the "significant loss of life" he did not stop anyone from boarding the boat, despite it being "immediately obvious" it would be overcrowded.
"He was aware of the difficulties in relation to the seaworthiness of the boat," he said.
Mr Shanahan told the court Radhi had "worked hand in hand" with another man, Khaleed Daoed, who was jailed for nine-years for aiding Quassey in 2005, and called for a similar sentence as they "acted together".
Mr McCarthy told the court his client was "still a young man at the time" of the offence, and as his role was considered a "lower point in the hierarchy" and he should be given less jail time than Daoed.
"There is significant distinction to be drawn between the role of Mr Daoed … and the role of Mr Radhi," he said.
Justice Lincoln Crowley sentenced Radhi to seven years in jail and ordered a non-parole period of 1,104 days, which he has already served.
Justice Crowley accepted Radhi had not been the key player in the operation, but his offending was still serious and prolonged.
"You, for financial reward, were involved with a people-smuggling group that sought to exploit desperate people," he said.
"You were involved in each of the stages in the people-smuggling pipeline in Indonesia."
Upon his release, Radhi is likely to be deported to New Zealand, where he had been granted refugee status in 2008.
