Home | Databases | WorldLII | Search | Feedback Supreme Court of Vanuatu

  Download original PDF

Public Prosecutor v Somon [2021] VUSC 299; Criminal Case 404 of 2019 (2 November 2021)

PUBLIC PROSECUTOR

V

SEKDAH SOMON

BUXOO NABILAH BIBI

ANOWAR HOSSAIN

PALAS HOSAN

Coram: Chief Justice Vincent Lunabek

Counsel: Mr Josaiah Naigulevu and Mr Paul Sarai for the Public Prosecutor;

Mr Brian Livo and Mrs Kylie Bakeo Karu for Anowar Hossain and Palas Hosan;

MrSekdah Somon and Ms Nabilah Bibi stopped their representations by Counsel and were self- represented in the second part of November 2019 during the cross-examination of the prosecution first witness to the end of the trial;

Interpreters: Mr MD Fahim Hossen of Bangladesh nationality (Bangla to English and English to Bangla)

Ms Jennifer Nicholls (English to Bislama and Bislama to English)

Dates of Hearing: 18 November 2019 – 14 September 2020.

Dates of Delivery of Verdicts: 29 October 2021, 1 and 2 November 2021.

Date of verdicts: 2 November 2021.

REASONS FOR VERDICTS

1. Introduction
   

Choice of the language

1. This is the judgment of the Court in this case. The trial took place at Port Vila, Efate, Vanuatu from 18 November 2019 and ended on 14 September 2020. The proceedings were conducted in English.
   
2. The Court was assisted with evidence given in Bangla, Bislama and English by interpreters. An interpreter assisted the Court throughout the trial interpreting from Bangla to English and English to Bangla as the Defendants and most of the prosecution witnesses and the Defendants (save Ms Buxoo Nabilah Bibi) speak only Bangla language. Another interpreter interpreted from Bislama to English and English to Bislama.
   

2. Nature of the Charges
   

3. Sekdah Somon, Buxoo Nabilah Bibi, Anowar Hossain and Palas Hosan were earlier charged with 307 counts relating to offences perpetrated against 102 victims of Bangladesh origin. The accused persons were charged and tried on the basis of allegations set out in 13 counts contained in Information filed by the Public Prosecutor with the Court and amended progressively the last amendment before the trial was made on the 6^th February 2020.
   
4. There are two representatives and two specific counts of Traffic in person contrary to Section 102(b) of Penal Code, two representatives and two specific counts of slavery contrary to Section 102(1) of Penal Code, two representative and specific counts of Money Laundering contrary to Section 11(3)(a) of the Proceeds of Crimes Act, in each case one set of representative and one specific count represent groups of Bangladeshi nationals arriving in Vanuatu in 2017, and the other groups arriving in 2018; four counts of intentional assault contrary to Section 107(b) of Penal Code; two counts of Threats to Kill a person contrary to Section 115 of the Penal Code; one count of Employing non-citizens without work permits contrary to section 6(1) and one count of Furnishing False Information to a Labour Officer contrary to Section 17(1) of the Labour (Work Permit) Act.
   
5. The Third and Fourth Defendants (Anowar Hossain and Palas Hosan) are jointly charged where appropriate, with others in each of those counts, and are treated as being complicit in the commission of those offences based on Section 30 of the Penal Code.
   
6. The Information (as amended) filed on 6 February 2020 was further amended after the trial on 27 September 2020 (relevantly) as follows:- Sekdah Somon, Buxoo Nabilah Bibi, Anowar Hossain and Palas Hosan are jointly charged with the following offences:
   

“COUNT 1

STATEMENT OF OFFENCE

Traffic in person contrary to section 102(b) and 30 Penal Code

PARTICULARS OF OFFENCE

SEKDAR SOMON, BUXOO NABILAH BIBI, PALAS HOSAN and others who reside abroad at Port Vila and abroad between the 28^th January 2017 and 19^th November 2018 engaged in trafficking in the persons of ASLAM HOSSAIN, ALAM N NURE, MD MOSHAHED MIAH, ABDUL JABBAR, MD SHOHEL RANA, AL AMIN, MD SOHEL RANA, JAMAL HOSSEN, ASHRAFUL ISLAM and 38 others, that they arranged or facilitated their entries together with 38 other persons into Vanuatu, and by the use of deception, denial of their freedom of movement, coercion or threat of violence exploited or placed the said ASLAM HOSSAIN, ALAM N NURE, MD MOSHAHED MIAH, ABDUL JABBAR, MD SHOHEL RANA, AL AMIN, MD SOHEL RANA, JAMAL HOSSEN, ASHRAFUL ISLAM and 38 others in servitude.

COUNT 2

STATEMENT OF OFFENCE

Slavery contrary to section 102 (a) and 30 Penal Code

PARTICULARS OF OFFENCE

SEKDAR SOMON, BUXOO NABILAH BIBI, ANOWAR HOSSAIN and PALAS HOSAN at Port Vila between the 20^th April 2017 and 19^th November 2018 engaged in slavery of ASLAM HOSSAIN, ALAM N NURE, MD MOSHAHED MIAH, ABDUL JABBAR, MD SHOHEL RANA, AL AMIN, MD SOHEL RANA, JAMAL HOSSEN, ASHRAFUL ISLAM and 52 others by engaging them in work or service under oppressive terms and conditions, under menace of penalty, and without the freedom to leave at any time.

COUNT 3

STATEMENT OF OFFENCE

Traffic in person contrary to section 102(b) and 30 Penal Code

PARTICULARS OF OFFENCE

SEKDAR SOMON, BUXOO NABILAH BIBI, PALAS HOSAN and others who reside abroad at Port Vila and abroad between the 28^th March 2017 and 19^th November 2018 engaged in trafficking in the persons of MOHAMMED SHAHADAT HOSSAIN, RUHUL AMIN, RASHID HARUN OR, SHABUS, ROBEL MIAH, JAHIRUL HAQUE, MUSTAFIZUR RAHMAN SHAHIN, MD MEHEDI HASAN and 52 others that they arranged or facilitated their entries together with four other persons into Vanuatu, and by the use of deception, denial of their freedom of movement, coercion or threat of violence exploited or placed the said MOHAMMED SHAHADAT HOSSAIN, RUHUL AMIN, RASHID HARUN OR, SHABUS, ROBEL MIAH, JAHIRUL HAQUE, MUSTAFIZUR RAHMAN SHAHIN, MD MEHEDI HASAN and 52 others in servitude.

Alternate count

STATEMENT OF OFFENCE

Traffic in person contrary to section 102(b) and 30 Penal Code

PARTICULARS OF OFFENCE

SEKDAR SOMON, BUXOO NABILAH BIBI, PALAS HOSAN and others who reside abroad at Port Vila and abroad between the 14^thJune 2017 and 19^th November 2018 engaged in trafficking in a person of ASLAM HOSSAIN, that they arranged or facilitated his entry together with four other persons into Vanuatu, and by the use of deception, denial of his freedom of movement, coercion or threat of violence exploited or placed the said ASLAM HOSSAIN in servitude.

COUNT 4

STATEMENT OF OFFENCE

Slavery contrary to section 102 (a) and 30 Penal Code

PARTICULARS OF OFFENCE

SEKDAR SOMON, BUXOO NABILAH BIBI, ANOWAR HOSSAIN and PALAS HOSAN at Port Vila between the 14^th April 2018 and 19^th November 2018 engaged in slavery of MOHAMMED SHAHADAT HOSSAIN, RUHUL AMIN, RASHID HARUN OR, SHABUS, ROBEL MIAH, JAHIRUL HAQUE, MUSTAFIZUR RAHMAN SHAHIN, MD MEHEDI HASAN and 52 others by engaging them in work or service under oppressive terms and conditions, under menace of penalty, and without the freedom to leave at any time.

Alternate count

STATEMENT OF OFFENCE

Slavery contrary to section 102 (a) and 30 Penal Code

PARTICULARS OF OFFENCE

SEKDAR SOMON, BUXOO NABILAH BIBI, ANOWAR HOSSAIN and PALAS HOSAN at Port Vila between the 10^th July 2018 and 19^th November 2018 engaged in slavery of ASLAM HOSSAIN by engaging him in work or service under oppressive terms and conditions, under menace of penalty, and without the freedom to leave at any time.

COUNT 5

STATEMENT OF OFFENCE

Money Laundering contrary to section 11(3) (a) Proceeds of Crime Act

PARTICULARS OF OFFENCE

SEKDAR SOMON, BUXOO NABILAH BIBI and others who reside abroad between the 6^th November 2017 and 28^th December 2017 engaged directly or indirectly in an arrangement that involved property that they knew or ought to have known to be proceeds of crime when they procured ABDUL JABAL, MD SOHEL RANA, JAMAL HOSSEN, ASHRAFUL ISLAM, RUHUL AMIN and 19 others to carry in excess of US$ 29,000 from India to Vanuatu, a total of US$146,000 carried by the 24 persons.

Alternate count

STATEMENT OF OFFENCE

Money Laundering contrary to section 11(3) (a) Proceeds of Crime Act

PARTICULARS OF OFFENCE

SEKDAR SOMON, BUXOO NABILAH BIBI together with others who reside abroad between the 9^th April 2018 and 14^th April 2018 engaged directly or indirectly in an arrangement that involved property that they knew or ought to have known to be proceeds of crime when they procured RUHUL AMIN to carry $US 5000 from India to Vanuatu

COUNT 6

STATEMENT OF OFFENCE

Money Laundering contrary to section 11(3) (a) Proceeds of Crime Act

PARTICULARS OF OFFENCE

SEKDAR SOMON, BUXOO NABILAH BIBI and others who reside abroad between the 9^th April 2018 and 26^th September 2018 engaged directly or indirectly in an arrangement that involved property that they knew or ought to have known to be proceeds of crime when they procured MOHAMMAD SHAHADAT HOSSAIN, SHAHIDUR RAHMAN, RASHID HARUN OR, SHABUS, SHAKIB AHAMED, ROBEL MIAH, JAHIRUL HAQUE, MUSTAFIZUR RAHMAN SHAHIN, MD KAMRUL HASAN MIAH, MD MEHEDI HASAN and 44 others to carry in excess of $US 39,600 from India to Vanuatu, a total of US$244,700 carried by the 53 persons.

Alternate count

STATEMENT OF OFFENCE

Money Laundering contrary to section 11(3) (a) Proceeds of Crime Act

PARTICULARS OF OFFENCE

SEKDAR SOMON, BUXOO NABILAH BIBI and others who reside abroad between the 20^th May 2018 and 23^rd May 2018 engaged directly or indirectly in an arrangement that involved property that they knew or ought to have known to be proceeds of crime when they procured SHABUS to carry $US 5000 from India to Vanuatu

COUNT 7

STATEMENT OF OFFENCE

Intentional assault contrary to section 107(b) Penal Code

PARTICULARS OF OFFENCE

SEKDAR SOMON, PALAS HOSAN, ANOWAR and others on a date in August 2018 at Pango, Port Vila committed intentional assault on JAMAL HOSSIN, AMIR ALI, ASHRAFUL ISLAM and SOHEL RANA causing temporary injuries to the bodies of the aforesaid JAMAL HOSSIN, AMIR ALI, ASHRAFUL ISLAM and SOHEL RANA

COUNT 8

STATEMENT OF OFFENCE

Intentional assault contrary to section 107(b) Penal Code

PARTICULARS OF OFFENCE

SEKDAR SOMON and others on a date in March 2018 at Pango, Port Vila committed intentional assault using a pair of shoes to the head and a wooden stick to the back of JAMAL HOSSIN, causing temporary injuries to the body of the aforesaid JAMAL HOSSIN.

COUNT 9

STATEMENT OF OFFENCE

Intentional assault contrary to section 107(b) Penal Code

PARTICULARS OF OFFENCE

SEKDAR SOMON, PALAS HOSAN and others on a date in August 2018 at Pango, Port Vila committed intentional assault using a pair of shoes to the head, a wooden stick to the back and a chair on the body of AMIR HOSSEN, causing temporary injuries to the body of the aforesaid AMIR HOSSEN

COUNT 10

STATEMENT OF OFFENCE

Threats to kill person contrary to section 115 Penal Code

PARTICULARS OF OFFENCE

SEKDAR SOMON on a date between the 18^th July and 19^th November 2018 at Nappo, Port Vila knowing the content thereof, directly caused ROBEL MIAH to receive oral threats that he will kill him, hang him on a tree, cut his skin and spread salt over it; and only send his dead body to his family once they had paid.

COUNT 11

STATEMENT OF OFFENCE

Threats to kill person contrary to section 115 Penal Code

PARTICULARS OF OFFENCE

SEKDAR SOMON on a date between the 19^th November 2017 and 19^th November 2018 at Port Vila knowing the content thereof, directly caused MD MOSHAHED MIAH to receive oral threats that he, Sekdar Somon will kill him and have his car run over his body.

COUNT 12

STATEMENT OF OFFENCE

Employing non-citizens without work permits contrary to section 6(1) Labour (Work Permit) Act 1986

PARTICULARS OF OFFENCE

SEKDAR SOMON and BUXOO NABILAH BIBI trading as Mr Price at various times between the 25^th June 2017 and 19^th November 2018 at Port Vila, Vanuatu employed the following non-citizen workers HOSSAIN ASLAM, ALAM M NURE, UDDIN MOHI, ISLAM MOHMMED MONIRUL, ISLAM SAIFUL, HOWLADER MD MOFAZZEL HOSSAIN, ATIKUR RAHMAN, MIAH MD KAYSAR, RANA MD SOHEL, MAIMUN MD SHAMIM AL, SHAHAJALAL, AMIN RUHUL, MIAH MAJNU, SELIM MD, HOSSIN JAMAL, HOSSEN JAMAL, ISLAM ASHRAFUL, UDDIN MD NASIR, AHMED SHIHAB, ISLAM MD NAZMUL, ISLAM SHARIFUL, HASAN MD MEHEDI, SYEDI MOHAMMAD, SHIKDER SAIFUL, ISLAM RAFIQUL, AHAMMED MD NASIM, HOWLADER MD SARWAR, RASHID HARUN OR, AHMMED FARID UDDIN, ISLAM MD AMINUL, HOSSAIN ZAKIR,KHAN MD IMRAN, FARUQ OMAR, HAQUE MD FAZLUL, BABLU, EVRAHIM and HANNAN MOHAMMAD ABDUL without valid work permits.

COUNT 13

STATEMENT OF OFFENCE

Furnishing false information to a Labour Officer contrary to section 17(1) Labour (Work Permit) Act 1986

PARTICULARS OF OFFENCE

BUXOO NABILAH BIBI on the 26^th September 2018 at Port Vila, Vanuatu furnished a Labour Officer information relating to the occupation of MOSHAHED MIAH, TUTUL MD HASAN, MUINUL HASAN, JABBAR ABDUL, MASUM MIA, NADIM, NAZRU MD ISLAM, NAZRUL MOHAMMED ISLAM, PARVEZ MASUD, SAJAL JOMADAR, AMIR HOSSEN HOWLADER, ABDUL SAYED, KOWSAR MD, AMIN ALI, RAFIQUE, HASAN MD KAMRUL, MIAH FIROZ, RAHMAN SHAHIDUR and RANA MD RUBEL, which information she knew to be false.”

3. Self–Representations and change of position and evidence given by the Second Accused (Buxoo Nabilal Bibi) in her cross examination by the Public Prosecutor adverse to the Fisrt Accused (Somon Sekdah) and her cross examination by Counsel for the Third and Fourth Defendants (Anowar and Palas) adverse to the First Accused).
   

7. After the beginning of the trial and the prosecution case, the First and Second Defendants (Mr Somon Sekdah and Ms Buxoo Nabilah Bibi) decided and stopped their legal representations by Mr Eric Molbaleh of Counsel. They decided and elected to represent themselves. The Court explained the seriousness of the charges laid against each and both of them in an attempt to reason them for other legal representations at their choice. But they both decided to exercise their constitutional rights to represent themselves. On enquiry from the Court, they proposed that Ms Buxoo Nabilah Bibi will run their case and do all the talking i.e. cross–examination of the prosecution witnesses.
   
8. At all material times, the First and Second Defendants sat on the Bar Table with Counsel for the prosecution and Defence. A self-representation guide was issued and provided to them to assist them in their understanding of the prosecution case and in the conduct of their own case.
   
9. Further, the court directed that at the end of the prosecution case and evidence, and after the court was satisfied that there was a prima facie case made out against each and all the accused persons (under section 164 (1) of Criminal Procedure Code Act) that the defence cases of the Third (D3) and Fourth(D4) Accuded persons (Anowar Hossain and Palas Hosan) will commence first so that the First and Second Accused persons (D1 and D2) could see how to proceed and put forward their own defences.
   
10. It is to be noted that Nabilah was doing all the talking including when she was cross-examined by the Public Prosecutor and she gave evidence adverse to the First Accused (Somon Sekdah) evidence somehow in support of the prosecution case and allegations. It is also of note that Nabilah gave evidence adverse to the First Accused (Somon Sekdah) evidence when she was crossed examined by Mr Brian Livo on behalf of the Third and Fourth Accused (Anowar and Palas). Consequently, the court suspended the case of Nabilah.
    
11. The court re-opened the case of Somon Sekdah to allow Nabilah to cross–examine Somon on his evidence. Equally, the case of Nabilah resumed to allow Somon to cross- examine Nabilah on her evidence under cross examination by the prosecution and cross examination by Counsel of the two(2) other accused. It is of note that Nabilah’s evidence under cross-examination by Somon Sekdah was significantly adverse to the Fisrt Accused (Somon Sekdah). These are reflected in the records of the present trial proceedings.
    
12. We shall consider later on how the court dealt with the situation where one accused gave evidence implicating a co-accused like in the present situation.
    

4. Pleas and Statement of Presumption of Innocence
   

13. Each of the Four (4) Accused persons entered not guilty pleas in respect to any or all of the alleged offences each was charged with. The pleas were noted and the trial proceeded on these counts.
    
14. The statement of presumption of innocence was read out and explained to each accused person. The Court was satisfied that each accused person understood her (or his) rights under Section 81 of the Criminal Procedure Code (CPC) Act [Cap. 136].
    

5. Standard of Proof and Essential Elements of the offences to be proved by the Prosecution
   
   1. Standard of Proof
      

15. This is a criminal trial and as in every criminal trial, it is for the prosecution who brings the charges to prove them.
    
16. There is no burden on the defence whatsoever. The prosecution must prove all the essential elements of each offence charged against each accused person beyond a reasonable doubt.
    
    2. Essential Elements of the offences charged
       
17. Now turning to the principal charges, it is important to understand what they are and what they mean.
    
18. These offences are set out as follows in respective legislations.
    
    1. Slavery – Penal Code

S.102 no person shall –

(a) Take or keep another in slavery; or

Penalty: Imprisonment for 20 years.

2. Trafficking in person – Penal Code

s. 102 no person shall –

(a) ...

(b) engage in traffic in persons

Penalty: Imprisonment for 20 years.

19. The section 102 offences are both international offences as defined by section 5 of the Penal Code.
    
20. The expressions “traffic in person” and “slavery” are not defined in the Penal Code Act. It is noted that as international offences and in order to provide further particulars to the charge in compliance with the requirements of the Criminal Procedure Code, the prosecution relies on the two key UN Conventions that have been ratified by Parliament; the UN Convention Against Transnational Organized Crime (12/12/05), and the UN Convention Against Torture and other Cruel Inhuman or Degrading Treatment or Punishment (28/4/11) and their protocols.
    
21. Article 3(a) of the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Person defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring, or receipt of persons by means of threat or use of force or other forms of coercion, or abduction, of fraud or deception, of abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation. Exploitation shall include at the minim, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
    
22. By the definition of the offence of Trafficking in Persons under Article 3(a) of the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, there are clearly three key elements that are distinct and may be viewed as (i) an “act” element:- “recruiting, transporting, transferring, harbouring or receiving person)”; (ii) a “means” element:- “threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of abuse of power or of position of vulnerability or of giving or receiving of payments or benefits to achieve the consent of a person having control over another person”; and (iii) a “mental” element:- the purpose of exploitation, that must be present for a situation of trafficking in person (adults) to exist. The first two elements impose particular actus reus requirements, whereas the third element imposes a means rea requirement.
    
23. I now examine these three elements so as to ensure that I understand what they are and what they mean before I can be satisfied of the conviction or not of any or all of the accused persons under section 102(b) of the Penal Code. [In doing so, I am greatly assisted by a Report on the elements of Trafficking in persons of the Legal System Monitoring Sections, part of the Department of Human Rights, Decentralization and Communities of the Organization and Communities of the Organization for security and co-operation in Europe – Legal Analysis of Trafficking in Persons cases in Kosovo – October 2007 – which derived directly from Article 3(a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons (2000)].
    
    1. The “acts” element
       

The first actus reus element, the “acts” element, can be satisfied through one of the following five act: (i) recruitment; (ii) transportation; (iii) transfer; (iv) receipt; or (v) harbouring of a person.

(i) “Recruitment” means to hire somebody; it does not require that the recruiter has the intention to pay this person. The recruitment can happen abroad as well as in the victim’s hometown or village;

(ii) “Transportation” means physically moving a person from one location to another (a county to another country). But this does not necessarily mean crossing a border/boundary: a person can be also trafficking within Vanuatu (this, s.102 (b) of the Penal Code).

(iii) “Transfer” means the act of giving control over a person to another person, who then is “receiving” the trafficking victim (see below). While payment of money may be evidence that trafficking has taken place, it is not a requisite element of the crime of trafficking.

(iv) “Receipt” is taking control over a victim of trafficking.

(v) “Harbouring” means providing a room or other location for a person, but without receiving him/her as a victim (otherwise, there would be a “receipt”).

2. The “means” element
   

The second actus reus element of the crime of trafficking is the so called “means” element. This requirement applies only if the victim of trafficking is an adult. Article 3(a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons requires that the perpetrator carry out the “acts” (recruitment, transportation, transfer, harbouring or receipt of persons) in relation to the victim “by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of giving control over another person”. Therefore, the mere transfer, receipt, harbouring, recruitment or transportation of a person does not itself entail the crime of trafficking.

3. The “mental” element
   

The last component of the offence of trafficking in persons is a mental requirement, i.e. the intended exploitation of the victim. Article 3(a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, expressly has foreseen that, exploitation includes, but is not limited to: the exploitation of the prostitution of others, or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

The “purpose of exploitation” is a dolus specialis mental element. Dolus specialis can be defined as the purpose aimed at by the perpetrator when committing the material acts of the offence. It is the purpose that matters, not the the practical result attained by the perpetrator. Thus, the fulfillment of the Dolus specialis element does not require that the aim be actually achieved. This means that a single act of transfer can entail the responsibility of both the seller and the receiver. Similarly, both the person who transports and the person who receives are responsible for trafficking: in other words, the “acts” and “means” of the perpetrator must aim to exploit the victim. It is not therefore necessary that the perpetrator actually exploits the victim.

Thus, if the “acts” and the “means” carried out by the perpetrator (i.e. transferring by means of force, receiving by means of deception, ect.) are committed with a purpose other than that of exploiting the victim (i.e. for the purpose of obtaining money from the victim), the offence of trafficking has not been committed. However, even if the mental element of the crime of trafficking is not met, the defendant may still be prosecuted for other crimes (e.g. facilitating prostitution, or smuggling of migrants or fraud (i.e. money laundering)).

24. In the present case, the elements of arranging or facilitating entry into Vanuatu, and the use of deception, denial of freedom of movement, coercion or threat of violence, exploitation and servitude, are alleged to be the basis of trafficking in persons offences as charged against the Accused persons.
    
25. “Slavery” is defined by the 1926 Convention to Suppress the Slave Trade as “the status and condition of a person over whom any or all of the powers attaching to the right of ownership are exercised”. The definition of slavery was expanded by the 1956 Supplementary Convention of the Abolition of Slavery, the Slave Trade and Institutions and Practices similar to slavery to apply to serfdom, servile forms of marriage and exploitation of children.
    
26. In this case, the elements of control encapsulated in the notion of oppressive terms and conditions of employment, threat of penalty and curtailment of freedom of movement, are said to be the basis of the charges laid against the Accused persons.
    
27. It is noted that Vanuatu is not a signatory or party to neither the 1926 UN Convention to Suppress the Slave Trade and Slavery nor the 1956 Supplementary Convention to the Abolition of Slavery, the Slave Trade and Institutions and Practices similar to Slavery.
    
28. However, it has to be understood that in the absence of a definition in the Vanuatu Penal Code, the Court must have regard to the principles and the philosophy of the 1926 UN Convention to suppress the Slave Trade and Slavery and its Supplementary Convention of 1956.
    
29. In addition, Vanuatu has ratified the United Nations Convention against Transnational Organized Crimes and the protocols thereto, and the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (28/12/05) and their protocols, so, the court can use the Convention and related Protocols as a tool to guide and aid the court [see Wagner v Radke, Supreme Court of Samoa (misc.) 20701]; or where courts have to decide what public policy demands, regards will be had to international obligations as a source of guidance [see Tuvita v Minister of Immigration [1994] 2 NZLR 257]; and or where courts have a discretion, they seek to act in a way, which does not violate the Convention [see Yin v Director of Immigration [1995] 2 LRC 1] and also, Molu v Molu [1998] No. 2 VUSC 15.
    
30. I refer also to following articles:- Application of Human Rights Conventions in the Pacific Islands Courts by Laitia Tamata, Research Assistant, Institute of Justice and Applied Legal Studies; a Draft Report on the Implimentation of International Human rights Treaties in Domestic Law and the Role of the Courts by European Commission for Democracy through Law (Venice Commission), Study No. 690/2012); see further, Alain, “A legal considerations of ‘slavery’ in Light of the Travaux Preparatoires of the 1926 Convention”, paper delivered at the conference, Twenty First Century Slavery: Issues and Responses, 23 November 2006; and also, Alain, “The Definition of ‘Slavery’ in General International Criminal Law and the Crime of Enslavement within the Rome Statute”, paper delivered at the International Criminal Court, Guest Lecture Series of the Office of the Prosecutor, 26 April 2007; further, Alain, The Slavery Conventions: The Travaux Preparatoires of the 1926 League of Nations Convention and the 1956 United Nations Conventions, (2008).
    
31. I finally refer and rely on the recent Judgment of Cull J in the High Court of New Zealand in the case of The Queen v Joseph Auga Matamata (CA458/2020), I have provided a copy to the Public Prosecutor and Counsel for the 3^rd and 4^th Defendants and the First and second Defendants (Somon Sekdah and Nabilah Bibi) to assist them in their final submissions in the trial as I was made aware of the said judgment.
    
32. It is a relevant judgment for the offence of slavery under s.102 (a) as it provides a definition of slavery based on the elements of control which encapsulated in the notion of oppressive terms and conditions of employment, threat of penalty and curtailment of freedom of movement as envisaged by 1926 Convention to Suppress the Slave Trade as “the status and conditions of a person over whom any or all of the power attaching to the right of ownership are exercised.”(Emphazised).
    
33. I will refer also to the New Zealand Court of Appeal judgment upholding the Judgment of Cull J in Joseph Auga Matamata (CA472/2020) [2021] NZCA 372 as it was issued after the submissions by the parties in the trial. I will also refer to the case of The Queen v Tang [2008] HCA 39 (28 August 2008).
    
34. Money laudering – Proceeds of Crime Act
    

11. Money – laundering

(3) A person engages in money – laundering only if the person:

(a) Acquires, possesses or uses property that the person knows or ought reasonably to know to proceeds of crime;

35. The elements are:
    1. Engages directly or indirectly in an arrangement;
    2. That involves property;
    3. That the person ought reasonably to know;
    4. To be the proceeds of crime.
       
36. Intentional assault – Penal Code
    

107. No person shall commit intentional assault on the body of another person.

Penalty:

(a) ...
(b) If damage of a temporary nature is caused, imprisonment for 1 year;
(c) ...
(d) ...

37. The elements are:
    1. Commit intentional assault
    2. On the body of another person
    3. Causes damage of a temporary nature
       
38. Threats to kill– Penal Code
    

115. No person , knowing wing the contents thereof, directly or indirectly, cause any person to receive any oral or written threats to kill any person.

Penalty: Imprisonment years.

39. The elements:
    1. Knowing the content
    2. Directly or indirectly causes another to receive
    3. Oral threats to kill
       
40. Employing non-citizens without work permits- Labour (Work Permit) Act
    

6. Offences




(1) It shall be an offence for any employer to employ any non-citizen worker in respect of whom a work permit has not been issued or whose work permit has been issued in respect of employment by another employer.

(2) ....

(3) ....



41. The elements are:
    1. Any employer
    2. Employs a non- citizen worker
    3. Without a work permit
       
42. Furnishing false information to labour officer- Labour (Work Permit) Act
    

17(1) Any person who shall furnish any information which he knows to be false or does not believe to be true, or shall produce any book or document which he knows to be incorrect, to the Commissioner of Labour or a labour officer acting in the exercise of his powers or functions under this Act shall be guilty of an offence against this Act.



43. The elements are:
    1. Furnish any information to a Labour Officer
    2. Which he knows to be false or does not believe to be true
       
6. Prosecution Case
   
44. The Prosecution case is that human trafficking and slavery are as old as other forms of human exploitation. It dates back to the early civilisation like Mesopotamia in 3500 BC. They have evolved over the many years. The current versions are no less evil, but more organised and drive what has become the fastest growing transnational organised criminal activity in the world.
    
45. The instant case is an example of this vile and malignant activity. Not by physical force, but by the use of fraud and deception, the defendants and their agents took unsuspecting ordinary Bangladeshi men from their families in Bangladesh with the promise of well remunerated employment and businesses. That is the case of the prosecution. The four accused and their agents in Bangladesh lured and arranged the travel of about 107 Bangladeshi men to Vanuatu with promises that were never kept, and by means of deception and denial of freedom of movement, coercion and threat of violence and sometimes physical assault, placed in them in servitude in Vanuatu. In many cases, Vanuatu was not the promised destination. The work that many were given were not those that they were promised in Bangladesh by the accuseds’ agents. Many were ill suited to the kind of work. They were employed under conditions that were oppressive. They worked long hours with little breaks, often under threat of punishment. Some attended work although they were ill or injured. All did not receive the remuneration promised. They were never paid overtime. Strangely, taxes were deducted from their salaries in a country that did not impose income tax. Deductions of pay were also made in some cases for conduct quite removed from work performance. It included errors during English classes. Those who supervised also faced the threat of losing money if they failed to enforce these monetary deductions.
    
46. For some who paid to set up business never got the start they wanted although they paid additional money of substantial amounts to Somon. They were never remunerated during their stay in Vanuatu. They were not given business licences. The evidence suggests that this was a way in which the accused persons made extra money. The victims were often encouraged to engage and entice others in Bangladesh to come to Vanuatu; the more people recruited, the more money they made. Indeed, it is possible to suggest from the evidence about the kind and quality of businesses established in Vanuatu, that the businesses were shams only, and that the intention was to make a lot of money from the recruitment charges.
    
47. On this note, the accused persons set up several companies. The principle one though was Mr Price, the name many became aware when recruited in Bangladesh. The name Mr Price and corporate signage we now know is an international brand that belongs to the South African company Mr Price. According to the owners, Somon and Nabilah, who are registered proprietors of the company in Vanuatu, did not have lawful authority to use their name and brand.
    
48. The living conditions were often appalling. The victims who numbered more than a hundred were housed in cramped quarters at Tassiriki, Pango, Nafo and Town House, sharing limited toilet facilities. The food was inadequate and of an inferior quality. Combined with the long working hours, these took a toll on their bodies and mind. Complaints against food were not welcome, and often attracted sanctions.
    
49. Verbal abuse, threats of violence and physical assaults was a feature of the control exercised over the victims. Some suffered temporary injuries, but from the evidence, almost all the victims suffered mental trauma of some kind during the period of servitude. An expert will be called during the trial to give expert evidence. When injured or sick, they were rarely attended to. There was no medical cover and the victims were often forced to endure it.
    
50. Control was also enforced through the strict limitations against leaving the residences without permission, against talking to or engaging with the local communities, against making adverse statements against the company, living conditions and the food, particularly to their families in Bangladesh. Restrictions were placed on how they interacted and the use of phones. Any breach was sanctioned immediately, often by Somon. Reporting on by others against the breaches was expected. Somon often used other victims to implement the sanctions, including assaults. This culture made for a very untrusting environment that worked to the benefit of the accused persons. Perhaps the most compelling way in which control was exercised was the removal of passports and tickets from all the victims as soon as they arrived in Vanuatu. These were not returned to the owners until the police began investigating.
    
51. The prosecution filed a written summary of evidence on 26 July 2019. The Prosecution evidence will show that there were a total of 10 groups that travelled at different times from Bangladesh to Vanuatu. The 24 victims repeat these groups. Many have returned to Bangladesh. 25 individuals who represented these different groups remained.
    

Offence of Trafficking in Person



52. The prosecution evidence suggest that the Bangladesh victims’ testimonies are similar to each other in material ways as to:
    
    • - How promises were made to them about employment in Australia, Cuba and other countries;
      
    • - How huge charges were paid in order to be part of the scheme;
      
    • - The way they were transported to India, Singapore, Fiji and Vanuatu under escort or supervision;
      
    • - In most cases, Vanuatu is not the final destination;
      
    • - The way they carried large amount of money on behalf of the accused persons including row materials for use in Vanuatu;
      
    • - The way the money, ticket and passports were removed from them when they arrived in Vanuatu;
      
    • - The way restrictions were placed on communication in Vanuatu with their families in Bangladesh;
      
    • - Limited food given to them;
      
    • - Threats and abuse given to the victims by the accused persons;
      
    • - The way the testimony of 25 victims represented the experience of others who have left the country and their statements were disclosed at the Preliminary Inquiry (PI);
      
    • - The way the evidence will show that the first and second accused persons were the main accused persons. The two (2) others were secondary offenders and so are all jointly charged;
      
    • - The way part of the offences of Trafficking in persons happened in Bangladesh and part happened in Vanuatu (the greater part happened in Bangladesh) before the victims were taken through India, Singapore, Fiji and Vanuatu. Some were taken through Myanmar or Micronesia;
      
    • - The way other people who live outside Vanuatu and in most cases (in Bangladesh) who helped in the recruitment of the victims. The prosecution evidence suggested they are representatives of the first accused person as their agents. The agents have not been charged because they live outside Vanuatu;
      
    • - The way that the evidence will show that the second accused person (Buxoo Nabilah Bibi) was actively involved while transported the victims on their way to Vanuatu.
      
53. On the offences of slavery the evidence by each of the victims is similarly generic. The evidence will show that the engagement with Mr Price were under harsh and oppressive conditions.
    

Offence of Slavery



54. Evidence will show that the harsh and inhuman conditions imposed were not expected or agreed to by the victims and these conditions were very different from the job they were promised in the first place. The victims were put to work in different places for lengthy hours without food. At Mr Price location near Tana Russet, the victims were not given enough food, some are working 7 days for long hours, in some situations, food were withheld as punishment. Most of the witnesses were not fully paid according to promises made by agencies and the first accused person (Somon Sekdah).
    

Offence of Money Laundering



55. On money laundering, evidence from a number of witnesses will testify about how in the Hotel in India, they were given large amount of money in cash in foreign currencies (US Dollars) by the escortors to carry with them to Vanuatu.
    
56. The victims were warned there will be serious consequences if they do not bring the money to Vanuatu. The moneys were surrendered to accused persons or nominees when the victims arrived in Vanuatu. Parts of the evidence are contained in the written summary of the prosecution evidence.
    

Offences of Intentional Assaults and Threats to kill a person



57. On offences of intentional assault and threats to kill a person – the Public Prosecutor made general remarks to the following effect – the first accused person, Somon Sekdah, according to evidence of witnesses regularly threatened violence and carried it out, committed violence or force others to do it for him. Sometimes he would bring the victims to different houses so that others can witness what happened –
    
    • - Aiming at making people afraid;
    • - Giving him greater control over the victims.
      
58. The suggested specific evidence on intentional assault and threats to kill are contained in the prosecution summary of evidence.
    

Offences of Employing non-citizens and Giving false Information to a Labour Officer



59. Evidence of offences of employing non-citizens and giving false information to a Labour Officer and breaches of law and behaviours of accused persons against the laws of Vanuatu are contained in the written summary of prosecution evidence.
    
7. Defence Cases
   
   1. Case of First Defendant – Somon Sekdah (D1)
      
60. It has been Sekdah Somon’s case that:
    
    • (a) Sekdah had not made any recruitments nor received any sum of money from anyone as alleged by the prosecution in count 1 and 3;
      
    • (b) Sekdah had not engaged any of the complainants in any work or service under oppressive terms and conditions, under menace of penalty, and without the freedom to leave at any time as alleged in count 2 and 4;
      
    • (c) Sekdah had not engaged directly or indirectly in an arrangement that involved property that he knew to be proceeds of crime as alleged in counts 5 and 6;
      
    • (d) Sekdah has not assaulted anyone as alleged by the prosecution in counts 7, 8 and 9;
      
    • (e) Sekdah had not given any verbal threats as alleged by the prosecution in counts 10 and 11;
      
    • (f) Sekdah had not engaged in employing non-citizens as alleged in count 12 by the Prosecution.
      
      2. Case of Second Defendant – Buxoo Nabilah Bibi (D2)
         
61. It has been the case of the Second Defendant that:
    
    • (a) The second defendant has not made any recruitment or received any sum of money from anyone supposed by the prosecution in counts 1 and 3;
      
    • (b) The second defendant has not engaged any of the complainants in any work or service under cruel terms and conditions, under threat of penalty, and without the freedom to leave at any time as supposed in counts 2 and 4;
      
    • (c) The second defendant has not engaged in handing over substantial amounts of cash in foreign currencies to the complainants. Furthermore, the second defendant has not engaged in collecting the money in Vanuatu as supposed in counts 5 and 6;
      
    • (d) The second defendant had not engaged in employing non-citizens without a work permit as supposed in count 12;
      
    • (e) The second defendant had not engaged in providing false information to a labour officer as supposed in count 13;
      
      100. Case of Third and Fourth Defendants – Anowar Hossain (D3) and Palas Hosan (D4)
           
62. It has been the defence cases of the Third and Fourth defendants and submissions that:
    
    • (a) The fourth defendant had not made any recruitment nor received any sum of money from anyone alleged by the prosecution in counts 1 and 3;
      
    • (b) The third and fourth defendants had not engaged any of the complainants in count 2 and 4 in any work or service under oppressive terms and conditions, under menace of penalty, and without the freedom to leave at any time as alleged in counts 2 and 4;
      
    • (c) The third and fourth defendants had not assaulted anyone as alleged by the prosecution in counts 7 and 9.
      

Note on Records of evidence of the trial



63. I note and I am aware of the lenth of this trial. The detailed notes of evidence are taken by me as the trier of facts in this case and they are kept in the court files of records of the trial. Because of the international dimensions of this type of case, the nature and commissions of these alleged offences occurring in different countries, self representations by the two (2) main accused and in the absence of any other forms of court official transcripts, I decide to write down the detailed evidence of the trial as part of this judgment (instead of a summarized version) for completeness purposes.
    
8. Evidence
   
   1. Prosecution evidence
      
64. The prosecution called 23 prosecution witnesses (PW) in total. Seventeen (17) of them are from Bangladesh-victims (complainants). The balance of prosecution witnesses was made up of police officers and government officials.
    
65. PW1 is Aslam Hossain. He is 38 years of age. He lived in Bangladesh before he came to Vanuatu. He lived with his mother, brother and wife, had a child of 2 years and 8 months. He is from the area of Shokipur, Tangail – Bangladesh. He had a garment shop (child and adult clothing) before he came to Vanuatu.
    
66. He saw two persons – Shohag and Taibur when he knew about a job overseas.
    
67. He and Shohag worked at the same building. Shohag told him he is going to America and if he wanted, then, one of his relatives who lives in America will take him with him in America. The name of his relative is Taibur.
    
68. Then, he met with Taibur. Taibur told him one of his uncles live in America and he is, so powerful. He met Taibur at Taibur’s house. Taibur told him his uncle who lived in America is so powerful that he can send him to any country without a visa. Taibur told him that his uncle also lived in America, has different businesses in South Africa, Australia, Cuba and Micronesia.
    
69. Taibur told him that the name of his uncle is Somon Sekdah. Shohag took him to Taibur’s house. He knew Taibur’s wife and identified Taibur’s wife who was present in court.
    
70. Shohag did not discuss about a job at the time he took him to Taibur’s house. But Shohag discussed about a job with him after Shohag arrived back in Vanuatu. Shohag called him many times. The first time Shohag called was when he said he was in Micronesia.
    
71. When Shohag was in Bangladesh, he did not tell him that he was in Vanuatu. When Shohag called him from Micronesia, Shohag told him that if he wanted to come to Micronesia, and if he decided to go there as there are lots of opportunities of job, they will pay overtime. The salary is 50,000BDT (Taka) per month. He told him of the accommodation and that it was to be provided by the company. Taibur did not mention the name of the company to him. Shohag told Taibur to discuss with his family and will let him know.
    
72. He then talked to Somon Sekdah. Shohag had organized this communication with Somon Sekdah. He pointed to the first accused person (Somon Sekdah) in Court. He did not know Somon Sekdah before he talked to Somon on the phone.
    
73. Somon Sekdah told him he is also from Bangladesh. He said Somon Sekdah told him he and Taibur can come. He did not get worry and everything will be alright.
    
74. He said this was in references to what Shohad told him about salary, accommodation everything is alright. This is what Somon Sekdah confirmed when Somon Sekdah told him not to get worry. Somon Sekdah told him that he called from Micronesia. Somon told him that the company will pay him his salary and provided him with accommodation.
    
75. The company is Mr Price and it is Somon Sekdah’s company. He talked to Shohag and agreed with Shohag’s proposal.
    
76. Shohag told him to take the money to pay. It was of 12 Lak (Bangladesh currency) 100,000 Taka is equal to 1 Lak. So 12 Lak is 12,000 Taka. He told Shohag that if the charge is 12 Lak, he did not want to go as it was too much. Shohag told him to pay first 10 Lak and the 2 other Lak will be deducted from his salary. Shohag was referring to the events that he (PW1) will arrived here the company will give him salary of 50,000 Taka and cut 2 Lak from his salary.
    
77. He asked to pay 2 Lak. Shohag said no he must pay 10 Lak. Shohag told him to pay 2 Lak for his passport to Taibur’s brother-in-law, Mustafa. He paid money to Mustafa with the passport. His mother and brother went with him when he paid that money to Mustafa.
    
78. Shohag called him and asked he told him he paid 2 Lak to Mustafa and 2 Lak for passport, making 4 Lak. He said he paid the money at x2IM Bank. Shohag gave the details of the accounts to Shohag told him to pay the money to uncle’s name is Somon Sekdah. He said he took the picture of the Bank account receipt and sent it to Somon Sekdah through IMO by his phone. Shohag gave the detailed phone number of Somon Sekdah to him.
    
79. Shohag arranged that he pay 6 Lak and the balance of 4 Lak be paid when he arrived at Micronesia. Shohag told him to wait for his flight. He waited for 25 days. Shohag told him that he needed to get ready on 14 June 2017.
    
80. On 14 June 2017, Shohag told him that he will go with Taibur. Taibur will receive him at Dhaka. Shohag told him he needed to bring 1 Lak with him. He will convert Taka into US Dollars and when he will travel he will need to carry that money with him. On 14 June 2017 in the morning, Taibur met him at a currency shop. They exchanged the money into foreign currency (US Dollards) and they had breakfast. Then they went to Dhaka Airport. Taibur gave him his ticket, visa and passport. Taibur arranged for them. They flied to Myanmar. Taibur took the US Dollars they exchanged, in Mayanmar; they got a taxi to Hotel Beauty Land Hotel.
    
81. At Beauty Land Hotel, he saw Buxoo Nabilah Bibi, Mito, Tasfea were there. He identified Nabilah Bibi in ocurt by pointing to the lady accused person. Nabilah Bib is Somon Sekdah’s wife. Mito is Taibur’s wife. Tasfa is Taibur’s daughter. Mito is the mother of Tasfa. Nabila Bibi said hello to him.
    
82. When he arrived at Myanmar with Taibur, Taibur took from him his passport, ticket and visa. They spent 8 or 9 days in Myanmar. He said he used Taibur’s phone and spoke with Somon Sekdah and Taibur told him that it was Somon Sekdah. Somon Sekdah pressured him to pay the money. He responded he will pay Somon Sekdah when he arrived there. Somon responded to him did he need to show the gun for him (PW1) to pay the money?
    
83. Somon Sekdah was angry when he said those words. PW1 said he got scared and called his family about the money. PW1 called back Somon Sekdah and told him that he was going to give him the money.
    
84. From Myanmar, he travelled to Singapore with Nabilah Bibi, Mito, Tasfea, Nulaham and Mainul. Nulaham is the person travelling with him to work. Nulaham is also known as Nure Alam.
    
85. Taibur was staying at Myanmar. At Singapore, Nabilah, Mito and Tasfea left them at the airport and went to the hotel. He was staying there at the airport for about 20 hours.
    
86. They spent all night at the airport. Some slept on the floor, others on the chair (the three of them Mainul and Alam Nure). Nabilah gave him some money to buy some food. From Singapore, they went to Fiji. They arrived in the night. The three of them spent the night at the airport while Nabilah, Mito and Tasfea went to the hotel.
    
87. From Fiji, he was informed he was going to Vanuatu. He said he was expected to go to Micronesia. He showed the screen showing the flight is going to Vanuatu.
    
88. They arrived in Vanuatu with Nabilah, Mito and Tasfea. After immigration he saw Shohag was waiting for him. He saw Somon Sekdah was there. Somon Sekdah took their passports, and tickets. They went to Tassiriki House. He was shown a set of photographs and he identified Taibur (on Photo 3B wearing yellow T-shirt (Exhibit P4) and on photograph 4A was Mito, Taibur’s wife and on photo 3C, the child Tasfea. He identified Shohag as photo E1 and also indetified Somon Sekdah and Nabilah in Court. He had further identified Palas in Court and the Tassiriki House.
    
89. Somon Sekdah told them they were going to have a meeting. He was at the meeting with Shohag, Palas, Musharag, Moinul, and Nulaham. In that meeting, Somon asked how much money he paid. He responded 10 Lak. Somon Sekdah said alright. Somon Sekdah asked him what salary he said. He told Somon Sekdah, 50,000 Taka. Somon Sekdah agreed and showed him card bearing Georgia – Somon told him he had business there too.
    
90. Somon Sekdah showed him some coins. PW1 told Somon Sekdah he had deposited already the money. Somon Sekdah said he received the money. Somon Sekdah told him that he needed to wait for work permit. So he can’t work. Somon told him he had to wait for 2 weeks. In those 2 months Somon took him and showed him Tana Plaza and told him that Tana Plaza is his. He cannot start it yet. Somon Sekdah asked if he could bring in some more people from Bangladesh. This was one week after he arrived. Somon Sekdah also showed him some damaged hotel and said they needed to be repaired. So some more people were needed. He showed him also 4 other properties people were working on them. Somon Sekdah told him he had Tana Plaza and damaged hotels he is going to start business there. PW1 said the 2 months I cookded food, Somon Sekdah did not pay him. He did not ask Somon why he did not pay him as if he would ask him Somon would get angry. After the 2 months (5 August 2017) he started working at Pango.
    
91. PW1 said he cut the grass, put stones and sand beach, repaired the house and did painting. He never did these works before. When he was recruited he was told he would work in the shop. He started work at 7:00am and there is no limit. He finished at 7:00, 8:00 or 9:00pm. He worked every day of the week. Somon did not show him any work permit he had arranged for him. He also worked at Narpow (football academy). He did furniture like design. He never did these works before. He was working for 5 to 6 months started at 7am and finished at 7, 8, 9 or 10:00pm o’clock.
    
92. PW1 said he was taken to another place opposite Tana Plaza – the empty place. There, he did construction. He mixed cement, stones and took them to seaside. He did clearing. He did not like this work opposite Tana Plaza because it was heavy work. There also he started at 7:00am and finished at 7, 8 or 9:00pm. When he works, he had no breaks. He was given 20 minutes to have his lunch and started working again. Most of the people working there at Tana Plaza but couple of times they did not. At Tana Plaza there were 30 – 35 workers worked with him. Sometime more than that sometime less. Sometime some people did not have their lunch. Sometime, food was not enough. When there are 35 people, 32 people have food but some do not have food. After a day work when he got home he felt so bad.
    
93. PW1 said where he worked there Somon Sekdah did not pay the 5 months he worked there.
    
94. He said the worked for a total period of 17 months, Somon Sekdah paid on 5 months salary as Somon Sekdah sent the money to my family. He testified he paid for his arrangements 10 Lak and the balance was 2 Lak. Somon Sekdah deducted this from his salaries. He said his salary was 50,000 Taka a month. He said Somon further deducted 185,000 Taka for his permit. He was told he needed to pay some money to the government and so they deducted that to his salary.
    
95. He was able to talk to his family. He was not allowed to go outside and talked to local people (outside means in the town or on the road). The quality of the food was not good. Sometime he had bread at the breakfast, sometime nothing. Lunch was made up of one pieced beef, soup and rice. Food was cooked without onions and garlic. He had same food he had at lunch time at dinner.
    
96. He was not able to share these things with his family at Bangladesh. He was scared Somon Sekdah got angry if he heard he shared anything news with his family. He said that because he saw Somon did that to others when they shared their living conditions with their families in Bangladesh, Somon got angry. He said when Somon Sekdah got angry, he did bad behavior. He explained not to pay their salaries – food. Somon kept him out of the house.
    
97. Somon said he bought the Vanuatu Police. He could do any business – no problem with immigration. The ministers listened to him. Somon said local people are not smart so he could pay then 2 Taka.
    
98. On 20 November 2018, Somon Sekdah gave them their passports, told them that the police are coming and if police are coming they will tell the police that Somon Sekdah is not Mr Price and that they should say that they work for a company shop Alpha. At that time PW1 said Mr Price employed him. PW1 asked Somon about his work permit. Somon told him he did not need any work permit and if police asked they would tell the police they worked for Mr Price.
    
99. PW1 was first accommodated at Tassiriki. He stayed there 5 – 6 months. He moved next to Narpow and again to Tassiriki.
    
100. The second time at Tassiriki, 7 people shared the same room with him. He described the size of the room as too small, for 3 people room is enough but not for 7 people. He slept on the floor and used a matress. There was also double bank bed. There are 4 rooms at Tassiriki House and the second time he went back there; there were 30 – 35 people. There are 2 toilets.
     
101. He was shown Exhibit P4 – he described where he worked and to compare with Tana Plaza. He said the place was bush and empty.
     
102. PW1 was cross-examined by Mr Eric Molbaleh. He confirmed in substance his evidence in chief to the following effect. He got his ticket only when Taibur gave it to him at Dahka airport (in Bangladesh). The ticket was only for his travel to Myanmar. It was written in Bangla and English. He did not know he was going to Vanuatu. He confirmed that at Myanmar, Taibur took of him his ticket and passport. He understood that when he was leaving Bangladesh, his final destination was not Myanmar but Micronesia for Taibur and Shohag told him so. On 22 June 2017, Taibur informed him that Nabilah will confirm this ticket for the next travel. At Myanmar airport, they gave him his ticket and passport. They told him that his next destination was Singapore.
     
103. Taibur told him he did not need to read the ticket as Nabilah will help him with everything. Nabilah informed him of the date and time of his flight to Singapore. At Singapore, he and the others spent a night and half day. Taibur stayed back at Myanmar, he did not go with him (PW1) at Singapore.
     
104. Nabilah, Mito and Tasfea went to the hotel when they arrived at Singapore. He and the three others spent the night and half day at the airport. Nabilah gave him his ticket and passport and he kept them inside his bag and he explained that Nabilah told him if police authorities asked him, he would show then his passport and ticket. Nabilah told him that his next travel was to Fiji. Yet he knew that Taibur and Shohag told him that he was going to Micronesia. But he said he was with someone and she told him where he was going.
     
105. He did not read his ticket; Nabilah updated him on when he would be going to Micronesia, Singapore and Fiji. His next destination was Fiji. He transited. When he read at the screen there was only one flight at 3:00pm there were only Fiji – Vanuatu flight.
     
106. He was asked he was supposed to travel to Micronesia. He said when he saw his next flight was Vanuatu, she said shared with Mainul and Nure Alam and all three knew then that their final destination was Vanuatu. He was asked why he did not complaint. He replied he could not complain, if he complained there would be problem so he waited until when he arrived in Vanuatu he complained to Shohag as to why I was in Vanuatu instead of Micronesia.
     
107. It was put to him that being in Vanuatu is his own problem as he did not read his ticket and check of his final destination. He replied that had instructions that he did not need to read the paper (ticket). He followed Nabilah’s instructions who told him what to do. There was writing on the paper and he said it was Nabilah’s writing. Nabilah did it.
     
108. He was asked whether he needed any visa from Bangladesh to Vanuatu. He answered when he travelled from Bangladesh to Myanmar; Taibur told him that he travelled on maintenance visa (i.e. work visa). At Myanmar, Taibur told him that it was a tourist visa. He did not know whether he needed a visa to travel to Singapore as Nabilah and Taibur fixed things for him. He did not ask them whether he needed a visa.
     
109. It was put to him he needed a return ticket. He answered yes as until he arrived at Singapore he did not have return ticket. So Nabilah went to Immigration because they complained he and others did not have a return ticket. Then Nabilah phoned someone and they confirmed their return tickets. He was asked and he said he did not see the return ticket. But he had instructions that he should not be worried as the wife of the owner of the company will do everything. He had also instructions that Shohag will be there.
     
110. Before he came to Vanuatu he paid 12 Lak that will cover everything. He paid money to Shohag, Taibur’s father in law. He deposited in the Somon Sekdah’s bank account in XM Bank. He deposited 4 Lak (400,000 Taka). He agreed he met Somon Sekdah in Vanuatu not in Bangladesh. He confirmed Shohag told him that the account he deposited the money in was Somon Sekdah’s Bank account. He was challenged and he replied Somon Sekdah never gave his bank accounts to him but Shohag gave them to him.
     
111. He was asked that Shohag might give him a different Bank account number. He answered that Somon Sekdah told him he had received they money. He has the receipt and gave the number of the bank account in his statement.
     
112. He was asked and he said the receipt did not bear Somon Sekdah’s name on it. It wsa put to him he said that money given was toward work permit. He replied they have an agreement with them. He had to pay 6 Lak before travelling. The balance was 6 Lak so that he could have a passport and he had deposited the money in Somon Sekdah’s account. So he clarified he paid 6 Lak for travelling, passport and ticket. He had an agreement to pay 12 Lak, 6 Lak he needed to pay when he was at Bangladesh and 6 Lak, he will pay at the destination when he arrived. That would cover everything. He was asked he said he did not have these documents with him. They did not give him anything. He had an agreement with Shohag and also with Somon Sekda. He talked to Shohag and he used Shohag’s phone to talk to Somon Sekdah. He was asked; he said he did not sign any agreement. But he insisted the agreement was that he needed to pay 12 Lak, the company will give him everything. The 12 Lak he paid will cover everything including razor. The agreement includes the salary of 50,000 Taka and overtime payment.
     
113. He confirmed the places he had worked overtimes at Tana Plaza Russet, Narpow (academy). He was shown Exhibit P3 (page 4) the business name is Mr Price – with names Buxoo and Somon Sekdah. It was put he never worked at Bellevue road. He said he did not know about Bellevue Road. On page 5 of the same document, he was shown shopping ground, the owner is Anowar Hossain, he said yes. He was shown Exhibit P4 (page 19) the work done there opposite Tana Russet, he said yes. He was shown Exhibit P3 (page 8) about Asian Junction – the owner is MD Palas Hossan, he said yes. He was asked if the showroom was opposite Tana Russet, he said no, it was close to Wilco. He was challenged that if he had given any money in Vanuatu, he did not have any recept (and Mr Molbaleh) referred him to 6 Lak paid in Vanuatu. He replied no he paid that money when he was in Myanmar. He had paid 4 Lak and he had receipt for it.
     
114. It was put to him he never worked for Somon Sekdah and Nabilah. He responded he knew he worked for Somon Sekdah and Nabilah’s company. He knew the owner of the company Mr Price is Somon Sekdah. It was put to him that the place behind Tana Russet Plaza is not for Somon Sekdah. He answered yes he sought that. But he knew before he saw this paper that the owner is Somon Sekdah and Nabilah. He was asked and he denied that Somon Sekdah and Nabilah have any responsibility over him.
     
115. PW1 was cross-examined by Mr Brian Livo. He was shown Exhibit P4 and the picture marked (“A”) he agreed the name there was Mr Price. The picture in the front of Plaza was the place he worked – he agreed. He was asked he accepted that Anowar Hossain never paid him any salary. He was asked and he also accepted that Palas Hosan never paid him any salary.
     
116. He was asked also paid his salary. He answered he did not get any salary. He worked there but he did not get any salary. He accepted Somon paid his 5 months salary to his family in Bangladesh. The driver of Mr Price took him to work at Tana Plaza. Somon Sekdah was the first man who took him to Tana Plaza and showed him the place. He confirmed he was never shown the document at page 5 before he worked there. He was never shown the document at page 8 before he worked there.
     
117. PW1 was re-examined by the Public Prosecutor. He was asked to clarify his evidence of the shop he had in Bangladesh of garment, and what happened to that shop. He said he needed to pay money to come so he had to sell his shop.
     
118. On his way from Bangladesh to Vanuatu, he said he cannot complain because of the instructions given to him. He was asked why he was not able to complain. He responded that Taibur gave him instructions that he (PW1) was entitled to ask anything. But if he complained Somon Sekdah will be angry. As to receipt of the money he gave to Somon how he recorded, he replied he took a photograph of the receipt with his mobile phone. The copy of the receipt was in his mobile phone. The original copy was with the police officer and his name was written on it by the police.
     
119. PW1 was asked to tell the Court anything if he so wished. He said when he came here, he sold his shop. Now he did not have anything. It was a long time now that he did not see his baby. He worked here. He did not have salary. They did not pay him salary. He wanted justice. As soon as possible he wanted to see his family. That is it.
     
120. PW1 was recalling on receipt of payment of money. He confirmed the receipt he had on the amount of money he sent to Somon Sekdah. He deposited the money at XIM Bank. He had a copy of that deposit of the money (Exhibit P5 referred. PW1 was cross-examined on the receipt by Mr Molbaleh. He confirmed the figure in the receipt was 400,000 Taka. Shohag told him to deposit the money. Shohag told him that it was for Somon Sekdah account. Somon Sekdah gave his account number to Shohag. He maintained that Shohag told him the account number is Somon Sekdah’s. Mr B. Livo did not cross-examine the PW1 on the receipt. PW1 was re-examined on the receipt. It was put to him the account in the Bank is not possible that of Somon. He maintained he had used Shohag’s phone and asked Somon if he had received the money but he did not contact Somon on this.
     
121. I find that PW1 (Aslam Hossain) is an ordinary and simple citizen of Banbladeh. He is a genuine and honest witness. He is credible witness.
     
122. PW2 is Alam Nure. He is 43 years of age. He is from Bangladesh. His village name is North Aekuolil Police Station, Paoaanz, at Barisal. He lived with his wife, mother, has a 12 year old son and a 14 year old daughter. He was a secondary school leaver. For a living he had a shop where he sold clothes. He had the shop for about a year. He sold the shop and he came over here. He used the money and paid to come over to this country. He knew why he was in court.
     
123. In relation to Bangladesh to Vanuatu, Palas told him. Palas is his neighbour. He talked to Palas directly on the phone. He identified Palas as the fourth accused person in court.
     
124. Palas did not tell him where he was. He said he was in Micronesia. Palas told him to come to Micronesia and he agreed with Palas. Then Palas told him the salary is of 50,000 Taka. He will work 8 hours per day and he will be paid overtime.
     
125. Palas also told him about Somon Sekdah – that his uncle had big company in the countries of Micronesia, Cuba, Vanuatu, France and Georgia. Palas said Somon Sekdah had big businesses in other countries. His uncle needed more people to grow the business. Food and accommodation will be free as paid for by the company Mr Price and the owner is Somon Sekdah. Palas did not specify of the businesses Somon Sekdah had in these other countries, apart from a car shop in France.
     
126. Palas told him he needed to prepare his passport and money to come to the country. Palas told him that Somon Sekdah said he needed to pay 15,000 Lak to come to these countries. This was about 1,150,000 Taka. He did speak to Somon Sekdah when he was in Bangladesh. Palas called him (PW2) and he spoke to Somon Sekdah through Palas’ mobile phone. Somon told him – “uncle I need more people here so you come”. When Somon Sekdah spoke with him he told him he was in Micronesia. PW2 agreed with Somon Sekdah and he needed to deposit the money.
     
127. He confirmed that Somon Sekdah asked him to come because he needed more people. Somon told him to pay the deposit. In May 2017, he needed to pay 20,000 Taka in mobile banking system. Somon told him to deposit the money to the bank account. He could not remember of the bank account. He deposited 20,000 Taka on the first time. He deposited money four (4) times but not in the same account. The second time he deposited money of 70,000 Taka at Sunale Bank. The third time, he deposited 40,000 Taka at Sunale Bank – B. Branch Borisal Districk II. The fourth time, he paid into the account 150,000 Taka at Sunale Bank at same Branch – Somon Sekdah gave him the details of the Bank accounts.
     
128. He spoke to Somon Sekdah and asked if he received the money, Somon Sekdah confirmed he received the money. Somon told him he prepared to come, but Somon Sekdah did not tell him the name of the place. At that time he only knew of a name Micronesia. He made 5 payments – one by banking mobile and four (4) by bank deposits. The balance still he had to pay was 8 Lak (87,000 Taka).
     
129. He had difficulty in raising the money. He talked to Somon Sekdah about his land property. The property was at Dhaka Uttar Karamigangs. It was a medium land of about 100 to 150 metres (describing the outside boundary of the courtroom to the road at Dumbea) length and 50 metres wide. It was a residential property. Somon Sekdah asked him how much the land was. He told Somon that the total price was 10 Lak 80,000 Taka. Somon offered to pay it 8 Lak 50,000 Taka. He agreed with the offer made by Somon Sekdah.
     
130. PW2 said he did not sell the property to Somon. Somon Sekdah told him that his other brother Kamrul Sekdah will see the property and decide.
     
131. He used money for the sale of his business to go to Micronesia. He talked of what to do with Palas. Palas told him in Micronesia, Mr Price had company. About the preparation for the travel, Palas told him to get his National ID Card, his birth certificate and 4 copies of photographs. Those documents were also the documents Somon Sekdah said he would need to give Taibur’s father-in-law. Somon Sekdah told him to take these documents to Dhaka Abudullahbur. He went there. He did not see Palas there. Somon Sekdah gave him the phone number of his father in law and he was waiting for him there. He met Taibur’s father in law there.
     
132. He gave to Taibur’s father-in-law his passports, certificate and 4 copies of his photographs. He called Somon Sekdah and Palas and informed them that he had given his documents to Taibur’s father-in-law. They told him he must pay 70,000 Taka. He would give that money to Somon Sekdah as Somon Sekdah was in Micronesia at that time. Taibur’s father-in-law gave him the account number and he deposited the money at Sunale Bank – Branch Dhaka. Somon Sekdah told him he would go to Myanmar and Singapore. Somon Sekdah told him how he would get to Dhaka and that he would travel with someone and needed to meet that person.
     
133. That person’s name is Moinul. Palas gave him Moinul’s telephone number and he called him. Also Somon Sekdah gave the telephone number of Nacir Abassi to him and N. Abassi prepared his travel document (passports, ticket and 2,000 US Dollars. N. Abassi gave him these documents at Dhaka – Rajlokki (Exhibit P3). N. Abassi told him he would go to Myanmar, Taibur will receive him there and that he has to give the 2,000 US Dollards to Taibur. He did not meet Taibur before. Somon Sekdah told him that in Myanmar at the airport, there was a glass there and Taibur will be there and would wave his hand to him there. Somon Sekdah gave him Taibur’s telephone number.
     
134. Moinul was at the same place he met him before he travelled to Dakha. He had instructions that when the immigration officers asked him questions, he would just point to Taibur who was waiting for him there. Somon Sekdah gave him these instructions. At the immigration in Myanmar, he was instructed to be standing on the line as Taibur would be waiting. Taibur was short. He looked around for Taibur and saw Taibur was walking at him. Taibur was waving at him, while the immigration officers told them to stand as they did not speak the language. They looked around. They saw Taibur waving at them.
     
135. Taibur took them to the hotel (PW2, Moinul and Aslam). He met Aslam at Myanmar. Taibur took them to Beauty Hotel. When they arrived there, Nabilah and Tasfea were already there. Taibur introduced Nabilah to him as Somon Sekdah’s wife and that she will take them from there – Vanuatu.
     
136. He accepted he said earlier that he would be going to Micronesia but Somon told him that Nabilah will take him to Vanuatu. He did not say anything. He stayed in that hotel for 3 days. Then they went to Singapore. Taibur stayed at Myanmar. He travelled with Nabilah, Mito, Tasfea, Aslam and Moinul. They arrived in Singapore on 23 June 2017. They took the next flight to Fiji and they arrived in Fiji on 25 June 2017. At 2:30pm they came to Vanuatu.
     
137. In Vanuatu, Somon Sekdah, Shohag and Palas received them at the airport. Nabilah had all their travel documents. They went to Tassiriki House. At Tassiriki, they had food and Somon Sekdah, Shohag and Palas organized a meeting. At the meeting, Somon Sekdah said the country is beautiful. He has a shop, a resort. Somon Sekdah showed him some other countries cards and coins. Somon told them it is going to be for 2 months to sort out the 2 months period, they were not allowed to go outside the house. Somon Sekdah told him that if he went outside police would arrest him as he did not have the proper documents. After the 2 months period on 25 August 2017, they were still working outside the Tassiriki House. He was not paid for the work he did during that period. He cleaned the rooms, cut the grass and plants the flowers. He did gardening until September 2017.
     
138. In September 2017, he started cooking until 12 November 2018. He worked for Somon Sekdah for 15 months and 5 days. The 2 first months he was not paid. He was paid after. He got paid 8 months. He worked everyday 19 – 20 hours for 7 days a week. He was paid overtime. During the 20 hours work, he cooked food, cleaned the rooms. Somon and Nabilah stayed initially at Tassiriki. They moved them to Pango and they took him with them for cooking. They then moved to Elluk and he did the same work (cooking) at Elluk as he moved with Somon and Nabilah there.
     
139. When he was at Tassiriki, he was not allowed to go out. The same when he was at Pango and when he was at Elluk.
     
140. 18 November 2018, he remembered that date. That was his last working date for Somon Sekdah and Nabilah. Somon Sekdah came to the house and called him and the other, Saibur. Somon Sekdah took them to the swimming pool at Elluk. The swimming pool was toward the seaside. It had wooden edge. Somon told him to take a plastic bag there and gave it to him.
     
141. The plastic bag was under the soil. In order to reach the soil where the plastic bag was they have to lift it from the darken hole in the soil. There was a broken timber. The plastic bag was where the broken timber was. The plastic bag was half meter square. This was at night. It was about 9:00pm at night. PW2 took out the plastic bag and gave it to Somon Sekdah. He had used a 10 metre piece of metal to reach and take out the plastic bag. There was only one plastic bag. Somon Sekdah opened the plastic bag and took out the passports. There were about 19 – 21 passports. He did not count them. Somon took them out from that plastic bag and put the passports in another plastic bag. These passports were the Bangladeshi people passports. Somon Sekdah took the passports with them to Pango. At Pango, Somon took some people and went to Tassiriki. At Tassirki Somon Sekdah told Palas and Anowar to give the passports to the owners. Palas and Anowar then identified the passports owners and gave the passports to their owners. PW2 identified Anoward as one of the accused persons in court (third accused person).
     
142. Then Somon Sekdah took some of the people (victims) to new downtown house which is near the police headquarter (see at Exh. P4 (page 13)). Somon told 19 – 21 people to go in the truck and to go to the seafront and to picnics point at Devil’s point. The pickup truck is shown at Exh. P4 (page 26). He did not know the Devil’s point but the picnis point was close to the fare. It was late night. They stayed and spent the night there. There was nothing to eat. He stayed at the pickup point whole night to the next day at 5:00am o’clock when the police arrived and arrested them.
     
143. But during the day, PW2 and Saibur run away in the bus so the police did not arrest them. He did not know the reason police arrested them but Somon Sekdah told them that the next day police will raid the house. This was the same night at the townhouse when Somon told them the police will come. He was in the bush with Saibur whole the night and the next day at 9:00am o’clock they walked and got a bus. The bus dropped them at the market at downtown. He did not take part in the group statement in the video records shown.
     
144. He spent the time with Somon and Nabilah and saw Taibur coming to Vanuatu 3 or 4 times and stayed 2 – 3 days and then returned. He also saw Kamrul Sekdah at Elluk who is the elder brother of Somon Sekdah. Kamrul came to Vanuatu 2 – 3 times, stayed 2 – 3 days and returned.
     
145. He was asked to say something if he wished. He thanked Vanuatu government. He explained how this affected him and said the following: he was the only one in his family that earned money. As part of his coming to Vanuatu (it was now 2 years) he borrowed money in Bangladesh. He did not pay back the money to his family. His family did not have money to pay for the food. He borrowed money to some people. He did not know what was going to happen. He needed help to go back to Bangladesh so that he could find ways to provide food to his family. He came to this country. Someone lied to him. He wanted justice. He told the Court of his salary that was not paid but he did not expect that his salaries be paid.
     
146. PW2 (Alam Nure) was partly cross-examined by Mr Molbaleh and partly by Ms Nabilah Bibi. PW2 maintained and confirmed his evidence in chief. He knew Palas but he never knew Somon Sekdah in Bangladesh before. He agreed he had several discussions with Palas about Somon when PW2 was in Bangladesh while Palas was in Vanuatu through phone. He confirmed he used Palas’ mobile phone to talk to Somon Sekdah through IMO and he confirmed one application of IMO was by video call. He said it was Somon Sekdah that he was talking to. He pointed to Somon Sekdah the second accused person sitting in the row in court. He could not remember the number anymore.
     
147. Palas arranged for PW2’s travel to Vanuatu. It was for him to work overseas. He did not have any signed or any agreement with Palas. He knew the name of the company Mr Price while he was in Bangladesh. That was the company he was going to work for. He accepted that the company was at Micronesia. But he did not have any written agreement concerning his travel arrangement, concerning his job, food, work and accommodation and salay. He was asked and he accepted his salary of 50,000 Taka that he had no document. But he said he gave the money to Palas 4 times when Palas gave him Somon Sekdah’s account number and he deposited the money into Somon’s account. He has receipts of payments and they were in Bangladesh. It will be difficult to provide the receipts now.
     
148. He confirmed Somon Sekdah confirmed to him by phone that he (Somon) had received the money he paid to him. He had receipts of payments but they were in Bangladesh. He was asked and he accepted that when he was travelling to Micronesia or Vanuatu, it was his decision and no one forced him. He collected his travel documents at Dakha from Nacir Abasso who was a different person. When they arrived at Myanmar his travel documents were taken away from him. He did not know whether he had a return ticket.
     
149. At Myanmar airport, he saw Taibur outside immigration waving at him. Taibur withheld his travel documents and took him to Beauty Hotel and introduced him to Nabilah, Mito and Tasfea who were already there. Before he travelled from Myanmar to Singapore, they told him they were going to Vanuatu. Taibur told him that.
     
150. Taibur instructed him not to give information to anyone, so he did not question that. He met Aslam Hossain at Myanmar and they both travelled together with Moinul, Nabilah, Mito, and Tasfea to Singapore. At Singapore, Nabilah had his travel documents (passport and ticket). He did not share the information that he was no longer travelling to Micronesia but to Vanuatu with Nabilah nor his family in Bangladesh. At Singapore airport, Nabilah did everything for him and for all others. They travelled together. Nabilah held his travel documents and these of others too. From Singapore, they travelled to Fiji and to Vanuatu.
     
151. In Vanuatu, he worked as a chef. He got paid 8 months 5 days. He confirmed he never cooked before. He cooked at Somon’s house. He knew Vicky Simon, William and Jacky who worked at Somon’s house. He confirmed he was paid 50,000 Taka a months in this way – he was paid 50% and 50% was taken from his travel charges. He maintained he was not fully paid and his overtimes were not paid. He cooked and also cleaned the house of Somon Sekdah including during holidays. He denied he cooked only 3 times a day as he did other works too for 19 – 20 hours a day.
     
152. He was asked about the land he sold to Somon. He had the related documents at home. He accepted Somon offered to pay 800,000 Taka. It was put to PW2 that the transaction payment to him of 800,000 Taka was not paid to him. PW2 replied that Somon Sekdah took this amount of money from his salary – so Somon paid half salary for 8 months but the 9 months outstanding that he worked, Somon did not pay any salary to him. Somon did not give any money in Vanuatu (as salary) he paid him in Bangladesh. He explained 8 months salary would be 25,000 Taka and 9 months salary – 50,000 Taka. The money was in cash transferred to Palas’s brother and Palas’s brother gave the money to his (PW2) family.
     
153. He was asked he said he paid 70,000 Taka when he was at Micronedia. He replied it was his mistake he gave the money to Palas. He knew Somon arranged his account number and gave them to Palas. He was also asked that he mentioned Somon introduced him – he accepted it was his mistake. Palas gave his Nasir Abassi’s number from Somon Sekdah. He was shown Exh. P4 (page 17) – photograph B – was the plastic bag containing the passports he described in his evidence in chief. He confirmed he was shown other exhibits P1 on victims travelling information 8 January 2019 – passport numbers and the names of the victims. He accepted he was escorted by Nabilah and recruited by Palas (group 2) (group 3) M. Ahud, his recruiter is Alam Nure. He confirmed it was his name. But he denied that he was part of this system of travel. He maintained that he came in Vanuatu to work as a salesman.
     
154. [Note – 25 November 2019 – 2:10pm] – Mr Molbaleh ceased to represent Somon Sekdah upon Mr Somon Sekdah’s instructions. Mr Somon Sekdah decided to represent himself. The same position was taken by Ms Nabilah Bibi. She decided to represent herself. Each and both understood the charges and the seriousness of the charges laid against each and both and despite not knowing the consequences each and both decided to continue with the trial without legal representation (Ms Nabilah was doing the talkings and asked questions to prosecution witnesses and any other applications before the court during the trial).
     
155. PW2 was still cross-examined but by Ms Nabilah Bibi. PW2 was asked and he explained he knew Palas. Palas communicated with him what Somon Sekdah told Palas, Palas told him. He was challenged on this as he was in Bangladesh, he replied because Palas and Somon stayed together here so Palas told him of what Somon Sekdah said. He was asked to tell the court and PW2 told the court Somon Sekdah said he had some business in Micronesia. He needed some people so Palas asked him (PW2) if he was interested and PW2 agreed with that.
     
156. He was asked and he confirmed again that he made 4 payments when he was in Bangladesh. He paid the money into Somon Sekdah accounts. Palas told him of those accounts and Palas sent them to him through the phone. He did no longer have these messages because sometime Somon Sekdah took his phone (PW2’s) and deleted messages in PW2’s mobile phone. He was asked about the proof of payment. He replied there were these proofs in the mobile phone but they were deleted by Somon Sekdah. He was asked about the account holder name. He said the account holder name is Rafiqul Islam. Somon Sekdah gave that account to Palas and Palas gave it to him. He was challenged – he replied although the accounts were not in Somon Sekdah’s name – Palas provided these accounts to him and told his that they belonged to under Somon Sekdah. He paid the money into the account. He paid an amount of 20,000 Taka. That was the first deposit he made by mobile transfer. Palas told him uncle Somon received the money.
     
157. He made the second deposit of an amount of 17,000 Taka. He paid this second deposit in a different district called Japa Wbab Gang. Palas gave his this account number. He paid the money in Sunlaw Bank. He was asked about the account bearers, he could not recall but he said he did not agree that this account did not belong to Palas or Somon Sekdah as suggested. All the receipts he took photos (pictures) of them and sent to Palas. He was asked again he agreed he made 4 payments of a total of 280,000 Taka. He confirmed they were sent to Palas and Somon. He accepted he could not show the Court of the receipts (he will try).
     
158. He confirmed when he travelled to Dakha, he travelled alone. He collected his passport, ticket and 2,000 US Dollards at Bangladeshi airport (International airport) – Nacir Abassi discussed the documents with him at Razlokki and N. Abassi gave him these documents at the airport. Somon Sekdah told Palas to arrange. He was asked he explained Somon Sekdah provided his number to Palas and Palas sent Somon’s number to him so that he could confirm the documents he is going to provide. He confirmed when asked that he was communicating at that tiem with Palas and Somon Sekdah at the time. He had Palas number. He communicated through Palas number (via IMO). He was asked he replied Somon Sekdah provided information that Nacir Abassi will give him passport, ticket and 2,000 US Dollars. He was asked whether he had a return ticket, he replied he had a ticket, passport and the US Dollars.
     
159. He was asked about the visa; he replied Somon Sekdah instructed Nacir Abassi, Nacir Abassi gave him a passport, tickt and a visa. He thought it was a trourist visa. He did not read it. When he was asked, he said Somon Sekdah told Palas to tell him that he will stand on the line at the immigration. He said he also spoke to Somon Sekdah and Somon told him just to stand on the line. He had a return ticket to Bangladeah when he was at Myanmar. They checked his baggage and he also showed them the dollars he had with him. At Bangladesh they asked questions about the US Dollars he had and he told them he was going to Myanmar for holiday. He then said Somon told Palas to tell him that the 2,000 US Dollars was for holiday in Myanmar and Taibur will receive that amount. He was asked whether he had declared that the money did not belong to him. He answered Somon Sekdah instructed that he was not allowed to say that.
     
160. At Myanmar, the immigration asked him question as to why he went to Myanmar. He said Somon Sekdah instructed that Mito was there. She is his sister. He is going there to bring them back home. Somon Sekdah told her to use that statement if the immigration asked him questions about the money. Moinul was standing behind him. Moinul is a relative of Palas. They were standing on the line. Immigration officers asked questions and put them on the side. He did not have many luggages. He just had one back bag on his baskside. Taibur was waiting outside with Aslam Hossain (another victim). Taibur took him with Moinul to the hotel. He and Moinul shared a room at the fourth floor. Mito, Tasfea and Taibur share the same floor but difference room.
     
161. He arrived at Myanmar on 17 June 2017. On 23 June 2017, Taibur told him that he was going to Vanuatu. He must not share this with Aslam and Moinul. This was the instruction from Somon Sekdah, Taibur told him.
     
162. He was further questioned as to whether he called Somon or Palas to have clarity to this. He said he spoke to Palas. Palas told him uncle has big business in Micronesia and Vanuatu. He will now go to Vanuatu. The next destination was Singapore. At the checking point, Buxoo Nabilah was going first on the line as she was holding their travel documents. Nabilah told me to follow her and she will deal with the situations. The next destination after Singapore was Fiji. Nabilah was holding on all their documents. She was doing everything for them. Nabilah did immigration checks for them and told them to stay there. She gave them the documents, and told them to stay on the flight; Nabilah gave him his passport and boarding documents. At Singapore, he was not alone. Nabilah, Mito, Tasfea, Alam Hossain and Moinul were there with him when they arrived. Then he, Moinul and Aslam were staying in the airport while Nabilah and others went to the hotel.
     
163. They were not allowed to share the information about where they were going. The instructions did not allow each of them to share with each other. So they did not talk about where each one was going. He was asked and he said the immigration officer at Singapore did not find anything wrong in his bag but they found a blender machine in Aslam’s bag. Taibur gave that machine to Aslam at Myanmar. It was of a medium size (30 cm height).
     
164. The next destination was Fiji. They arrived in Fiji in the early morning (5:00 am o’clock). They waited until 2:30pm o’clock and boarded the flight to Vanuatu. They never faced any immigration issues as Nabilah Bibil arranged the immigration, they are just following. Immigration did not aske any questions to him. Nabilah Bibi did everything for him. Somon Sekdah, Palas and Shohag were waiting outside to receive them. Somon received all the six of them. They were taken to Tassiriki house. Then they had a meeting.
     
165. Somon, Palas, Shohag, Musharaf, Aslam, Moinul and Nure Alam attended the meetng. Somon did not ask him about money, but he showed him different countries credit cards. He was cooking at Somon’s house. He ate the same food with Nabilah, Somon, Mito, Tasfea, Shohag, Moinul, Aslam and Palas. At Elluk, four local people were working in Somon’s house (Roy, William, Vicky and Jacky). Roy is preparing the electricity. William is cleaning the swimming pool. Vicky looked after Mito’s son. Jacky cleaned up the house. He got up everyday at 5:00am and cooked breakfast everyday for Tasfea. There was no time frame for eating if Somon’s family were at home, he will cook anything. If they do not like it, he will cook another. He only ate at the time of eating then he started working again by cleaning the kitchen. Even when they were in office, they called him and asked what he was cooking. If he said curry, uncle would say that auntie did not like it. They would ask me to cook something else. He agreed he had good food at the time of eating. The beef came from a farm. Somon bought the cow from a farm. The meat was shared between the houses including Tassiriki house.
     
166. He confirmed that on 18 November 2018 Somon asked him to go with him (Somon) near the swimming pool. He confirmed he had used a 10 metres long rod (steel stick) to pull out in a 7 – 8 metres hole under the timber he took out the plastic bag and gave it to Somon. He found the 10 metres steel rod from a building nearby. He did not know how long the plastic bag was there in the hole.
     
167. On the salary, he said he received salary from Somon. Somon paid some in Bangladesh. Somon paid the money to one of Palas brothers and the said Palas brother paid the money to his family. He asked for the proof, he said was with Palas as he did not pay the amount to the bank.
     
168. He was asked if he had a work permit related to Mr Price Company. He said he did not.
     
169. PW2 (Nure Alam) was cross-examined by B. Livo. He was a neighbour to Palas in Bangladesh and his house is some distance from the Palas’ in two different nearby villages (Rahuc Katia and Rakudia).
     
170. He was asked, he kenw Sharif who is still living in Micronesia. He never met Sharif but Palas told him. He denied that because Sharif had travelled to Micronesia he wanted to travel to Microneia. He rembered when Palas had to travel overseas he met him at Bangladesh and asked him where he was going. Palas told him he was going to Micronesia. That was the time Palas gave Taibur’s number to him. He denied. He accepted he sold his business in Bangladesh to go work for 50,000 Taka per month overseas. He was asked and he said he talked to Palas thorugh IMO using audio call not video call. He was asked and he insisted that Palas made arrangement for his travel overseas. Taibur also made arrangement for him.
     
171. As to payment of his salary, he was asked and he said Palas’ brother (Shoshim) lived in Quatar but he came back to Bangladesh and lived there and it was true.
     
172. He never knew Somon Sekdah when he came to Vanuatu. He knew him by talking by mobile phone. He first saw him when talking on IMO for a day. But he did recognize Somon because he was wearing a white t-shirt. He accepted he did make some payments before he travelled. He denied Somon told him to make payments through Taibur’s father-in-law. But he did give to Taibur money for his passport, ticket and visa. When he arrived in Vanuatu with others, Palas was at the airport. Palas had never removed his passport, ticket and visa from him. He agreed Palas was not his boss. Palas never paid his salaries but he said through Somon Sekdah he paid the salary in Bangladesh. He was asked and he agreed Palas was not the owner of the house he lived in in Vanuatu. Palas did not pay him any money before he came to Vanuatu. In Vanuatu, Palas was with Somon Sekdah everytime.
     
173. He was referred to some table MFI1 that he appeared as a recruiter. He answered Somon Sekdah put pressure on Palas and Palas pressured him and he did not agree to pay any person.
     
174. Public Prosecutor re-examined PW2 (Nure Alam). He was asked to clarify his understanding from the suggestion that there was not agreement between him and Somon about salary, food and accommodation and he said yes. But to his understanding Somon Sekdah will employ him in Micronesia or Vanuatu. He was asked to clarify the purpose of his travelling to Micronesia or Vanuatu when it was suggested to him that there were no arrangements made for his travelling from Bangladesh to Vanuatu. He answered for working. When he found out that the place for him to work is no longer Micronesia, he said he was happy because he was going to Vanuatu for work. He clarified he worked 19 – 20 hours per day and he worked 7 days a week. He cooked, cleaned the kitchen and during the weekends, he cleaned the house, wiped and also cooked. He clarified also that Roy worked sometime not everytime. William also worked sometime not everytime. Vicky worked from 8:00am to 5:00pm. Vicky looked after Mito’s son.
     
175. In relation to his answers to questions asked of him by Mr Livo on Table (MFI1) at (page 1) Mr Livo referred to one name and Mr Molbaleh referred to three (3) names, it was suggested to him he was a recruiter. He was asked to explain how he was involved in bringing those people to Vanuatu when he answered to Livo’s question was that he was pressured. Somon pressured Palas and Palas pressured him. He answered Somon Sekdah talked to Palas that he ran his company. He (Somon) needed more people. He (PW2) said he did not agree. So Somon Sekdah told Palas that if he (PW2) did not bring some people from Bangladesh, they will send him back home.
     
176. He was asked to explain his answers given to Nabilah’s question whether he had proof and he said proof were in his phone and the messages in his phone were deleted. PW2 explained the circumstance and where Somon deleted the messages in his (PW2) phone. He explained, this was at Elluk house after lunch. At that time Shohim called him. Then Taibur called him about 12:00 am in the night. They told him that uncle (Somon Sekdah) went to Pango house. Taibur told him that he needed to call Somon Sekdah. PW2 said he called Somon Sekdah and Somon’s phone was switched off. He could not connect to Somon’s phone so he slept that night. The next day, Somon was at Tana Russet Plaza at his new market place (Mr Price) and he (PW2) was at Elluk house and cooked. Somon called him and swore at him and asked him whether he had answered Taibur’s phone call. Somon told him to stay at home as he was coming. Then Somon came to the house with Palas. Somon asked Palas to take his (PW2) phone out of him. The phone was on the stove. Palas took PW2’s phone and gave it to Somon Sekdah. Somon Sekdah kept PW2’s phone for a week. PW2 said he could not contact his family. He asked Somon for his phone. Somon did not give him back the phone. A week later, PW2 said he cried. Taibur called Palas and Palas told him that PW2 was crying as he could not talk to his family. Palas talked to uncle (Somon) and two (2) days after Somon returned the phone.
     
177. So when he took his phone, charged, opened it and checked, he noticed that some messages from his phone were missing. There was another time that Somon Sekdah took PW2’s phone for seven days also.
     
178. On the questions of four payments he made he was asked and he said there was no receipt or records of payments. He explained that he also checked with Palas about these payments. Palas told him to send the bank receipt to him (Palas) and he (Palas) will show them to Somon Sekdah. Palas confirmed to him he had received the bank receipts. Palas told him uncle (Somon Sekdah) confirmed the payments and so he could go home.
     
179. On the instructions not to share with others, he explained that if he shared with others, something wrong could happen to him. Like, they could send him back to Bangladesh or do something else to him as he was coming to this country, if he shared information; it was not good for this country that was why he was instructed not to share information with anyone else.
     
180. As to food, he did not cook for Aslam nor Palas. Sometimes he cooked for other witnesses when Somon Sekdah told him that there will be extra people coming to the house so he cooked extra food. He did that almost everyday. He cooked for him and family of Somon Sekdah. Almost everyday, Somon brought people in the house. On regular basis he cooked for Somon. He did not cook on regular basis for everybody else. He did not cook breakfast, lunch and dinner for Aslam, nor for Moinul. At Tassiriki house, when they all first stayed, including Somon family, he cooked for everybody. When Somon and his family moved to Pango, he moved with them and he cooked for Somon and his family. At Elluk house, he cooked for Somon and his family.
     
181. I find PW2 (Nure Alam) is a credible and honest witness.
     
182. PW3 is Shahin Mustafizur Rahman. He started to give his evidence on 27 November 2019. He gave his evidence in English. He is Mustafizur Raham Shahin and he was 47 years old. He came from Aidtang Ail village of the District of Tangail. He has a wife with a 14 year old daughter and a 12 year old son. His parents lived with him. His father is 87 years old and his mother is 70 years old. He had a high secondary school certificate. He had overseas training management – general. Before he came to Vanuatu, he used to do supplies for governments t-shirts and different services. He marketed his products by supplying them to Malaysia and other local marketing in Bangladesh. He used to place orders. He used to produce for his own. He had his own workers. He had 32 workers on contract. His products based on demand basis. Before he left, he put his nephew to look after his business. But then he had to sell out his business and he was now stucked as 6 months after customers were not happy. The other reasons were about financial support from customers. After the 6 months, his bank is after him for the loan repayments. He was forced to sell out his business with big losses.
     
183. He was in Vanuatu for 1 year and 2 months. He gave evidence as to the original arrangement to this effect. First he got a message from Alal Hossain who is Shohag’s brother-in-law. He met Alal in a shop. Alal explained to him that he was recruiting people for Mr Price Company. Mr Price Company was said to be in Vanuatu. Alal told him that Vanuatu is part of Australia. Australia is very close to Vanuatu.
     
184. Mr Price is handling 20 shops. They are recruiting salesmen and others. For the arrangement, it will take 1,200,000 Taka which is equivalent to 12 Lak. Alal also explained to him the government conditions. If someone wanted to go as a businessman, there were opportunities. Mr Price will provide business card for them. The businessmen will be able to do business as long as they wished. Mr Price will import things from different places in Bangladesh and will give these things to businessmen and the businessmen will resell them as retail sales. The amount he mentioned were profits one will make. He did not ask about the name Mr Price. It is an international company. This was a new branch in Vanuatu. They have in South Africa, Australia, and many different countries. Somon Sekdah, the owner of Mr Price in Vanuatu, was in Vanuatu.
     
185. Mr Price of Vanuatu is affiliated with Mr Price in other countries so PW3 and others could go and work in different countries under Mr Price.
     
186. Alal explained of salaries to be of 50,000 Taka to be paid by the company. The medication will be provided by the company. The salesmen will work 8 hours per day and any overtime will be paid. Mr Price is a very big company. Mr Shohag also recruited people from different districts in Bangladesh. At the end of the meeting, he asked Alal if Mr Price agreed that he could supply. Shohag said yes. Shohag had to talk to Mama (Somon Sekdah). Alal took PW3’s mobile number and Alal gave his mobile phone’s number to him. Alal said he will pass PW3’s mobile phone number to Shohag and Shohag will contact him (PW3) later on.
     
187. Few days later, Farid Uddin called him (PW3). He told him Shohag wanted to talk to him. PW3 said he had talked to Shohag and asked Shohag about Mr Price Company. He explained to Shohag that he was doing garments business if he could supply products to Mr Price Company. Shohag told him to talk to Mama (Somon Sekdah) and let him know. Shohag also told him of the same thing Alal told him about salaries and others. Mr Shohag said the terms and conditions were the same as what Alal Hossain was telling him previously in the meeting.
     
188. Mr Shohag told him that Mr Price market in Port Vila, Vanuatu, will be opened very soon. Those 28 containers of items were coming in Vanuatu. He talked to Shohag sometimes in June 2018 (first or second week).
     
189. After the conversation with Shohag, he went into internet. He searched where Vanuatu is located. He found that regarding Mr Price Company the head or its base is in South Africa, it has branches in Australia. He searched for the Vanuatu branch of Mr Price, and he found out that the Vanuatu Mr Price was the same as in South Africa and Australia. He got Daily Post Newspaper which published that Mr Price has a 21 workers with work permits. They have been removed but after the meeting with the Minister of Internal Affairs and Labour they solved the problem. The news said Mr Price will come soon. The news also said what kind of business they are going to do such as clothing. A picture of Mr Price was sent to him by Mr Shohag. So he (PW3) got convinced that he needed to be there. Shohag sent him the pictures of the markets, the shops and the show room. Some of the pictures were about new construction and later Shohag sent him pictures of what it will look like (see Exhibit P4 page 22 phonograph A). The picture Exh. P4 was that similar to what was showed to him. He was also shown, pictures of completed shops. But the pictures were not all sent at the time. Why sent one and then the other. They said Mr Price will looked as these. Everything was done including shalves. He provided two pages of photographs they sent to him and on the understanding that the market will be open very soon (Exhi. P6 (A) and P6 (B).
     
190. The pictures shown to him were similar to what eh newspaper showed. He had also asked people who were there and he was informed Mr Price Company will be opened very soon. He was then convicted himself and decided to come to Vanuatu.
     
191. He had further discussions with Shohag and on 25 June 2018, Alal Hussain travelled to his district, he came to the same place they had previous meeting – Habibur Rahman Plaza in PW3’s shop. PW3 told him he will be there. Alal told PW3 and another (Kamrul Hassen Miah) to pay together 520,000 BD Taka to him (Alal) in cash PW3 got a receipt that acknowledgement sheet. PW3 said he made other payments. The next payment he made was on 29 August 2018 thourh Agrana Bank. The amount was 250,000 BD Taka (for PW3 and his friend Kamrul Miah). This money was sent to Iren who is the wife of Alal Hussein and Shohag’s sister. Alal Hussein provided the account number PW3 said he asked Alal why the money be transferred to Alal’s wife. Alal explained he is working to Shohag and Somon Sekdah as a reunitor and also money collector from whoever is going to Vanuatu through him (Alal). Alal was responsible for this payment and he was following instructions from Shohag and Somon Sekdah. Alal was also saying that money had to be paid in different banks and at different time. So all money paid will reach Somon Sekdah. Somon Sekdah was aware of all transactions. Alal said he was just following the instructions from Somon Sekdah and Shohag.
     
192. PW3 said he made another payment on 3 September 2018 of an amount of 200,000 BD Taka deposited in an account at Agrana Bank. Farik Uddin provided the accounts because by the time Shohag was in vacation in Bangladesh that was why he remembered. After the payment, PW3 said he talked to Farid Uddin and Shohag, both confirmed to him that Somon Sekdah received the money. On 10 September2 018, PW3 said he made two other payments through two different bank account. The first account was at Agrana Bank. The account holder is Laily Begum, Shohag’s mother. The money deposited was 340,000 BD Taka. The other account was at Rupaly Bank, the deposit was of the same amount of 340,000 BD Taka. The account holder is Josim Urdin. PW3 said he remembered he wrote the name Josim but did not remember he wrote Urddin. The form was filled by his friend (Kamrul Miah). PW3 said he spoke to Shohag and Farid Uddin by phone in respect to the two payments. They both confirmed that Somon Sekdah had received the money.
     
193. On 13 September 2018, another payment was made in a bank account of the amount of 150,000 BD Taka. He made 8 different payments he was not sure of the bank. Before he came to Vanuatu, PW3 said he and Kamrul Hosan Miah paid a total of 1,800,000 BD Taka. He was shown two pages documents and he recognized the writing on both pages. On the first page there were six receipts and receipts of payment on the second page. The first receipt was the page with four receipts. The two receipts were about later payments.
     
194. 13 September 2018 payment of 150,000 Taka was shown at page 2 with its receipts at Brac Bank. Farid Urdin provided the detail of the account. PW3 said he had checked with Farid Uddin and Shohag both of them confirmed that Somon Sekdah Mama received the money. After 13 September 2018, he made another payment when he was in Vanuatu through his family. The receipts on pages 1 and 2 were about receipts of payments made at Bangladesh. On page 1, there were 4 receipts. The first handwritten receipt with the total amount of 520,000 Taka. That was the first payment he made. The second receipt was at the right corner. The third receipt was the one at the tope at the left corner. The fourth was at the bottom at the right corner. With same dates for the two payments made on 10 September 2018 in two different banks but same amount of 300,000 Taka. At the page 1 bottom right, it showed Agrana Bank payment. At page 2, Rubali Bank payment [Exhibit P7]. PW3 said he had similar records in his mobile phone and in his personal diaries. The records on diary were done simultaneously specifying the dates.
     
195. These payments were made in Bangladesh in respect to his travel arrangements. He had been in touch with Shohag and Farid Uddin. He was told everything as to his travel arrangements and visas will be provided by Mr Price and that included travel and ticketing. Mr Somon Sekdah will provide everything. He understood Mr Somon Sekdah will provide for his travel ticket, visa processing. He had to travel to India, Singapore, Fiji and Vanuatu.
     
196. As to the passport, PW3 gave it to Alal Hussain when PW3 and his friend made the first payment incuding normal ID photos and some photographs of passport size. The first payment was made on 25 June 2018. PW3 had spoken to Shohag thereafter the first week of July 2018 about getting an Indian visa. Shohag told him to go to Dakha. There Mr Kamrul Sekdah the brother of Somon Sekdah will give him the passport. He was told Kamrul Sekdah will take his phone number. PW3 met with Kamrul Sekdah at Dakha. Kamrul Sekdah gave him the passport and he took it to Indian Embassy at Dakha for Indian visa to be stamped on his passport. After he had the visa, Kamrul Sekdah asked to give to him. Kamrul Sekdah asked the date of delivery receipt including that of the visa. Kamrul Sekdah told him to go home he (KS) will receive the passport and visa. PW3 then went home.
     
197. He explained how he was able to obtain a confirmation of the accounts numbers and payments of money made through Farid Uddin. PW3 asked Farid Uddin and wanted to make sure if Somon Sekdah asked him to give money to particular bank accounts as proof if he ever talked to Somon Sekdah. Farid Uddin told him Somon Sekdah was always busy. PW3 said he will be able to confirm once he arrived in Vanuatu. As a proof, Farid Uddin just sent him a voice message while Somon Sekdah was instructing the money will be deposited in the Pauteh Bangla Bank or Brac Bank. He had that voice message with him as evidence.
     
198. PW3 left Bangladesh on 19 September 2018 from Dakha to India (Golgotha). Josim Uddin, Palas’ brother escorted them. There were nine (9) of them plus Josim Uddin. They were ten (10) travelling to India (Golgotha). At Golgotha, they waited for two hours, outside the hotel room as PW2 said Josim found a room at Majestic International Hotel. The room booked for him was 169. There were only two (2) single beds in the room. Josim asked three (3) of them to share two beds. PW3 said he was not agreed with that. He told Josim he had a long journey. He did not use to share bed with people he did not know. Josim insisted. PW3 refused and proposed to pay for his own bed if necessary. Josim got angry. Josim was using swearing language which was humiliating. PW3 told Josim that he could not do this kind of behavior with him. Josim took another room. They travelled from Dakha 8:00am and checked at the hotel at 8:00pm. During this long hour, Josim did not provide for food. He provided chips in the train and PW3 did not accepted because he was so hungry. He told Josim to provide enough food. Josim took them to a restaurant for dinner. He bought two (2) pieces of roti but it was not enough for PW3. He asked Josim to give him another piece more. Josim refused. PW3 asked Josim why he was going to be hungry. Josim told him, it was not your father’s restaurant. He could only have what he (Josim) provided. Josim gave him another piece more when PW3 raised his voice. Others were afraid to aske. He asked him to buy bottle of water. Josim shouted at him. PW3 raised his voice (as there was water in the restaurant but cockroaches were running on it. PW3 returned to the hotel. PW3 heard Josim calling him making complaint to someone that Shahin is complaining about everything and he was behaving like a son of a king. He needed lesson may be.
     
199. They left the hotel on 20 September 2018 about 11:50pm. There was no food provided. At Dakha when he was given his passport, railway ticket, Kamrul Sekdah also gave him 100 US Dollars. They travelled by train to Belhi with the same group of people. But Kamrul Sekdah was with them because he came to Golgotha by plane and stayed in a different hotel. They arrived on 21 September 2018 in New Delhi and they stayed at Oxford Hotel International. They stayed two (2) days at New Delhi. They left New Delhi on 23 September 2018. On 22 September 2018, they had a meeting at the hotel. Josim and Kamrul came to PW3 and others’ room. Kamrul opended his bag and gave PW3 2,000 US Dollars to carry. Kamrul instructed not to spend or lose these US Dollars as if that happened, PW3 and anyone else will face back or hard consequences. Before they travelled, PW3’s travel documents were with him. Once they arrived in the hotel they took them from him. PW3 said Kamrul Sekdah gave him his passport, US$2,000, air ticket and multiple business visa letters from Vanuatu Immigration Director.
     
200. At the hotel, they were instructed to carry 7kg of luggage and no more than that. So Josim checked the luggage. PW3 insisted he will carry what he had knowing they were entitled to carry 20kg. The PW3 said the instructions were from Somon Sekdah, he was told by Josim and sometimes they carried something for Somon Sekdah. PW3 said he left his used clothes and took with him the new ones which are in the plastic. PW3 carried those new clothing as part of his business to show to Somon. They were also instructed by Kamrul and Josim that at the immigration, they should not talk. If any question is asked, they will speak only Bangladesh language. Kamrul will be only one to answer the question as he was travelling with them. Also, the instruction was that at the immigration, they should be grouped one place but not move around at different directions. From New Delhi, they travelled to Singapore. They arrived at Singapore on 24 September 2018 around 10:00am. They spent 10 hours at the transit airport. Taibur and Sagor joined them at Singapore. No food was served, he asked for food. They were served with hamburger and coca cola. They left Singapore after 8:00pm on 24 September 2018. They had a light meal after he asked for it. A group of 9 people travelled to Fiji with Kamrul Sekdah and Sagor. Taibur did not travel with them. There were 11 people travelling to Fiji. They spent a night in Fiji and on 26 September 2018, they left Fiji for Vanuatu. In New Delhi and Fiji, when he walked to the hotels, they took out of him, his passport and ticket and when he boarded the planes, they gave them back to him.
     
201. They arrived at 10:00am in Vanuatu. At immigration they stood in line as instructed and PW3 was at the end of the line. At Vanuatu customs area, customs officers opened all the documents as the computer system failed. They opened his bag. There were new clothes inside his bag. The customs officers asked him to pay the tax for the new clothes. He explained to customs officers, the new clothes were for his personal use and some are samples for his friends. When he was trying to explain to custom officers, Somon Sekdah and Nabilah Bibi arrived. Nabilah asked what was happening, and the customs officers told Nabilah they were new clothes that were to pay the tax. Nabilah asked how much but nothing was paid. So the customs officers kept the clothes and Nabilah said she will pay the tax the next day.
     
202. There were 25 pieces of new clothes with the customs officers. When PW3 came out of the airport, the 9 others travelling with him were no longer there. Somon Sekdah told him to follow him (Somon). Kamrul Sekdah was sitting in a care in the backseat (right side) with another man who standing on the left side. He did not recognize him at the time. That man was Somon Sekdah’s personal driver. Ibrahim and he will know his name after. That man opened the door and told him to get into the care at the left side of the backseat of the vehicle. Once he got in the vehicle, without asking any question, the person started slapping him when he (that man) was still standing outside the car. He slapped him on the backside of his left ear. He slapped him two (2) times and he punched him two (2) times. He slapped his head and left ear very strong and as far as he could. The slapping and punching on his head were very painful. He tried to move his head, the man punched him brutally and PW3 said he was hitting on his head. When the car started to run, the man was still punching. PW3 was in the middle between Kamrul and that man. Nabilah sat in the front seat with a small girl. Somon Sekdah was driving the car. When that man Ibrahim was assaulting him, Somon Sekdah was telling him why he was complaining about the food and hotel rooms and why he complained too much. This continued for about 3 minutes. Ibrahim assaulted behind his head, side of his head. PW3 never expected that. The paid of humiliation and shame was much stronger than physical pain. He was thinking he lost his dignity, his honour while this assaulting humiliation went on. He was like a cool stone and numb. He did business for 20 years; he had never faced this disrespectfully situations. He was asking himself, what was going to happen with his life. He asked God to give him passion in the situation. He thought about his old father and mother. His father was not happy as he came far away as he is his only son. Later on, he explained to his father that he will be back soon when he would have his documents back. He was biting his lips while Somon Sekdah was still threatening him. Nabilah told Somon why he was doing all these in front of the kid. Then Somon continued driving and told PW3, if he talked too much, he will kill him and threw him in the sea no one will be able to save him from his hands. The President of Vanuatu, Prime Minister and law enforcement officers like police officers are his friends. They knew him very well. When he approached them for any purpose, they gave their chair for him because they knew Mr Price is a big investor. Somon Sekdah told him not tell this thing to anybody and that PW3 must follow the instructions Somon Sekdah gave. PW3 said his pain was inside his chest. He could not express it. Somon Sekdah dropped Nabilah and Kamrul at his house at Elluk. He then took him (PW3) to his office next to Traverso (Port Vila). Ibrahim was still with them and he came with them in the office.
     
203. PW3 testified that Somon Sekdah went into his office while he (PW3) was waiting at the ground floor. While he was waiting, Somon Sekdah called Palas into his office. 15 minutes later, Palas came back to him (PW3) and asked for his passport, tickets and US$ 2,000. PW3 gave these to Palas. Palas asked him to go to Somon Sekdah’s office, Somon asked Palas to close the door inside the office. Somon Sekdah was sitting in a roll chair and was smoking by the left side. The rolling chair was like executive chair and the other hand was sipping a red bull (expensive drink). PW3 was standing in front of Somon Sekdah’s table. Palas was standing close to him. Somon was sitting in the chair, crossing his right leg on his left leg and asked him (PW3) whether he had any idea about his power. PW3 answered no. Somon Sekdah told him if he wanted, he could put him in jail for the next day for the rest of his life. Then PW3 said Somon threatened him that PW3 had seen already some kind of actions, so it is better for him not to complain about anything. PW3 begged him (Somon) that he had a business. He came to him (Somon). He did nothing wrong. He pleased him to forgive him. Somon Sekdah told him, he knew how to manage people. Somon Sekdah did not want any Bangladeshi to be punished by Kaily (meaning black skinned people). Somon Sekdah said if necessary, he (Somon) will beat torture until death and still he (Somon) did not allow any kaila to touch any Bangladeshi people who were working under Mr Price Company. PW3 said Somon threatened him also by different ways, like, killing and hanging his dead body in the jungle. As Somon repeated the same kind of threats and reminded PW3 of the consequences if he did not follow him (Somon), this was going on for long hours, PW3 thought that Somon might have group of people doing this kind of torturing because of the way Somon was acting like a gangster but not a businessman.
     
204. After this, PW3 said he followed him. He followed his instructions. He will not disobey him. Then Somon asked him how much money he had paid. He told him 900,000 BD Taka. Somon asked him to pay another 300,000 BD Taka by the next day totaling an amount of 1,200,000 BD Taka. He told Somon that Shohag and Alal told him that he could pay this amount within a week after he arrived in Vanuatu. Somon Sekdah told him to forget about the rubbish about what Alal and Shohag told him. It is his company. He is the only decision maker. PW3 needed to talk to his family if they are able to manage to pay them they will do so. After this, Somon went outside his office. He went out. No one came and talked to him. Only Ibrahim came to him and asked him where he came from. He asked him about his village name. PW3 told Ibrahim, the name of his village is Singnabut. Ibrahim was telling some other places near the village. Ibrahim was saying sorry for what he did to him. He said he was instructed by Somon Sekdah. Ibrahim also was asking for forgiveness and requested PW3 not to tell anyone of what he did to him (PW3). If PW3 did do, the consequences will be very dangerous. Ibrahim had just warned him this way.
     
205. Then Somon Sekdah called Palas to tell PW3 to go to the office again. Somon sent Ibrahim to bring Nabilah to the house. Once PW3 entered into Somon’s office, Somon tried to convince him doing business in Vanuatu is very profitable. It is very easy to make money here. Within few years, PW3 could become millionaire if he joined doing business with him. PW3 asked if the market is ready to operate, Somon replied, it will be starting very soon. Somon asked him what he wanted to do, a job or business. PW3 told Somon to observe the situation for a week and will let Somon knows of what he will do. But Somon told him he needed to give the money to him (Somon) if he wanted to do business with him (Somon). By the time, PW3 told Somon he will do business with him as per the conditions by Shohag and Alal that he will supply garments products to Somon. Somon got angry and told him why he referred to Shohag and Alal when he told him (PW3) to forget these things of Shohag and Alal.
     
206. Somon told him to pay 500,000 BD Taka, Somon will provide the items and PW3 will pay from him. Somon told PW3, he will pay minimum 500,000 BD Taka to join business and Somon will supply the items. PW3 said Somon was trying to convince him that it is easy to make money in Vanuatu because people in Vanuatu are stupid. He illustrated this that they could sell 100 of top they would be able to set it 500 Taka. PW3 clarified that selling item worth 100 Taka for 500 Taka. PW 3 said Somon continued to say that the Kaila were stupid so you can cheat on them very easily. He (Somon) had visited more than 100 different countries like America, Europe. He had seen many things and he had experience for doing business for a long time. Somon said he did business in South Africa. He had 80 shops, that people there are black people, he can cheat on them. White skinned people are wise. They have ruled the world for many long times. They are still dominating the world because they are whites. So it is not possible to make business there. That is why he had selected this country. Somon went on the say that his next project will be in Australia, there will be 250 shops. Currently he was having many contracts with the government of Vanuatu like police and government ministries like in Parliament house, with new building and renovations, Somon wanted to bring more people from Bangladesh. Somon asked PW3 if he had families or relatives he would bring to him (Somon). PW3 told Somon to think about it, while behind his head, PW3 said Somon was lying. PW3 said Somon’s morality base was not like a business man because he tried to cheat on others he was thinking, Somon might not be a businessman, and he might be a human trafficker. From Somon’s office, PW3 went back to Pango house as it was evening time.
     
207. PW3 spent 2 months at Pango house. There are 2 houses at Pango. He spent the first night at the house at the right hand side. The next day he was transferred to the other house on the left side (Exh. P4 at page 9 photograph 3). The first night, he shared the room with 6 people. The next day he shared the room with 2 people. He described the room as of 10 x 10 or 11 x 11. He said he was isolated from others. He should not talk to others. He was instructed by Anowar Hossain not to talk to others. He got hat instruction from Anowar on the first night. Anowar was explaining not to get together with people like him (PW3). So the next day he was isolated in room in the other building. He said Farid Uddin was place with him. He thought Farid Uddin might be instructed by Somon Sekdah to look after his movements – what he did, when he talked and who he talked to like spying. That was his belief. He identified Anowar in Court. Anowar was in charge of the house. He was so close to Somon Sekdah. Anowar was controlling others. He explained that Anowar told them not to go out. If there is any gatering, Anowar would tell them not to gather together. Anowar would tell them to so inside that room. Anowar also indicated that if anyone is not following his instructions, he will be reported to Somon Sekdah.
     
208. Apart from these rules there are other restrictions written sign or written paper on the wall. It was typed. The notice was near the room of Anowar. The first night he slept in one of the 4 rooms of the house. Anowar has a room for himself. The typed notice instruction was in the open living room on the wall in an area where everyone could see. He saw the instructions the next day. He was shocked and he did not talk to others. He spent his first night in House No. 2. Anowar’s room is in the House 2. He moved into house No. 1 the next day. Anowar’s room is on the left side on the bottom, the witness marked it with (“A”). The Notice was outside the other door not the door of Anowar’s room. They used to have their lunches in the living room. The typed notice was on the wall in the walk way into the living room. The notice can be clearly seen by the people. Anowar’s room is R4. Once we enter the living room, the notice is very clear and visual. He occupied R2 in the House No. 1. But the first night he occupied Room 1 (R1) which is opposite to Room 4 (R4) (Anowar’s room). People in house 1 and house 2 have their food in house 2. In October 2018, 16 people in house 1. Similar number in house 2.
     
209. PW3 gave evidence of the content of the notice. He had a copy of it. As far as he could remember –
     
     • There will be no complaint against the company food whatever the company provided you must take;
     • The second rule – there will be no personal cooking;
     • The third rule – no gathering;
     • There will be no use of air condition, water heater after 10:00pm switches must be turned off;
     • No one is allowed to go outside and walk at night;
     • Without reason, no one is allowed to go into another room;
     • No one is allowed to go out of the house without permission;
     • No one should have any argument with any supervisor;
     • One should respect the senior it the higher commandment;
       
210. Anowar was the supervisor in the two Pango houses. Every house has supervisors. He stayed in Pango house for a month. He arrived on September 2018 and he escaped in early October 2018. When he was at Pango house, Anowar came to his room and checked. Anowar also instructed what to do and what not to do. Anowar did this to everyone. It is well known by all of them that if anyone is not following the instructions, Anowar will complain to Somon Sekdah and Somon Sekdah will “button” the person. This means that the person will be beaten up. As to who was going to do the “button”, PW3 said the time he spent there at Pango, he got the message from others that Somon Sekdah got 15 – 20 people who are very close to him. These people followed Somon Sekdah’s instructions whatever they are. Some of them used to torture others. Some of them were spying on others. Some of them use to tempt people. Some others were supervisors and staff. Palas and Anowar are part of those groups of people. In the day time, he was not used to talk to others. Anowar used to follow him most of the time, not only him but others also. He used to intervene and send people to the person’s room. That is why it seemed something wrong while they are not allowed to tale with others friendly. Since most of the people have no job, they just stayed inside the house. The people living in the house have no language barrier; they are from the same country. So at night when most of the people went for sleep, PW3 secretly call somebody in the other room by late night and asked what was going on in this company Mr Price. Sometime some people did not agree to talk to him or tell him he will have problem. PW3 said when people are willing to talk to him, they talked at night and they told him of what happened to them. They were horrible and shocking.
     
211. Regarding the food, PW3 had his own experience of how he was starving. The food was just 2 round cabbages for 16 persons, boiled in big pot with water with salt, tamarin powder, chili powder. Two spoons of rice in a plate. It was tasteless. No meat or very rarely. He said 2 weeks after his arrival there was a full cow brought at Pango huse at late night. It was around 11:00pm, Anowar called him and told him to take part in the process of the meat which PW3 said he was not used to. If he did not take part, he would not have the beef. He was forced to do the job as he had no choice. He processed the meat with others until 3:00am in the morning. The next day he was served with 2 – 3 pieces of beef for several days.
     
212. He described the bag was very smelly. The cow’s stomach was swollen when they processed the meat. The cow was very smelly. He found out that the cow might have been killed before the processing. It was open in the open place for a long time. Sometime, they killed the cow. It was not brought in the daylight as it was not allowed to process the cow as it is against the environmental rule, public health. That was why Somon Sekdah chose the night time to process the beef. For the food safety and hygiene, nothing was followed up so once they cooked the meat, it was smelly like rotten. PW3 had vomited twice after eating beef but he said there was no option to make a complaint.
     
213. In terms of breakfast, he was never given any breakfast as Mr Price Company did not provide any breakfast. That was what Anowar told him, although he wanted to buy for his own. People who were not working for Mr Price were not provided with breakfast. They were about 15 – 20 people in the 2 houses at Pango. Others who worked were given breakfast. He saw they had been given bread.
     
214. About lunch, he was given rice with boiled cabbage sometime with smashed papaya. Sometimes rice wich just socked in water even without salt. As to the quantity of food, he had only a place one time. No extra. It was not enough. Even though he was hungry, he could not eat.
     
215. As to the job or work, Mr Price Company was pressurizing him to give him more money to join as a businessman with him. Mr Price wanted him to give 500,000 BD Taka. PW3 did not pay any money for the business. Anowar was asking him several times for this business money. On 17 October 2018, Palas came to Pango house, talked to Anowar and Farid Uddin that if PW3 did not get the money for business by the next day (18 October 2018), he will be pushed out from the house and Mr Price will not provide any food for him and Mr Price will not be responsible for whatever happened to him. PW3 said that he was aware that 20 other businessmen have been waiting for more than a year, some 10 months, others 6 months. They were like captive. Somon Sekdah gave them false promises.
     
216. Some were waiting for starting business as Somon Sekdah was promising them; some were waiting to be sent to Australia as Somon Sekdah had promised them. Others became very sick by having not enough food to eat on top of bad quality food (PW3 termed this an embellished nutrition).
     
217. When he stayed at Pango house, PW3 said he was forced to cook for these people working in the renovation work like 60 people even though that was not any conditions he had with Mr Price and never a condition when he left Bangladesh. He was cooking for 60 people when the renovation work took place at Pango for several days. Sometimes he cooked lunches, sometimes he cooked dinner. It was assigned by Anowar to him. He had experience in managing catering and looked after the food safety and hygiene in South Arabia for almost 25 years. He had managed bakery and catering for 7 years, worked in shopping centres as bigger than Au Bon Marché No. 2. He had used to manage businesses for company for a long time. The bakery and catering he had work for were more than 5,000 people a day. In Saudi Arenkor, he has the certified copy of his food safety and customer care for that company. When he cooked for people at Pango, he was not paid by Somon Sekdah. Palas came to Pango house on 23 October 2018. That same evening, Somon Sekdah came to Pango house with the following: Ibraihim (driver), Moinul, Palas, Ashraful Alam, Shafiqul Islam, Nacir and 3 or 4 others. This was in the evening. Anowar joined them. Those people worked with Somon Sekdah most of the time like body guards. Those are the people Somon Sekdah used for the purpose of threatening, torturing and following up on other instructions when they came in, Anowar called him that Mama came. Somon Sekdah came to have a meeting with him (PW3). The reason being that he asked Anowar to inform Somon Sekdah that he wanted to see him because Palas came the previous day and said if PW3 did not pay the money for business (300,000 BD Taka) he will pushed out from the house. The meeting happened at Pango house No. 1 in the living room (the house PW3 used to live in).
     
218. The meeting took place in the sitting room. PW3 sat on the floor and was circled by others; Somon Sekdah sat in front of him on a chair. Others were standing behind him, while one was holding the packet of cigarettes. Others brought on ashtray and placed it on the table which was in front of him. Somon was smoking while PW3 was sitting and Somon asked PW3 what he wanted. Others were sitting some standing close to Somon Sekdah.
     
219. PW3 responded to Somon Sekdah that Palas came and told him the other day that if he did not pay the money for the business, he will be pushed out from the house. PW3 told Somon Sekdah that that was not his condition, why Somon Sekdah was pressurizing him for just giving his money for business purpose. PW3 pointed out that he had already paid Somon 1,200,000 BD Taka by selling his land and taking loans from others. His family was unable to give more money. Since he was mentally and physically tortured by Somon Sekdah, he decided to go back home with his family. He wanted to see his old parents and be with them. PW3 pleaded Somon to allow him to go back home.
     
220. Somon Sekdah responded to PW3 that it was not a children’s game and things were not happened as they wanted. Then Somon Sekdah told PW3 that he came on by his own wish but he will go back by Somon Sekdah’s wishes wheter life or dead. Somon Sekdah told PW3 that he had a prupose to bring people here to gain money. PW3 told Somon Sekdah that he had given already 1,200,000 BD Taka. It was his losses not Somon Sekdah’s. Somon Sekdah got angry and sait that this was not a matter of 1,200,000 BD Taka. He (Somon) had spent many more money in diferent places, he mentioned different countries, different immigrations. Somon Sekdah mentioned also that he had spent money in Vanuatu for the ministers and different officers in different offices. PW3 told Somon Sekdah that he did not have anymore money or his family. Then Somon Sekdah told PW3 that he knows everything about PW3’s family, even the door of PW3’s house, and if he did the ohamer, it will not work. Somon Sekdah said he knew how to get the money. If necessary, he will do anything he wanted like hanging PW3 upside down, torturing him until death, taking photographs of the scenery and send it his family. Money came very easy. Somon Sekdah told PW3 not to pay with him. No one could save PW3 from Somon Sekdah in this world. PW3 said he did not answer him. He was thinking about the others, how they were beaten and he remembered of his first arrival in Vanuatu when he was beaten without any reason. Somon Sekdah asked him to change his decision or faced the consequences. PW3 told Somon to think about it. The meeting is over.
     
221. In the night, PW3 said he could not sleep as he remembered his old father and his children. PW3 added, he was thinking of what he had heard from others, how they were treated, how they were tortured. Some were very sick; they wanted to go back home but Somon Sekdah refused to allow them to go. Thinking of his own situation, he might not be allowed to go back like the others. So he was thinking how he could escape, even if he faced the death he will try to escape anyhow because he was dying to death day by day, by starving, mentally tortured with the pain of humiliation. He could not sleep. He was just standing remembering his innocent children and old parents. He then realized that there was more than 100 people suffering in different houses, no one could escape, no one did anything for such a long time because everyone was threatened and controlled by inhuman tortured physically and mentally so he decided he had to go anyhow to save himself and to save those others who were crying and begging for help. So he told them to wait and pray to God as God is the only savior. He will try his best, even with the risk of his life.
     
222. Few who he had talked to, listened to him, namely, Salim Babul Mia, Amihr Hossain Howlader Rohul (senior), Ala Amin Atiqui Rahman Shegi. They lived at Pango house. PW3 was also able to communicate with those not living at Pango house. He communicated with those when they came for renovation work at Pango during breaks or lunch times. He did so discreetly and obtained information bit by bit.
     
223. PW3 escaped on 27 October 2018 after sharing his plan with two others and they agreed with him. He escaped in the early morning through the small gate on the side of the house when the guards were sleeping. He went to Port Vila station. He escaped with two (2) of his friends, Farid Uddin and Kamrul Hasan Miah. Few days later four (4) others joined them at the Police Station; 2 or 3 other followed and a group of 9 persons joined them after. At the police station, they hugged each others and cried. They suffered for a long time (Exh. P4, pp. 27 – 28).
     
224. PW3 said he went back to Tana Russet Plaza where they constructed the shops. He was shown Exh. P4 p.19, he commented that this the front part of the shopping centre, how it would be. At pp. 21 and 22, he commented that these are sheds Mr Price made to do the business. It was plastic shelf on the tope and steel bar may be 2/2 or 3/3. He was shocked as how could it be possible this kind of shed was made to run the business for a long time. It seemed to be a mockery, playing with weather like cyclone, storms and the government of Vanuatu. He was shocked because this was a temporary shed. It would be blown up by strong storms. The shed will be broken during raining seasons and water will come through very easily.
     
225. PW3 said one of the reasons for his escape was that he came to know and realize that it is Mr Price’s pre-plan to deceive the people of Vanuatu and targeting the innocent people from Bangladesh. He got a voice message of Somon Sekdah while Somon Sekdah was talking to his associate Mr Shohag. Somon Sekdah instructed his partner to get the passports and to get many as he could. Money is not the matter, grabbed the passports first and in December 2018, he will be caught.
     
226. PW3 visited the Tana Plaza on 20 September 2018, the day after his arrival in Vanuatu. In June 2018, when he was still in Bangladesh, he was told ships will be opened soon. Exh. P4 p. 22 photo A shows the stage where the market was when he observed on 28 September 2018. But before he arrived, the picture sent to him was totaling different, when he observed the shop construction picture A (at p.22). But to him said the construction was completed and the market will be opened within week after his arrival. The shops were not completed at the date of his escape on 27 October 2018. Most of the sheds were broken by the weather and rain, not completed.
     
227. PW3 said the following:-
     
     • (i) The thinking about Mr Price – what actually he was trying to do;
       
     • (ii) PW3 described himself how his life and his family life were affected. First of all, he gave a picture of Mr Price pre-plan of deceiption. At first, he said he took the name of Mr Price company which is very well known around the world;
       
     • (iii) He selected a country where people are so kind has generosity and friendly behavior. In his belief, Somon Sekdah, Nabilah, Taibur, a group of heinous criminal doing human trafficking, money laudering, and slavery. They have well experienced in this ground;
       
     • (iv) This is not the first case; they did the same thing in the past. He believed, they are well arranged. They did have chain in command. They did have link with under-world criminals. At the first, they recruited some people – those are believed to be trust worthy;
       
     • (v) Then, Somon Sekdah asked them to recruit some of their relatives, family members and friends to make understand to others it is safe and will have good life if they go to work with them;
       
     • (vi) This is how, he started his plan in Vanuatu at first recruited Palas (Barisel District) and another one Shohag (Tangail District) and then those two (Palas and Shohag) recruited their own family memebers, friends, relatives by tempting and telling false stories. They were once coming in first, Somon Sekdah treated them well and fed them well and asked them to spread this message back home to attrack and attempt more people. Once they come in, Somon Sekdah started controlling them, threatening and torturing them day by day, the number grown up group by group.
       
     • (vii) This plan was as an example, collect 500,000,000 millions from others, spent 200,000,000 ti make the government of Vanuatu understand and brain wash by his deception buying a market shed, never was his intention to last for a long time. Keeping others waiting by telling Mr Price coming soon, opening soon, months after months, more than a year had passed never opened that business because behind his head, he had his own secret plan.
       
     • (viii) Once he reached his target he will leave this country and leaving the innocent victims in Vanuatu. But thank God his plan did not work.
       
     • (ix) Second thing, he said, by deception of Mr Price, he had lost his finances and everything which he gathered sharing his blood and swet by hard work day and night for the last 20 years. He had lost everything because of the trap and deception. It was not only affecting his life but it affected innocent lives, his old parents were struggling back home with difficulties of financial support. He had loaned from the bank and taken loans form others whose burden is getting more day by day. The effect of these deception impacted his whole life and his family life too and they affected hundred family lives too;
       
     • (x) He felt helpless as a son to his parents. He felt worthless from his wife. He felt a worthless father with innocent children as they are struggling and suffering. He could do nothing for them. But he had good family life which was destroyed by criminal group like Somon, Nabilah, Anowar and Palas group. His request to the court was that this group of criminal must be punished with exemplarity. They should be in jail until their death so no other innocent people will be destroyed by them;
       
     • (xi) Now he requested for his life safety. He requested the government of Vanuatu, grand him citizen in Vanuatu, to allow him to live with this kind, generous and friendly people. Further, he requested his family be brought to Vanuatu so they can live together with dignity and honour. By doing small business or job. He was the person who had complained against Mr Price Company and Somon Sekdah and who had doing big criminal activities in this peace loving country in the Vanuatu soil. If he did not take the risk of his life, this criminal group might have continue with their crimes on the Vanuatu soil which might caused loss of many lives. Also Mr Somon Sekdah must have planned to take a big loan from Vanuatu banks by his deceptions and escape from Vanuatu and made his plan success. These did not happen. At las he thanked the law enforcement officers who helped him a lot and who worked day and night to find out the facts and arrested the criminal Somon Sekdah, Nabila and their associates. He thanked the government of Vanuatu for supporting the victims and he thanked the kind and generous people of Vanuatu who came to them time to time with help.
       
228. PW3 (Mr Shahine) was cross-examined by Mrs Karu. He confirmed his evidence in chief. He never knew Palas before. He was escorted by Josim for Dakha to Golgotta. Josim did not travel with them to Singapore. He has conversations initially about his travel arrangements but Josim has told him he was Palas’ borther. But he came to have known that. He maintained Josim was Palas’ brother because Josim have told him so (in his conversations with him at Dakha station). He did not like sharing the room with 7 persons at Pangi house in a room. That was too much. He was put in another room with Farid Uddin. Anowar made others followed the rules. He did not know who put the notice on the wall. Anowar never followed the rules as he cooked for personal food with the others who are close to Somon Sekdah.
     
229. On the notice, there was a kind of signature at its end. He could identify. He accepted Anowar never complained of food. He saw Anowar gathered with other as it was alright for him. He did not see Anowar using the air condition and water heater after hours. As to the use of the ventilator, Anowar did not complain. As to the rule no one is allowed to go out without permission, he denied that that rule applied also to Anowar. As to the food, the company paid for the food, people like Anowar did have personal right since he was in charge. Anowar used to eat the same food but he cooked his own food with his friends. He denied that Farid Uddin is related to him but Farid is his friend. They were attending the college together. He accepted that all instructions given at the house were from the company boss. Anowar just followed the instructions. This also included Palas as they were supervisors, they got instructions from the company boss.
     
230. Cross-examination of Shahine PW3 by Ms Nabilah Bib. He was shown MFI1 (Exh. P8). PW3 said Alal recruited him for Mr Price Company. Alal did not receive all the money he paid. Alal received only part but not all. He was asked and he said Kamrul Sekdah is Somon Sekdah’s brother. He knew Farid Uddin for 20 years and called him Dipu Mama (as brother of mama – that does not mean all mamas are brother of mama, they also called mama cousin borhter). He was questioned about Alal and he confirmed in the centre he had a shop to organize to travel to come overseas. At that time Farim Uddin was in Vnauatu and he did not know that Farim Uddin was in Vanuatu. Farim Uddin told him when he arrived in Vanuatu that he (Farim) was here for 3 – 4 months. The terms and conditions of his travel arrangements were provided to him by Alal and Shohag. Shohag at the time of conversatopm. Was wotj Farid Uddin in Vanuatu. Alal explained to him he recruited people for Mr Price Company and Shohag, his brother-in-law, is working in Mr Price Company. Kamrul Sekdah, Somon Sekdah’s brother, used to do the official work from Dakha. Locally, in Bangladesh, they did not have any office.
     
231. He was asked as a businessman why he did not sign a written agreement. He answered because he was supposed to visit Mr Price as a visit trip, Mr Price will arrange for visas and other documents. He said he was not supposed to be their contracted worker, so he did not make any contractual agreement in writing. But he said as for payment, when he paid the first payment to Alal, he got a receipt of acknowledgment about the payments from Alal on behalf of Mr Price. Alal was also linked with this case and was arrested in Bangladesh and Alal was still in custody and this case was also going on in Bangladesh. Shohad was also arrested. Shohag’s father was arrested because of his recruiting and doing deception with innocent people. PW3 said he had their photographs while they were in custody. He confirmed his evidence that the first receipt was handwritten receipt from Alal. The acknowledgment receipt did not bear the stamp of Mr Price as the office is not there in Bangladash but Alal was working for Mr Price. The second payment was made in the account of Zhen, Alal’s wife (Shohag’s sister). They collected money on behalf of Mr Price. The third receipt was from an account provided by Alal, Shohag, and Farid Uddin from Somon Sekdah. That is what they informed him of it. The fourth receipt was paid in the account of Lal’s Beggem (Schohag’s wife). Receipt No. 6 was deposited by one of PW3’s friend ( Kamrul Hasan Miah) who came with PW3 in Vanuatu and they both made the payment together (and sometimes Kaumul Hasan Miah Nick filled the form). He was challenged as to the accounts but he maintained that Somon Sekdah provided the account through his associates. The account holder had a link with Somon Sekdah. Money was deposited at Brac Bank or Dush Banglada. Alal, Farid Uddin and also Shohag gave them the accounts for payments of money. PW3 said he had cross-checked with Alal, Farid and most of the time Shohag to make sure the information was correct.
     
232. He maintained his evidence that Shohag was in vacation in Bangladesh in August 2018. But he said Shohag was still on contact with Mr Price of Somon Sekdah. Farid Uddin was in Vanuatu by that time and so whatever message he was passing to him, Shohag had gave him the same message. He was of no doubt that Shohag did have contact with Somon Sekdah in Vanuatu. Shohag confirmed these to him when he met him in Bangladesh.
     
233. He was asked as to why he paid a large amount and did not have a written contract, he responded, he went to see Shohag and asked him all the terms and conditions why he had to pay the amount like 1,200,000 BD Taka for the travel arrangement. Shohag informed him that the money was not only used for travel arrangement as Mr Price will provide also business cards which will cost more than 5,000 US$ for a business card. PW3 will be able to travel to different countries like Australia, and wherever Mr Price has business. Shohag added PW3 will be able to come back to Bangladesh and visit Vanuatu whenever he wanted. At that time Shohag also mentioned the name of Nabilah that she often travelled to Australia for the purpose of business and that Nabilah is smart to deal with everything.
     
234. PW3 also maintained his position that when he was in Vanuatu, he had asked Somon Sekdah if he had received any money he paid. Somon Sekdah confirmed he had received PW3’s money. He was asked and he repeated his evidence that he first gave his passport to Alal who was working for Mr Price and he received his passport form Kamrul Sekdah at Dakha for the purpose of Indian visa when he travelled. Somon Sekdah’s picture was sent to him before he came to Vanuatu.
     
235. Despite the challenge that he has no written agreement about the provision of the food, PW3 said that Shohag and others all said food will be provided by the company. He was asked again, he maintained that Kamrul Sekdah is the brother of Somon Sekdah (they both have the same surname) and Kamrul Sekdah told him (PW3) Somon Sekdah is his younger brother. He talked to Kamrul Sekdah about Somon Sekdah. They got information about personal things and their relatives. They did so by asking names of the father, brother and how they live. PW3 said he did not need to have a written paper to prove what Kamrul Sekdah was saying to him that Somon Sekdah is his younger brother. Mr Kamrul Sekdah and Mr Josim was representative of Mr Price and were assigned by Somon Sekdah. On the way of travelling, the company or travel guides or escorts will provide food and accommodation and that were part of terms and conditions. So PW3 said he did not pay for the food.
     
236. PW3 was asked and he confirmed that he was given 2,000 US$ in New Delhi (India) and he was instructed to carry it for Somon Sekdah to Vanuatu. PW3 also said he carried his own things, new clothes brought as samples to be shown as his products to Somon Sekdah for the purpose of making business with him. The 2,000 US$ were taken away from when he arrived in Vanuaut. The 2,000 US$ he carried was given to him by Kamrul Sekdah and Josim. Kamrul Sekdah held a meeting with them at Delhi and gave them instructions was to carry 2,000 US$, not to spend or lose it and at the arrival to give that money to the owner of the company or his nominees. PW3 said he had Mr Price company multiple business visa. The letter was provided to him while he was staying in Delhi at New Oxford Hotel by Kamrul Sekdah and Josim. In the plane, the food was served. It was at Singapore airport that he asked Kamrul Sekdah for food as they had long hours. At the immigration, before departures, the checked as instructed (Singapore and Fiji). In Vanuatu customs officers asked that he paid taxes for the new clothes. He explained to them that they were just samples and not for the purpose of selling. He confirmed that Nabilah and Somon Sekdah came to receive the clothes from the customs. The customs had aske to pay for the tax. Nabilah did not pay the tax. Nabilah asked the customs to keep the garments and that she will come back the next day to collect the clothes after paying the tax.
     
237. He confirmed his evidence that when he came outside the airport, he followed the instructions of Somon Sekdah to follow him. He saw another person. He did not know his name. Later on, he came to know his name – Ibrahim. Somon Sekdah, Nabilah and Kamrul Sekdah were there at the time. He confirmed his evidence that Ibrahim assaulted him when he entered the care and while he was in the car driven by Somon Sekdah. He said he was taken as hostage captive. He said he has no right of movement or freedom of speech. He was threatened. He did not have any change to go for medical check or make any complaint in the situation he was facing at that time. Somon was using Ibrahim to beat PW3 at that time.
     
238. PW3 gave evidence that few months ago; the bank seized and sold his property as a result of this case. His family could not manage the business and they could not continue to pay the instalment to the Bank. So the Bank filed a case against him (PW3) as the defendant. The bank seized and sold out the business machinery and other related materials to the business factory. He was referred to his statement, and he answered that he said he was closing his business because the person he put to run the business cannot run the business and his family cannot afford to repay the bank instalments. These are his machinery to produce the garments and other items plus the stock related to the business.
     
239. He was asked and he said to his understanding and from his experience, people he spoke to were under threats or pressure not to disclose anything back in Bangladesh that is against Mr Price Company. He added he came to know that some of the people were close to Somon Sekdah, they did so because of threats or mutual understanding for their own interest. He was asked again and he confirmed that Palas asked him and he gave US$ 2,000 to him. Palas was the younger brothe of Josim. Palas was collecting the US$2,000 on behalf of Somon Sekdah after calling Palas in his office on that first day of PW3’s arrival in Vanuatu.
     
240. He was asked and he confirmed his evidence of the Pango house (house 1 and house 2) and that he had asked Babul or Farid Uddin to sleep with him in the room because he was scared to sleep alone. When he arrived at Pango, there were 40 – 50 people. Few days later, these 40 – 50 people were transferred to different houses. He was asked he did not agree that there was no CCTV camera to watch on him in the house. He was asked, there was no security guard. He said he did not agree as there was Anowar who worked for Somon Sekdah and who looked or watched on people 24 hours and to report to Somon Sekdah. There was no lock on the gate but it was closed everytime. He never went close to the gate locked or not locked. He accepted he escaped from the gate behind but not the main gate. People are surveying others. It was suggested to him and he denied and disagreed that he had his freedom of movement to go everywhere. As to cooking the food, he confirmed his evidence; he was instructed to cook what he cooked. Somon Sekdah was not staying with him day and night. I had arguments with Anowar at Pango house over his instructions. He had Anowar’s permission to go out twice. When he was going outside, somebody was standing with him. He denied the suggestion that, there was no condition imposed.
     
241. Cross-examination of PW3 by Mrs Karu on a specific point involving Palas inside Somon Sekdah’s office. He was asked and he accepted Palas was inside Somon Sekdah’s office. It was suggested that the US$2,000 was given to Palas inside the office and PW3 answered that the money US dollar was given to Palas outside the office room. Palas came out from Somon Sekdah’s office room and asked him to hand over the US$2,000, his passport and travel documents. Once these documents were handed over to Palas, Palas went back to Somon Sekdah’s room. Later on, Palas came back to PW3 and asked him to go inside Somon Sekdah’s office. He denied that he handed over the money and the documents to Somon Sekdah by placing them on the table inside Somon’s office.
     
242. PW3 was re-examined by the Public Prosecutor. He was asked to explain his answer to a question by the defence counsel (Mrs Karu) that he believed Farid Uddin was there to keep an eye on him. He said he remembered Somon Sekdah told Farid Uddin to look after him and Somon Sekdah told Farid Uddin to send the account and other information to him. Since the situation ws very difficult for him, still he did not give him any message to indicate anyhow, he throught he should have done. Tht was the basis of his belief.
     
243. On the notice at Pango house, he saw the notice, no one told him about him. He was asked to explain why he started to say something about Anowar Hossain. PW3 replied the first day of his arrival, Anowar has given most verbal instructions. At the time, most of the men who come with him to Vanuatu at least 10 were there. Anowar did not mention about the notice. But the next day he saw the notice. It was the same instructions that Anowar was given the previous night. As to why Anowar never complained about the food, PW3 said this was because Anowar was working and was in charge of the house. He was one of the trusted people of Somon Sekdah. Anowar had freedom of movement. He could cook his own food with his friends who are close to Somon Sekdah like Monir, Sakib (brother-in-law of Shohag) and few others.
     
244. He was taken to Nabilah’s question when PW3 referred to a document in Exh. P8, PW3 said Alal was not the only recruiter there were also other. He was aske who were the others. PW3 answered that he came to know that Somon Sekdah used several people like Monir who recruited 13 or 15 under the pressure of Somon Sekdah, Nure Alam, Kansan (tall one), Jamal and some others.
     
245. On the relationship between Kamrul Sekdah and Somon Sekdah, he said that Kamrul told him that he was the brother of Somon Sekdah, and he was asked to clarify where did he tell him this and when. PW3 answered that the first time was when PW3 met him (Kamrul Sekdah) in Dakha for the purpose of Indian visa. Kamrul told him that he is Somon Sekdah’s borther. The second time that Kamrul talked of his relationship with Somon Sekdah was when travelling from Dakha to New Delhi. They are both full brother, also Kamrul mentioned that he went to South Africa and worked with Somon Sekdah. PW3 added that Somon Sekdah also has told him. Kamrul mentioned he is the brother of Somon Sekdah when they travelled by by train. PW3 responded that Somon Sekdah himself told him that Kamrul Sekdah is his brother. This was on 28 September 2018 in his office. Somon told him they are four (4) brothers. One of his brothers was involved with fake US Dollards by American immigration. Somon mentioned also that he did business in South Africa. Somon Sekdah and Kamrul escorted him with others. Somon said he could not give enough time to his brother because of his business while Kamrul was at his house staying in the same house with Somon Sekdah.
     
246. He was referred to a document shown to him by Nabilah in his cross-examination by her. He said he had the document. The document was not done by him. It was done by Kamrul and Josim without his consent. Kamrul and Josim gave him the document when they were in India. They did not explain to him the document and its purpose. He was asked of his impression. He said he saw the document as a falsification to cover up the US$2,000 and legalized his situation to carry the US Dollards with him. He said it was a false document and they gave it to him when they handed over his passport and Mr Somon’s multiple visas. He was asked whether he had been given similar document by anynone before this trip. He answered positively (yes) when he was going to apply for Indian visa. Kamrul Sekdah had provided him with one bank statement bearing his name from the bank at Dakha. PW3 said he did not have an account in that bank. There was a bank account bearing his name. How this was possible as he did not have a bank account in that bank. Kamrul told him he did not have to think about that. PW3 asked Kamrul, if the Indian Embassy asked, what he would say? Kamrul told him, they will not ask anything as they have arrangements with their bank officers.
     
247. He was given other similar document. He was given a garment factory certifate as a manager for purposes to travel to India but he never worked for that company.
     
248. At Nadi airport, Nabilah suggested PW3 went through immigration on his own. PW3 answered yes as instructed. PW3 was asked to clarify what those instructions were and who gave them. PW3 said the instructions were given by Kamrul Sekdah and Kamrul was indicating which line should PW3 stand or which officers should PW3 passed through. He must not answer the questions. PW3 and all of them were instructed not to speak English. If they asked them questions they answered in their Bangla language. Kamrul Sekdah will come and solve the problem.
     
249. As to sale of his business in Bangladesh, he explained some of the things have been of these things, machine to produce garments. How many? PW3 said he had different types of sewing machines like playlocks, overlocks, plain machine, printing machine, finishing set, steam boiler, 60 all together. PW3 was asked to clarify other material he mentioned and what kind of those. PW3 answered stock of fabrics to make garments. Different types of clothes already made. Spare parts of the machinery. Trade parts and accessories relating to garments, printing frame, printing tables, computers, scanners, printing machines and ceiling fans and many other things.
     
250. He was showing Pango houses 1 and 2 (house 1 on top and house 2 down). He was asked to clarify and he said there were 3 gates. One gat is near house 1. That is the main gate. PW3 illustrated this by using the diagram at Exhibit P4 (page 10). A gate is on the left side to seaside. That gat is not shown on the diagram. A small road has access to the same main gat. He opened the other gate to the sea to Erakor direction which is on the left side toward the jetty to Erakor resort. He walked out from house 1, turned right. He went to the next house close to the beach.
     
251. It was put to him that he threatened members of Somon Sekdah’s family (Mito and Tasfea) have been questioned by the authorities in respect to that. PW3 said no and he denied doing that.
     
252. As to the suggestion by Nabilah that he was free to go everywhere, he said no and Nabilah stopped him. He was asked to give his full answer. PW3 said many times, he asked Anowar that he needed to buy breakfast since Mr Price did not provide for any breakfast. Everytime Anowar stopped him to go out. He did have the permission. Anowar also said it was the instrucitons of Somon Sekdah. Even during day time. PW3 confirmed that if Anowar found out that 3 or 4 of them were talking together, he stopped them and asked them to go back to their room. While the renovation works was going on, PW3 was stopped to talke to any workers who came from different houses. Also, he was instructed not to go and talked to them.
     
253. He was asked to clarify his response that Anowar did not allow because PW3 did not have permit, what kind of permit was that? PW3 said work permit or business card. Also he said Anowarmentioned since they did not have the passports with them. PW3 was asked about work permit and business card if he expected to have any form or by Mr Price Company. PW3 referred to the first meeting Somon Sekdah had with them. Somon Sekdah had with them. Somon Sekdah told them that once they finished with payment of 1,200,000 BD Taka, it will take 45 days to get the permits. After 45 days of working, once with the permits, they could start working. But it was not the condition he had from Somon Sekdah’s associates then back home in Bangladesh. The condition was within one (1) week of arrivals, they could start their work for htose who were working for the business, they wil be given the business and once they completed the payment of business money. But PW3 said he had seen people were waiting more than a year after the permit of business was promised, they never got anypermit or business card. These people are suffering.
     
254. PW3 (Shahin Mustafizur Rahman) is a genuine and a powerful witness.
     
255. Al Amin was prosecution witness No. 4 (PW4). He was 33 – 34 years. He is from Banidal Shokabpour. He did business before he left Bangladesh. The business was a kind of lift. He supplied Dakha, Silet, and Junarukat. He used the lift for eating. He lived with his brother and wife, their two sons and a daughter, his second brother and their children. PW4 explained how he got involved in this situation.
     
256. One of his friends Sokel told him that a cousin brother of his lived in Cuba, he wanted some people in Cuba to work for Mr Price. Sokel gave him the name of his cousin brother, Palas. Sokel told him that they needed to pay 12,000 Taka together and he will collect another 5 or 6 of them. He gave PW4 Palas phone number and PW4 talked to Palas. PW4 talked to Palas through IMO number. Palas told him so many things. Palas mentioned to him the travel process he needed to pay 12 Lak (1,200,000 BD Taka). The work for Mr Price will be for 8 hours a day. Food and accommodation will be provided by Mr Price Company. If PW4 did not eat the food provided by the company, PW4’s salary will be reduced to 80,000 Taka. If he eats the company’s food, his salary will be 50,000 BD Taka. He will be paid 50,000 BD Taka for every month if he eats their food. 80,000 BD Taka if he did not eat that food. Palas told him also about overtimes to be paid. Palas told him PW4 will go to Cuba and work for Mr Price Company there. Palas told PW4 to do restaurant work like waiter. PW4 told Palas he did not understand the language. Palas assisted him not to worry about that. PW4 and Sokel will go there. Palas told him that his (Palas’) other cousin brother Sojib was already there in Cuba. PW4 did not know who Sojib is but he kenw that he is Palas’ cousin brother.
     
257. Palas told him that to go to Cuba, he needed to pay money. He told him (PW4) to pay 1,200,000 BD Taka. In Cuba, there is job opportunity in Mr Price Company. He will work 8 hours a day, his overtimes will be paid and every week he will have 2 days off work. As to how he needed to pay the money PW4 spoke to Palas. Palas introduced him to this father (Palas). Palas then told him to submit his passport and 3 Lak (300,000 BD Taka) the first week of September. PW4 gave that money and his passport to Palas’ father. After one week, Palas told him to go to Indian Embassy in Dakha with 6 Lak as he had paid already the 6 Lak. Palas called him and provided a bank account number to him. PW4 deposited the money in that account. He deposited the money in Dutch Bangla Bank. Plus has the account number in his phone. He said without his phone, he could not rember the account because it is quite long. He recorded the account number after 17 November 2017 after he spoke to Palas. He would like to see the account number to refresh his memory (Application sought and granted on contemporaneous basis). PW4 took his mobile phone and put on the table, searched for the number and showed following account No. 1501210189089600 and he represted that number to the court. PW4 confirmed that that wsa the account number he gave to the police as he had escaped, he escaped with his mobile phone and when he made his statmenet to the police, he gave his mobile phone to the police. He and Sokel took the money to Shakipur in a shop and gave the money to Palas’ father. Before he paid the money, he spoke to Palas elder borther, Sojib. Sojib told him that Palas is his brother that he sent Palas to Cuba. Palas is working for Mr Price.
     
258. PW4 said he and 4 others went there on 17 November 2017. Palas told him that Somon Sekdah’s elder brother, Kamrul will give them instructions. So after 10:00pm o’clock in the night, Kamrul Sekdah took him into Indian Embassy and asked him to 1,000 BD Taka. Kamrul went inside the Indian Embassy and talked to officers there. Kamrul came out and told them, he will let them know when their visas will be granted. After a week, Palas called him and told him that his visa processing is finished. Palas asked him to deposit the rest of the money. He did not have the balance remaining.
     
259. As to his travel, Palas instructed him that he had his visas and he will travel on 5 November 2017. He was told to leave his home on 4 November 2017 to Dakha and he will stay in Hotel Maria. There were 5 of them ther at that time. He gave the names of the 4 others, Sojel, Amir, Mofazel, and Atikul Rahman Nayem. Five (5) of them got to Maria hotel. He saw 2 other people, Kausan (Palas’ cousin) and Masum (brother-in-law of Kausan). About 12 o’clock, he saw Kamrul and Taibur came to them. They were then 7 sharing 2 rooms. They were put in a room. Taibur talked to these first. Taibur told them that all of them were going to Cuba working for Mr Price and they all needed to listen to what he had to tell them. Taibur told PW4 that he was going to work for Mr Price. Taibur said he is Somon Sekdah’s son and Kamrul Sekdah is Somon Sekdah’s elder brother. They instructed that they could not carry more than 5kg. What they gave them and they told them about they have to listen to them. They cannot travel if they had more than 5kg. They will keep them there is they had more than 5kg.
     
260. They told them to carry things for Mr Price. PW4 said he was carrying 11kg for his clothes and personal things. But they removed some of his personal things from his suitcase to only 5kg. They then gave him a big banner, some buttoms and traits. The banner was packed and put it into his suitcase. They gave him also white clothes. All those things were given to him in the hotel. They were packed somewhere and put in his bag. They took out from his bag, his jackets, and purse. They told him if he was not going, his bag will go without him. Exhibit P6 ws shown to PW4 and he identified the white clothe (photograph A), buttons (photographs C and E).
     
261. Taibur also told them each to pay 1500 BD Taka. PW4 was not happy to give this money to Taibur. He asked Taibur why he should give this money. Taibur told him to listen to what he told him. Taibur instructed them that when they entered the airport, they will follow and should not talk to each other. PW4 said when he asked Taibur why he should give the money, Taibur reacted angrily and shouted at them and told them that if they did not listen to him, they will not go.
     
262. In the hotel, Taibur gave each 5,000 US Dollars. Taibur told them each to hold the money and when they arrived there, the money will be removed of them. Taibur told them they were going to Cuba and once they arrived in Cuba, he will take the money from them.
     
263. They entered the airport at Dakha; the immigration stopped them and asked where they were going. They told the immigration officers that they were going to Golgotha (India). Taibur was not with them at the airport. They saw Taibur in the place. They met Taibur before they went to the airport. Taibur gave them instructions to follow him and not to talk. At the hotel, Taibur gave them the US Dollars and the materials to take. PW5 said at the immigration in Dakh, there was a conncetion between Taibur and the immigration officers as they put their bags on the trolleys and the immigration officers let them go.
     
264. When they arrived at Golgotha, Taibur introduced them to another 8 people, Monir, Kausar, Monir Tutur, Abu Sayed, Nassir, Jobar, Sohel and Nazmur. These 8 people will be travelling with them also. From Golgotha, they took taxi to Shialda Railway station. It took them 8 hours. They were not provided with food or water. The 15 of them were very hungry. They asked for food. First, they were given no food, and then they provided them with a packet of biscuits. They went and purchased water in a shot there. From Shielda Railway Station, they went to New Delhi and they arrived there at 11:00am the next day. They left the previous day at 5:00pm. After they left New Delhi airport, they went to a hotel. They spent a night and after that they were taken to another hotel.
     
265. In that second hotel, they were introduced to Nabilah Bibi by Taibur. Taibur introduced Nabilah as his mother and the owner of the company. PW4 said he thought to himse, they were coming for Mr Price Company. Taibur used to call her mother all along when they first met him. Taibur told them that Somon Sekdah is the husband of Nabilah. Nabilah talked to them in English. PW4 identified Nabilah as one of the accused person in court. Then Nabilah called a taxi and took them to Delhi airport.
     
266. From Delhi airport, they went to Singapore. At Delhi airport, Nabilah talked to them. The immigration officers stopped them at Delhi airport. Nabilah talked to the immigration officers and they let PW4 and 11 others go. Nabilah was having all the passports, tickets of the 12 people travelling to Singapore, and she talked to immigration officers. Nabilah also told the 12 people that she was there, she will handle the situation and they should be worrying. All the documents were held by Nabilah. Nabilah was speaking in English and Taibur was translating what she said to them. Nabilah held the air tickets; passports after Taibur took the documents from them and gave them to Nabilah.
     
267. PW4 and 11 others were carrying only their bags. At Singapore they spent 7 – 8 hours. At Singapore airport, no food was served. PW4 said he asked for food. Taibur and Nabilah told them, why you were worrying about food. They were with them. They never ate food in their life? They got the flight to Singapore at 22 o’clock and arrived at Singapore, early morning. They got the next flight to Fiji. They were not given food when they were in Singapore airport. They arrived in Fiji the next morning. They spent 5 – 6 hours. They spent about 7 hours in Fiji. They were given no food. They asked for food. Moinur was so hungry and asked for food. Taibur slapped him. Taibur also told him why he was so worried about food, Somon he will arrive at his place of destination. Taibur used his hands to slap Moinur.
     
268. They left Fiji and arrived in Vanuatu on 9 November 2017 at 5:00pm. At Vanuatu airport, immigration officers were searching them. Nabilah took their passports and talked to officers. They stood there for more than one hour. Immigration officers stopped them. Nabilah told them, she had people within the immigration, they should not be worried. When they came out of the airport, Somon Sekdah, Palas, Shohag, Nure Alam came to the airport and received them. They took their passports and tickets out of them. Nabilah and Taibur took the passports and tickets. They took them to Pango house.
     
269. They went into the room, and then, Taibur asked PW4, in the presence of Somon Sekdah, for the 5,000US$ they gave him to carry to return to them. They took all of them (new arrivals) into a big room and asked each and all to return the money. PW4 said Somon asked all of them to return the money.
     
270. After they returned the US Dollars to them, Somon told them to get rest and that he will have a meeting will all of them the next morning. Somon did talk to them at Pango house, the next day morning. The 15 of them were there with Somon, Palas, Taibur, Nure Alam, Moinul and Shohag. The disucssions touched on food, accommodation and Mr Price Company. About the payment, Palas told him he had received the 12 Lak he paid. Somon also confirmed in front of all that he had received the money (12 Lak) PW4 paid. But Somon also shouted because others did not pay the money. Somon told everyone there, that Alamin had made his payment, why you were not paying the money. They should pay the money before they arrived in this country. PW4 said they all discussed that they were now in Vanuatu at a meeting held on 11 October 2017. He spoke to Palas and asked why Palas brought him here instead of Cuba. Palas told him that he should go in 4 – 5 days to Cuba. Palas told Somon Sekdah about his conversation with PW4 about Cuba. Palas took PW4 to Somon’s care parked in the middle between the two houses at Pango. Somon Sekdah was in his car. Somon asked him to go and sit in his car. Somon spoke to PW4 trying to convince him that he came in a good company, he will stay in this country for a while, Palas is your brother and he is here and Sojib also.
     
271. PW4 was not happy with Somon and Palas as they were trying to attempt him. After this, somon swore at him because Somon talk to him (PW4) and he did not agree with what Somon said. Somon swore at him and told him (PW4) that he will kill him. PW4 was scared. He stopped talking. He asked Palas to take him out of the car.
     
272. The supervisor of the houses at Pango at the time was Shohag. Anowar lived in the second house. 11 days after he arrived, Anowar, Palas, Shohag and Moinul were having a meeting in Anowar’s room. They called on PW4 to join them in that meeting. He did not join them. After that meeting, Somon told Palas to call the 15 who just arrived for a meeting (including PW4). Somon was speaking during the meeting. Somon said they came to work for Mr Price Company. If there was anything over food they were not happy about, they must not complain. Somon told them that they have to listen to what he said and they had to follow the compnay’s rules. Somon told them that if they ate or did not eat, they should not and are not allowed to share this with their family in Bangladesh. What Somon told them of, they all needed to listen to him. What food he (Somon) provided they ate it and there will be no breakfast.
     
273. Somon said if one complained or communicated his complaint to his family in Bangladesh and say bad things about the company he will give him a punishment; button will continue. They were not allowed to complain to their families in Bangladesh, if they did, Somon said he will take them in the car and beated them or threw them up the mountain. The button means beating. Somon said he could beat them without sound.
     
274. Somon took PW4 to Narpow and gave him furniture work (see Exh. P4 p.15 photograph A) and (photograph p.23). Somon Sekdah took material tere, showed them how to do.
     
275. He cut the wood with a handsaw and electric saw. He put form on the wood, levelled the wood, made beds and furnitures. They did work in group. They were not allowed to sit. They did sofa. PW4 said he never did this kind of work before. He was not happy to do this kind of work before. He was not happy to do this kind of work. PW4 told Palas he was happy to do this kind of work. Palas told him to be patient.
     
276. He was not happy because he never did this king of work before. He had used his hands with the saw, the cutting of wood, the hammer to nail the nails. He worked there for a month and 15 days. He worked from 7:00am to 8 -9:00pm. The nail went through into his feet. Somon took him to Pango house. Then PW4 told Somon and Palas he had a problem in his country (Bangladesh)) and that he needed money. He told Palas that his brother was sick and was admitted in the hospital. They did not give any money to him. He showed the picture of his brother in the hospital (1 leg was cut).
     
277. They then took PW4 in the showroom. They threatened him to kill him and they held knife to his neck. Palas took PW4 in the showroom in front of Somon. Somon refused to pay the money. He told him that if his brother died, he did not care. The showroom was opposite Wilco.
     
278. He worked 25 days; they paid him 36,000 BD Taka which was for 22 days. They did not pay in his overtime. There were no breaks. Just the time for lunch like 10 minutes. They finished eating and starting work again.t hey had beef for lunch but it was not good because they did not put any spices. Sometimes they provided papayas. PW4 said when he was working at Narpow; he lived at Norpo on the second floor. There were 2 rooms. He shared the room with 4 other people. There were about 10 people working at Norpo at the time. He described the size of room he lived and 4 others lives in to be 3 ½ by 3 ½ meters. PW4 slept on the carpet. Musharag and Palas were the supervisors at that time.
     
279. They were not allowed to move around or inside the rooms or go outside the house. If they went outside, Musharaf will phone and inform Somon Sekdah. They ate round cabbages and sometimes papayas at lunch time, cooked with plain water, without sald or chilli. No chilli powder, no tamarin powder. PW4 said he not eats and he lost so much weight. They did not have breakfast at Norpo. They just had lunch. He was at Norpo for 1 month and half. He was moved then to Pango.
     
280. He moved to live in Pango for the second time for a period of 2 months and a half. They moved him then to Tassiriki. He spent 8 months at Tassiriki. This was the last place he stayed. PW4 said no before they escaped they moved him again to Pango house for the third time and he stayed there 20 days before they escaped. The second time at Pango house, Anowar was the supervisor. Palas and Moinul were supervisors at Tassirki house. The second time he moved at Pango house, PW4 said the rules were the same but were harder (applied more strictly). PW4 gave evidence that while he was talking to Amir, Palas was there, Palas informed Somon and Somon took him (PW4) to Pango house and told him that they were not alloed to talk to each other. At this time, PW4 was working at Tana Plaza side and the second time he was at Pango the food was the same as Norpo house, not good and the quality was not good. The rules were the same as Norpow. They were not allowed to talk to each others. The second time PW4 went to stay at Pango house, 15 – 16 people live in the room he lived in. this was in house No. 2. He said he talked about the whole house. Five (5) people shared the room with one person. The third time he shared the room with 7 – 8 people. Anowar ws the supervisor. On average, he said 5 of them shared the room. The second times, the rules at Pango were harder. They were not allowed to talk to each other. PW4 was hiding and talking to others. They told him to cook; he cooked one round cabbage for 60 of them. They used 16 jug of water without any spices, no tamarin powder. Sometimes used coconut on the cabbage.
     
281. The third place he was moved to was Tassiriki. Palas and Moinul were the guards. He was sleeping in the meeting room. There were 26 people living at Tassiriki house at that time. The rules were like Pango but they were a little bit different. The difference was that they sued to plant vegetables and they could have these vegetables.
     
282. From Norpow, they took him to Pango house, he workd at Tana Plaza (Exh. P4 p.19 photograph A). He identified the place he worked near Tana Plaza. PW4 said that place was bushy and he cleaned it up. He worked there with others too. These people came from Pango and Tassiriki house. They used hammer and shovel to dig holes. There were steel pipe banvez and he used it to cut. They used their own hands to clean up the bush. There were cuts on their hands. On the grounds, there were stones and small soil. The stones were big ones. In order to remove the big stones, he broke them by small pieces until he took them out. He said they were big rocks. He used what he called hammer (one side sharp, the other side flat he could hold it in the middle to do the work on the rocks).
     
283. The place was of a big size. There were 40 – 50 people who used to work there. It was hard work. He never did this kind of work in his life. He had injured the blister in his hands. The skin of his hands came out whenhe wrapped with something hard. That was the condition he described. They worked under the sun and the sun burned their back. They could not go under the share because there was a foreman who used to shout on them. Palas, Anowar, Shohag and Moinul were the foremen. Whey they worked under the sun, they did not provide them with water to drink. PW4 said they used to secretely drink water from a Chinese house close to the mango tree near the place of their work. At Tana Plaza, they used to work 7:00am to 7:00pm. They had a short break for lunch (1/2 hour) and they started working again. At lunch, he had one piece of beed and it was smelly sometimes, with smashed papaya and smashed banana. Sometimes food served was not enough for everybody. They provided five packed food less in a month.
     
284. PW4 said he did not get paid any salary for his work at Tana Plaza. At Norpow, he workd for 25 days, they paid 36,000 BD Taka for 22 days.
     
285. PW4 gave evidence of a particular incident happening to him at Norpow while driven in car. He said he told Palas that he could not do the hard work and if they could give him a shop work. He was referring to the working at Tana Plaza. He said he could not continue with that work. He said hwne he left Bangladesh; he did not expect to do that kind of work. In the first place, Palas told him to work in a shop in Cuba. The second time Palas told him he will be working as a salesman in a shop. So they took him into Somon’s car to Norpow. They told him that they were going to do some business. They were tempted him he said. They told him that he was going to do business there, that was why they took him there to Norpow and left him there. This was in the evening about 7 – 8pm. They took him out from Pango house.
     
286. Somon Sekdah drove the care. Palas, Shajajal, Biplov were in the car. PW4 sepcified it was not the car the the truck as the back was open. He was seated behind at the open card. In front of Pango house, in the highway road, Somon was driving fast and he applied the breaks and drove faster agains, the back door behind the truck was open. PW4 said he fell down as he was sitting at the back of the truck. Somon saw and knew hwere he was sitting. When he fell down, there were local people around who were screening. Somon did not stop the truck immediately. He stopped it some distance. PW4 said he was injured on his hip, his back, hand and leg. They did not take him to the hospital. He described he was senseless, he had pain in his ship, chest and he could not stand up.
     
287. Somon took him to Tassiriki house. At Tassiriki, they did not attend to his injuries. They gave him nothing. Only Mophazel and Jogel gave him some medicines. Somon did not give him any medicines. Palas or Somon did not take him to hospital or to a doctor. The day after the accident, he could not stand up. He was scared. PW4 said if he died, he did not know what his plan was. He was referring to Somon Sekdah’s plan. He was still experiencing the pain in his hip.
     
288. PW4 said the following thing. He was scared at that time. He asked for medicines to Somon and Palas, they did not provide any medicines. He felt guity if he dies today they did not give him any medicines. He asked some to Jozel and others. He was asking to himself, Somon told him to come to Vanuatu to do business here. He felt guilty he lost his money. He was tired.
     
289. PW4 said he knew Nazrul and Tutul and that he had witnessed what Somon did to both of them. He lived at Tassiriki house when things happened to them. He could not recall of the date but it was about 1:00pm o’clock of that day in the afternoon. He saw Somon brought the two of them (Nazrul and Tutul). He brought the two of them in his truck. Somon with 5 others brought the two of them in the truck to Tassiriki house. The two were from Bangladesh. Somon was with Barvez, Musaraf, and Moinul. They took Nazrul and Tutul in the living room. Somon was sitting on the chair. Tutul and Nazrul were sitting on the floor. Nusaraf, Moinul and Banvel were standing. PW4 said when this happened he was standing at the door. He saw Somon was kicking them, they were screaming. He wanted to come close to them but he was scared. He saw Somon while sitting on the chair, kicked them and they were screaming. Somon was swearing at them and asked them why they were saying bad things about the company. His slipper came out of his fee and he used his slipper and beated them with it. The slipper is the rapper or shoes. The shoes. He kicked them with his shoes. Somon used his shoes on the whole of their bodies because they were rolling on the floor. When Somon got tired, he asked Musaraf and Moinul to beat the two. So they took off their shoes and beated them with. Then Tutul and Nazrul held Somon’s leg and pleaded him to stop and they will not going that again. Tutul and Nazrul were there for 1 hour. Then Somon stood up and told PW4 that he was angry and asked PW4 if he had seen what happened there. Somon also asked Banvez whether he had seen what happened. P45 and Barvel response to Somon that they had seen. Somon threatened both of them that they had not seen anything otherwise he will beat them. Somon asked them not to tell anyone of what they saw he (Somon) was doing.
     
290. PW4 mentioned escape and said he was one these who has espaced. He had escaped on 2 November 2018 and when to the police at aroung 5:00 am o’clock. He was in Pango house at that time. He had escaped with Hatem Ali. He has escaped because there were lots of problems like, they could not talk to each. 4 – 5 months now they did not pay their salaries. There was no food. They provided one time food. He saw all this happening, he spoke to Shahine and told he wanted to go back home. PW4 talked to Shahine secretely as they were not allowed to talk to each others (Exh. 4 p.28) showed those who escaped. PW4 was one of those. He commented on the photographs that he was hugging and crying (he showed himself with a lighter shirt – photo B).
     
291. As to his family and business he said the following. It was now 2 years since he came into this country. He loaned money from the bank. How 5 or 6 of these destroyed his life. He did not know that this thing happened to others. He did not want this thing happened to his brothers. He wanted them to be punished. He wanted for justice. He gave an account number. He made a mistake there. There was No. “1” which was missing. It was Bac Bank 001 and the other numbers he gave the day before. Somon brought him here and Somon told him that black people are stupid. Somon talked about the business he could give to him. He did not want Somon to criticize any nation. PW4 said Somon did that when he (Somon) told PW4 that the people of this country are stupid as one could sell the product and there would be no need for a date, what they (people) found, they are, they did not check the date. PW5 said he did not want these things to happen to anyone. He wanted to see Palas, Anowar, Nabilah and Somon to be punished with exemplary punishment. He respected this country and government, police CID and others and also local people. The government and police saved his life. He thanked them and will pray for them and he will pray for everyone. The local people provided food and the government.
     
292. As to his business, he said he lost his business as he came for 2 years now. He was earning 32,000 BD Taka in Bangladesh. They sent him here and told him they will pay him 50,000 BD Taka salaries per month with overtime. If he went back home he will have no money. He had sold his property. He had loan with the bank. He had a business before he came. Somon and Palas lied to him. No one managed his business. He loaned for 12,000 Lak (1,200,000 BD Taka). None of the loan had been repaid back to the bank. To obtain the loan, he had to give his house, his land. The house is still there but if he did not repay the government will take his house also.
     
293. Cross-examination of Alamin by Brian Livo. He knew Sojol since childhood. He accepted the first time he heard about Cuba, was through Sojol. Sojol was selling fruit in a shop. PW4 also was selling fruits in a shop. They knew each other. He heard Sojol talked about Palas travelling overseas. Sojol talked about Palas because he recruited people to come to Cuba or Vanuatu. Sojol recruited or arranged for 5 people to come to Vanuatu. PW4 accepted he was one of these. He met Sojol and Kamrul at Dakha at the Indian Embassy and gave his passport to Kamrul. He gave his passport also to Palas’ father. He was using IMO to communicate with others including receiing bank account through IMO. He accepted the text messages were not longer in his mobile phone. He accepted the account number he gave the court he wrote it on the paper and took picture of it. He had this paper before he took the picture of the number written on it because the number was too long. He wrote this number longtime ago but he took the picture of it recently. He confirmed that he deposited the money at Brac Bank. Palas gave him the account number. The account holder’s name was not there. Although, the account holder was not Palas, he maintained that Palas gave him the account number. He accepted he could not provide a receipt.
     
294. He confirmed when he was just arrived, they took him to Pango. He accepted they brought Anowar at Pango who was sick and they helped Anowar. They helped him because he was the foreman. He accepted after he arrived (11 days after), a meeting took place. Anowar attended the meeting as he could move around. Anowar was injured on his neck but he could walk around. Shohag and Anowar controlled people at Pango house. He confirmed food he had at Pango was provided by Mr Price Company. He accepted that the instructions that Palas or Anowar told them to eat food provided without complaining was the instructions from Mr Price Company.
     
295. At Narpo, he confirmed that Palas was the supervisor there then Musharaf. The instruction to eat food without complaining was from Mr Price Company. The instructions not to talk to each others were from Mr Price Company. The instructions not to go outside the house were the instructions of Mr Price Company through Palas. He denied sharing room with Anowar at Pango. He accepted, the second time, he came back to Pango; he shared the big bed with Banvez in a room but not with Anowar. He was not with Anowar. He was not a supervisor as he used to sleep on the floor. He did not use the big bed, 3 others used the big bed and he and Banvez used to sleep on the floor.
     
296. He confirmed his evidence that he used to communicate with Palas through video call or audio call. They used to talk most of the time by video or audio. Sometimes they communicate by text messages. It was true that he had talked to Palas before he came here. He denied he only used IMO with Palas was when he was in Vanuatu. He confirmed he worked at Tana Plaza. Palas was one of the foremen. Palas gave instructions on behalf of Mr Price Company.
     
297. He confirmed his evidence that at one occasion, Somon and Palas came to Pango. Palas told him to go and see Somon. They were talking, they were arguing about why Palas brought PW4 here and Palas took him to Somon. Palas and Somon were there at that time. Palas and Somon had a meeting at the house, PW4 did not agree with them. They took him in the truck. He fell. He did not felle out of the sky. Palas called him and took him to the truck. Palas was telling him that was why he was in the truck. Palas was standing outside the truck. Palas called on PW4 and before that Palas was talking to Somon.
     
298. He was asked of the accident he fell behind the truck. Palas was in the truck when they took him to Tassiriki house. Somon was driving the truck. He asked medicines to Palas. Palas was a foreman for Mr Price and Palas brough him here. Palas is his country’s brother. He was asked that Palas could not take him to hospital or give him medicines because Palas followed instructions from Mr Price. PW4 answered Palas knew better than him.
     
299. At Tana Plaza, he confirmed he was not allowed to go under the shade because the forema shouted on him. The instructions were from Mr Price. He worked at Tana Plaza for Mr Price. Palas is one of the foremen. Palas followed the instructions of Mr Price.
     
300. Cross-examination of PW4 by Nabilah. He was 33 – 34 years of age, could recall his date of birth. PW4 accepted he did not speak English language. He gave his statement to the police and was translated in English. He did not know the translator. He came to know the job overseas through Sojol. Sojol is Palas’ cousin brother. Sojol and Palas were here. He first knew Palas and Palas introduced him to Sojol. Sojol was following his cousin Palas. About the job overseas, he first talked to Sojol and then Palas. Sojol asked him if he wanted to go overseas. Sojol told him he also wanted to go but he did not know about the details and Sojol gave him the phone number of Palas. PW4 then talked to Palas. Sojol and Palas told him to pay 12,000 Lak.
     
301. He confirmed he gave the money to Palas’ father in front of Sojol’s shop. The father of Palas received the money on behalf of Palas and he knew that he was going to Cuba. PW4 confirmed he did not have a written agreement. He paid 300,000 BD Taka to Palas’ father and gave his passport also at that time. At that time, Palas gave instructions to Sojol as he used to recruit people. The second payment he paid was 600,000 BD Taka. Palas provided the account number then; he and Sojol went to Borshal and deposited the money. The receipt was at Bangladesh. He recorded the account number on a piece of paper. He confirmed he told the court that he made a mistake when he told the court the number 1 missed (1 digit) not No. 1.
     
302. PW4 confirmed the number wrote to be 150 120 1890 896 001 at Brac Bank. He denied the account number was provided by Mr Shahine. He confirmed he gave his passport to Kamrul at Indian Embassy. The six (6) of them gave Kamrul Sekdah 1,000 BD Taka. Palas informed them that they were going to work for Mr Price.
     
303. He confirmed the things; Kamrul and Taibur gave them to carry. PW4 confirmed he carried a banner, button, traits and white tissue. Kamrul and Taibur packed these things and put them in his bag. He also confirmed that Taibur gave each of them US$5,000 to carry and he carried that US$5,000. There was no receipt for that money. He was specifically asked if he had signed a paper. He responded Taibur was with them. He was travelling with them. Taibur told them to follow him. As to paper signed, he said there was a white paper Taibur put the money in the packet and gave the money to him. Taibur counted the money and gave it to them. Infront of him, Taibur counted the money, then put it in the packet and gave the money to him. PW4 was referred to his statement to police where it was written US$500. He maintained he was given US$5,000and the US$500 in this statement was a mistake as he spoke and someone else wrote his statement and translated. He said he told the translater to write US$5,000 in Bangla letter. But the person had used the number and missed one “0” as he said Taibur gave him US$5,000. He could not read Bangla language properly. They read his statement to him and he signed it. He confirmed at Delhi, they stopped them and Nabila was holding on the passports. Nabilah talked to the immigration. Nabilah knew everything.
     
304. He confirmed his next destination was Singapore. They arrived in Singapore at 5:00am early morning. They took the next flight about 4:30 o’clock to Fiji. They arrived in Fiji at 8:00 – 9:00 am. He confirmed his evidence that at Fiji airport, Taibur slapped Moinul because Moinul asked for food.
     
305. In Fiji, he did not know his next destination until he went into the place and he knew that there was going to Vanuatu. In Vanuatu, Nabilah held their passports. The immigration and customs did not check his bag. He was taken to Pango house. At Pango house, Taibur took US$5,000. He confirmed his first work location was Norpow where he made furniture. At Norpow they also made double bed used at Tassiriki. While working at Norpow, he was moved there and lived for 1 month and half. There was a deep freezer. They used to put beed in it. When they killed a cow, they put in there and 2 days later, they used small pieces. The beed they ate at Norpow was 1kg for 15 to 25 people. He confirmed there were only 10 people living at Norpow at that time but additional people were brought and back. He was asked and he confirmed Palas, Aslam, Musharaf, Anowar, Shohag and Moinul were supervisors at different times there. For these 10 people living at Norpow, they were allowed to move around or go outside Norpow house. This will just applied for them not for people who were taken in and out.
     
306. At Narpow point, there was a top of mountain and there was a hall around the house, a living house, not a factory. He could not tell whether there was a lock on there. The gates were shut because if they went outside, people will see them. This was the place they used to take people there and make them scared. There was no security guard at the gates but there were group of people who controlled the place. At day time, Palas was there, if anything happened, Palas used to inform Somon. At Pango, there was a gate that was closed but not locked. In Pango, they communicated with Family by IMO. There was wifi. When he talked to people in Bangladesh, Anowar and Shohag used to inform Somon.
     
307. At Pango, there was freezer but not a deep freezer. He confirmed his his second time at Pango. After Pango, they wanted to take him to Norpow. Somon made plan to kill him at the accident on the road. He said Somon was a bad guy. Somon took him from Pango to Norpow as Somon planned to kill him when the accident took place and they took him to Tassiriki house. He confirmed he stayed for 8 and half months. He cooked from 7:00am to 8:00 – 9:00pm for 60 – 65 people. He cooked different things (beef, round cabbage, banana). At Tassiriki Palas and Moinul were supervisors. At day time, Palas was working on the Tana Plaza work site and he was cooking at the house. After work, Palas came back at the Tassiriki house at a supervisor and gave him instrucitons. A person by the name of Nasmul, used to send text messages to Palas and Somon of anything happening in Tassiriki house. He gave evidence of an event that one day there was no tamarin powder PW4 had informed Nazrul about it. When Palas came back home, Palas had a meeting a meeting with the 26 people who lived at Tassiriki at the time and in front of them all, he swore at him. The night before he escaped, this time as he was in Pango house, Anowar beated him the night before he escaped. He went to police on 2 November 2018. He said he zrrived in Vanuatu on 17 November 2017 and 28 November 2018 at the time of escape, it was a whole year. He maintained they forced him to do the work; he did as he never made these works before. He was asked whether during the whole year he worked with Mr Price whether he ever complained to any authority in Vanuatu. PW4 answered he or others could not complain as they could not go outside the house. They were not allowed. They did ont understand the language. They could not talk to the local people.
     
308. He was aksed if he had a big brother who worked at Rubaly Bank. He accepted but he denied that his brother used Mr Price compay to collect the money from some of the victims.
     
309. Re-examinatio of PW4. He was referred to his Bangla statement and its English translations (of the Bangla statement) on the about of US Dollarshe said he had carried. In Bangla version, an amount of 5,000 US$ was crossed out. He said his evidence was that he was given US$5,000 to carry to Vanuatu. In the English translation (at p.3) it said US$500 the amount given to you by Taibur to carry to Vanuatu. He said his evidence was that was incorrect because he told them to write the amount in the number the translater wrote it in a letter. He was able to read Bangla and the English translation was read to him. He understood what was read to him but he did not understand English. He clarified that at Pango he slept on the floor. He clarified his evidence in cross-examination that there were freezer at Pango, Norpow and Tassiriki. The freezers were used to store meat and at Tassiriki, he was cooking papaya and beef. As to the quality of beef, he said the supervisor used to put the beef in the freezer and instructed him to cook. In Pango, there was one freezer that did not work. He was instructed to cook 2 – 3 kg of beef for 60 – 65 people. Sometimes, there as no tamarin powder and no chilli powder. The quality of beef was not goo. They killed the cow two (2) days before they brought the cows in the houses. He described the quality of beef he was cooking as smelly beef. They could not eat this beef. But they are that beed, they got sick and they were people paralysed. The papaya and banana they stolen from the bush at Norpow, Zodip took the papayas and bananas and gave them to Palas. Palas took the papayas and bananas to Tassiriki house. The place where the papayas and bananas were stolen from did not belong to Mr Price Company.
     
310. PW4 was referred to the event at Tassiriki house where Nacir sent messages to Palas of others complaining and Palas held a meeting at his return from work. He clarified that Palas swore at him and told him (PW4) that PW4 had to follow the company’s rules. If there was anything missing he was not allowed to complain. He swore at him and told him that whatever the company provided he had to eat.
     
311. PW4 clarified that in November 2018, before he escaped to the police, when he was cross-examined by Nabilah, he confirmed that Anowar hit him. PW5 explained that Anowar put them outside the house. Anowar told them no one could stay inside. They were outside the house because the police will be coming to the houses. PW4 walked around in the bushes. He did not eat any food that day. He came to the house at 10:00pm o’clock. He was so tired and was lying on his bed. Anowar was holding him on the collar of his shirt, told him to get out of the house. Sakib helped Anowar. They pulled him outside. Anowar told PW4 had too cooked the rice that was the order of the uncle. Anowar hit him and he escaped to the police to save his life.
     
312. As to security guards and whether the gates of the houses at Tassiriki, Norpow and Pango were locked, he said because they were not allowed to go out. Apart from the time he was finally escaped, he had never left the house without permission. He clarified Somon never let them to outside. He confirmed with 1 year of his stay in Vanuatu, he never complained to the authorities. On the date in November 2018, earlier he said 2 November 2018 and when cross-examined by Nabilah he said 18 November 2018. He was asked to clarify he said maybe 2 November 2018 was the right date.
     
313. On 2November 2018, PW4 escaped to the police headquarters. He told the police he had suffering problems. There were beatings on him. He said he also mentioned something about Mr Price. He told the police Mr Price did nots of things. He told the police officers and asked them to save his life from Mr Price. In Mr Price there were some people. Somon the owner of Mr Price, Nabilah, Palas and Anowar.
     
314. PW4 (Al Amin) gave an honest account of his evidence. He is a credible and trustfull witness.
     
315. Abdul Jabba is the prosecution witness No.5 (PW5). PW5 (Abdul Jabba) was 29 years old. He came from the village of Basher Jala at Tangail District, Bangladesh. He is married but he has no children. He lived with his father, mother and sister. His fater was 60 years old, his mother 45 and his sister 25. Before he came to Vanuatu, he was a garment businessman as a retail seller. He did that business for 4 years. He employed 1 person. His father looked after that business when he came to Vanuatu. He understood why he was in court, to give evidence in court. Shohag gave hism information about the job overseas. Shohag was doing business in the same market place with Anowar and PW5. Anowar and Shohag businesses were in garments and PW5’s was in ladies’ clothing.
     
316. PW5 gave evidence of how Shohag gave him information of the job overseas in this way. Shohag was his friend. In 2017, Shohag sold his shop and moved to Australia. That is what Shohag told him. Then Shohag and PW6 talked on the phone. Shohaf told PW6 he was in Australia. Shohag was offering him to go to Australia. Shohag told him in Australian, they have Mr Price Company. The owner of Mr Price Company is Somon Sekdah who is from Bangladesh. Shohag told him of some conditions of work. The company will pay a salary of 50,000 BD Taka per month, the company will provide food, accommodation and medical. The company also will provide work permits. Shohag told him also of what PW5 had to pay to get the job overseas. Shohag told him he had to pay 12 Lak. Shohag told him to pay the 12 Lak to his father who was living at Shokipur. Shohag told him to pay first 5 Lak for his passport. The balance, he will carry 2 Lak when he got on the plane (2 Lak is 200,000 BD Taka) and dollars (US$2,400). Shohag told him to carry also that 2,400 US$. The balance of 5 Lak he will pay when he arrived in Australia.
     
317. PW5 went to Shohag’s father’s house. PW6 went with his uncle Joemal Uddin and paid 5 Lak Taka. Alal was there too. He gave his passport too. After he paid that amount, Shohag’s father did not give him any recept. PW6 said Shohag’s father talked to Shohag (by phone) and Shohag told him he had received his 5 Lak Taka and his passport. PW5 said he was there when Shohag’s father told Shohag he had received 5 Lak Taka and the passport of PW5. PW5 said he spoke to Shohag and Shohag told him he had received his 5 Lak Taka and passport.
     
318. After this first conversation with Shohag, had had other communications with Shohag. Shohag provided to him Nasir Abassi’s telephone number and told PW5 to communicate with Nasir Abassi as he will make arrangements for India visa. PW^ got in touch with Nasir Abassi. Nasir Abassi told him to prepare his birth certificate, chairman certificate (like ID paper) and 2 x 2 size photos. They told him to prepare his documents and to take them to Shamoli at Dakha where the Indian Embssary is.
     
319. PW5 brought his documents with him at Dakha, he could not remember the date, but it was in the morning at around 8:00am o’clock. He went to Shamoli and Nacir Abassi received him there. PW6 gave Nacir Abassi all his documents. PW6 waited and one hour later, nacir Abassi gave him back his documents. Nacir Abassi also gave him additional documents and asked him to go to Indian Embassy. He went inside the embassy, stood on the line and submitted his documents. The Indian Embassy gave him a receipt. He came back outside with the receipt and Nacir Abassi removed that receipt from him. One week later, PW5 communicated with Shohag. Shohag told him that he (Shohag) had received his Indian visa, he had to prepare his clothes and ready with US Dollar 2,400. Shohag told him on 3^rd November 2017, that PW5’s flight will be on 5 November 2017. He did go to the airport on 4^th November 2017. Nacir Abassi called him and told him he needed to go to Hazi camp, Dakha and that Nacir Abassi will meet him there. PW5 went the Hazi camp on 4^th November 2017 and met Nacir Abassi who took him to a hotel. He travelled to Hazi camp with another person Moshaed. He understood he was travelling to Australia from what Shohag told him and to work for Mr Price Company.
     
320. At the hotel, Nacir Abassi introduced him to another 5 persons who were waiting in the hotel. PW5 mentioned the names of: Sahir, Nasmour, Sohel, Tutur, Mushahed, Nacie and Moinir. There were 8 of them in that hotel. Nacir Abassi moved them the next night to another hotel. In that hotel Nacir Abassi brought them another person by the name of Kamrul Sekdah, the elder brother of Somon Sekdah (the owner of Mr Price Company). Mr Kamrul Sekdah took the eight (8) people in that hotel in a room and removed PW6 US$2,400 he carried with him. KAmrul Sekdah gave PW5 some white clothes and buttons (Exhibit P4 p. 6). Kamrul also gave PW6 his passport, ticket and US$500 Dollars. When Kamrul gave him these items, he told PW5 to carry them to Australia. Kamrul told PW5 that Taibur will receive him at Dakha airport. Kamrul Sekdah then left the hotel.
     
321. At Dakha airport, after they went through immigration processes one of the guides by the name of Taibur and introduced himself and told them that he (Taibur) worked for Mr Price. Taibur told them that he will be travelling with them to India and he also told them he will take them to Australia. In India, they got to Golgotha airport. At Golgotha airport, Taibur removed the US$500 that PW5 carried with him there. At Golgotha airport, they were introduced to another 7 people. From the airport, Taibur took them to Shielda railway train station where the train will take them to New Delhi. It was about 4:00 o’clock; they all got into the train and arrived at New Delhi the next day at 10:30am. From New Delhi railway station, they walked one hour with their bags to a hotel. After they arrived at the hotel, they were provided with food. At Golgotha railway station, they were given biscuits and water. They spent oen day and a night at that hotel in New Delhi (PW5 said this now 6 of the date they were in the hotel). The 7 of the date, Taibur took them to another hotel. At that new hotel on the same date (7 of the date, Taibur called (PW5). Taibur counted US$5,000 notes, showed to him and put that amount into a white envelope. Taibur gave that white envelope to PW5 and told him to carry with him that money dollar to Australia. Taibur then took them to another hotel and introducted them to Nabilah. Taibur said Nabilah is the wife of Somon Sekdah who is the owner of Mr Price and Taibur’s mother. Then Taibur and Nabilah took them to New Delhi Internaitonal airport by taxi. At the Delhi airport, they were waiting for a long time as Nabilah was talking to immigration officers. Taibur was with them at that time. From New Delhi airport, they departed at about 1:30am in the morning to Singapore. They were not given any food at Delhi airport.
     
322. They arrived at Singapore the next day morning around 8:00 – 9:00 am. He could not remember the date. They spent 7 – 8 hours at Singapore airport. They left Singapore about 4:00 – 4:30 o’clock of that day. At Singapore airport, they were provided with biscuits and water (2 packets biscuits and 2 bottle water for 15 of them). From Singapore, they travelled to Fiji.
     
323. The arrived in Fiji in early morning at about 5. 00 am in the morning. They left Fiji for Vanuatu at about 1:00 or 1:30pm in the afternoon. At Fiji, Nabilah and Taibur left the 25 persons they travelled with at the airport and they both went out. PW5 and 14 others were provided with biscuits and water (2 packets of biscuits for 15 people). They arrived in Vanuatu on 9 November 2017 at 4:30pm. When PW5 came out of the Vanuatu airport, he saw his friend Shohag, Somon, Palas and another, Nure Alal.
     
324. When he came of the airport, Taibur took out of him US$5,000 he carried with him from India (New Delhi hotel). Shohag took his passport and tickets and gave them to Somon Sekdah. After they had shower and ate, Somon Sekdah came to see them at Pango house. Somon just introduced him as the owner of Mr Price. Palas and Taibur were there. At Pango, there were two houses, one near the seaside and the other at the side of the road. PW5 said he was in room (R#3) of the second house at Pango (Exh. P4 p.10). He stayed one month and a half in that room. The next day of their arrival in Vanuatu, Somon Sekdah had meeting with these 15 people at Pango at about 5:00pm o’clock. The meeting took place at the living room of the second house. Shohag was the supervisor at Pango at the time. Shohag as supervisor used to live in Room 1. PW5 described how and where they seated. Somon Sekdah and Taibur were sitting on the chair. Palas and Moinur were sitting near Somon Sekdah and Palas was holding Somon’s packet of cigarettes. All were sititng on the floor. At the meeting, Somon talked about the money people had already paid, how much yet was outstanding. Some records of these discussions were taken. Shohag recorded the details of money paid and not yet paid for the people coming from Tangail District. Palas recorded the details of money paid and not yet paid for people coming from Borishal.
     
325. PW5 said of money he had already paid Somon Sekdah told he (PW5) had paid 5 Lak Taka and US$2,400 and that he (Somon Sekdah) had received these monies. On the money yet to be paid, PW6 said Somon Sekdah told them that they have to pay the outstanding amount within 3 days. PW5 did not say anything in response. Then he said he told Shohag at Pango’s meeting that he had paid 5 Lak Taka for the arrangements of his travel to Australia. He said Shohag told him again to pay that same amount to process his Australian documents. To his understanding before he left Bangladesh, he had to pay included 5 Lak Taka arrangements for his travel to Australia. He had paid a total of 12,000 BD Taka (12 Lak), 5 Lak Taka was outstanding. When Shohag asked him to pay another 5 Lak Taka, he asked his father to pay that money to Shohag’s father. PW5 said his father did go to Shohag’s father’s house and paid the outstanding of 5 Lak Taka. Shohag told PW5 of this that Shohag had received his 5 Lak Taka. He also said that he pay through his mobile phone. PW5’s father took the money (5 Lak Taka) to Shohag’s father. Shohag’s father told Shohag and Shohag told PW5 of this. Shohag told PW5 to wait for a while because of the processing of PW5’s documents to Australia. Until the day (giving evidence), he did not received any documents to travel to Australia.
     
326. There was another meeting on 30 November 2017. Somon Sekdah discussed about the business. Somon asked them at that meeting whether they wanted to do business or work. There was good opportunity for doing business in this country. Somon told them that people of this country were stupid. They are less knowledge about the business. For those who will decide to do business, they could buy one item for 1 Taka and sell it for 5 Taka. If they would do business, they could earn more profit. Somon told them if they wanted to do bisuenss in this country, they had to bring more money from back home (Bangladesh). Somon told them also that they needed to bring more people for his company. Somon told them that he needed more people to work for his company. Somon told them he started a company here; there were some work for that.
     
327. PW5 said he speak again with Shohag for going to Australia now that he had paid his outstanding 5 LAk Taka on the same day of that meeting (of 30 November 2017). Shohag told PW5 that if he wanted to go to Australia he must pay 7 Lak Taka. PW5 reacted by telling Shohad that he had already paid 12 Lak Taka for going to Australia why he must give him again another 7 Lak Taka. PW6 was able to raise 12 Lak Taka by obtaining 10 Lak Taka loan from the bank. The other 2 Lak Taka came from the proceeds of his shop business. When PW5 continued telling Shohag he wanted to go to Australia, Shohag told him to work for Mr Price in Vanuatu.
     
328. As to whether he was given any job by Mr Price in Vanuatu, PW5 gave evidence to the following effect. When he arrived in Vanuatu, they did not send him to Australia. He stayed at Pango house for 28 days then on 17 December 2017, he said he started work with Mr Price. He worked for Mr Price opposite Tana Russet to build the market. First, he was told to cut the grass and broke the stones. So he cut the grass, broke the stones and digged big holes. PW6 said he did these works without safety requirements, no gloves, and no shoes. They told him to collect stones from the sea. They forced him to pull out the grass his bare hands. He used the hammers to break the stones (hammers of short or long handles or long wood handle). The stones he had to break them in the grounds when he made the big holes. He described the sizes of the stones as big as to be for 8 or 10 people to remove them. After he took out the stones, he broke the stones. He did dig big holes with shovels, spades and something he did not know what was called. The equipment he talked about has wooden handle. That part that makes holes is metal and had painted sharp point. The other end had edge. He said he had never used that tool before. He did not see that tool in Bangladesh. He was talking about a pic and PW5 said he did not know but he saw it again he could recognize it.
     
329. PW5 said the stones he took from the sea were big as half meter. Two or three of them used to take the stones from the sea. The water was down as to his knees or less. The grasses he was asked to pull out with his hands were taller than him. It was very hard to pull them out. They joined the force by 2 or 3 together to pull out the grasses. This kind of work was not mentioned to him as part of his conditions or terms before he left Bangladesh. Shohag told him he will do salesman or work in the hotel. He described the type of work he did as very hard work for him because he was a businessman and his father was a businessman.
     
330. PW5 gave evidence that when he pulled out the grass with his bare hands his hands were cuts; when he took the stones from the sea, he hurt his back and when he used the pics and other tools to break the stones, small pieces of stones spead out quickly and hit and cut his lefts. When he used hammer, he had spots on his hands like blister. He started work in the morning 7:00am to 6 – 7:00pm. There was no break during the day. At the centre, when they started work there, there are 8 or 9 people who cut the grass and broke the stones and later people 29 – 30 people worked there in (Exh. P4 p. 19 photo 1 – work site opposite Tana Russet).
     
331. PW5 said he did take part in the building of the structures there by mixing cement with sand. He and others did all the work for the market. He was show and confirmed the building site he worked on (Exh. P4 p. 20) and the market place (Exh. P4 p. 22). PW5 worked on this site for 10 or 11 months. He said they did not pay his salaries for 5 months. How his salary was paid was that they did not pay his salary to him here. They paid his salaries in Bangladesh at Shohag’s house. He accepted they paid his salary for the 5 or 6 months he had worked.
     
332. He had worked overtimes and they did not pay for his overtimes. Before he left Bangladesh they thold him Mr Price company’s hours of work was the basic hours of work. The overtimes will also be paid. There was no time for breaks. They had their lunch and washed their hands and started again. At lunch time, he had rice (not enough for him). At dinner, he will have same food he had in lunch time. Rice with beef, 2 or 3 small pieces. The pieces of meat were smelly. There was no quality to the food. There was not taste. There was no spicy. As to the quantity of food, they gave them small plastic boxes. The quantity of food was not enough and the quality was very bad. At the end of his stay at Pango, there were 15 people in the two houses at Pango.
     
333. Back to the payment of his salary, after the 3 months he stayed at Pango without work, and when he was told to work for Mr Price in Vanuatu (17 December 2017) he was told if he worked in Vanuatu for Mr Price, he had to pay 7,000 BD Taka for Vanuatu government and this will be taken out from his salary. Every month, they cut 7,000 BD Taka from his salaries. The balance paid to him was 3,000 BD Taka; they paid not to him here but paid to his famly back in Bangladesh.
     
334. When he was at Pango, Shohag was the supervisor. There were rules. They could not move freely outside the house. He was not allowed to go outside the house. He could not talk loud. If he breached the rules, Shohag used to give him threats of using violence on him (such as be beaten). He had to listen to him. After Pango, he moved to Tassiriki house. He stayed there fro 7 – 8 months. Palas was the supervisor at Tassiriki. 5 people shared the room with him at Tassiriki. 15 people lived at Tassiriki house at first, later on 20 – 22 people lived there. The good at Tassiriki was the same as at Pango house. The rules also are the same as Pango house. They told Palas and Smon to give them quality food but they told them they cold not give them quality food and that they could not complain about the food. The beed he was referred to early were the small 2 – 3 pieces he got. They gave him round cabbages boiled in water without salt.
     
335. PW5 said he told Shohag that he had never done the kind of work of cutting grass, digging stones and working at the construction site. He told Shohag that he did not come to do this kind of work. Shohag told him that if he refused to do this work, they are not going to provide him with food, accommodation and salary.
     
336. He gave evidence he recalled of a meeting in November 2018, taking place at the Town house. It was about Shahine, Kamrul and Farid escaping to the police. Somon Sekdah called all of them and told them that the police will raid the house. So Somon divided them into groups. Somon told 21 of them to stay at Tassiriki house. At Tassiriki around 10 – 10:30pm Somon Sekdah brought the passports to them there. PW5 was amongst the 21 sent there. The passports were not given to them. They gave the passports to Bazvez and Moinul. Somon told them that the police will come to take them. They should not be afraid, police was his friend. Before that night he said Harun was going to take their video clip. Somon Sekdah told them Harun will take video clip. Somon Sekdah gave instructions to Harun to take fild them in video clip. Somon Sekdah told them that they have to given evidence against Shahine, Kamrul Hassan Miah and Farid because these three treathened to kidnap Somon Sekdah’s daughter, Tasfea from her school. PW5 said he did take part in the video clips. Maroun and Nasmur took those videos. Somon and Nabilah came to them with a piece of paper. PW5 said he did not know what was written in the paper. He was asked to sign the paper. They wanted him to say something in English but he did not know what it meant. He did not agree with this because Somon Sekdah called them and forced them to do this. To give evidence and if he refused, they threatened to beat him.
     
337. They were taken to a lawyer’s house near the Shefa house. They took them there to give false evidence. The false evidence had been written on the paper and he ws just to sign it. The false evidence he was asked to say was that Nabilah told him to repeat what she said: “Uncle Somon Sekdah gave me food and salary”. They taught them what to say when they asked him about food whether it was good or not he will answer “yes”. So the lawyer asked him about whether they paid him the salary and PW6 said he answered “yes”. PW5 said when he said yes it did not mean that it was true because they forced them to say this. Somon Sekdah forced them to say that. He was referred back when he told Shohag that he did not want to do the type of work he was doing, Shohag reacted by threatening him. Shohag made him scared. If he refused to do this type of work, they were going to beat him. He was not the owner of a business here in Vanuatu. He had never been consulted by anyone about setting up a company in Vanuatu. He did not agree with anyone to set up a company in Vanuatu. He identified Shohag (see Exh. P4 photo E), Nacir Abassi was identified or Exh. P4 photo D, Taibur photo B and at parge 1 of Exhibit P4 Kamrul Sekdah photo C (person in the middle).
     
338. PW5 was given an opportunity to say something to the Court. He said thank you Allah (God) that hwas still alive. He thanked Vanuatu government, Vanuatu police, and Vanuatu local people to help him to come out from this situation. He thanked Shahine and all who were with them, he wanted to say who make him and 101 others became losers and destroyed their life and the other victims. Because of whom he was now a begger and victim, because of whom he lost his identity and everything. He wanted right punishment. He wanted the refund of his money. They cannot any longer repay the loans from the bank. He did not seek his father, his wife because I was in Vanuatu for these 2 years. Who make him a begger and destroyed his life. He wanted their right punishment. Who did this thing to him, they were not human being, and they were animals. He wanted their exemplary punishment. They forced him to do the work they did not pay his salary. He wenated the return of his salary. He did not want this human being to go out. If they go out they will do it again. They cannot destroy the people’s life and do this again. If they go out they will do this again. He thanked everyone
     
339. Cross-examination of PW5 by Brian Livo. PW5 confirmed in essense his evidence in chief. He was asked and he recalled the meeting in Pango house where Palas was sholding Somon Sekdah’s cigarettes. He was not sure whether at that meeting was already injured. He confirmed Anowar was there at ahtat meeting with them as he used to work at Norpow. He was also referred back to the meeting where Somon asked about the money already paid to PW5 and the balance still owning. He confirmed Somon instructed Palas to record the details payment yet to pay by the Bangladeshi people coming from Borisha. He confirmed Palas was supervisor at Tassiriki house. At that time, Palas and Anowar were working at Norpow while he (PW5) stayed at Pango house.
     
340. He was referred to his evidence about the registration of a company. He was asked that he had an application for registration of a business name Asian Junction in Vanuatu. He said he did not as he came for Mr Price Company. It was put to him he will earn 25%, Anowar 25% and Palas 25%. PW5 answered, he used to work on the construction field and he did not know what was or nothing about this company. He was asked whether PW5 had any arragnements with Mushaed to register a company. He replied that Mushaed used to live at Tassiriki house. They never met together. PW5 said he used to work for Mr Price Company at the construction site. He was asked and he denied making an application to respective authority in respect to company Asian Junction. PW5 was shown a copy of an application to Vanuatu Investment Authority for an application for certification for approval by an investor for new investment and the proposed business “Asian Junction”. PW5 said he never heard of this thing. He used to have just been working. He had never discussed about a compny. He saw his name and email on the documents he denied the emails address was his. His name was the paper as investor but he repeated the signature is not his signature. Exhibit D4 (1) was the said document in respect to the said company “Asian Junction”.
     
341. Cross-examination of Abdul Jabba by Nabilah. He was taken to the construction site as he said he worked there. He was asked and he replied the construction did not finish. They have just finished the floor. They did not finish the boundary of the shops. The work was stopped 3 or 4 months. PW5 said they stopped them to work on the construction site and they shifted them back to Pango.
     
342. He was taken by Nabilah to the construction site. He was asked about water connection and he said there was no water connection on the construction site from the start and the water was connected toward the end of the work. PW5 gave evidence that there was no machine when he was working on the construction site with the other 8 or 9 other workers. They used spades and their own hands. The machines were brought one day to the soil. Ishmael was levelling the soil and used to drive a truck. He was asked about locals working, he said when they finished building the market 4 – 5 local people were working at the swimming pool. There were no local people working at Pango.
     
343. He was referred to the box of food. The food was put in a box of the size he described as 13cm (length) and 5cm (width). He described the food in the box, rice pawpaw. He denied rice was full on to the top. He was showen the food box and he said, they did not provide the food in the first times. They provided the food in the box is after. He did not accept that the food served to him was in the same size than that box. PW5 said they did not provide food in that box when they used to do the hard work. They used the boxes in the last part of the work. The food provided in the first part of the work there was in a smaller box (he described as its lower part was small and the top part was big). He agreed it was a small take away box. The food was cooked at Tassiriki house, packed and 2 or 3 Bangladeshi people took them on the site. He remembered a vegetable garden at Tassiriki. He remembered Michael who used to given them cow but all the time. A cow in a month and the two other months did not provide any cow. He went to Michael’s farm at Devil’s point two times but he went and brought a cow one time only. He was asked that Somon used to buy cow from Michael. PW5 said Somon used to buy dead cow. He gave evidence of the event when he went there with others that when they went there, the cow stomach was swollen. It seemed the cow was killed like the day before. He was asked about spices he said still ate spices made in Vanuatu. They brought the spices from an Indian shop in Vanuatu, Rania shop. As to breakfast, they used to provide breakfast with hald bread and one banana, Kansar was buying these.
     
344. He was referred to the video taken PW5 said Somon had a meeting in the house with all of them. Then Somon gave instruction that Harun and Nasmur will take them in video. This happened at the Shefa house (town house). This all happened at Shefa house and denied it never happened at Tassiriki. He remembered he was asked to sign paper 2 or 3 times. He specifically said they took the sign when he used to work at the construction site. This was in the afternoon at 4:00pm but he could not recall about the date.
     
345. It was put to him that the sign he did on the papers was renewal of his work permit. PW5 said they did not tell him anything whether it was for work permit or salary. They did not tell him of anything. He was referred to the business meeting Somon asked for these who wanted to do business to go one one side and for these who wanted to do work to go the other side. He repeated his evidence that Somon told them that whoever agreed to do business he had to bring money from Bangladesh. PW5 was asked when he chose business or work; he said he did not choose anything. He (Shohag) told him to sign for Australia. He (Shohag) was asked about his previous arrangments while he was still in Bangladesh; he said Shohag told him he could go to Australia. He could do overtimes and the company will provide him with food, accommodation and medical. When in Bangladesh, he ever commincate with Mr Somon. He communicated with Shohag. He was asked and he said when he communicated with Shohag, Shohag told him his was in Australia. He talked to him in IMO number. Shohag’s Bangladesh number was set in IMO. When he moved, he could connect to internet as his IMO number will be activated.
     
346. PW5 maintained his evidence that about the salary, he will be paid 50,000 BD Taka, the company will provide food, accommodation, medical, 8 working hours per day and overtimes. He was asked and he confirmed his evidence that he received 6 months salary only. They also cut VAT and taxes on his salary and also the expenses of him going to Fiji and return back to Vanuatu. He was asked and he said he did not know that for him to work in Vanuatu, he had to pay an amount to Vanuatu government. He was asked and he said he did not know that the company paid VT40, 000 for the 4 months for him to work. They did not tell him that he was a worker and he had just work. He was sent to Fiji for the purpose of his work permit document.
     
347. PW5 (Abdul Jabbar) was re-examined. He was asked and he clarified his evidence that he said when he had just arrived in Vanuatu and he was at Pango, Anowar was injured and Shohag was the supervisor. He was at Pango for 2 – 3 months when Shohag was the supervisor. Thereafter, Anowar was supervisor at Pango house. He was taken to Exhibit D4 (1) and show a signature. He was referred to his statement to the police given on 28 December 2018. He remembered at the end of his statement he signed it. He remembered he provided also a Bangladeshi statement. It was translated into English. He was referred only to his English statement. He agreed he had signed every page of that statement and included a certification it was a correct statement. He agreed that if the statement was given to him he would be abl to say the signature was true and correct. He was invited to go to page 7 of that document and to tell the court whther and where he recognized his signature. He confirmed. He was shown every page where his signature appeared from backward page 7 to 1. He recognized and pointed to his signature (at page 1 his signature was in the middle). He was taken back to page 7 of Exh. D4 (1) and he was asked that he said that was not signature. He confirmed it was not his signature. He was asked and he clarified about telephone calls he had made with Shohag when he was in Bangladesh. He clarified that he called Shohag when Shohag was in Australia because Shohag told him that he was in Australia.
     
348. He was asked about his evidence when he went to Michael’s farm at Devil’s point and saw the stomach of the cow was swollen and that it looked lie the cow had been killed the day before hand. He wanted to say something and he was stopped by Nabilah. He was asked to say what he wanted to say. He said they looked like human being but they are animals. They fabricated his signature. He was still alive how they could fabricate his signature. He agreed when he worked at Tana Plaza, they gave him some documents and asked him to sign. He put his signature on the documents but they did never explain to him what the document was about. He was just told to sign the document. He was taken back to his evidence on food on rice and pawpaw, he clarified they ate rice and pawpaw and sometimes, rice and cabbage.
     
349. Marked for identiftication (MFI) with reference to signature of this witness Abdul (PW5) from pages 1 – 7 and this is for the English statement of Abdul dated 28 December 2018.
     
350. PW5 (Abdul Jabbar) is a credible witness. He is a trustworthy witness.
     
351. Hasan Mehedi is the sixth prosecution witness (PW6). His full name is Mohammed Mehedi Hasan. He was 24 years old. He comes from Shikarpur village at Barishol District, Bangladesh. He was married with no children. Before he came to Vanuatu he was a student and he was also doing a job at a moskee. He was doing Islamic studies and political science. His job was a part time teacher of Coran. He knew the job overseas by Sajol who was his neighbor. Sajol asked him if he wanted to go overseas. Palas is Sajol’s cousin who was working oversea. Sajol told him that his cousin Palas and Josim will tell him. Josim is Palas’ elder brother. Josim lives close to his house. After Sajol told him about Josim, he looked for him and had found him in his house. He talked to Josim about what Sajol told him of his younger brother Palas was living in Cuba and that he heard he had a good position. Josim confirmed what Sajol told Mehedi about Palas living in Cuba and had a good position. Also that they were recruiting people for a company. The next day Josim gave him the name of the company, Mr Price and it was a big company. They have different sections. They manufactured their products. They were musulman people. Josim told him to work as a Hyman or Prayer leader. They have a furniture factory, a car show room, and hotel. He could do work part time as they provided separate salary for that. Mr Price Company was owned by Somon Sekdah.
     
352. PW6 said he was interested to go on one occasion. Somon Sekdah called Josim and Josim told Somon about PW6. At the time when Josim talked to Somon Sekdah, Josim put his phone on the speaker and increased the volume. Josim told Somon that he had found a Hafiz (a prayer leader from the Holy Koran). Somon SEkdah talked to him and asked him if he was a Hafiz. He confirmed to Somon Sekdah and Somon Sekdah told him he needed a Hafiz in his company.
     
353. He wanted to go there to Cuba, how much he would pay. Josim told him he had to pay 11 Lak Taka; he had to give his passport, photographs and his ID card. Josim told him if he worked for Mr Price company, his salary would be 80,000 BD Taka, they will provide accommodation, food and medicare. He will work 8 hours daily and his overtimes will be paid. The amount he had to pay was 11, 50 Lak (1,150,000 BD Taka).
     
354. Josim told him it is preferable that he paid the entire amount at once. If he could not then, he would have to give him his passport and 2 Lak Taka. He discussed with his family, father, mother, uncle and come back to see Josim on the next day. He then went to see Josim the next day and asked him of how and when he will give his passport and the money (2 Lak Taka). At that time Somon Sekdah called Josim and Josim mentioned to him “oh uncle called me”. On 24 January 2018, he gave the passport and paid 2 Lak Taka and gave some photos. They told him they did not need any ID card. He paid that money in a cheque he provided to Josim, Josim deposited that cheque into his bank account at Rubali Bank, Shikapur Branch. Josim gave him a receipt. PW6 took a picture of that receipt with his mobile phone. That receipt of the payment of 2 Lak Taka was in his phone.
     
355. He showed to the court, counsel and Mr Somon Sekdah and Ms Nabilah the receipt he mentioned in his phone. PW6 confirmed he had given photocopies of that receipt to the police. It was part of his statement to the police. The photocopy of the receipt is marked Exhibit P11 (receipt of payment).
     
356. He was informed of Somon Sekdah’s family. Kamrul Sekdah is the elder brother of Somon Sekdah. Somon’s son was Taibur. Somon told him he is from Bangladesh; he was an American passport holder. His wife was a French passport holder and that Somon and his wife were married in France. He was not told of Somon’s wife’s name. They called her aunty.
     
357. For his visa, Josim told him to go to Shamoli Indian Embassy in Dakha, Bangladesh. At Dakha, Josim and Kamrul Sekdah took them to Indian Embassy, they told them to stand on the line. They gave him his passport and some documents. He gave the passport and documents to an officer there. That officer at the Indian Embassy gave him a receipt and he came outside. Josim took the receipt out from him.
     
358. On 6 March 2018, he made another payment of 6 Lak Taka. He paid that money to Josim. Josim gave him a receipt of that instalment money. PW6 said he had a copy of that receipt and provided a copy to the CID officers. The receipt was of a cheque he gave Josim and Josim deposited into his bank account. Josim confirmed to him also that he had received the money. So the document he gave to Josim was the cheque he gave him. PW6 said when he mentioned earlier about Josim givim him a payment receipt; Josim did not give him a payment receipt. Josim only told him he had received the money into his account and that he should not be worried. The 6 Lak Taka picture of cheque but not a receipt he gave to Josim, Exhibit P12 (photocopy of cheque book).
     
359. On May 2018, Josim called him and told him to prepare to go to Dakha. PW6 went to Dakha by ship. He boarded from Barishal town to Dakha Sadoragat and he arrived at Dakha on 10 May 2018. He stayed one day in Dakha before he met Taibur, Kamrul Sekdah and Josim. He met them on 11 May 2018 at Kormitual Railway station. His next travel was Golgotha, India. He did not travel alone. He had travelled with Taibur and 11 other people. He met these 11 other people inside the railway station. Taibur, Kamrul and Josim introduced each of them to him at the railway station when they gave them their passports and documents. They arrived at Golgotha on the 11 day of the date in the afternoon (ie. 11 May 2018). From Dakha to Golgotha they travelled 8 – 9 hours.
     
360. Before they left Dakha, Taibur gave them big roll of banner to put it in their bag and US$400 Dollars. They were told to carry the banner safely to the final destination. There were no writings on the banner. Taibur told him the banner was for Mr Price. Taibur also gave them instructions, before they left Dakha that they were going to Golgotha, they were not allowed to talk to each others and they were not allowed to talk to other people. From Dakha to Golgotha he had a piece of bread and half bottle of water. At Golgotha they went to the hotel. Taibur separated them into 4 people in a room and had a room for him.
     
361. The US$400 he was given in Dakha, he had to carry that money to the final destination. At Golgotha, Taibur gave him abouther amount of US$3,600 making a total of US$4,000 for him to carry to the final destination. Their next destination was New Delhi, India. They travelled to New Delhi by train. They arrived there on 13 May 2018 in the afternoon. They travelled 24 hours. They gave them just half bottle of water to each, nothing more. They took a taxi and went to the New Delhi airpot.
     
362. They spent 6 – 7 hours at New Delhi before they took their next flight to Singapore. There, Taibur told PW6 at the airport that if asked him where he was going, he would just say Vanuatu. That was the first time PW6 said he heard Vanuatu. But he said he was going to Cuba. So PW6 asked Taibur what was the meaning of the word Vanuatu. Taibur told him Vanuatu is a country. If you wanted to go to Cuba you have to stay in Vanuatu 3 – 4 days. PW6 said he had spent 21 months in Vanuatu.
     
363. They did not provide any food. PW6 said he was hungry and cried. He asked Taibur for food. Taibur swore at him and told him how much he wanted to eat. Taibur sworn at him and said pig’s baby. PW6 said in Bangladesh that was a very bad word when he heard that. He then cried.
     
364. In Singapore, they spent 7 or 8 hours. There, they requested for food and they gave them food after they requested 3 or 4 times. They gave them bread, biscuits and juice. From Singapore, they went to Fiji. They spent a day in Fiji at Myer hotel. They arrived there on 16 May 2018 at 7:00am o’clock in the morning. 4 people were put in a small room and 7 0r 8 people in a bigger room. Some slept on the beds, others on the sofa. They provided food (mashed potatoes and rice). They left Fiji on 16 May 2018 at about 7:30am to Vanuatu.
     
365. Vanuatu was their next destination. They arrived on 16 May 2018 at 9:05am in the morning. Outside the airport, he saw Somon and Shohag. Somon told Shohag to take them to Tassiriki house. After they arrived at Tassiriki house, Shohag took from them, their passports, travel documents, the banner rolls and the US$4,000 he carried with him. Shohag told him that he will give these things to uncle and PW6 understood that uncle was Somon Sekdah. The same day he arrived by Somon and Taibur to Pango house. He was at Pango fro more than 4 months. From Exhibit P4, he identified the main gat and the other gates. He slept in the house 1 in Room No. 3. Anowar, Shohag, Nacir and small Rofic were supervisor in house No. 1. Anowar, Shohag and Nacir used to live in house No. 2. Small Rofic was occupying the small room at the corner between the big glass door and a wooden door. Rofic was not with Mito and Tasfea.
     
366. When he arrived at Pango, he received instructions to the effect that he must not gather with others, he must not go outside the house and he must not go outside the house and he must not meet with local people. Somon and Taibur gave them these instructions. Somon and Taibur told them they will come back as they did live outside Pango. Anowar, Shohag, Nacir and small Rofic had to execute these instructions. If someone disobeyed these instructions, they were going to beat him and put pressure on him. He shared room 3 with 5 other people. The size of the room was 3 x 3 metres (square). He put his mattress on the bed.
     
367. Four (4) days after he arrived at Pango house, Somon, Shohag and Palas called him to see uncle. Somon was sitting in his car outside but inside the yard close to the house No. 1. He went inside the car. Somon and Palas were inside the car. He identified Palas in court. When he was inside the car, Somon asked him how much money he had already paid and how much money outstanding. He told Somon he had already paid 8 Lak Taka and 3 Lak Taka was outstanding. Somon told PW7, he had received the amount of 8 Lak Taka he had paid.
     
368. Somon asked him when he was going to pay the outstanding 3 Lak Taka. PW6 asked Somon to pay 3 Lak 50,000 Taka one month later. Then Somon told PW6 that he had to pay today and now. PW6 told Somon that it was part of this discussion that he paid 1 month later. Somon then told PW6 to pay 15 Lak Taka on the day. He was afraid as Somon threatened him by paying 15 Lak Taka when he had only 3 Lak Taka outstanding and Somon raised his voice. PW6 started to cry and he told Palas how he could manage to pay this money whether Palas could talk to uncle. Then Somon and Palas left him at Pango house.
     
369. PW6 said he made a third payment on 23 May 2018 on the day before the meeting he was talking about. He said he made payment to Josim of 2 Lak Taka by depositing into Josim’s account. He wanted to deposit 3 Lak 25,000 Taka but Josim told him to deposit 2 Lak Taka on his account and gave him 1 Lak 15,000 Taka in cash. But on 24 May 2018, PW7 was in Vanuatu, Josim was in Bangladesh, so he was asked how Josim paid when PW7 and Josim were in different countries. PW6 said when they put pressure on him; he told his parents and his father paid the amount. So the 2 Lak Taka was deposited in Josim’s account. He provided a stamp written document. He said Josim signed on the written document which he said to be the receipt of the money. The written stamped document of 2 Lak Taka (200,000 Taka) payment in the bank was the bank receipt attached as Exhibit P13.
     
370. As to 1 Lak 15,000 Taka he mentioned was given to Josim, he had also recorded in his phone. That recorded information in the phone was written in Bangla. It was translated as “Allah’s name – 24 May 2018. I am Muhammed Milan Helifa. My elser son Mehedi Hasan sent him overseas; Palas is the leder brother of Josim. Through the Rupali Bank, Shikarpur Branch, I paid 10 Lak Taka in Bank cheque on 24 May 2018, 1 Lak 15,000 Taka. Josim received that money hand cash. Josim received that money”. Witnesses present at that time on PW6 side, Mohammed Malone Halifa (PW6’s father); Mosiur Rahman (PW6’s younger brother); Manuara Beggum (PW6’s mother). Witnesses on the side of Josim, Josim (Palas’ brother) and Rubel. Only PW6’s younger brother signed this document because his father and mother could not write.
     
371. PW6’s evidence of small Rofic was that he was a supervisor too. Rofic work was to execute the rules in Pango house. If one went into another room, Rofic will stop him. If they talked to each other, Rofic will stop them. Rofic used to take their pictures and sent to Somon Sekdah. Rofic used to tell them that if anyone did anything wrong, Rofic will “battan” them (beat them).
     
372. The rules were written on paper. They were in Bangla language. They were put on the Hall outside the room where Anowar had a room in house No. 2. He confirmed with Exhibit P4 (page 10) (Room 4). PW6 used to have his meals in house No. 2 in the living room where the rules were noticeable. He said some of these rules were: No.1: They could not talk about food; No. 2: They were not allowed to cook their own food. How much food they provided they had to eat; No.3: 3 or 4 people were not allowed to sit together. They were not allowed to go outside the gate, they were not allowed to talk or make relationship with local people. When Somon Sekdah came to the house, before Somon called them, they were not allowed to go close to him. That was what he could remember.
     
373. He worked for Mr Price as a lead prayer. They told him he had to clean the floor of the two houses at Pango, to cook food for 45 people living in these two houses. He started work at 6:00am to 9:00pm daily. He started work on 1 June 2018 to 19 November 2018. He conducted these prayers 5 times daily in the morning, afternoon and evening. He cleaned the floor of the two hourses everyday. He cooked two meals daily, lunch and dinner. At Pango house, the cooking was done in house No. 2. For lunch he would cook small pieces of beef, round cabbages and pawpaw, same for dinner. He described what he said “small pieces” by showing his fingers. So for 45 people they were given 2 or 3 pieces of beef. Sometime no piece of beef given (none). Beef was cooked on gaz burner, in oil, small spices, and half onions. Sometime, they cooked outside with firewood. He used water too to cook the beef. They cooked sometime 1 and half round cabbage and sometime two with lots of water. They used small pieces of pawpaw in the cooking.
     
374. As to the quality of the beef he ate at Pango was not good. It was smelly. He used to boil the beed several times before he cooked that beef. But could not eat that beef. They threw it away in the rubbish bin. PW6 said several times when he ate that smelly beef, he vomited. He saw various people who ate the same beef vomited too. Because of the quality of beef he ate, he felt his hands were paralysed. He fels he was weak. Nothing was done to the people who were sick. When he was sick, he told Palas about it but they did not provide him with any medicine. The quantity of food provided too was not enough for everybody living there. He wanted to complain but he was scared because if he complained they would beat him.
     
375. They did not have breakfast and people were sick after they had this food. They complained but they were not taken to the hospital. So after the arrest of Somon and Nabilah, they told the police about their health conditions. PW6 said he was one of those. Police provided food to them. Police took some of them who were sick to the hospital. PW6 said he was also taken by the police to the hospital. The medical officers checked on PW6. His pressure was weak. They gave him injections and drips. The hospital provided medicines for him and others. PW6 said he and others did not have to pay for any treatment they had received in the hospital.
     
376. He did not have any break. When he did a job, he finished it and started another one. He worked for 6 – 7 months but he was only paid 3 months but part by part. He explained that in July they paid 23,000 Taka and they paid also 15,000 Taka at the end of July 2018. He did work for the months of May, June and July. When he asked for his salary in July 2018, they paid him two times for the month of salary. They paid his salary to his father in Bangladesh. He was supposed to be paid 50,000 BD Taka every month. He was not paid for the months of May and June. In his calculation, he was not paid for 3 and half month salaries that he had worked.
     
377. The money that he paid to come overseas was through the sale of his land, borrowed money from the bank and relatives and used his personal savings. He could not repay the money loaned or borrowed. He only just repaid 2 Lak Taka. He understood that his employer was Mr Price Company’s boss, Somon Sekdah. He understood also that the money he paid in Bangladesh went to Somon Sekdah. PW6 said he did not get a work permit. He asked Somon and Palas for a work permit. They told him to get one after one month they received the money he paid from Bangladesh.
     
378. He remembered initially he was supposed to go to Cuba but he ended up working in Vanuatu. He remembered he has asked Somon and Palas about this situation he was faced with. Palas told him, what did he want the country or the money. Somon told him this issue of Cuba PW6 should not ask him again about it. If he asked again Somon threatened to kill him (PW6). This incident happned when Somon took PW6 in his care. Somon drove PW6 from Tassiriki house, followed different road and ended up at Pango road. The threats to kill him happened inside the car when he (Somon Sekdah) was driving the care and both Somon and PW6 were in the car.
     
379. At that time PW6 begged Somon Sekdah “uncle don’t kill me. I will never ask this question again”. Somon told him if he (PW6) had an accident, and if he died nobody could see him again. PW6 related that Anowar was bad with him. Anowar beated PW6 sometimes and informed Somon Sekdah of what PW6 did. Anowar used to do these things and they used to argue with him and PW6 said he ended up crying. PW6 gave evidence of an incident he saw Somon Sekdah doing. Somon Sekdah used to bring in people at Pango house. Somon Sekdah put mental pressure on PW6. One day PW6 saw Somon had beaten 4 people at house No. 1 at Pango. PW6 said he was there. Amir Hossein, Ashraful, Jamal and Sohel Rana were the four (4) people Somon Sekdah had beaten them in house No. 1 at Pango and the space in that house (No. 1) was bigger than in the house No. 2. The beatings occurred in the night about 8:30pm – 9:00pm o’clock. The four people used to live at Pango house. That evening, Somon came with Palas, Musharag, Somon Miah, Kausar, Moinure and others he could not remember their names. Other people were with Somon Sekdah at that tiem, namely Anowar, Ruhul, small Rofic and Nadim.
     
380. PW6 described the scene. First when Somon came in the house No. 1, he called the four people. They came to the room. When they were inside the room, they locked all the windows and doors. PW6 asked and had used the diagram of the house in Exhibit P4 to assist him in his evidence. Somon as sitting there. People who came with Somon were standing there next to Somon. The four people who were beaten were there and all of the others including PW6 were also there. Somon Sekdah was sitting on a chair. His back was on the main entrance. Those who came with Somon were standing on both side of Somon near to the glass door. The four beaten people were sitting in front of Somon and looked at Somon. The others including PW6 were standing around in the living room all facing Somon.
     
381. PW6 saw Somon Sekdah was using a stick, a shoe and his hands. Somon did not tell them of the purpose of the meeting. Somon did not explain anything. So without saying anything, Somon started to assault them. First, Somon used his hand (both hands). PW6 used his hands and motioned his closed hands toward his head. Somon first punched Amir Hossain. He punched Amir’s face, then head and back of the body. Somon made Amir standing up and somon also was standing up when Somon assaulted Amir Hossain. Amir Hossain fell down on the floor but Somon did not stop punching him. Somon also assaulted the three others one at a time. Jamal was the next assaulted by Somon, then Ashraful and Sohel Rana was the last of the four epole beaten in that night.
     
382. Somon assaulted Jamal on his whole body, face, head and Somon used the stick to assault Jamal’s back with a stick and his shoe. First Somon used his shoe, the shoe was broken and then he used the stick. The stick was described and assessed by counsel as 1 meter long stick and PW6 showed a dimension of 9cm width (as square size stick).
     
383. Somon Sekdah got sick after beating the two first people, then, Somon sat on the chair and asked all present to divide themselves into 10 people to assault Ashraful. Some of the people who were there were not involved in the assault. This involved PW6. But the group also accompanied Somon were involved in the assault of Ashraful. There were about 50 people in the living room of House 1 at Pango. 8 or 10 people assaulted Ashraful and Sohel Rana. On the assaults on Ashraful, PW6 saw that first, Nadim started to punch him (Ashraful) then Nadim stopped. Then another assaulted or punched Ashraful, then another one used the stick on the body of Ashraful. Ashraful was moving his body around when he was assaulted by these groups of people. They assaulted Ashraful’s hip, chest and whole body. Ashraful also fell on the floor.
     
384. As to Sohel Rana, they did not use the stick on his body. They slapped and punched him on his face. They kicked his back. The assault occurred more than 2 hours. Sohel Rana also fell down on the floor. There were black spots on their body. Their faces were swollen.
     
385. Then Somon Sekdah asked all to sit down. He then told the four assaulted persons to fight again each other and if one of them stopped, Somon said he will assault him. The four assaulted each others and stopped. Then Somon started beating each of them with the stick. They started screaming. They screamed and Somon Sekdah swore at them that they were the pig’s child (baby) and that they were to the dog’s child (baby). When the assaults stopped, the four assaulted persons were lying on the floor very weak. Somon told everyone not give them medicine or looked after them. If anyone did, he will start again the day.
     
386. After the assaults, Somon Sekdah left with his company and he told them and everyone else to go to their room and sleep. The four beaten persons were lying there until they felt better and they went to their room and slept. PW6 said they did not assist or touch the body of the four assaulted persons as they were afraid of Somon.
     
387. After he saw the assaults on the four persons, PW6 stated crying. Other people cried too. In the room, he was standing holding the bed after that feel down on the floor. He had never seen this kind of beatings before. He never saw some other brothers living in other countries never saw this kind of beatings before. PW6 said he and others wanted to help the four assaulted persons because they were afraid that if they did, they will be also beaten.
     
388. On 19 November 2018, Sohel and Kamrul brought some documents to him. This Sohel was not the assaulted person and Kamrul here was also another one (not Somon’s brother). This Sohel Rana was Mr Price Company’s accountant. They brought him his passport and a document and asked him to sign. They took his finger print and asked him to sing. He did not know what the document was about. The document was probably in Bangla. He asked Sohel to read the document. Sohel told him he did not need to read it. Then PW6 said he just signed on the paper and placed his thumb on it. Sohel and Kamrul did not mention to him of the people escaping until the video clip that was taken. He came to the video after. But PW7 said they explained to them how they will respond to the question the police will ask them and what would be their answers. Sohel and Kamrul threatened him to sign otherwise he will be kicked till death.
     
389. Harun took the video clip near the Shefa house in an open space. That video was taken at the Town house. They called each of them one at a time to take a shot of him with the camera of a mobile phone. There were 50 – 56 people at the time. Haaram was holding the camera (mobile) and he was asked to say something about the people who escaped. He was asked to say that from the people who escaped form Mr price company, Shahin, Kamrul, Farid and others, they did not have any relationships with Mr Price and they did not know them. He could not remember other thing they told them to say in the video. He did not know there was another shooting at Tassiriki house.
     
390. As to the return of his passport, he said his passport was taken away from him from the date of his arrival till the 19 November 2018 when it was given back to him. After they gave his passport back to him, they told him that they did not know him. Moinul, Sohel and Haaram told him so. On 19 November 2018, at about 12:00am – 1:00am in the night, they brought people from other houses to Town house. They also took some to somewhere. These at the Town house were told htat when the police will, they should not talke much and they should not talk to the police. Only Aminul will talk to the police. At about 5:00am in the morning, police came.
     
391. PW6 said he thanked Vanuatu laws. He hoped to get his compensation form the people who did this to him. They should get exemplary punishment. Because of his coming here, he was financially weak. His innocent family was affected. He was not mentally and physically well. The money he had given to Somon Sekdah, he wanted that money back to him through this honourable court. Somon, Nabilah, Palas and Anowar were humas beings but what they did to him he could not accept it. He thanked God from saving him from these bastards. If their brother Shahine did not help them, they were going to die in Vanuatu. He wanted his brother Shahine to live long. He wanted the lawyers to live long. He wished Vanuatu every development and more. He thanked Allah; he respected the court and Vanuatu laws.
     
392. PW6 (Mehedi) was cross-examined by Mrs Karu. It was pointed to PW6 of the evidence given in chief who he did not mentioned in his statement to the police on 19 November 2019. The first point was about the food he said he had cooked at Pango house. He accepted he did not put into his statement. The second point was about the rules at Pango house. He responded when he made his statement, there were notice or rules at Pango house but he did not mention that in his statement to the police. It was suggested that before he came to give evidence he was approached by Shahine, PW6 denied that. He was challenged and he confirmed his evidence that he cooked and cleaned the house and leg the prayers. He started work from 7:00am to 9:00pm. As to Shahine also cooking at Pango house, he said he did not know as by that time he was moved to Town house. As to whether Anowar will have his time to cook as it was done routinely, PW6 said when he cooked at Pango house, Anowar had never cooked food. He was asked answered he was allowed to communicate by phone with this family but Anowar used to stop him and did not help him. He maintained that Anowar never allowed him to talk. He was asked about all his arrangements to come to Vanuatu, it was suggested to him that Anowar was not involved. PW6 maintained his evidence that not Anowar but Palas was involved in his arrangements to come to Vanuatu through Somon Sekdah. He was asked and he confirmed his evidence that while in Pango in Somon’s car Palas was there but did not say anything, he said he asked Palas, then, Palas told him to pay the money as he had to pay the uncle money. On the points he was told he did not mention them to the police when he gave his statement, he said he did not recollect of their points that was why he did not tell the police of them.
     
393. PW6 was cross-examined by Nabilah. Relevantly he was questioned on the voice he heard from Sojal’s phone when he increased the volume and PW6 was told it was Somon, he answered it was hundred per cent (100%) Somon. The person who talked said he was the owner of Mr Price, Somon Sekdah. Before he travelled he never saw Somon and he never talked face to face with him. He saw Kamrul Sekdah, Kamrul told him he was the elder brother of Somon Sekdah. He was taken through the money he paid through Josim and he confirmed them. He was challenged on the fourth instalment payment that his younger brother of 18 years did sign the paper. PW6 maintained that Josim gave him this paper and told him to sign. He accepted there was not payer signature on that government payment form that, it was not a fake document but it was a true paper. He was asked and he said Rubel full name was Baejid Ishmal Rubel, the big brother of Alamine who gave evidenc in this court. He was asked he accepted that he gave evidence that he was first given an amount of US$400 to carry but when he made his statement to the police he stated US$500. That was his mistake. His evidence was that US$400 was the right amount he was first given.
     
394. He confirmed he did not have a work permit but he was working for Mr Price (as prayer leader, cooking and cleaning the rooms in the houses at Pango). He agreed there were businessmen sleeping at Pango house.
     
395. On the notice or rules at Pango, he said they were written and they were Mr Price rules. There as no signature on the notice. He was asked and he stated he did not have any written agreement with Mr Price but PW6 said his witness was Mr Somon Sekdah and Mr Somon could tell. He did not have any document but Mr Somon Sekdah was the document. He was asked about cooking at Pango, he stated he was the only one at the time he stayed there. He was asked by answered that inside the house he lived in at Pango, he could move around in but he was not allowed to go outside the house. He was asked he stated there was security guard and the gates were not shut from the outside. He was asked he accepted there was a wifi set in house 2 at Pango. They used to communicate with their family. He did not use it every day.
     
396. He was taken to the incident of assaults he testified in his evidence in chief at Pango. He accepted he described a stick or timber. He accepted he did not provide that stik. He was asked he confirmed that when Somon left, no one took the picture of the notice (rules) as they were afraid. The incident of assault was not close to the time Somon and Nabilah were arrested. The incident occurred probably 4 months before the arrest. He accepted those assaulted person were never provided with medical certificate. The 4 people assaulted were not taken to the hospital by the police. He was asked about the number of people present during the assault incident at Pango; he said 50 people from Bangladesh save, one with American passport holder (referring to Somon Sekdah).
     
397. He was referred to the incident Somon took him in his care and threatenened to kill him. He stated he went in Somon’s car 4 different times he was in Vanuatu. This incident of threats happened in the first itme he went into Somon’s truck from Tassiriki to Pango.
     
398. He was asked about food and meat, he confirmed rice, pawpaw, beef, and cabbage was and asked about chicken. He say may be two (2) times.
     
399. He was asked about the Ramadan period the fasting month. He accepted they cooked rice with lots of water which is called “Kichuri” made up of rice, water, salt and some spices. He accepted he had fruits but he stated these fruits were not for all Bangladeshis. He accepted one Monday during the Ramandan month; he came to Somon Sekdah’s house. The reason was to introduce Nabilah and to break the Ramadan they had food and Somon showed them his house. Somon Sekdah’s elder brother brought some people at the time and they met with them. Pictures of the feast had, been shown and he confirmed these. Also pictures were taken at the time of those taking part during the time Somon showed to them his new house.
     
400. He was asked by Nabilah to indentify a particular photograph, Kamrul Sekdah, the elder brother of Somon Sekdh. On that occasion, he was asked by Nabilah and he confirmed and added that Somon Sekdah and Kamrul Sekdah were also there and they all sat on the floor. Nabilah showed him a particular photograph taken that night to identify Kamrul Sekdah. PW7 said Kamrul Sekdah was wearing a dark glass, Kamrul picture was there. In this photograph, they tried to hide Kamrul that was why the cropped (cut) the photograph with others. He was asked he accepted that at that time they used their mobile phone and took pictures. He was aslo asked and he stated Somon did not say anything about him using his phone.
     
401. PW6 was re-examined. PW6 explained that he did tell the police of his role as a chef at Pango but the police did not ask him about the details of what he was cooking. If the police would have asked of him of the details, he would have tell the police of the details of what he told the court he was cooking when he was at Pango.
     
402. About the notice outside Anowar’s room, he did not tell the police as there were many things he did not remember at the time. But he told the court because he remembered them. The particular place the notice was, he cleaned the house everyday on that place. The place he cooked was not far from Anowar’s room.
     
403. He was referred to the evidence of the fourth payment of the money he made; he said the government paper was a document made and sent by Josim and his younger brother. Josim told him that was the receipt of the money and that he had received his money. He confirmed his evidence that when Shahine arrived in Vanuatu, he was moved from Pango to Town house a day before Shahine arrived in Vanuatu. As to the security guard or gate, he maintained he was not free to leave Pango house when he lived there. On the number of people living at Pango in both houses, there were 43 – 45 people.
     
404. He as asked about pictures taken in religious celebration, breaking of day fasting for all Muslims, this was a special common feature, the picture 1 showed in MFI1. PW6 was invited and he gave his reasons for being invited by Somon on that occasion:
     
     • (1) PW6 came to Vanuatu. They provided him with good food as showed in the pictures they took and sent to their families. So that their families will see that they were having good food in Vanuatu;
       
     • (2) Somon Sekdah’s elder brother (Kamrul Sekdah) arrived that was why they organized this event;
       
     • (3) They normally provided bad food and they used to have good food in their house at Elluk;
       
     • (4) He was Hafix; he was requested to say the prayers. They told him to do the prayers on the occasion of the birthday of Somon’s grandson and when Somon made his grandson became his son.
       
405. PW6 clarified that not all people living at Pango house were invited at his feast. Only two persons from Tassiriki were invited all the rest were not invited. None from Town house was invited.
     
406. PW6 gave evidence to the court as a critic of meals served at Pango, smelly beef, pawpaw, round cabbages. Food shown in pictures 1 and 2 were not the kind of food given to them at Pango. There was no juice in the glass served on the table at Pango house. They did have nice meals like that. There was only good food in their house at Elluk. PW6 said at that time, so felt as bad as he had never had this kind of food and even in Bangladesh. Somon did not provided the same hospitality he showed on that occasion to PW6 when he lived at Pango or at Town House.
     
407. PW6 (Mehedi Hosan) is a reliable and credible witness.
     
408. Shabus was the prosecution witness No. 7 (PW7). Shabus is of 22 years. He came from Bowcadpur village from Tangail District, Bangladesh. He is married with 2 children, a son of 4 and a half years and a daughter of 2 and a half years. He looked after his father and mother and wife. Before he left Bangladesh he had a travel agency business. He owned that business and he employed 2 persons.
     
409. He was in the court because of the case that he was brought from Bangladesh to Vanuatu. He knew the job overseas through Shohag’s father as Shohags’ father place is near his place. Shohag’s father told him that his son (Shohag) lived in Australia and had big business there. Shohag’s father invited him to come to his house so that he could give him more information. PW7 came to Shohag’s father, later, and at that time Shohag’s father was taking passports and money from other people and he has asked PW7 to wait. Shohag’s father called PW7 on another day. He told PW7 that his son was working in Australia and that if he wanted to go there he had to pay 12 Lak Taka. The company’s name was Mr Price. The owner of Mr Price is also from Tangail District, Bangladesh. If PW7 worked there, his salary will be 50,000 BD Taka. The company will give him food, accommodation. His overtimes will be paid. If he paid for his own food and accommodation, his will be paid a salary of 80,000 BD Taka per month. Shohag’s father told him of other option as a businessman. PW7 said Shohag’s father agreed for him to be given work as a salesman.
     
410. Shohag’s father told PW7 to pay the money at his house. At his house Shohag’s father told PW7 that he had to submit his passport as soon as possible because this would be the last group of retcruitment. PW7 provided his passport and asked to pay 3 Lak Taka. PW7 paid 2 Lak Taka. PW7 was able to speak to Shohag as his father gave Shohag’s IMO number to PW7. PW7 called Shohag and told him of what his father said. Shohag told him everything was alright.
     
411. Two weeks later Shohag told him he will organize his flight soon. PW7 had to take 8 Lak Taka to his father. PW7 paid the 2 Lak Taka. Shohag’s father did not provide a receipt for the payment of 3 Lak Taka nor a receipt provided for the payment of 3 Lak Taka or the last 2 Lak Taka paid. Shohag confirmed to PW7 he had received the 3 Lak Taka his father paid. Shohag told him that his flight will be on 27 March 2018. Shohag confirmed also he had received the two last payments. In total Shohag said he had received 5 Lak Taka. Shohag told PW7 to pay the 3 Lak Taka outstanding before the flight to Dakha Kuala Lumpur bus station. He paid the remaining 3 Lak Taka to Shohag’s father. PW7 went to Dakha, Kuala Lumpur bus station and Somon Sekdah’s brother came, Kamrul Sekdah.
     
412. At Dakha, Kuala Lumpur bus station, Kamrul Sekdah told PW7 that his Indian visa was not yet ready that he will get the next flight. No arrangement made for his next flight, PW7 atake to Shohag. Shohag made arrangement with Somon that his next flight will be on 10 May. He was told he had to be at the Cantroman Railway station. On 12 May he did go to Controman and Nasir Abassi and Josim received him at that railway station. Kamrul Sekdah then arrived 5 minutes later. They gave PW7 his passport, railway ticket and US$400 cash and 25 T-shirts. They told him to carry and at the destination, Palas will take the 2 blue T-shirts of him after he would arrive in Australia. His next destination was Golgotha, India. Josim travelled with PW7 and 3 – 4 Bangladeshi from Borisahl and 5 others from Tangail District.
     
413. At Golgotha, they went to the hotel Queen in hotel and stayed for 1 night. They left hen for New Delhi, India. They provided some food to them for dinner (rice and dal). No food provided the next day. Josim escorted them to another hotel, New Oxford Palace on 14 May. They got some rest. On 19 May, Kamrul Sekdah came and met them at the hotel. Kamrul talked to them that they all knew him. On 20 May, Kamrul gave them US$5,000 each, their passports and tickets. Kamrul Sekdah told PW7 that he had given again US$5,000 in addition to the US$400 he gave PW7 at Dakha. All these monies they had just to carry them and Kamrul told them he was also travelling with them. They travelled and carried US$5,000 plus US$400 to Australia. PW7 had also carried the blue T-shirts he was given to carry by Kamrul at Dakha. They stayed in that hotel for 6 days and they had been provided with food and drinks twice a day. At Golgotha, he share room with 5 people and there were only 2 beds. At New Delhi, he shared room with 3 people and there was just one (1) bed. Their next destination was Singapore on the same day at 8:50pm. They spent 14 hours at Singapore airport. They were just stayed at the airport. They asked food to Kamrul, he swore at them and gave them some food. He swore with the use of the words mother and the finger. Their next destination was Fiji. They arrived in Fiji on 22 May at 9:00am. They stayed 2 nights in Fiji at Maya Hotel. PW7 shared the room with 3 people and there was a bed. They left Fiji on 23 May at 7:00am o’clock. Their next destination was Vanuatu. They arrived in Port Vila, Vanuatu on 23 May at 9:00am o’clock.
     
414. After immigration, they came out of the airport, Somon, Nabilah, Palas, Shohag and some others came to recived them. Somon Sekdah drove them to Tassiriki house. At Tassiriki house, Shohag and Sohel (Accountant) came to PW7; Somon was sitting there, asked PW7 to give them his passport, US$5,000 and tickets including boarding passes. He did not understand that he had arrived in a country called Vanuatu as to his understanding he was supposed to be in Australia.
     
415. After they had taken these things out from them and gave them to Somon Sekdah, they took PW7 and the Tangail people to Pango house. He stayed at Pango for 4 – 5 months. PW7 identified the two houses, the room he was occupying being Room 2 in house No. 2. 24 – 25 people were living at house No. 2 at that time. Shohag was the supervisor at the time. Shohag left and Anowar replaced him as the supervisor. When PW7 arrived in Pango, Somon asked Shohag to ask PW8 to pay his outstanding quickly. Somon was not introducted at that time but the next day on 24 May. On 24 May Somon arrived at Pango with 3 others and had a meeting with all of them. They gave Somon a chair and he sat on the middle. Shohag introduced Somon. Somon was the owner of Mr Price. Somon Sekdah acknowledged he had received the money that PW8 had paid earlier and aske Shohag to tell PW7 to pay the outsanding of 12 Lak Taka quickly. Shohag told him to pay 4 Lak 32,000 Taka. Early PW7 was told to pay 4 Lak. They explained to PW7 to pay 32,000 Taka because his flight was on 17 March, the Indian visa was later. These are the additional charges for the visas.
     
416. PW7 said he paid the 4 Lak 32,000 Taka he was asked to pay Somon Sekdah as charges for additional 32,000 Taka. Initially, PW7 did not agree to pay. He wanted to know the reason for such additional charges. He said this to Biplop. Biplop called Shohag and informed him of this. Shohag called Somon as he was angry because PW7 did not agree to pay 4 Lak 32,000 Taka. PW7 gave evidence of the ways they tried to make him pay the money. Shohag told PW7 that if he did not pay the money within a week, Somon told him (Shohag) that PW7 will get out of the house. Shohag pur PW8’s bag outside the house in the verandah and told him that if he did not pay the money on that day, PW7 will no longer be allowed to go back in the house. Shohag told him Somon told him to do that.
     
417. PW7 agreed to pay the money but he did not agree to pay the business money amount. When they put his bag outside at the veranda he agreed to pay the business money. He explained that they put his bag outside in the veranda from 12:00pm o’clocl until 9:30pm of the next day. The veranda was the open space outside the house. PW7 was also put outside the house and he was also in the veranda outside. They did not give him anything to eat.
     
418. He gave evidence of the similar sort of conduct they did to him at the Muslim hid in 2018. In the festival hid they tried to make him pay the money when PW7 was refusing to pay the money Shohag removed awayf from his plate of shamay (a kind of food of noodles, vermicelli with milk ...) after he had started to have the first spoon of that food. Shohag told him that was the instructions of uncle Somon if he did not pay the money and he will be put outside the house. They will stop providing food for him. All people living in the house were there. That particular meal was important for a Muslim including poor people. He felt very bad and cried. PW7 felt at that time that he was not a human being because it is a special day and someone did this to him. This food was important for a Muslim because after they fasted for 30 days, they have that food. Allah was also happy that they shared that food. He said they also shared that food with the poor and people of other religious faith.
     
419. PW7 said he paid 1 Lak Taka for the business money. He paid that money because they were putting pressure on him. But he accepted that he paid out for a business to be set out for him. The business was never set up for him. PW8 said he had asked them when and how it will take for him to get the business. He was told the market will be opened on 15 December and the showroom will be opened on 7 December. The showroom was never opened. He asked for a business card to be given to him. They never gave him a business care. PW8 said they were 16 or 17 businessmen living at Pango who were in the same situation he was.
     
420. When he arrived in Vanuatu they put him on work. Sometime he cleaned the house, sometime he cooked. Shohag told him to do these things. He cleaned the house, the yard and the road that uncle was using when he came to Pango. For 2 – 3 days he had cooked for the business people who stayed in the house at Pango. He cut the grass with the bush knife. There was no time limit for owkr. When Shohag wanted, he will just ordered him to work. He did this work for 3 or 4 months.
     
421. Shohag left and Anowar became supervisor of Pango house. At that time Mehedi used to cook at Pango house. Anowar required me to clear up around the house outside. He was paid for the 3 or 4 months work.
     
422. At that time Somon Sekdah offered him a scrap metal business. PW7 referred to 15 – 16 people collected pieces of scrap metal from the local people houses to Somon Sekdah’s office. Somon paid them VT20 per kilo. Most of the time, they noted the name and contact number of the local persons they found a scrap metail in his house or area and brought that number to Somon Sekdah’s office. Somon will go with Palas, Fojhi and Saifur and collected the metal without paying them the money. PW7 felt bad and hurt. He felt he had just wanted to kill himself. This was not what he was expecting when he was offered business by Mr Price. Even as he tried to start a business, this was not the way he had wanted to be treated. He was not expecting something like that when he had started his journey from Bangladesh from what Shohag told him. Shohag told him to set up a business of shoes, t-shirt, trousers and garments.
     
423. PW7 expressed himself that he felt he had just wanted to die. He explained that saying that because his family paid lots of money to send him over. He was not working but just sitting around. Six (6) or seven (7) months he was not given a business or money. Sometimes he communicated with his family at Bangladesh, his mother asked for some money and he told his mother he did not have money. He did not money because they company owner took every money from him.
     
424. Based on Exh. P4, he identified the two houses at Pango and said he lived in house No. 2. People at Pango had their meals at the living room of house No. 2. They had two meals (lunch and dinner). Same food were cooked and served for lunch and dinner. They would have rice sometimes semlly pieces of the beed boiled with water, tamarin powder and one or half onion and one round cabbage. This food was for more than 40 people. The quality of the food provided at lunch and dinner was bad and this explained why they could not finish the food. The left over food at lunch time, they boiled it in water with tamarin powder and they gave them to eat for dinner. The left over food for the other day, was served to them, they had to eat this before they had food cooked for lunch otherwise, and they would not have any lunch. They provided the food at lunch and dinner like that. PW7 said after he had these foods, he vomited. Most of them vomited after eating this kind of food. He said he could not compare that food with what he has in Bangladesh. The beggers in Bangladesh did not have that kind of food.
     
425. Shohag and Anowar were supervisors at Pango house. At Pango house, there was a notice at the hall. No one was allowed to go outside the house. Whatever food they provided, you were not entitled to complain. If you complained, Somon could kill them. Somon was no a human being. They were all afraid of Somon.
     
426. He referred to a notice on the hall and whatever the food, he could not complain about them. As to other rules, they were not allowed to get together. They could not share with the family at Bangladesh anything that had happened here. One day he obtained permission from Anowar to go to the football field with two of his friends. At that time Somon Sekdah came to the house and could not see us. Somon came to the football field and took them to his office. They were just walking around at the football field as they were sitting in the room all the times. At the office, Somon swore at them telling them that they were pig’s baby, dog’s babies. Somon questioned them why they went there, something wrong could have happened to the company. PW7 apologized to Somon. Somon warned them not do so this again and that was the last warning. To PW7’s understanding of the rules, if he did not follow the rules, Somon will take him somewhere and kill him. The notice he referred to was on the hall in the living room where they used to have their meals. The notice was on the hall of Anowar’s room near the living room. PW7 said he could see the notice from the living room. PW7 said Somon told Sohel (the accountant) to type this notice. Sohel typed the notice and put it on the hall of Anowar’s room outside.
     
427. On 19 November 2018, at that time PW7 was living at Tassiriki house. In the evening, Palas and Saifur (the driver) entered the house, and told them that the police will come to the house at 10:00pm o’clock. They told them to be in group and walked to the Shefa house or Town house (new house). They need to leave the house at 10:00pm o’clock as the police could come anytime in the night. Mama (Somon) told them that if police came to any houses (mama’s properties), police led Mama knew first of their coming. They went to Town house they did not carry their bags. When they arrived at Town house, Haaroun gave PW7 his passport and a copy of a visa. They showed him a room and told him to get in and stay there. Mama had already talked to the police. If the police came, they would just show their passport. They should not be afraid.
     
428. Before 19 November 2018, Sohel, Kamrul and Harun went to Tassiriki house, called all of the people living there including PW7 and told them that Shahine, Kamrul, Mofajal, Farid, Mushahed escaped to destroy the company, so Mama sent them to save the company. So Harun explained to them that he will take a video of what each will read on the paper. Sohel will hold that paper in front of the camera. They all read the message on the paper in front of the camera. PW8 confirmed that the message in the paper was what he told the court already that Shahine, Kamrul, Farid escaped to destroy the company. The message was written by Somon to save the company. That message was written in Bangla letters. They proposed to pay them US$20,000 and return tickets if they read the message on the paper. He said he did not want to but they forced him to do it. He did this at Tassiriki house. This was done before 19 November 2018. PW8 said the message was false. They did not pay him US$20,000. This was a lie and they forced him to read the message on the paper.
     
429. Based on Exhibit P4, PW7 identified Kamrul Sekdah as in photo C; Nacir Abassi as in photo D; Taibur as in photo B (page 3). PW7 was asked to say anything he wished to say. He stated first, that they told him to go to Australia. This experience destroyed his family. He had two children. He did not have money to buy milk for them. Sometimes his father called him and asked for money. He could not send him oney. He thought of himself what kind of son or father he was. To come to this country, he sold his land, he loaned money from the banks. He did not pay the loan yet. The bank put pressure on him. Somon Sekdah got him here; he had bad relations with his parents. They destroyed everything for him. He made a request to the Court, the government; he wanted Somon and Nabilah to be hanged until death. He did not want to be released and go somewhere else and destroy the life of people like him. He respected the laws of Vanuatu, the courts.
     
430. PW7 (Shabus) was cross-examined by Mr Livo and Mrs Karu. He was asked whether the notice was place on Room 3 or Room 4. Anowar used to live in room 3 and Shohag in Room 4. The notice was on the hall of Room 4 (Shohag’s room). When Shohag left, Anowar moved into Room 4 and the notice was ont eh hall of that Room 4. He agreed Sohal was the one who placed the notice.
     
431. Cross-examination of Shabus (PW7) by Nabilah. He read little bit of English. He was assisted by someone when he gave his statement to the police. It was suggested the person who interpreted for him when he gave his statement to the police was Mustafizur Shahine. He denied. He confirmed he had a travel agency business in Bangladesh before he came to Vanuatu and he had that business for 5 – 6 years before he came to Vanuatu. He agreed he spoke to Somon through IMO number when he was in Bangladesh. It was audio calls. He never met Somon face to face. At Pango, when he lived there, he denied that others cooked as he was the only one doing the cooking for everyone. PW7 was challenged on his evidence that after Somon warned him and the two others not to go back to the football field as something bad might happen to the company and of the possibility that could happen to him if he returned back to the football field that Somon will kill him. It was put to him that that was his imagination. He denied that that was an imagination as Somon made that threat against him.
     
432. On the major part of his evidence when cross-examined by Nabilah PW7 confirmed and maintained his evidence in chief.
     
433. PW7 was re-examined on what was written on the paper he was asked to read that document that was in Sohel’s hand when the video was taken. He confirmed a copy of that document was produced and marked as Exhibit P14.
     
434. PW7 (Shabus) is a credible witness.
     
435. Islam Ashraful, prosecution witness No.8 gave evidence (PW8). His evidence was to this effect. He was 31 years old. He is from Mohandulipur village of Tangail District, Bangladesh. He had a son of 1 year old. In Bangladesh, he lived with his wife, his father and mother and his younger brother of 20 years. His father and mother were 49 and 50 years old respectively. He had a chicken farm before he came to Vanuatu. He had 2,400 chickens that produced eggs. He had that business for 6 months. In 2007, he went and worked in Malaysia for 12 years and returned back to Bangladesh in 2017. In Malaysia, he was a cashier and salesman in a supermarket. Before he came to Vanuatu, he sold his chicken farm to raise fund for his coming to Vanuatu. He came to court to give evidence about his travel to Vanuatu.
     
436. Anowar and Mushaed told him of the work in Vanuatu. Mushaed introduced Anowar to him. Mushaed called him and gave him Anowar’s mobile number and PW8 said he then communicated with Anowar. This was back on 2017. Mushaed was his childhood friend. Mushaed told him that he was in Vanuatu. He was working for a very good company. If PW8 wanted to come and work with him, he will be paid 50,000 BD Taka per month salary. Anowar also was at the time in Vanuatu. When he communicated with Mushaed, he also communicated with Anowar. Mushaed told him that the company’s name was Mr Price and the owner of that company was Mr Somon Sekdah. He also communicated with Anowar. Anowar also told him that Mr Price was a good company. The salary per month will be 50,000 BD Taka and the company will provide for the food and accommodation and a return ticket 2 or 3 years after. If he wanted to go Australia, he could give them extra money and they will send him to Australia. Anowar told him the company will provide good food, quality food. He mentioned there will be 3 meals a day. They told him they will offer him a work in a restaurant or resort hotel.
     
437. PW8 agreed with them for work in a restaurant or hotel resort. They told him to give his passport and money. He had to pay 12 Lak Taka to go abroad. They told him to pay the money in Bangladesh to Nazrul who was thei agent. Nazrul and PW8 lived in the same area. PW8 went and saw Nazrul and told Nazrul that Anowar and Mushaed told him to give his passport and money to him (Nazrul). He gave Nazrul 6 Lak Taka. Nazrul received the 6 Lak Taka but he did not provide a receipt. He gave Nazrul 6 Lak Taka in cash money and his passport. Anowar and Mushaed confirmed to him by phone that they had received the money he paid through their agent Nazrul.
     
438. Nazrul, then, contacted him and told him to go to Indian Embassy in Dakha to apply for an Indian visa. Nazrul told him that someone form Somon Sekdah’s side will help him. This was Nacir Abassi. Nacir Abassi took him to Indian Embassy and Kamrul Sekdah, Somon Sekdah’s brother was also there. His passport was processed. Nazrul contacted him and informed him that his Indian visa was ready. Nazrul asked him to pay another 2 Lak Taka. He paid that 2 Lak Taka. He had then paid a total of 8 Lak Taka.
     
439. Anowar and Mushaed communicated with him and told him of his flight date was 13 November 2017. Nazrul told him before PW8 left Bangladesh that he had to pay the outstanding balance of 4 Lak Taka when he arrived in Vanuatu. He travelled to Dakha on 23 December 2017. He travelled with Nazrul and Nacir Abassi by bus. PW8 travelled with another 4 Bangladeshis. The four other persons were also recruited like him. At Pakhai, Kamrul and Taibur came and met them. From Dakha, their next destination was India.
     
440. They took a bus with Kamrul Sekdah, Taibur, Nacie Abassi and 19 others Bangladeshi recruited like him. In order to cross to India, they had to go to Benapur border. At Benapur Kamrul and Taibur gave him US$1,000 before they crossed the border. It was then 24 December 2017 and at Benapur border the police stopped them. That was the police at the immigration border point. The police stopped them because they carried US$1,000 and on his passport it was endorsed on US$500. One of them carried US$500 with the same endorsement of only US$500 on all their passports. The police then, checked 5 or 7 all passports and they took 19 passports with them and the police asked if they carried US$1,000. PW9 said they said yes to the police. Then Kamrul and Taibur gave them some money and the police left them cross the border. The police released their passports.
     
441. Their next destination was Golgotha. They stayed in Golgotha (India) for 1 night and half a day. They had day they spent in a part and the night, they spend in a hotel. They took them in the part because they booked the hotel just for the night. At the hotel, Kamrul and Taibur took form them their passports and the US$1,000 each carried with him there. Thye did not provide them with food on that half day. From the park, they took them to Golgotha airport. They travelled from there to New Delhi, India by plane. They arrived at Delhi about 7 – 8:00pm, spent a night in a hotel. There were then 20 workers and 3 escorters (Kamrul, Taibura and Abassi). They shared 2 rooms. 10 or 12 people slept on the floor. There was only a double bed. They provided no food as the shops were closed.
     
442. Before they left the hotel at New Delhi, Kamrul and Taibur gave them US$6,000 each and some buttons to carry with them to their final destination. Kamrul and Taibur told them not to lose the money. If they lost the money, the have to repay. Exhibt P4 (page 6) was showed and he confirmed the buttons they carried were like these.
     
443. At New Delhi International airport, they met Nabilah Bibi and Josim. At that point in time there were escorted by Nabilah, Kamrul, Taibur, Abassi and Josim. He said the escorters had briefing with them about Vanuatu as some of them did not know Vanuatu. Taibur introduced Nabilah to them. Taibur told them Nabilah is her mother, the wife of the owner of Mr Price Company, Somon Sekdah. Taibur told them that if anyone asked, they would just say Vanuatu. Their next destination was Singapore.
     
444. They arrived at Singapore in the midnight. They stayed for 2 – 3 hours. Their next destination ws Fiji. At Singapore airport, no food was provided. Neither food provided in Fiji. Their next destination was Vanuatu.
     
445. The arrived in Vanuatu on 28 December 2017 at 8 – 9:00am o’clock. Somon, Palas and Shohag received them at the airport.
     
446. He was referred back to his evidenc ehtat at the border crossing Bangladesh and India; he said Taibur and Kamrul paid some money to police immigration officers. PW8 explained that they were in line. Police officers searched them and they told the police that each had carried US$1,000 dollars. The police took their passports. They told the police that their bosses were behind them on the line. They called Taibur and Kamrul. Taibur and Kamrul then talked to the police officers and they gave money to them. The police released their passports and they crossed the border as the proble was resolved. Taibur gave the money to the police officer. The exchange of the money and passports we retaking place ofn the side of the counter. PW8 demonstrated how the exchange was made.
     
447. From the airport at Port Vila, Vanuatu, he met Somon, Palas and Shohag. They took him to Tassiriki house. At Tassiriki house, Somon, Palas and Shohag took out from them, their passports, tickets and US$6,000 they carried. That same night of 28 December 2017, a meeting took place at Tassiriki house at 9:10pm. Somon, Taibur, Palas and Shohag organized the meeting. There were 35 to 40 people living at Tassiriki. That included PW8 and the 28 others who just arrived. Somon Sekdah told them to pay the money by the next day. If they failed to pay the money by the next day, Somon said he will put them into the deep freezer. PW8 had already paid 8 Lak Taka before he came to Vanuatu. He had an outstanding of 4 Lak (400,000 BD Taka). PW8 responded he needed 2 or 3 days. Somon also talked about the company’s rules.
     
448. PW8 said Somon told them of the company rules at that meeting in the following: they were not allowed to sayd anything bad about the company; they were not allows to complain about the food; they were not allowed to go outside the houses without permissions; they were not allowed to get together; they were not allowed to talk to local people and they were not allowed to meet with local people. When Anowar, Palas and Shohag gave instructions on these rules, they had to follow these instructions. They were not allowed to cook their own (personal) food; when they communicated with their families, they needed to communicate inside the house; they are not allowed to share anything that was negative with their families about the company. If they felt bad and wanted to cry, they were not allowed to cry in front of everyone but they have to go to the toilet to cry. PW8 was told to forget Australia. He was then working in Vanuatu. They told PW8 if he did not pay the money, they will have to stop providing food to him and he will be put outside of the house. PW8 talked to his family about this outstanding money of 4 Lak Taka. His family had paid the money. PW8’s father paid the 4 Lak Taka to Nazrul. There was no receipt provided for that payment. But Somon, Palas, Anowar and Shohag told him they had received his money.
     
449. Anowar talked to PW8 and told him to day 60,000 BD Taka. The reason being that PW8’s passport had some problem, so Anowar gave 60,000 BD Taka to Somon to fix the problem and he was asking PW8 to refund that money. Anowar spoke to PW8 about this 60,000 BD Taka, for 3 days after he had arrived in Vanuatu. The money was paid but no receipt was provided to PW8 by Somon or Anowar. Anowar put pressure on PW8 that if he failed to pay the money (60,000 BD Taka), he will stop providing food to PW8, he will put him outside the house and he will not give him any work. PW8 said Anowar also talked to Nazrul and asked him to put pressure on PW8’s family. PW8 was not happy with this money Anowar was trying to get him paid. PW8 talked to Somon about it on the basis that he did not believe in what Anowar was saying to justify the payment of this money. PW8 said his contact was 12 Lak Taka, Anowar asked him an additional 60,000BD Taka. Somon Sekdah told PW8 that he would solve his passport problem a week later.
     
450. A week later, Somon told PW8 he (Somon) had spent 27,000 BD Taka and that PW8 had to repay that 27,000BD Taka. Anowar heard that PW8 went to Somon and complained to him as the consequence, Anowar gave PW8 punishment to clean the house, to cook the food at Pango house. This punishment was about his passport.
     
451. PW8 gave evidence earlier that when he arrived in Vanuatu on 28 December 2017, his passport was taken out of him. He did not get his passport back from Somon or Anowar. He did not have his passport with him. He saw his passport for the last time when he arrived in Vanuatu on 28 December 2017 at Tassiriki house and was moved to Pango house. He stayed at Pango house for 9 – 10 months. At Pango he stayed with Sohel, Jahitul, Nasir, Shofikul Islam, Minuwar, Firuz, Kamrul, Shahine, Alamine and others.
     
452. Based on Exhibit P4, PW8 identified the two houses at Pango, the central and other gates. PW8 lived in house No. 1 in Room 2 with 6 other people for about 10 – 15 days and he was moved to Room 4. PW8 did not want to move to room 4 but Anowar forced him to room 4. Anowar told him Somon Sekdah said so. The 6 people he shared the room with were from his village and PW8’s friends. In room 4, he was with 4 others but from different villages. PW8 said he could not move freely and talk freely with the 4 others he moved with them in room 4. He could not talk to them freely because they said PW8 could not talk to them. Anowar said PW8 could not talke to them. Anowar was the supervisor at Pango at that time. PW8 said they have to follow what Anowar said.
     
453. The food was of bad quality food. He had lunch and dinner, sometimes breakfast. They did this on the first time they arrived after, they no longer provided breakfast. They provided small pieces of beef, 2 or 3 small pieces for a person (he described using parts of his finger). The quality was very bad. Sometimes the beed was smelly. They used to kill pregnant cows. Sometime a baby cow was inside the killed cow. They used to have boiled cabbage with lots of water, only 3 cabbages cooked with lots of water for all to eat, 60 people. Sometimes they had green pawpaw. The food served was not enough for him because he could not eat this food. He used to cry. He was forced to eat this food as he could not complain. For a human being, he could not live have this kind of food.
     
454. When he ate the food because he could not complain, the food reacted on his body as food poisonining. He had some physical problems. When he was under Somon Sekdah for 1 year, he neverhad a full stomach (his stomach was never full). He could not complain about food because they gave instructions that they could not complain about the food. If they complained, they will stop providing food, they will put him out of the house, and they will not give them any work or job. He was given this work after he arrived. It was then 9 months and 18 days. This work was opposite Tana Plaza. Based on Exhibit P4 (page 19) he identified the place he had worked. He worked for 14, 12, 10 hours. He started work at 7:30am.
     
455. PW8 said he used to do platering, mixing cement using the spade, cut the stones and made holes. He also did the painting. He also took out rocks out from the sea and brought them on the site. He used his own hands. There is no equipment. PW8 explained that they used their own hands to dig out the stones. There were blister on our own hands. They did not provide him with anything to protect his hands. For safety purposes, they did not provide shoes, gloves or helmet. He cut the stones using the shavel and pic. He also made holes using shavel, spade and pic. He described his work at the Tana Plaza as heavy work. It was very hard and it was very hard for him. He had never done this work before. He had never expected to do this kind of work then he was told to come abroad. He had not and never expected this kind of work. They had lunch break for 25 – 30 minutes. Palas and Anowar were the supervisors. At the site, they were not provided with water as there was none. But later there wsa pipe of water connected to the site. The work was heavy as they worked under the sun and there was no water. They could not stop working Palas and Anowar strictly supervised them. If they stopped working they reported this to Somon Sekdah. Somon will give them punishment, including stopping salary, got angry, put them out of the house.
     
456. As to lunch, sometimes Anowar and on other times Palas provided lunch at the site. First, they used take away boxes and after they used small containers. The food was allocated to one person with one container. There were instances where some of them missed out of their lunch. This happened when Anowar brought the food and said someone out of them had one packet extra. Anowar used to ask them to have the extra container back. If they confirmed that they just had one container each and that no one had an extra container, Anowar used to call Somon. When Somon arrived he got angry with them and told them that because of this, the next day there will be 4 containers less, then the next following day 6 containers less and the next following day 8 containers less. PW8 explained that this meant that on the next day 4 of them will not have their lunch. Those who had their containers could not share their food with those who had no food. Somon said they were not allowed to share food or buy food from outside.
     
457. PW8 gave evidence that Somon said to those who distributed the food that when they were giving out food, they (workers) had to run to catch the food from them (distributors). PW8 gave detailed accounts of the fact that the first day when the distributors provided food less 4 containeers, on that day, 4 people had no fodd at lunch time. The next following day, the provided food less 6 containers, on that day, 6 people did not have lunch. The next following day, food provided less 8 containers, 8 people did not have lunch on that day. On the next following day, food provided less 10 containers, 10 people did not have lunch on that day. People who did not have lunch could not have rest, they had to continue working. PW8 gave evidence of his own experience of having no lunch for 5 days. On day he had lunch, he had shared his lunch with a friend (Minuar) because he was sick and could not catch a container and as a result did not have lunch. Anowar caught him sharing his food. Anowar was angry with him and reported him to Somon Sekdah. Somon Sekdah stopped PW8’s lunch.
     
458. PW8 described the end of a day at that time, working under the sun, having no lunch, going home late and eating smelly beef with round cabbage in this way, he was physically weak. He was mentally weak. He could not complain to anyone of this. Sometimes he felt he was going to die. He prayed and asked Allah to help and protect him from this situation. What happened to him he did not have any work to explain.
     
459. Mr. Minuare, with whom he had shared his food at lunch time and got punished as the consequence, was sick. Minuare lived at Pango house. He had boiled on his body and he was sick for 2 – 3 months. Despite being sick to the extent that he could not get up, went to work during that time at Tana Plaza work site. Anowar and Palas knoew of Minuare’s health conditions. PW8 said Somon also knew of Minuare’s conditions. They told him (Minuare) to go to work site.
     
460. At Tana Plaza he made holes using shovel and pic. PW8 said the holes were deep as 5 fit and 3 or 4 metres wide. PW8 said he made 50 – 60 holes of 2 feet each. There was no machine, he had used spades to mix cement with sand.
     
461. In August 2018, in Pango house, at around 8 – 9:00pm o’clock, he was assaulted together with Jamal Hossein Amir and Sohel Rana. That night, Somon Sekdah came to Pango house with some people from Tassiriki house, Kausar 1, Kausar 2, Musharaf, Moinure, Somon Miah (not the owner of Mr Price) Sipur and others he could not remember their names. At that time, the supervisors also like Palas and Anowar were there. They entered into the house No. 1, went into the living room (as it is bigger with more space). People who lived in house No. 1 were there. People who lived in house No. 2 were also there. When Somon and the group of people coming with him entered the living room of house 1, they called Amir in a room. They closed all the doors and windows. Somon Sekdah was standing. The rest of the people he came with were standing around Somon Sekdah.
     
462. Somon Sekdah kicked Amir and Amir fell down. Then Somon went on kicking and punching Amir. Somon told everyone that he had assaulted Amir, his body and hands were tired. Somon wondered how he was going to beat Jamal and PW8. Somon said he will count 1, 2 and 3 and these who came with him including Palas and Anowar will assault Jamal and PW8. So somon Sekdah counted 1, 2 and 3 and then, Palas, Anowar, Kausar 1, Kausar 2, Musharag, Moinure, Nadim and Somon (the other) started to assault Jamal and PW8. They punched and kicked the both of them. They assaulted them on every part of their bodies. Jamal and PW8 started crying. Somon told both of them (Jamal and PW8) to stop crying otherwise Somon Sekdah will continue to assault them until they stopped crying.
     
463. PW8 said, at that time he got thirsty and asked Palas for water. Somon Sekdah holds the stick to his jaw and said this was your water. Somon was angry and raised his voice. PW8 was crying. Somon Sekdah was laughing at him loudly. After the assaults on Jamal and PW8, they both laid on the floor. Somon Sekdah told PW8, Amir and Jamal to while Amir was lying on the floor. Somon Sekdah tookd off his shoe and started to hit Amir with his shoe while Amir was still on the floor. The shoe was broker, Somon asked Palas to get a stick. Palas gave Somon a timber stick of 1 or 1, 50 meter long. Somon used the stick to beat Amir with on his body. Amir was crying while lying on the floor. PW8 described that Somon assaulted Amir’s face and head. Amir’s whole body was lying on the floor except his face and head. While Amir was crying Somon tried to stop Amir crying and started to assault him again. Amir was lying on the floor.
     
464. Anowar told Somon Sekdah to call the names of Jamal Hossein and Ashraful (PW8). Somon called Jamal and PW8. Somon Sekdah told Jamal and PW8 to sit in the middle of everyone fight against each others while they were lying on the floor. At that time, Somon Sekdah was sitting on the chair, crossing his legs, holding a cigarette and a ticket which was beside him and laughed at those who were assaulted lying on the floor.
     
465. PW8 said they were both so weak, their faces and bodies were swollen up. Jamal got himself up and Somon Sekdah took the stick and beated him with. Then Jamal, Amir and PW8 forced themselves to fight against each others. Somon Sekdah was still sitting on the chair was laughing at them and enjoyed himself. The three (3) of them fell down again and lay on the floor. PW8 described the injuries he sustained on his body. His face was swollen and whole of his body were painful. Somon Sekdah or Palas or Anowar did not take them to hospital. They were not given any medication. PW8 said the pain on his body lasted for a month and a half. The swollen on his face lasted for 20 days. The next day was a working day. He was forced to go to work. He said Anowar forced him to go to work despite he had told him. The following 2 weeks Anowar forced him to go to work despite PW8 felt pains on his body. The one and a half month PW8 went to work despite telling Anowar of his pains on his body. He said he told Anowar but Anowar told him to go to work because Somon Sekdah said so.
     
466. In Pango house No. 2 where the meals were taken, PW8 said the notice was on the half of the room near the living room (the eating place). The notice was written about the company’s rules.
     
467. In Pango, a Muslim, PW8 said, observed Eid which was Eid 2018 just after the Ramadan. As Muslim, he was also involved in fasting. He was given chukiri to eat (a food made of rice, water, tamarin powder with cooking oil). During that month of fasting, he worked at the construction site and also at Somon Sekdah’s showroom. A couple of days, just for show, they provided this kind of food.
     
468. PW8 said he worked 9 months and 18 days but they paid him only 5 months salary. From that salary, they cut 18,000 BD Taka – 7,000 Taka per month for income tax and also 27,000 BD Taka to solve his passport problems.
     
469. He was taken to 19 November 2018, PW8 remembers the following evernt – Sohel Rana (accountant) came to the Shefa house that even and told him that his passport was expired and the police will come to the house in the night. He was told to sleep somewhere outside the house. In that night, Palas, Saikul (driver) came to Shefa house with a truck. Palas and Anowar took 15 or 20 of them somewhere outside the house. PW8 and others sat behing the truck. They drove far away somewhere in the bush to a farm (Mitchell’s farm). PW8 spent the whole night away from Shefa house. They did not provide any food that night. He aske for food to Palas and Anowar many times but they did not provide any food. They were angered by the continual and consistant request for food by PW8, so they took away his mobile phone from him.
     
470. About this experience, PW8 said the following, after he came to this country; they destroyed his life and his family. PW8 said he felt guilt as a father, as a husband and as a son (of his father in his father) when he was in Vanuatu as he had no money to send back home to his family. His wife also studied and had stopped because his salary was stopped. His younger brother also had stopped in university studies because he could no longer pay. His family depended on him. He had old and sick parents. He could not pay any medications for them. His whole business was destroyed. He had lost 2 years of his life for Somon Sekdah. He wanted the highest punishment from Vanuatu laws so that in future, they could not play with other people’s life and destroyed them.
     
471. Cross-examination of PW8 by Mr Livo. PW8 confimred his evidence in chief, he confirmed he travelled to Malaysai to work but he did not have a written contract. He worked for Mydie Company. He paid for 2 Lak 40,000 Taka through an agent in Bangladesh. This was 13 years ago. He was referred to their crossing the border Bangladesh and India, he responded that he did not cross the border like that through the bus; he went directly from Dakha to Malaysia.
     
472. It was suggested to him that Anoward never contacted him. PW8 responded Anowar was lying as Anowar had called him and brought him in Vanuatu. Before he came to Vanuatu, he used to talk to Anowar. Anowar used to live next to his village. He had Anowar’s telephone number. Anowar called him from Vanuaut using his IMO number. They used to talk through IMO. He no longer had copies of his IMO contacts with Anowar. He had deleted all their contacts after he knew Anowar here in Vanuatu. He maintained that Anowar brought him in Vanuatu. They used to talk so many times. Palas and Anowar were not working at the construction site. The cooking was done at Tassiriki. Palas and Anowar brought them, the food. Palas and Anowar were foremen. They did not work at the construction site. Saiful was only the driver of the truck, but Palas and Anowar brought the food. Anowar and Palas were the foremen at the construction site, and close to the lunch time, they went with Saiful on the truck and brought the food to the workers at the construction site.
     
473. He was asked and he denied that he wanted to hide from the police on 19 November 2018. They forced them to go in the famr far away. The expiration of his passport was not his making but the fault of the company because they removed from him on his arrival and hold it until it was expired. He was asked bout incident of assaults on him at Pango with the three others. He confirmed these assaults happened and the details as to how they kicked and punched him. He could not say which individual started to assault him but he maintained Somon Sekdah instructed these who came with him to assault him and the other 3. He did not take a picture or a medical report as they did not take him to the hospital. He confirmed his evidence that Shohag, Palas and Smon Sekdah took his passport and US$6,000 he carried with him when he arrived.
     
474. It was suggested to him but he denied he was making up the stories. He maintained his evidence. He repeated the money he carried, was for Mr Price and when he arrived they took the money out from him. He maintained his evidence that Palas and Anowar were supervisors of Mr Price Company and that they did work for Mr Price Company. He was challenged on the money he paid. He answered that he paid these monies to them otherwise how he could be coming to this country. He trusted them and gave them the money. It was suggested to him that the only problem for him was the expiration of his passport that might explain the money they asked him to refund. PW9 answered that this was not true as his passport expired after and they asked him to pay the money (27,000 BD Taka) before the date of expiry. He was asked he maintained his evidence that he was forced to move to another room at Pango house. It ws suggested to him and he denied that he started to work when he had the visa as they never showed him that he had a visa. They only asked him to work and he started working by cooking food at Pango house.
     
475. As to the stick Palas gave to Somon to beat Jamal with at Pango meeting, it was suggested to him that he did not produce or told the police about it. He denied and said although he did produce it to police; he did mention the stick to the police when he made his statement at the station. He was asked of Anowar accident, he stated he did not know.
     
476. PW8 was cross-examined by Nabilah. He knew Shahin since childhood. He knew Mushaed was in Vanuatu through phone call conversations. He was referred to the crossing border Bangladesh to India, he confirmed the Indian officers at the immigration crossing border stopped them and hold on their passports because the immigration officers noted that the endorsement of the passport showed the holder carried US$500 while they actually carried US$1,000. He was asked and he confirmed he carried US$1,000. He was asked and he confirmed that Kamrul gave him US$6,000 and buttons to carry. The amount of US$6,000 was not endorsed in his passport. He carried that amount to Vanuatu but they did not provide him with a receipt. He was asked and confirmed the works he did at the construction site and the marker shops place. PW8 was challenged about the lack of food for some workers. He confirmed and maintained that the numbers of containers provided were less. First, 4 containers were not provided; second following day, 6 containers ont provided and the next day, 8 containers not provided. He said again he did not have lunch for 5 days.
     
477. It was suggested he was employed by Mr Price. He denied that. He maintained that he worked for Mr Price. He lived in Mr Price’s houses. Mr Price also provided salary some months of his works when he worked at the construction site at Tana Plaza.
     
478. He was asked about the incident of assault at Pango. He was asked generally about minor aspects as to whether he counted the people. He answered obviously in the negative but maintained his evidence of what happened to them and how they happened. He was present from the start to the end of the assaults incidents. He was asked about the detailed aspects of the assaults and he confirmed those details.
     
479. He agreed that police did not take him to the hospital. However, he said he went by himself to the hospital and the hospital gave him some medicines. He was asked about the medical certificate of treatment due to the assaults he received; he stated that they assaulted him, they did not take him to the hospital or that they did not allow him to go outside the house. PW8 asked question as to how could he provide the medical report in such a circumstance. He was asked, he said at Pango during the evidence of the assault, Somon Sekdah did not use his legs and hands on him (PW8) but Somon Sekdah kicked and punched Amir and used the stick on Amir’s body.
     
480. It was suggested to him, that he smoked cigarettes; he went to purchase cigarettes in the shop when he needed to smoke. He replies he could not go without permission. But most of his packets cigarettes he purchased them from the shop near the construction site and again he could not go in the shops without permission.
     
481. It was suggested to him that when he communicated with his family in Bangladesh, he went outside the house. He denied this. The main entrance gate was not locked from outside but it was closed or shut from inside. The supervisors also controlled him and others.
     
482. PW8 was re-examined by the Public Prosecutor. He confirmed by explaining that he was will treated by the company in Malaysia than he was treated by Mr Price company. He confirmed again he gave the money he carried with him from Bangladesh to Palas. Palas asked him directly to give him the US$6,000, his passports and tickets. He confirmed his evidence that he was moved from construction site at the Tana Plaza to a place near Wilco. So he could say whether the construction at Tana Plaza was.
     
483. PW8 (Islam Ashraful) is a genuine and credible witness.
     
484. Amin Ruhul was the nineth prosecution witness (PW9). He was 36 years old and he is from Seripui village, Tangail District. He was married with an 11 year old son and a 6 year old daughter. He had a chicken famr and a cattle farm before he left Bangladesh. He had 2,200 chickens that produced eggs and 3 cows that produced milk. He sold the chicken and cattle farm before he came to Vanuatu. He sold his two farms to raise funds to go to Australia. Alal who is Shohal’s brother-in-law gave him that information of going to Australia. Alal told him that his big brother in law, Shohag, lived in Australia, if he also wanted to go there, he could go. He will need an Indian visa. Alal asked him his phone numbers and he provided to PW9 Shohag’s address in Bangladesh at Shokipur. Shohag’s father, mother and sister lived there.
     
485. As to the endorsement of his passports, he was not making these arrangements on his passport. They did these endorsements. He confirmed the roles played by Musharaf and the other Somon and PW9 used the work “chamcha” given the situation he was in. He explained that “chamcha” means they supported Somon Sekdah and folloing him. Musharaf and the other Somon used to members of Somon Sekdah’s gang. For example, when Somon Sekdah told them to assault him (PW9) they assaulted him. If Somon Sekdah told them to do something, they just followed him and supported him whether it was good or bad. They were also observing on them and reported to Somon Sekdah on their behaviours if they said bad things about the company they will report or inform Somon Sekdah of what they did or said. Shohag’s father name is Mosipur Rahman. When PW9 had the address, he went to the house and talked to Shohag’s father and another. They told PW9 that their son, Shohag lived in Australia. Shohag needed to recruit some people. PW9 also talked to Shohag via IMO. Shohag told him to pay 12 Lak Taka to the company Mr Price in Australia. The owner of Mr Price is Somon Sekdah. Shohag said Somon Sekdah is from Bangladesh, Tangail District.
     
486. PW9 gave evidence of discussions he had with Shohag on the phone as to the conditions and terms of working for Mr Price Company, the salary will be 50,000 BD Taka, food and accommodation will be provided by Mr Price Company. Shohag told him, Mr Price is an international company. Shohag told PW9 how to pay the 12 Lak Taka. Before travelling to Australia, he had to pay 8 Lak Taka and when he arrived in Australia, he will pay the 4 Lak Taka outstanding.
     
487. As part of the conditions and terms of employment for Mr Price in Australia, Shohag told PW9 that working hours will be 8 hours a day. As to overtimes, if he worked on Sunday, they will pay PW9 double salary. He was also told of Australian work permit to allow him to work there, that the work permit will take 30 days to arrive. Somon Sekdah will arrange the work permit.
     
488. PW9 decided to agree with the conditions and terms of employment. He decided to go to Australia. After PW9 went to Shohag’s father’s house and he also had spoken to Shohag, Shohag later called PW10 and asked him whether the money and passport were ready. Shohag suggested also that if PW9 paid the money faster he will get a good benefit and he will go early. About the nature of the job Shohag told PW9 that he will work in a shopping mall, hotel, and furniture factory.
     
489. He accepted the conditions and terms of employment because of the salary and if he went his future too will be bright. Shohag’s father and mother told PW9 that he had to pay 8 Lak first and 4 Lak Taka after he arrived in Australia. PW9 took the money and went to Shohag’s father’s house and had paid 8 Lak Taka. Shohag confirmed later that he had received the 8 Lak Taka paid and PW9’s passport. When PW9 paid the 8 Lak Taka, following people were present. Shohag’s father, mother, sister, Alal and Nacir Abassi. Later on, Shohag told him by phone to get to Dakha at Indian Embassy to make his Indian visa. Nacir Abassi will wait for him there at Shokipur, Shokinmur and take him to Indian embassy. He went to Dakha and there he met not only Nacir Abassi but also Kamrul Sekdah. Kamrul gave him his passport and some documents. PW9 said he did not read the document, this electrity bill, qualification certificate, application form for Indian visa.
     
490. Kamrul gave back his passport in Dakha. This was the passport he gave to Shohag’s father earlier. At that tiem he gave Shohag’s father only his passport and 8 Lak Taka. His understanding was when he gave his passport and the money were to support his documents for the visa. With the electricity bills, he did not read it but he understood it was his electricity bill. But it was not his electricity bill. That was the first time he saw the electricity bill. The qualification certificate was not the one given by his school. He was given by Kamrul his passport and 2 documents (electricity bills and qualification certificate) and he submitted the documents for Indian visa. When he submitted his documents they gave him a receipt. He gave that receipt to Nacir Abassi and Kamrul Sekdah. PW9 said his last school was Borochona High School, year 10.
     
491. Later on, on 20 December Shohag talked to him. Shohag told him that his Indian visa was ready and his flight will be 23 December. He had to go to Dakha Abdullahpur and Nacir Abassi will wait for him. He told him he needed to take 1,000 BD Taka. On 23 December he went to Dakha with Jamal who was also going to Australia. PW9 and Jamal met Nacir Abassi at Dakha. At Eagle bus station, he met with 19 others who will travel with him and Jamal. Apart from Nacir Abassi, he also met with Taibur and Kamrul.
     
492. His next destination was Golgotha, India. They will be travelling by bus because 19 other people will travel with them. In order to do that, they needed to cross the border between Bangladesh and India. They were escorted by Nacir Abassi, Taibur and Kamrul from Eagle counter bus station to Penapole, the crossing border. Taibur gave PW9 his passport and US$1,000. Taibur gave him US$1,000 to carry just before they crossed the border Penapole. When he showed his passport and US$1,000 at the crossing border, the immigration officers stopped them and thold them that they had only an endorsement of US$500 in their passports but not US$1,000 they carried. So the immigration officers told them to stand up on side. This included the 19 others that were travelling with PW9.
     
493. Taibur and Kamrul gave the immigration officers some money and they let them go. They arrived at Golgotha in the afternoon at 1 – 2 o’clock. As no hotel was booked at Golgotha, they stpen the day wondering in the street until a hotel was booked. They stayed one night in two small rooms. 11 of them shared a room with PW9 and there was a bed in that room. At Golgotha hotel, Taibur took their passports and US$1,000 they carried.
     
494. Their next destination was New Delhi and they will travel by plane. They left and arrived at New Delhi at night at 11:00pm o’clock. At New Delhi, no hotel booked, they waited until 3:00am o’clock and they took them to a hotel room. 10 of them stayed in that room and there was 1 bed. It was too small. They left at 7:00pm o’clock. Taibur and Abassi took them to the airport. Before they left to the airport, Taibur gave them their passport and US$6,000 and 2kg of buttons (Exh. P4, p.6 photo C). When Taibur gave that money, he told them to carry it to the final testination, if they lost the money and buttons they will be killed and they could no longer return home. PW9 understood that their next destination was Australia. Nabilah, Josim and another joined them at New Delhi international airport. Taibur told them Nabilah was the wife of the owner of Mr Price Company. At the hotel, PW9 was told that if any officer asked him where he was going, he will tell the officer that he will be going to Vanuatu. That was the first time he heard about Vanuatu. PW9 was asking questions to himself why he will going to Vanuatu as he was supposed to go to Australia. Taibur explained to PW9 that they will send him to Australia after they arrived in Vanuatu. They left New Delhi at 10:00pm. No food provided before they left New Delhi. Five minutes before departure, the immigration officers put 20 of them aside, divided them into a group of 4 or 5. Taibur and Nabilah spoke to the immigration officers. PW9 did not know what they said. They let them inside the plane. Their next destination was Singapore.
     
495. They arrived in Singapore int eh morning and they left Singapore in the afternoon. They were not given anything to eat. Their next destination was Fiji. They arrived in Fiji in the early morning at 5 – 6 o’clock. They left Fiji in the afternoon at 3:00pm. They were given 2 biscuits to eat. Their next destination was Port Vila, Vanuatu. They arrived in Vanuatu on 28 December 2017.
     
496. When they arrived in Vanautu, Somon Sekdah, Palas and Shohag were waiting for them. They took them to Tassiriki house. At Tassiriki house, Taibur, Shohag and Palas took out the passports and US$6,000 from PW10 and all other and gave thm to Somon Sekdah. Later that night, about 8:00pm, Somon Sekdah came back to Tassiriki house with Taibur, Anowar, Nacir Abassi and Moinir for a meeting with PW10 and all others. Somon Sekdah and Taibur did the talking. Somon Sekdah asked them to pay their outstanding of 12 Lak Taka within 2 days. If they did not pay the outstanding of their 12 Lak Taka withint ther 2 days, they will kil him and put his body into the deep freezer. PW9 said he felt bad about this. He did call his family and inform them that if he did not pay this amount before 2 days, they will kil him. He was very worried as to how he was going to pay this amount within 2 days. PW9 said Somon Sekdah was talking at the meeting and threatened to kill him if he failed to pay the money (outstanding) within 2 days. PW9 also said Palas Taibur and Shohag said they were going to kill him if he did not pay the outstanding money within 2 days. Somon told them also at the meeting that they were not allowed to say bad things of the company. They were not allowed to complain about the food. They were not allowed to stope anymore who came from Bangladesh.
     
497. At that meeting, Somon Sekdah also spoke of the subject of going to Australia. Somon Sekdah told PW9 to forget about Australia as he was in Vanuatu and he will work in Vanuatu. PW9 did not aske Somon of the reason why he will no longer go to Australia. He was scared. PW9 stayed at Tassiriki for two days and was moved to Pango house. He lived in Pango house for one and half a month. PW9 was then moved to Elluk at Somon Sekdah’s residence. He lived at Elluk for 4 months.
     
498. When he lived at Pango house, he occupied room 3 at house no. 1. He had used the diagram Exhibit P4 (pages 9 – 10 photographs A and B). Anowar was the supervisor. PW9 shared the room with 4 others. On 2 January 2018, there was a meeting at Pango house. It was attended by some people coming from Tassiriki and also Palas, Anowar and Moinul and Shohag. At that meeting Somon Sekdah said PW9’s work permit will be sorted out within a month and a half. PW9 had to do the work they provided to him.
     
499. At that meeting, PW9 said he did ask Somon Sekdah of the 8 Lak Taka he paid. Somon Sekdah confirmed to him that he had received that 8 Lak Taka PW10 had paid. PW9 had to pay his outstanding of 4 Lak Taka by 4 January 2018. PW9 had paid the outstanding of 4 Lak Taka by 4 January 2018. PW9’s elder brother brought htat money to Shohag’s father’s house and gave the money to him. PW9 said the next day, 5 January 2018, Somon Sekdah said he received his total 12 Lak Taka. Somon Sekdah told him to do the work he (Somon Sekdah) provided. Somon Sekdah did not allow complaint of food and that PW9 must not stop anyone coming from Bangladesh. As to the option of doing business or doing work, he said he wanted to do work.
     
500. Somon Sekdah told PW9 that his work permit will be sorted out in a month and a half time. Somon Sekdah told PW9 that he was not allowed to go outside the house. He was not allowed to say bad things about the company. If he said bad things about the company Somon Sekdah said he (Somon) will take PW9’s eyes out.
     
501. At Pango, PW9 had two meals (lunch and dinner). The meals were similar, PW9 had round cabbage boiled in water with salt but no other spices. Sometimes they provided smelly beef. They would kill a pregnant cow. They did not tell them when they killed the cow. PW9 said he would have two pieces of smelly beef. He would have diarrhea after eating the smelly beef. Others also got sick after eating the smelly beef. He did not complain to Anowar who was the supervisor of the house at Pango about the quality of the food because they were not allowed to complain about the food. Two round cabbages boiled in salt water without other spices was for 65 people living at Pango house.
     
502. They used to have their meals at house No. 2 where Anowar lived. Somon Sekdah used to live at Pango house No. 2. They then left to Elluk. When Somon Sekdah and his family left to Elluk house, Anowar left to house No. 2 and that was where PW9 and other who lived at Pango used to have their meals (as PW9 stayed at Pango for a month and a half).
     
503. There was a notice there at house No. 2 near the place they used to have meals. The notice was about the company rules and the notice was on the all close to the first door. They were not allowed to go outside the house; they were not allowed to say bad things about the company; they were not allowed to gather 3 or 4 people together. PW9 was moved to Somon Sekdah’s residence at Elluk. PW9 worked there, looked after Taibur’s son; washed the car and helped cooking, every Sundays, did mop and clean the house. The house at Elluk was a big house (Exh. P4, p.8). PW9 looked after the child, wife of 6 – 7 months. Wife was the child of Mito [Exh.P4, p.3 photo C photo A (page 3)].
     
504. When he worked for the company there was no time limitation. He started at 5:30am, washing the car, do other house work and waited for the return to Somon Sekdah to open the gate for him at about 12:00am o’clock in the next day early morning. He had a room at Elluk house and he shared that room with Nure Alam. At Elluk, Nure Alan used to cook and he helped him to cook by cutting the vegetables and washed dishes. He stayed at Elluk for 4 months.
     
505. Then PW9 was moved to Tassiriki house because Somon Sekdah said PW9 was not working properly. Somon Sekdah was angry when he told him so. Somon Sekdah said PW9 could be given more hard work on the construction site. He stayed in Tassiriki for 3 months until November 2018.
     
506. In November 2018, PW9 was moved to Town house after he had spent a week at Pango house. He lived in Town house for 2 months, 3 months in Tassiriki house, 1 week at Pango and 3 months at Town house. When PW9 was moved in Tassiriki, Somon Sekdah directed Palas and the two Kausar to give hard work to PW9. From Elluk, PW9 was taken and given work at Tana Plaza at the construction site. PW9 did work at the Tana Plaza construction site for 2 months. Palas and Kausar were the supervisors at the construction site (Exh. P4, p.19). There, PW9 cut the soil, mixed cement and sand together. They did not give him any rest. PW9 put the big stones on the side and cleaned up the area with a spade as the soil was made up of stones. The stones were heavy. One person could not carry a stone. He and others put the stones on the site as they were building a platform for show (music). This was near the Chinese shop (Exhibit P4, photo A). He also coloured the stones put near the stage. He was exposed to the sun when he did that work. He was not allowed to go under the shade if he wanted. If he spent the time under the shed, he will be punished by Somon Sekdah. The work at the Tana Plaza construction work was heavy work. It was hard work under the sun and was not allowed to go under the shed. He had never done this kind of work before and under such conditions. He was not expected to do this kind of work when he left Bangladesh. He started at 7:00am to 7 – 8:00pm daily. There were no breaks.
     
507. PW9 worked for Mr Price for 5 months. He said he was paid for the 5 months. There were deductions made on his salaries. A deduction was made on his salaries of 50,000 BD Taka for government taxes. His overtimes were not paid. The food provided at Pango, were the same for Tassiriki house and Town house. Moinul was the supervisor at the Town house. The company rules were the same in all houses.
     
508. A meeting took place on 4 or 5 November 2018 at Town house. Somon Sekdah held that meeting. Somon Sekdah said the company was good. They were not allowed to say bad things about the company. Three people had escaped. Before they escaped they were Mr Price people but after they escaped, Somon Sekdah, told them that if anyone asked they would have to answer that they were not Mr Price people. Mr Somon Sekdah told that they were not allowed to communicate with these three escapees. PW9 did not count the number of people living at Town house. Somon Sekdah asked Haroun, Moinul, Palas, Sohel and Kamrul to take PW9’s mobile phone and others. Somon Sekdah said they were not allowed to go outside the houses. Somon Sekdah put a security guard at the gate. There were more than one security guards. Somon Sekdah put 3 or 4 guards at the gate. These were Nadim, Nasrun, Rofic and Jodip (Exh. P4, p. 13, photo A of that gate). The reason being that none of the people in that house escaped or went outside the house.
     
509. Somon Sekdah gave certain instructions to Harun and Sohel. These two worked at the showroom and at Somon Sekdah’s office that they worked for Mr Price Company. Harun wrote what Somon Sekdah said in English. Sohel and Kamrul were taking the video. The video was taken at the Town house. Sohel took the video. Harun translated the scripts from English into Bangla. PW9 was standing and repeated what was translated from English to Bangla. Harun was standing there and told him what PW9 would say. PW9 was required to say before the camera that Somon Sekdah was a good person. He paid their salary every month. He provided good food. They did not know those people who escaped from Mr Price Company. PW9 said what Somon Sekdah made them to say in front of the video camera was not true. PW9 said he said these words because they made hem scared and that they could not go out of the house. PW9 said Somon Sekdah did not provide good food. Somon Sekdah did not pay his salary every month. PW9 said Somon Sekdah did not pay 4 months that he had worked for Mr Price. PW9 had worked for a total of 9 months. They paid 5 months salary but they also cut from 1 month salary for the taxes. PW9 said Somon Sekdah was not a good man.
     
510. At that time in Town house, he was required to read something they wrote in English. They asked him to sign it. He did not know what was written on the paper. Somon Sekdah wrote it and gave it to Harun and Sohel. PW9 said he signed the paper at the Town house. Later on, on 19 November 2018, he had a meeting with Somon Sekdah. At that meeting taking place at the Town house, Palas, Moinul, Harun, Sohel, Kamrul and 60 people in the Town house have attended. Somon Sekdah told them that police were coming and that they had to escape. They had to escape to Michael’s house. PW9 said he did not know who Michael was and where was his house. They took him to the bush far away. He was in that bush for a night and a day. He was not given any food to eat. Palas as his supervisor was with him in the bush. He did ask Palas for food. Palas told him why he was asking for food. He was going to kick PW9 like a soccerball (football) and threw him into the sea. On 19 November or earlier, Palas and Sobuj held their passports and Anowar was holding their mobile planes. On 20^th November 2018, the police came and rescured them from the bush.
     
511. In addition to his evidence, PW9 said he spent his 12 Lak Taka and he sold his chicken farm and his cow farm, sold his land and borrowed money. Because of that, his family could not afford to pay for food. The last 2 years, he could not send any money to his families. His children could no longer go to school. People are putting pressure on him and his wife for the money he borrowed. He did not do anything to pay back that money. He had a request to Vanuatu government to refund his money from Somon Sekdah. If he could not repay the money he borrowed, he had to commit suicide. He did not have anything. He had lost his everything. He also say Nabilah, Somon Sekdah, Palas, Anowar, Taibur, he wanted their death in front of the people. If they were released from this place, they will go someqhere and do the same thing. He thanked Vanuatu government, Vanuatu Supreme Court, Vanuatu people who helped them. He thanked Vanuatu police force and thanked everyone.
     
512. PW9 (Alamin) was cross-examined by Mr Livo. PW9 confirmed in substance his evidence in chief. He did work at the construction site opposite Tana Plaza, cutting soil, mixing cement, soil was of mixed stones, sand and dark ground. He put stones aside the stage. He was referred to the first days he arrived in Vanuatu; he confirmed he spent 2 days at Tassiriki house. He was asked about his movement, PW9 said Somon Sekdah controlled them by using Palas and Anowar to control them. When they were in the bush he asked Palas food. He denied that Palas was not the one to provide food. They gave Palas the permission to control them, although, Palas was with them in the bush and Palas did not have any food but Palas drove Saipur, Sadim somewhere. When PW9 was working at the construction site, there was electricity at the site and there was wiring. PW9 said he used to work until 8:00 – 9:00pm as he had worked in the front on the side of the road. There were lights at the backside of the construction they used lights.
     
513. PW9 was cross-examined by Nabilah. At the construction site, there were no water connections from the start. He was asked about local people working at Somon’s residence at Elluk, he said yes. Vicky used to clean the house. William used to clean the swimming pool. Roy was doing electricity work. At Elluk residence, he ate beef purchased from Au Bon Marché. PW9 denied that one of the reasons he was asked to leave Somon’s residence was that he did something to Tasfea. He denied he was sexually harassing Tasfea. He denied Mito confronted him. He denied Mito and Nabilah confronted him. He denied coming into the room and begged and said sorry. He used to work on the weekends and Sundays. There were people coming at Somon’s residence at Wise (OS)’s birthday party. He was referred to the break of feasting the Ramadan and the food served on that occasion. He replied he ate the food but he did not have that food everyday. As to the food at Somon’s resident, PW9 said he had his food after Somon and his family had their food. It was put to him that he did not attend to the meeting he referred to at Pango house. He denied. He said he attended the meeting. The first meeting being at night around 11:00pm o’clock or 12:00am o’clock. He was referred to the total months he had worked, he repeated he worked for 9 months and they only paid 11 months salary and 1 month of salary, they cut it (deducted) for taxes. He was asked about the question held at Pango on 2 January 2018, PW10 said, and that meeting was held in house NO. 1 at Pango but not in house No. 2 as Somon Sekdah and his family lived there at that time.
     
514. PW9 was re-examined. PW9 explained the nature of the soil at the construction site to be of hard soil and stones in front side of the construction. He was asked of the allegations made against him of doing something to Tasfea and he denied ever talking to Mito and Nabilah. He confirmed what he said. PW9 said he did not know whether there was any complaint made to the police. The police never talked to him about this. He was asked he clarified that the food served at Elluk was for everyone included him. He used to have his food with Nure Alam. He confirmed he and Nure Alam had their food after that Somon Sekdah and his family had eaten PW10 confirmed they had the left over. It was of small amount.
     
515. On his employment, Ms Nabilah asked him and he said he made a misgtake for the total of months paid. He said he worked for the total of 9 months and PW9 clarified he told the police that they paid his 4 months salary and they cut 1 month of his salary (for taxes). On the amount of US$6,000 he carried, Taibur gave him the money. When he arrived in Vanautu Somon Sekdah took the US$6,000 from him. When Taibur gave him the US$6,000, Taibur did not provide him with a receipt (international receipt for currency carried).
     
516. PW9 is also a credible and trustworthy witness.
     
517. Rachid Arun was the tenth prosecution witness (PW10). He was 34 years old. He is from Shokipur, Tangail. He is married with 1 son of 8 years. He lived with his wife and son and they depended on him he had Bachelor of Business and Administration (Honours Degree) from Bangladesh University. Before he came to Vanuatu, he had a garment showroom. It was a retail shop for men and children. He had that business for about one and a half year. He sold that business as nobody will look after when he would be here. Before he established his garment showroom, he had worked in Saudi Arabia in the restaurant as manager. He lived there for about 5 years. He knew why he was in court as it related to his travel from Bangladesh to Vanuatu.
     
518. Before he came here, he got information from his wife’s cousin to go to Australia. Jewel was his wife’s cousin’s name. The information he got was that there was an opportunity for working in Australia. That someone’s name was Shohag. PW10 said his cousin told him that Shohag was working in Australia and that Shohag had an uncle called Mama who has a company there. So Mama will be able to give a job there.
     
519. PW10 was able to speak to Shohag. When he spoke to Shohag, Shohag told him that there was a company there; the owner of the company was Mr Somon Sekdah. The owner of the company is an American passport holder and his wife is from France. He did not mention the name of the wife. Shohag told him the company was responsible for visa, ticket and everything including work permits. The salary will be 50,000 BD Taka and the company will provide the food and accommodation and transport. PW10 asked Shohag about which part of Australia was that. Then Shohag told him that this is one part of Australian country like a district or something. PW10 had asked him about type of job the company provided. Shohag told him of salesman job, some restaurant. If he wanted he will be able to do business. If he wanted to go to Australia, they could send him there. PW10 then decided to come and work for that company. He told Shohag he had good experience from IT section. Shohag told him, there would be an opportunity to work in the office. So Shohag advised PW10 to come and work on computer department, to work with computers.
     
520. Shohag, then, gave him his father’s contact number (Mojiban). PW10 called Mojiban (Shohag’s father). Mojiban came to PW10’s father in law’s house. At that time, Mojiban took PW10’s passport and 200,000 BD Taka. In that conversation, Mojiban told him that Shohag was Somon Sekdah’s business partners. PW10 said he did not obtain a receipt from Mojiban.
     
521. On the first week of April, Shohag contacted PW10 and told him that he had to go to Dakha at Indian Embassy to submit his documents for Indian visas. Shohag informed him that Nacir Abassi who was responsible for all documents to Indian Embassy will give him some documents. PW10 went to Dakha at Indian Embassy after getting Nacir Abassi’s phone contact by Shohag. PW10 met Nacir Abassi at Indian Embassy. Nacir Abassi gave him his passport and some documents included one bank document, one national ID and work references like he was working in a company. He was not familiar with these references. The bank document related to Brime Bank. PW10 said he understood, these documents were submitted in support of his application for Indian visa. PW10 submitted his application to Indian Embassy. Nacir Abassi told him that Kamrul Sekdah, Somon Sekdah’s brother, prepared all the papers and had handed over to Nacir Abassi who gave them to him (PW10).
     
522. On the first week of April again, Shohag contacted PW10. Shohag informed PW10 that his papers, Indian visa were ready. He told PW10 to pay another 300,000 BD Taka and that PW10 would pay this money to his brother in law. PW10 did ask Shohag as to how did they got his visa so early. Shohag informed him that they had some people working for them at the Indian Embassy and other places also. PW10 said he understood that they paid money to these people in Indian Embassy to do things for them. In the first week of April 2018, he had paid 3 Lak Taka (300,000 Taka) to Alal, Shohag’s brother in law.
     
523. On 11 May 2018, Shohag got in touch with PW10 again about the travel arrangements. PW10 started his journey to Dakha with his family. PW10 intneded to go Dakha international airport but before he arrived at Dakha, PW10 called Kamrul. Kamrul Sekdah told him that the air ticket was not ready yet and that he (PW10) had to go to India by train. He was told to catch the train at Karmitula Comtorment Railway Station. At that railway station, he met Kamrul Sekdah and he met Taibur for the first time.
     
524. Taibur told him to carry some banners with him, Mr Price’s banners. Taibur told him to take away some of his clothes and put the banners in his bags instead. PW10 refused. Taibur was very angry and told PW10 that he would teach him after he arrived in Vanuatu.
     
525. Taibur was their escorter. PW10 said when he met with him at the railway station, Taibur told him that he was a normal passenger but Taibur did not disclosed to him (PW10) that he was a partner to Somon Sekdah. From Dakha, they took the train to Golgotha (India). He travelled with 10 others plus Taibur. At Golgotha, they checked at a hotel at about 11:00pm o’clock. They stayed a night. Four (4) people were sharing a room with one bed. Before they departed, Taibur talked to him and others. Taibur gave them thie passports and travel documents. Taibur also gave them US$4,000. Taibur again told him to reduce the content of his bag. PW10 refused. Taibur again shouted at him. Taibur instructed them to carry the US$4,000 with them. Their next destination was New Delhi (India) by train. It took them about 24 hours. On their way to New Delhi, PW10 observed Taibur was talking to Somon Sekdah and Nabilah several times and took instructions from them.
     
526. They arrived at New Delhi on 13 May 2018 at about 6:00pm. His next destination was Singapore. They stayed 4 hours at New Delhi airport. They left the same day. They arrived at Singapore on 14 May 2018. They stayed in the airport about 10 hours. They gave them one burger to eat after they asked for it many times. They left Singapore on 14 May 2018. Their next destination was Fiji.
     
527. They arrived in Fiji on 15 May 2018. They spent a night in Mayer hotel. In Fiji, PW10 observed that Taibur was talking to Somon and Nabilah by phone about the hotel to be booked for that night. Four (4) people shared a room with a bed in that room. They left Fiji on 15 May 2018 for Vanuatu.
     
528. They arrived in Vanuatu on 15 May 2018 at 9 – 9:30am. Taibur was with them. Somon and Shohag were waiting for them at the airport. Shohag took some of them to Tassiriki house including the PW10. Somon Sekdah took some others with him to Pango house in his own car. At Tassiriki house, Shohag took PW10’s passport, ticket and US$4,000 from him. Shohag kept the passport with him and he gave that money (US$4,000) to Sohel and told sohel to deposit that money or some to Somon Sekdah’s bank account. PW10 said Shohag said in his presence when he was in the living room at Tassiriki house. There were other people also in that living room. A meeting took place after lunch. Shohag and Palas called the meeting. They told them they had to pay another 400,000 BD Taka within a day. They were told they were not allowed to talk about the food provided by the company. They were not allowed to go out without permission of the supervisor. They were not allowed to tell their families in Bangladesh about their situations here. They were not allowed to buy any good from outside, even if they were hungry, they had to eat what they provided. If they did not follow these rules, anyone who disobeyed will be “battam”. This meant anyone who disobeyed will be punished. Battam means beating.
     
529. Before the meeting ended, Somon Sekdah joined the meeting. Shohag introduced Somon Sekdah to them and told them he is Mr Somon Sekdah, the owner of Mr Price Company.
     
530. PW10 was having difficulty to find himself a bed or a place to sleep. He discussed this with Palas about a bed to sleep as Palas was the supervisor and in charge of Tassiriki. There were 20 or 20 up people at Tassiriki house. About 10:00pm o’clock, Palas showed PW10 a bed with old used pillow and blankets. PW10 shared the room with 7 or 8 other people. PW10 stayed in Tassiriki house for 4 months.
     
531. On the additional 400,000 BD Taka, he was asked to pay within a day. PW10 did not pay that amount with that day. Shohag called him and shouted at him and threatened him. PW10 asked Shohag for more than 2 days. Shohag told him if he could not pay within 2 days, Somon Sekdah will kill him. After 2 days, Shohag sent Nacir Abassi to PW10’s father in law in Bangladesh and Nacir Abassi took that 400,000 BD Taka from his father in law. Shohag told him the money was paid. There were others who just arrived like PW10 and did not pay the money (400,000 BD Taka). After lunch, Somon Sekdah, Taibur and Palas came to Tassiriki house, called everyone who have just arrived, separated people who had paid and people who did not pay. Somon Sekdah shouted at them and threatened them in front of PW10. Somon Sekdah said if they did not pay within this day before 4:00pm (bank hours), he will take them to the jungle, he will beat them and he will kill them. He will take pictures of their dead bodies and send these pictures to their families. PW10 said when they arrived in Vanuatu; Somon Sekdah tried to create fear inside them from the first day they arrived.
     
532. Later that day, Somon Sekdah returned to Tassiriki house. Somon was very angry. PW10 said when they saw Somon’s face, they were scared. Somon Sekdah then called Saiful, Sarwar and Jieuw, who did not pay the money. He took them to Norpow house in his own car. PW10 said he did not know what happened to the three persons. PW10 said that for them, Norpow house was like a remand place. If anyone had a problem with the company or Somon Sekdah, Somon Sekdah used to send him to Norpow house for punishment.
     
533. Somon Sekdah called PW10 in his office with Kamrul (another one) in his house at Elluk in a small office there. Somon called them for interview regarding computer, for a computer job. Somon Sekdah told him to make a project of an overview of Mr Price International Company, a sort of company profile. Somon Sekdah told him to check on internet where they have branches of Mr Price all over the world. PW10 said he went through google and searched and collected the information. He searched through South Africa and Australia about what kind of products or services they provided, when they will open their new branches in the world. PW10 asked Somon Sekdah what logo he was going to put in the project. Somon Sekdah told him Mr Price. Somon Sekdah said he brought the company’s name from International Mr Price, so they will use the International Mr Price logo. The logo was one cap, written Mr Price.
     
534. PW10 said they used an official document, official forms for online marketing, also in anything and everything regarding Mr Price. The colour of the logo is of red colour (Exhibit P4, p.19) showing the cap Mr Price and of red logo. PW10 said yes the picture was similar to what Somon Sekdah instructed. Since then Somon Sekdah Mr Price had used this logo in all its corporates.
     
535. After he was instructed by Somon Sekdah, he went to internet and searched Mr Price South Africa and Australia. These were the two (2) only places one could find Mr Price logo. In his searches he found out that the headquarters of Mr Price was in South Africa. PW10 said he went to Mr Price South Africa official website and that he had read that he could not lawfully use the logo Mr Price. So PW10 said he was using copying of Mr Price including the name and even the services South Africa and Australia provided and how they conduct their business.
     
536. PW10 said when he was doing the marketing studies of Mr Price Vanuatu; he did not obtain the authorization or approval of the headquarters of Mr Price officials in South African before using the name and logo for the purpose of developing Mr Price Vanuatu. PW10 said he worked in the office of Mr Price and nowhere else and the office was located with showroom opposite Wilco Hardware and the French supermarket [Traverso]. PW10 did also research about the market for Mr Price Company Vanuatu. PW10 said he was a graphic designer. From his researches, he had designed and developed corporate materials. He designed Mr Price showroom, Mr Price shopping mall, Mr Price take away restaurant, banners, billboard, official forms.
     
537. Pictures on 5 documents of Mr Price Vanuatu were shown to PW10 and he said he had designed these pictures on the 5 documents. After he designed them, he forwarded them to Somon Sekdah. PW10 said Somon Sekdah used to send these pictures to his Bangladeshi Brokers to get more people sent to Vanuatu. PW10 explained that they had many agents in Bangladesh like Shohag, Alal and Nacir Abassi. They gave these pictures to their agents and the agents used to forward the pictures to attract normal public to get more people sent to Vanuatu. These pictures were used also in Vanuatu for marketing purposes on facebook. They had also drafted a website not yet published online (internet). The 5 pictures related to shopping mall at Tana Plaza. He confirmed a picture of take away Somon Sekdah asked him to do. This take away was to be located opposite BSP Bank in town at the end of the car park facing BSP Bank. All these pictures contained the pictures of Mr Price logo (see Exhibit P15 showing these pictures).
     
538. PW10 said he was also responsible for salesmen training. Somon Sekdah interviewed some people from the Bangladesh in Vanuatu and selected few salesmen to work in the shopping mall of Mr Price. PW10 trained these people. They were more than 20 pople to be salesmen. They had class everyday after working hours from 8:00pm to 10:00pm in the showroom. PW10 taught them as to how to sell, how to talk to customers, how to impress customer, how to impress seller shop, how to arrange shops, etc ... and how to speak English. PW10 said he received instructions from Somon Sekdah as to how to teach and assess these 20 people trained.
     
539. PW10 said Somon Sekdah created pressure on him and on the trainees. If the trainees failed, their salaries were deducted for that reason. Somon Sekdah had some rules on the deductions which he had expectations from PW10 to apply. Somon Sekdah expected failures and for PW10 to make these failures happened. Every 15 days, they set examination tests. If anyone failed at that examination, PW10 was responsible to deduct his salary, shouted at him and reported to Somon Sekdah. If there was no failure, then PW10’s salary will be deducted.
     
540. In a day, PW10 said he worked for 10 – 14 hours. He worked for Mr Price for 4 and half monhts. He had received salary for 2 months and a half. He did not receive the salaries for 2 months. PW10 described his relationsip with Somon Sekdah as boss (employer) and staff (employee) relations. Somon Sekdah used to tell PW10 that if he did any mistake, or if he refused to do anything, if he talked about the company or he gave other people of what happened inside the company, Somon Sekdah said he will destroy his life. He will kill him.
     
541. He was taken to Tassiriki house. He said, they did not provide breakfast. At lunch time, they used to get little rice with 2 or 3 pieces of meat but meat was not tasty, no species. Most of the rice’s they got boiled round cabbage, 2 or 3 round cabbages for all of them boiled with rice. The 2 – 3 pieces of meat were of bad quality they were smelly. PW10 said he did not eat the meat, he had rice without meat. When he had these smelly meats he had abdomen problem. He could not complain as it was prohibited to complain about the food. The quantity of the food was not enough for them at lunch time, they just had lunch and started work again. He was paid for the excess hours and weekends he worked. Sometimes, he would work all night to prepare for Somon Sekdah’s preparation and presentation like housing project, internal design of passbook of Vanuatu, ministers office or immigration office.
     
542. In October 2018, after the 3 people escaped, Nabilah and Somon Sekdah called Pw10, Sohel and Kammud in Somon’s office room. PW10, Sohel and Kamrul worked in the same office. Palas and Nasmure also were present there. After they entered their office room, they said they has many papers into 4 groups. Somon Sekdah told PW10 and Sohel to go with him in his house. Somon also told Palas to bring the entire passport from Tassiriki House. At Somon Sekhah’s house, Somon and Nabilah gave them the papers that Nabilah divided into the 4 groups. They told them to separate the passport as per the papers and these documents were their visas documents. Before they finished the separation of the papers, Jarnul called Palas and informed him that some police officers went to the office and they were looking for Somon Sekdah and Nabilah.
     
543. When Somon Sekdah heard that news, Somon Sekdah told PW10 and Sohel to leave this work and got out from the house as soon as possible. Palas left first with some passports. But PW10 and Sohel left Somon Sekdah’s house, the Police arrived there. Nabilah told PW10 and Sohel to hide in another room in their house. After 15 minutes, Somon and Nabilah got out from the house and surrendered themselves to the Police. Pwi and Sohel are so afraid; they waited for Somon and Nabilah to come back. Somon and Nabilah came back after 1 hour.
     
544. About 10 – 12 November 2018, Somon Sekdah told PW10 to sign a paper. Somon took his finger on the paper. Sohel and Kamrul were also there. They also gave their signature and finger print. Somon Sekdah did not give them the chance to read the paper, but PW10 said when he signed it, he had just read a little bit. There was something like; Mr Price is a good company, accommodation and food everything was alright. The documents were typed by Nabilah. PW10 said he was afraid about his life. He was directed by Somon Sekdah to go to the Police station with Farid’s passport and gave the passport to the police and told the police that they did not have any relation with the company. They never worked in Mr. Price Company. They did not know Somon Sekdah and Palas was their boss. PW10 said he was not happy of what Somon Sekdah instructed them to do at the Police station and that he was afraid. PW10 said he told Somon Sekdah that he was afraid to go to the Police. Somon Sekdah was very angry at that time. Somon Sekdah PW10 that if t if anything happened after he had told him to go, he will destroy his life. He will finish him. Somon also told PW10 that he had good relation with the Police so nothing will h to him. PW10 and Sohel wenl went to the Police and gave Farid’s passport as instructed by Somon Sekdah.
     
545. Around 5 – 10 November 2018, Somon Sekdah and Nabilah came to town house. They called everyone for a meeting. They were more than 40 people at the time. Somon said he needed a video film from them. They have to say in that video film that Mr. Price was a good company. Those who escaped from the company and went to the police were telling lies. PW10 said they were offering them that if they complained against Mr. Price, Police will pay them US$20,000 and that they will send back to Bangladesh. PW10 said that statement that they told him to say was not true. Somon Sekdah appointed PW10 to record this video and he recorded the video because that was his order.
     
546. He gave evidence as to how he recorded the video film. The maximum of people could not speak English. So Sohel wrote in a paper what they have to read and PW10 recorded the video. It was written in Bangla but was English sentence but they used Bangla, so their people could easily read Bangla. Exhibit P14 was the paper Sohel wrote in a piece of paper. PW10 confirmed. PW10 said he was using his mobile phone to shoot the video film. Sohel and others were holding on this paper while he was filming. He took video from Tassiriki house and Sohel was with him. PW10 said he gave this video to Palas while Somon was there. After he took video from Tassiriki house, he deleted the video and did not sent to anyone. This video was uploaded to Mr Price office. PW10 said he had informed the police about this during the investigation. PW10 was aware these videos were made available to the prosecution.
     
547. PW10 was shown 3 samples of the videos he took at Tassiriki or Town house. Picture 1 showed Ashraful Islam, picture 2 showed Parvex and picture 3 showed Nacir. PW10 said he came together with these 3 in Vanuatu. Those 3 were representatives of the others, Exh. P16 (USB stick containing video images made by Rachid Arun – PW10).
     
548. PW10 said he did not shoot the video willingly. He was not happy. He was doing it because Somon Sekdah ordered him to do so. From the time, they arrived in Vanuatu; Somon Sekdah created fear inside them about him. PW10 said he heard Somon beated few people several times. That was the reason why he followed what he said.
     
549. On 20 November 2018, PW10 and others were picked up by the police for their safety. When he worked for Mr Price, Somon Sekdah used to say that he had many friends in politics, police, immigration and also some big businessmen. Somon Sekdah told PW10 that it was easy to make Vanuatu people fool. They did not know anything about the modern world. Sometimes Somonused to say if he was fraufulent, he was not not cheating with them (Bangladeshi people), he was cheating fooled Vanuatu politicians.
     
550. PW10 said he saw someone from immigration office came to the office he works in for Mr Price. PW10 said he saw that immigration officer one time but he could not recall of his face. That immigration officer took some passports from Somon Sekdah and put arrival and exit and exit and arrival stamps on these passports. The stamps were to do with their visas. There were rules in this country, where you can leave for a short period and come back again into the country. You needed exit stamps and when you arrived you needed arrival stamps on the passports.
     
551. While he worked with Mr Price in the office, he used to observe Nabilah went overseas including Australia. PW10 said Nabilah normally told them that she went to Australia for business purposes, making licence or prepare licence for those who wanted to go to Australia. But everytime when Nabilah came back from Australia, she brought in big amount of Australian dollars with her. PW10 said he had told the police about this.
     
552. PW10 added to his evidence in chief the following. He was from middle class family. He was the only bread winner for his family. He had a dream to do something and to be someone in his life. With that dream, when he heard about going to Australia, he was very happy to go there. So to go there, he needed to pay them 1,200,000 BD Taka. From the last 12 years, he was separated from his father’s family. In that time, he earned some money and bought himself a land. He had sold that land and paid all the money to Somon Sekdah through Shohag. Somon Sekdah had promised to give him a good job. But after he came here, Somon had used his (PW10) skills with his bad intentions. Others like him as Somon brought in this country more than 100 people. Some obtained huge amount of loan to pay money to Somon to be here. But after they came, here, Somon did not give them what he promised.
     
553. He had a son of 8 years age living with his mother. There was no guardian or anyone to look after them. He could only send his 2 months salary and half to them. He was here for almost 2 years. He did not know how they could survive. It was difficult for a woman to live with a son. He had nothing. This was his last capital to invest to do something. Because of the guy who brought them here and destroyed their families. Somon is the biggest cheater of this world. He destroyed so many families. He played with our emotions, fear. With respect, do something to stop him. He did not know of his future whether he will survive or not. When they arrived here, they had the food, they never had before and every people like beggards never ate this food. The food was so bad but when Somon and Nabilah took their food in the office, when the finished they are the left over in their plates. He wanted the highest punishment. He asked to go back to his families.
     
554. PW10 was cross-examined by Mr Livo. PW10 said Palas was his boss; it was not true as Somon told him to tell the police of that. He was not sure Palas was the owner of Mr Price. Palas has a relationship with Somon as a supervisor.
     
555. PW10 was cross-examined by Nabilah. He was asked and he denied he knew Jovil was in Vanuatu. He knew he was going to Australia. He was asked how he knows Taibur was talking to Somon and Nabilah because PW10 said Taibur told him when he communicated with Somon or Nabilah as he was beside him. PW10 agreed Somon called him for an interview in relation to his job. Somon wanted to see his qualification. So PW10 said he sent Somon his marketing plan.
     
556. He denied he used to have breakfast. There was a fridge in the office. It was to keep the red bulls cool. He denied he had breakfast with the boss every day or the staff. The tea or coffees were used for the business visitors into the office. He was asked about Mr Price logo, PW10 said he brought the logo from International Mr Price and the main content of that was Mr Price logo. He was asked and he repeated his evidence that after he designed, he gave the design to Somon. The people who came to Vanuatu and the PW10 was confronted that they already saw that in Bangladesh. This meant they sent these pictures to their brokers in Bangladesh. Their brokers showed the pictures to the people. They also put in the telephone directory what he had designed (Exh. P15). He accepted he sent an email to Nabilah and that there was an interview done with her and another person also was interviewed. He confirmed he went to Somon’s residence and saw the passports Nabilah placed in different categories or grouping. She confirmed the details of her evidence in chief. He confirmed he carried banners and that Taibur shouted on him. He was challenged about him paying his cigarettes and going out of the house, he said he could not go outside the house without permission. They did not get permission to go out and pay for their own food. They request to the supervisors, they asked it for 5 or 7 times.
     
557. As to videos, he confirmed he recorded the videos as instructed to him. He denied the video was his own plan. He confirmed the videos were deleted and transferred to official laptop. He was using the laptop when working for Mr Price. He used the official password Mr Price was the signature and stamp. He maintained the details of his evidence were true.
     
558. Re-examination of PW10. He was questioned about his travel to Vanuatu and he agreed but he clarified on his agreement Mr Price, his final destination was Australia. About the lunch and food in the office, he said he could not eat properly because the food was not enough. Also the rice was served with smelly beef and cabbage or 2 pieces of smelly beef. In the office, they used the same lunch or food they had at Tassiriki house. Someone provided that lunch in the office that was why he said he could not eat properly.
     
559. PW10 is a credible witness.
     
560. Rana MD Shohel was the 11^th prosecution witness (PW11). His full name is Mohammed Shohel Rahman Rana. He was 28 years old. He came from Gachwa village, Tangail District. He was a single man. Before he left Bangladesh, he lived with his father, mother and elder brother. His father was 56, his mother 42 and his brother 42 years of age. Mr Shohel (PW11) completed Honours and Masters in political sciences from the Bangladesh University. He used to work in a private company specializing in food for animals. He was a shop keeper there. Four (4) other people worked under him. He was a store manager for 3 years. He knew why he was in court.
     
561. In October 2017, his friend Ruf told him that there was opportunity for people to go to Australia. His friend Ruf told him that one of his uncles worked in Australia. Every year the company that his uncle worked for took 3 people from Bangladesh to work in Australia. His friend told him that he was going to Australia too. PW11 asked his friend Ruf, how much he was going to pay, Ruf told him to pay 16 Lak Taka. They both went to do their passports.
     
562. In his conversation with Ruf, he needed not to pay once in Australia, the company will provide for the work permit. The company will provide for food and accommodation and pay 50,000 BD Taka per month. He could provide for his own food and could work for another company. In October 2017, they both went to Tangail agency to make their passports. In late October 2017, he went with Nasmure at Dakha Chamoly. But before going to Chamoli, he met Kamrul and Nacir Abassi and met them at Chamoli in front of Indian Embassy. Nasmure told him that on his way to Chamoli, he will be meeting with these two persons (Kamrul and Nacir Abassi). Kamrul was Somon Sekdah’s elder brother. These two waited for them there to prepare their documents for applications for visas and submitted for Indian visas. Kamrul gave him the documents and the receipts. Before he left Indian Embassy PW11 gave them back the receipt. The documents were, bank account details, his qualification reference letter and his electricity bills. All these documents were fake except his passport photocopy and photograph. He submitted these documents to Indian Embassy. They gave him a receipt and he gave the receipt to Kamrul.
     
563. On 28 October 2017, Ruf asked him to pay the money. He paid 2 Lak Taka to Alal (Shohag’s brother in law). Alal did not give him a receipt. The next day he paid another 65,000 BD Taka to Alal. On 29 October 2017, he paid 50,000 BD Taka and 1 November 2017, he paid 1 Lak Taka. After 3 November 2017, Alal called him and told him to leave and gave him Jabbar’s phone number. Jobban was also travelling. The date of the trip was 5 November 2017. He left for Dakha on 5 November 2017. At Dakha, Kamrul met him and others and had a meeting with all of them (8 of them in total). He met them there in a hotel at Hazimur Dakha. Alal and Nacir Abassi organized their stay at the hotel. Before they came to Dakha, Alal told him to come with US$2,000. Kamrul gave him, his passport with visas and air ticket. Their next destination was Golgotha, departed at 7:00am. Kamrul also gave him white bed sheets to carry (Exh. P4, p.6 photo 8). He confirmed.
     
564. At Golgotha, when he came to the airplane, he met with Taibur. Taibur told him that there were another 7 people form Borishal that wer travelling with them. So, there were a total of 15 people who were travelling together. Taibur introduced himself. They stayed 8 hours at Golgotha Railway station, Shiwalda. Their next destination was New Delhi by train. Taibur arranged for ticket travel. They arrived at New Delhi around 10:30am. They went to the hotel. Taibur was responsible for the passage of 15 of them. Taibure found the hotel and took them to the hotel. Taibur told them that he travelled with the 15 of them, they needed to follow his instructions and if not, he will kill them. Taibur said he will take them to Australia. PW11 said he got scared if something happened to him. They spent one night and next day. After 7:00pm, Taibur took them to another hotel. On the first night, three people shared the room with PW11. They were not to go outside. They met Nabilah at the second hotel. Taibur introduced Nabilah that she was the wife of the owner of the company.
     
565. Taibur told them Nabilah was travelling with them. They divided them into 4 – 5 people in groups and they went to New Delhi airport and once at the Delhi airport, they came back to a group. They stood in a lince, Nabilah first followed by Taibur and all of them. Nabilah took their boarding passes and dealt with immigration. They have already given their passports to them, immigration officers put them aside as they were a group. One hour later, Nabilah talked to someone and they gave them their boarding passes. Their next destination was Singapore and they arrived there on 8 November 2017. They waited at the airport for 10 – 12 hours. Nabilah took their passports away for the purpose of their boarding passes. Taibur gave them one biscuit each. PW11 expected Nabilah and Taibur to provide them with food. Their next destination was Fiji and they arrived in Fiji on 9 November in the morning. Nabilah took their passports away for the purposes of their boarding passes. Their next destination was Vaunatu and they arrived in Vanuatu in the afternoon on 11 November 2017.
     
566. At the airport, Somon, Palas, Anowar and Shohag were waiting for them. Shohag took PW11’s passport away from him and Shohag also took the passports of the other 15 travelling with PW11 away from them. They divided them into different groups to go into the buses. The bus took PW11 and those in his group to Pango house. He stayed at Pango about 2 months. At that time Shohag was the leader of Pango house. PW11 had used Exh.P4 to identify the two houses at PAngo, the rooms, the living room, the main gate and other gates. He lived in room 2 of house No. 2. He shared that room with 5 others. Shohag used to stay in house 1.
     
567. A meeting took place ofn the same day they arrived (11 November 2011) at Pango house. Palas, Shohag, Somon Sekdah, Taibur and 15 others who had just arrived attended the meeting. Somon spoke at the meeting. Somon told them that they had to pay the money before Sunday. Somon Sekdah gave those 2 days to pay. PW11 had to pay outstanding money of 6 Lak 41,000 Taka. He had paid already 5 Lak 50,000 Taka and US$2,000. Somon Sekdah told PW11 that he had received the money he had already paid. For the outstanding money, Somon told him to pay that money to Alal in Bangladesh and PW11 did so. Somon told them to bring more people in Vanuatu and Somon said if they refused to bring more people something will happen to each of them. They needed to listen to the supervisor. They were not allowed to talke about the food. If they did not listen to the supervisor he will finish with their life. He decided to do work. They had told them to wait as the work permit wsa not yet ready. PW11 was moved to Tassiriki for 1 month after staying at Pango house for 2 months and was moved to Pango again. Palas was the supervisor at Tassiriki house.
     
568. On 8 December 2017, PW11 was given a job at Pango house, cooking. He cooked for 2 months. After cooking, he had worked at opposite Tana Plaza for about 3 months. Then he worked in the office of the company as an accountant.
     
569. As to the work of cooking, PW11 started work from 7:00am to 7:00 – 8:00pm o’clock. At the construction site, he did cut the soil and did everything. He cleaned up the grass, put pillars into the ground; mixed cement and sand; build the steps on the seaside; help in wielding work; put timber on the hall. PW11 said he cut the soil by digging the soil and levelled it. He had used the spade and shovel. He used the spade to cut the grass. When they built the house, they used to put 8 steel pillars on the corners. He had used Exh. P4 to assist him in his evidence. He explained hew he had put the steel pillars in the ground (corners). They made holes with shovel and put the pillars in the holes. They mixed cement, sand and coral and filled up the holes. They used shalpe and buckets. As to the steps on the seaside, they mixed the cement, sand and corals to do the steps. They took big stones from the sea and put these stones on the seaside. They used different sizes of stones, big, middle and small sizes. For the big stones, 6 or 7 people to carry. Palas, Shohag and Anowar were the formen at the construction site. At the construction site, they work under the sun. There were no breaks apart from when they had lunch and after lunch, they started work again. PW11 said he worked 7 days every week. The foremen looked after how they did the work. They had to follow what they said. If they did not follow their instructions, the formen gave them warning to deduct the salary, they swore at PW11; they threatened to send him back to Bangladesh; sometimes they threatened to assault him.
     
570. After the 3 months working at the construction site, he was told to work in the office of Mr Price Company as an accountant. That was in Somon Sekdah’s office.
     
571. As accountant for Mr Price, when Somon Sekdah gave money to Palas to purchase things and materials, they gave him the receipts and he recorded these. Sometimes, he deposited the money into the bank. There were six (6) accounts that he deposited money into at Vanuatu National Bank (one account); ANZ Bank (two (2) accounts); Bred Bank (one (1) account). PW11 said he used to deposit money most in the National Bank of Vanuatu and ANZ Bank. Bibi Nabilah Buxoo was the holder of the account in the National Bank of Vanuatu; Somon Sekdah was the holder of one of the two (2) accounts at the ANZ Bank and the other account holder at the ANZ Bank was Mr Price business account. Somon Sekdah gave him money to deposit in these accounts; and one time Palas gave him money to deposit in these accounts. The amounts of money he deposited in these accounts were different on different dates. The largest amount he would have received was of US$8,000. This had been 3 or 4 times a week, and this would have depended on people coming from Bangladesh. He would have deposited US$8,000. PW11 said he had spoken to Somon Sekdah of depositing more than that amount. Somon Sekdah had told him (PW11) that he could not deposit more than US$8,000 if anything wrong would happen. Somon did not explain to him what wrong would happen. The amount of money he had deposited came from people who came from Bangladesh. Most of the time, Somon Sekdah gave him the money. He repeated he would have deposited money 3 or 4 times week. He explained also that in any of these days he had deposited more than one time and in different accounts. The money he had deposited twice or more than that. When he deposited in a day more than once, he used different accounts. This meant that sometimes when he deposited the money into two (2) different accounts in that bank and sometimes in two (2) different banks and two (2) different accounts. He would have received US Dollars, Australian Dollars, Euros and Vatu currencies.
     
572. Apart from money received in cash, he was aware of money remitted through Western Union. Nabilah used to send money from overseas via Western Union and two other persons, Sophia Rahman and Parbin. PW11 explained that Nabilah went to Australia and sent money through Western Union. She sent the receipts to Somon’s phone and Somon sent PW11 the receipts in his phone. When Nabilah did not go to Australia, Sophia Rahman and Parbin would sent PW11 the money and sent the receipt to Somon Sekdah. Somon Sekdah, then, would send the receipt to him (PW11).
     
573. PW11 said he had these receipts in his phone. As he could remember, the largest amount was VT232,000 which was equivalent to AUS$3,000. Nabilah sent that money. After he had received that receipt, he would to the Western Union to receive that money, after Somon Sekdah gave him his passport and instructed him to go and received that money from Western Union. Palas, Kamrul, Somon Sekdah, Florence and Mito. Florence is a Ni-Vanuatu who had worked in Mr Price office. When he worked in the office, Somon Sekdah asked him (PW11) to go with Palas and Haroun and spoke to the new people who have just arrived fom Bangladesh, tempted them to do business. These people had the option to do business or to do work. So he was sent by the office to do this by Somon Sekdah on his behalf. PW11 said he understood the importance to do business. Somon Sekdah and Mr Price Company will make a profit because if these people wanted to do business, they would have to pay extra 4 or 5 Lak Taka for business purposes. The profit was beyond the 12 Lak Taka these people paid. PW11 was encouraged to get more people from Bangladesh. He was told by Somon to talk to his friends in Bangladesh who wanted to start new business in Trinidad and Tobago. The name of the business was 7/11 Supermarket Somon will start there. Somon wanted some educated people from Bangladesh. He was asked to encourage people to come to Vanuatu.
     
574. During the time he worked for Mr Price, he did not know whether he had a work permit or not as he did not see it. While he was working in the office of Mr Price, he saw an immigration officer coming into the office of Mr Price 3 or 4 times. That Vanuatu immigration officer came in the office, to see Somon Sekdah and Nabilah. PW11 said Somon Sekdah called him as he was in the office, he (PW11) came outside then Somon Sekdah showed him a passport. It was Ashraful’s passport. Somon Sekdah told him that that passport was almost expired, the validity was two months. He understood the immigration officer to stamp on the passport. That passport was stamped when Somon Sekdah showed it to him (PW11). He saw Somon Sekdah gave a white envelope to that immigration officer. PW11 said he had spoken to Vanuatu police about this when he made his statement to the police. PW11 said he had also identified that immigration officer to the police when the police showed him a picture of that immigration officer.
     
575. On 2 October 2018, after there were several people escaped from this accommodation, there was a meeting. Somon Sekdah directed him (PW11) and Harun to shoot a video. Somon and Nabilah came to their Shefa house, they told them that people escaped from the company and put false complaints to the police. Somon and Nabilah told them to take some video of people so that they could not escape from the house. Somon told him and he wrote in Bangla the paper. Then Harun shot the video and he (PW11) held this paper several times. PW11 identified the paper he wrote as Exhibit P14. Somon told him to write the paper. He was not happy. He did not tell Somon that was not happy. They could not refuse what Somon said.
     
576. What he wrote in the paper was directed by Somon Sekdah to him. The video took place at Town house. His second time he lived in Pango, he was occupying a room at house 1. Shohag was the supervisor and when Shohag left and returned to Bangladesh, then Anowar was the supervisor. Anowar was staying in house No. 2 where they used to have their meals. They had their meals in a dining space in the sitting room there. He remembered there was a notice about the company rules about the food and that they could not move outside without permission. The notice was first handwritten, then, it was typed. The notice was in Bangla. Somon directed Kamrul to type the notice. The notice was put on the hall near the living room. PW11 said he put up that notice of the hall because Somon told him to put it there so that the people who live there can follow these rules. He did not consider refusing what Somon asked of him. He had to do what Somon ordered him to do. He did not have option. If he had refused to do what Somon asked him to do, Somon will apply what in the company Somon used the word “button” on him. A copy of that notice was shown to him. He had recognized it. There were 13 rules “ADESKROME KORTIPOKKO” (MFI (4)) [This was to be translated, a letter size and put in by the author of the Notice 19/12/19 – 6:45pm].
     
577. PW11 had feared the prospect of been “button” if he did not follow the rules. He remembers an instance when Somon Sekdah spoke to him challenging him to beat someone else otherwise something will happen to him. That was in the office, PW11 felt badly about this. He was scared if he did not follow Somon’s instructions, Somon was going to beat him (PW11).
     
578. PW11 made the following further statement: he came overseas with a big dream. When he arrived in Vanuatu until then, they had just threatened him. He came here and did some work he never did in his life. He worked all day without lunch. They never provided breakfast. Sometime he had one biscuit other time nothing. He worked under the sun and it burnt his skin. When he arrived here, they told him to give a job in a hotel or shopping mall. He lived everytime with the risk of his life. He worked very hard. They provided bad quality meals. Somon Sekdah told him the story that he had a house in America in Florida; he has a big company in South Africa. He was carrying 2 or 3 guns with him. If they made a mistake, Somon used to tell them he was wearing a hat, they should not make him carry out the hat. Somon also said in this country, like ministers they were all his friends. That was why they also scared and they must follow what he said. PW11 like 101 families who came here, it is 500 people added, with this 100 people. Somon had destroyed all these people’s lives. He had destroyed his whole life. He had a dream for the future but when he came here, everything was finished. Because of him (PW11), his parents were crying. He could not talk to his family because of the loan. Somon threatened him (PW11) and tempted him that was why he did bad things to the people. He said sorry to them.
     
579. PW11 was cross-examined by Nabilah. He was asked he stated on 9 November 2017, Somon and Moinul were involved in an accident but they were not injured. Only Moinul has small cut on his body. They asked PW11 to help them but he did not help them. He was asked if Anowar had a fracture, Anowar lived in different house. He saw Anowar using something on his neck. But he did not know for what injury. At the construction site, there were no local workers there. Long time later, when he worked in the office, he saw some Ni-Vanuatu people working in the swimming pool. He did not work with Moinul but he used to work with Kamrul.
     
580. He used to have his lunch in the office but the lunch came from Tassirik house. He was referred to MFI (5), the notice. He said Mr Price was not mentioned but Somon Sekdah was. If they had Mr Price name, there was no need for signature.
     
581. PW11 was re-examined. The food at lunch time was delivered by these people who did not work and were waiting for business, used to deliver the food. Sometimes, Saiful (driver) delivered the food. The food consisted of 3 small pieces of beed and they were smelly beef. They could not eat. They used to throw it away. This food came from Tassiriki house. Round cabbages were cooked at Town house, with lots of water, no spices and one time no round cabbage but they cooked kichuri with tamarin powder.
     
582. On the notice (MFI (4)) he said the name of Mr Price did not appear on the notice but it was Somon. He explained that Somon used to go in the three houses and had meetings. In these meetings, Somon said they were not allowed to talk about food. If anyone talked about food, Somon used to warn him. That was why there was no need to write Mr Price on the paper (Notice). In the laptop, there was no Bangla software, which was why they used the mobile phone to create this notice. He wrote this made a mistake of not writing Mr Price on it.
     
583. PW11 (Shohel MD Rana) is a credible and trustworthy witness.
     
584. Sohel MD Rana was the prosecution witness No. 12^th (PW12). Mohammed Sohel Rana was 31 years old. He was not married. He lived with his father (62 years), mother (56 years), a brother and his wife before he came to Vanuatu. He came from Uttor Baddoba Village, Tangail District. He has a Master of Business Studies in Accounting. He did his Master studies at the National University, Soaded College. He completed his Master studies in 2011 and had the results in 2014. Before he left Bangladesh, he was not employed. He was looking for a job. He knew why he was in court.
     
585. Nacir Abassi told him of the job overseas. PW12 knew that Nacir Abassi was living in Vanuatu. He took his phone number and communicated with him through IMO. Nacir told him that he lived here (in Vanuatu) very well, the owner of the company he worked for was a good person. If he (PW12) wanted to come over, he had to communicate with Shohag. At the time PW12 spoke with Nacir, Nacir told him he lived in Vanuatu. He was working in Mr Price Company and Nacir gave PW12 Shohag’s phone contact. At that time Shohag was living in Vanuatu.
     
586. PW12 spoke to Shohag. Shohag told him he was working for Mr Price. Mr Price gave him permission to bring people in the company. Shohag told him that if he came over and worked for Mr Price, they will pay him 50,000 BD Taka every month. They will provide him food and accommodation. If he wanted to do business, there was opportunity too. Shohag gave him two (2) options, work or business. PW12 said he accepted business. Shohag told him after he travelled there; they will take care of his business documents and also, his travel documents from Bangladesh to Vanautu. They will prepare all the documents. Before he left, his understanding was that Mr Price was going to provide him with a business and Mr Shohag was authorized by Mr Price to take hm there for work or job. Shohag told PW12 to pay 12 Lak Taka. Shohag told him that his father lived at Shokipur. PW12 will pay the money to his father there.
     
587. He made payments to Shohag’s father. PW12 said he gave money 5 times to Shohag’s father. He made the first payment on the last week of March 2018. He paid to Shohag’s father 12 Lak Taka and gave him his passport and 4 copies of ID photographs. There was no receipt given. He made the second payment on the second week of April 2018 and he gave him 3 Lak Taka. Shohag’s father told him that he was going to send the money to Vanuatu for the salaries of some people working in Vanuatu. He gave their salaries from his house. PW12 did not know who he was going to send the money to. PW12 paid the third payment of 3 Lak Taka on the last week of April 2018.
     
588. Shohag told PW12 that he will arrange everything for his travel arrangements. The last week of April 2018, Shohag told him he had to go to Dahka and gave him Nacir Abassi’s phone number and that he had to communincate with Nacir Abassi.
     
589. PW12 went to Dakha. He communicated with Nacir Abassi. Nacir Abassi gave him his travel documents for Indian tourist visa. Nacir gave him application forms that were already completed. He did not know who filled up the visa application forms. One of the documents was a bank statement in his name. But it was not his bank account as he did not open any account. Another document was a reference letter from where he was working. But PW12 said he was not employed at that time. PW12 could not remember about the company’s name but the reference said he was working as a salesman. Nacir Abassi told PW12 to submit these documents to Indian Embassy and they gave him a receipt. Nacir Abassi told PW12 to give the receipt to him. PW12 gave him the receipt. PW12 said he had made two further payments after he arrived in Vanuatu. The payments made in Bangladesh were made to Shohag’s father as Shohag instructed him to do. PW12 said he had recorded these payments by video with his mobile phone. He recorded himself the three payments he made to Shohag’s father.
     
590. PW12 had his mobile phone with him showing the video of the three payments. He explained that in each of these recordings, ti showed Shohag’s father and his two (2) witnesses (Abu Bokkar and Salim). He was able to show the video. The court has seen the video of the three payments made by PW12 to Shohag’s father and the witnesses’ present and same witnesses for the three payments made by PW12 to Shohag’s father and marked as Exhibit P18.
     
591. On 10 May 2018, Shohag called PW12 and told him that he will leave Bangladesh on 12 May 2018. He told PW12 to go to Dakha Contlemen Railway Station. Shohag told him that the elder brother of the owner of the company (Mr Price) will meet him there and will give him further information. PW12 went to Contlemen Railway Station and met Kamrul Sekdah, Josim (Palas elder’s brother) and Nacir Abassi. PW12 identified Somon Sekdah and Palas in court. He met with 8 other people who travelled with him.
     
592. They were standing on lince, Kamrul Sekdah gave to PW12 and others their passports and US Dollars and air ticket. Kamrul gave him US$400, 00. Kamrul spoke to everyone and told them that they were going travel to India (Goldgotha) by train. Kamrul made the arrangments for Pwi’s travel to Golgotha as Kamrul provided his passport, air ticket and US Dollar. They departed and arrived in Goldgotha on the same day in the afternoon. Their next destination was New Delhi by train. Josim travelled with them at New Delhi and made arrangments for their travel to New Delhi. Josim gave him his train ticket. They stayed in New Delhi for a week. They stayed at Oxford Palace Hotel Josim arranged for their Hotel accommodation and travel arrangements to the airport. Josim provided to them to them a meal for whole day. There were 9 of them living in 3 different rooms with Josim as they could not go to a different hotel if they wanted to they needed to get Josim’s permission. Josim told them so their next destination after New Delhi was Singapore. From New Delhi to Singapore, Kamrul Sekdah travelled with them. Josin returned back to Goldgotha, Kamrul had arranged for their travel from Singapore to Vanuatu. PW12 said Kamrul was their escorter from Singapore to Vanuatu. They arrived in Singapore at 9.30 am that day until 9.55 pm. They stayed in the airport. Kamrul provided them with a meal. Food provided was not enough but they did not complain. PW12 said at New Oxford Palace in New Delhi, Kamrul gave him US$5,000 Dollar and an endorsement document, multiple business visas. The endorsement document was a copy of US$5,000 Dollar. PW12 had identified the endorsement of US$5,000 Dollar Kamrul gave him to carry to Vanuatu and marked as Exhibit P17.
     
593. Their next destination was Fiji. Kamrul arranged their travel to Fiji they stayed at Rayas, Madison Hotel as arranged by Kammul. Kamrul provided for their food wile in Fiji. In Fiji they cooked their food, their next destination Vanuatu. Kamrul had arranged for this travel to Vanuatu. They left Fiji on 23^rd May 2018 and they arrived in Vanuatu at 9.30 am.
     
594. PW12 gave detailed about of their trip from Goldgotha to New Delhi as to how they had passed immigration in New Delhi airport Kamrul took their entire passport and gave something (he did not know the immigration officer gave them the passport and they went through immigration. Kamrul did similar thing in Singapore and Fiji. But Kamrul did not do that similar thing in Vanuatu immigration. In Vanuatu, each held his passport, Kamrul went first. Kamrul told the immigration officer that they were working for Mr. Price and they let them go.
     
595. At the airport, Somon Sekdah, Nabilah, Shohel and Taibur were there. They took them to Tassiriki House in a pickup truck driven by Somon Sekdah.
     
596. PW12 said after they went to Tassiriki house, MD Sohel Rana took his passport and US$5,000 and informed him (PW12) that he will give them to the boss. In the evening, they took him to Pango house with three (3) others (Sakir, Fojlul Kok, and Omar Foruck). PW13 stayed in Pango for 6 months. He shared room with 6 others. He identified the two houses at Pango, the rooms, the sitting room and the entrance gate and others using the diagram in Exhibit P4. PW12 stayed in house 1 in the living room. They had meals in house 2 at the sitting room in that house 2. Shohag and Anowar were the supervisors at Pango house. When Shohag left for Bangladesh, Anowar was the only supervisor at Pango. Shohag used to live in house No. 2, room 4 and Anowar lived in room 3 of the same house 2.
     
597. When PW12 arrived Shohag informed him that he had received the 8 Lak Taka he paid. PW12 need only to pay the outstanding money of 4 Lak Taka. His family had paid the 4 Lak Taka to Shohag’s father. Shohag told him that he had received the payment of the 4 Lak Taka outstanding. Few days later, a briefing meeting took place at Pango house. Somon and Palas were there. Somon did the talking. Somon Sekdah told him that Vanuatu is a good country. If he (PW12) wanted to do business, he had to pay extra money. He told him he needed money. He told him he needed to pay another 5 Lak Taka. But PW12 paid only 4 Lak Taka. The money was paid by his family to Shohag’s father in Bangladesh. Somon Sekdah told PW13 that if he invested 4 Lak Taka, he could make 12 Lak Taka every month. There is market. PW12 could buy the products form him (Somon) and sell them locally in the market. Earlier Shohag told him he could earn 50,000 BD Taka. He could earn 2 Lak Taka every month if he did business here. PW12 said he felt good that if he invested 5 Lak Taka, he could earn 12 Lak Taka. That was the reason he came to Vanuatu.
     
598. After he had paid 4 Lak Taka, PW12 said he approached Somon Sekdah as to when he could start. Somon told him it would take 2 or 3 months to complete the market and so PW12 could start doing business. Somon told PW12 this in June 2018. PW12 said in August or September 2018, he could not start a business as promised. He understood, Mr Price was going to do all business arrangments for him. Shohag told him similar thing that the company will arrange for business documents. By the end of August or September 2018, PW12 did not receive any business documents from Mr Price Company or Somon Sekdah.
     
599. At Pango, he was not able to do what he wished to do because if he wanted to do anything, he needed to take permissions from Shohag or Anowar. Everytime he needed to get outside the house, he needed permission. He could not talk to other Bangladeshi people who lived in the house at Pango. At one time, the notice of these written rules was posted on the wall of the room occupied by Shohag near the living room where they used to have their meals. That was room 4 of house No. 2. The notice was posted close to the door of that room 4. When they entered the room it was on the right side on the front wall. The notice of rules was written in Bangla language. PW12 confirmed at copy of the notice as shown to him in the document marked MFI (4). He confirmed the document as the notice of rules put up at the wall of Shohag’s room. PW12 said there were 13 rules and went through each of them:
     

Rule 1: Not allowed to make any negative comments about food that the company provides;

Rule 2: Not allowed to go out of the house without permission;

Rule 3: No allowed to cook personal meals;

Rule 4: Not allowed to use any kind of heater, air condition, coffee maker and washing machine;

Rule 5: Not allowed to smoke outside designated places;

Rule 6: Once in a week, they have to wash the house;

Rule 7: Not allowed to go into any other room if not necessary;

Rule 8: Not allowed to talk aloud inside or outside the house;

Rule 9: When uncle came inside the house, not allowed to come close to him iwhtout calling if not necessary;

Rule 10: After 10:00pm, lights should be turned off;

Rule 11: If any furniture is damaged or broken, the person responsible will pay a fine;

Rule 12: Walking around the house at night is prohibited;

Rule 13: Inside the house, they have to comply whether seniors or juniors.




It was signed as an order of the authority. This was entitled “Notice”.



600. One time during his stay, the accountant of the company put that notice on the wall and told PW12 to comply with these rules in the notice. The notice was readable and clear. PW12 said the quality of the food provided at Pango house was very bad. He had never had such food before. PW12 said they provided two meals a day; he had rice, 2 or 3 small pieces of beed. He vomited so many times after he had this food. This had never happened in his life before. What caused him to vomit was the fact that they used to take a cow killed a day before. So on the first day when they cooked the beed it was good. But after they put the beef into the fridge, the beed was smelly. In addition to beedf, they provided round cabbages. They used to give 2 or 3 round for 50 to 60 of them. It was not enough for all of them.
     
601. PW12 said he lived in the living room. He used to move his bed 5 times as they used to pray in that room. The room was not sufficient. It was too crowdy. People used to walk around in their room. PW12 said his relationship with Shohag and Anowar were not as good with those 2 as supervisors. Everytime they asked them permission to go out and sometimes they did not give permission. PW12 was not able to readily talk to anyone he wanted to talk to in Pango house. If he talked to them more than once, they thought something else was on. Anowar used to walk outside while Shohag was inside the house. PW12 said he could take to his family but he could not talk to them about what happened because if he did that they would continue with batam (beating). PW12 described batam (beating) as physical torture like they could call him in front of everyone and tortured him. As he lived in the living room, his room was always open. The supervisor could come in anytime and picked up his phone. It happened to him one time. One time Anowar came and searched his bed because someone lost his money. When Anowar did this, Anowar did not ask him. He took away PW12’s phone. If they thought something was going on, they took his phone and searched it if he passed on any information to anyone or not. They took PW12’s phone 2 times. The first time, Anowar ro Shohag took his phone and the second time, Harron. Nothing happened to him but they kept PW12’s phone away from him 10 to 12 days before they returned it back to him. PW12 said for the firt time when he went outside of the house, he talked to local people. Thus they had a meeting and they told him (PW12) why he talked to local people as they were not going to help him.
     
602. That meeting occurred in the living room where he lived in Pango. The meeting took place at night time; he could not remember the date. People attended the meeting came from Town house, Tassiriki house and Pango house. Somon Sekdah was there at the meeting. Palas, Somon (the other one), Musharaf, Nadim, Saiful (driver) and others came with Somon Sekdah at that meeting. When the meeting started, PW12 said he was outside. Anowar called everyone in. PW12 went in, there was a desk. For a while, he saw Somon Sekdah beated Amir. Somon took his show and used it to assault Amir with. PW12 said when he saw Somon Sekdah was beating Amir, he got scared and went into the small house. After a while, they called him to sit in front of Somon Sekdah. Somon was sitting on the floor in front of Somon Sekdah. Some of the people in the meeting were standing, some were sitting, and some were standing around Somon Sekdah. Somon held a stick of the size of 75cm and pointed to his chin. The stick was a timber wood of 6cm wide. Somon held on the stick, pointed the stick to and on his chin and pushed and pressed the stick on his chin which was lefted up as the result of the pressure applied.
     
603. Somon then used the stick under his left jaw and put pressure on that region of his head and had bent his head. PW12 said he felt a very small pain. Then Somon Sekdah orderd the accountant of Mr Price company (MD Sohel Tana) to assault him (PW12). MD Sohel Rana slapped PW12’s left side of his head several times and kicked him on his back side. No one else joined to assault PW12. Then Somon Sekdah called Ashraful, Jamal while Amir was already there on the floor, and counted 1, 2 and 3 and Somon’s assistants assaulted the three (3) of them. They used their hands and legs to assault the three (3). PW12 was sitting in front of Somon. They assaulted the three behind him so he looked behind him and saw they assaulted the three men. Somon’s assistants were Nadim, the other Somon, Musharaf and Moinul. Palas and Anowar were there but he did not see them assaulting anybody. Somon Sekdah and his assistants left the place. PW12 went back to his place in the living room, sat there and cried as he had never seen someone assaulting him like this.
     
604. PW12 said he did not understand why Somon assaulted him. There might have some spies on him. He saw first Somon Sekdah ordering his assistants to assault the three men. Then Somon Sekdah ordered the three men to assault each others.
     
605. PW12 waited for Somon Sekdah to provide him with his business documents. At some point in time, Somon Sekdah told PW12 to collect scrapped metal; this was after Somon Sekdah was not able to provide him with a business immediately. Somon Sekdah askem him to go to different places and found out scrapped metal and informed him about ht elocation so that Somon could go collect them. PW12 said Somon Sekdah told him out to places to buy scrapped metal VT10 per kg. This arrangement did not happen. PW12 said he went to places collected scrapped metal by collecting the telephone number told the office accountant MD Sohel. He did not get any money as a result of the information he gave to Somon Sekdah.
     
606. This was not the kind of business PW12 had expected when he left Bangladesh. In the six (6) months he was in Vanuatu, he did not receive any money from Somon Sekdah. PW12 had given Somon Sekdah a total of 16 Lak Taka. In November 2018, PW12 lived at Town house. Instructions were given that they all individually needed to be filmed in video and they needed to say something concerning the 12 Bangladeshi who escaped from the houses. Harun and Shohel came to him on the first week of November 2018 at the Town House and asked to shot a video with him and all others individually. They told them if they went to police and complained against Mr Price, the police will send them back to Bangladesh. Mr Price. Mr Price accountant wrote the statement he referred to. It was in Bangla and Harun tookt he video. PW12 identify the statement by recognizing Exhibit P14 as the document written by the accountant of Mr Price and had asked him to read. At that time, he was also presented with papers he was asked to sign. He signed and put his finger print on the paper. He had asked them why he signed the paper, he was told he needed not to know about. The paper that he signed was in English, produced by Mr Price accountant MD Shohel Rana and it was typed. They did not allow him to read the paper.
     
607. PW12 made the following statement. Mr Price, Mr Somon Sekdah destroyed his life, destroyed his family’s life. His family sent him over with hope that he could do something for them. He was in Vanuatu for 2 years, he did not earn any money. His father sent him to make some money. His father said if PW12 could do something, he (father) could retire from his work. His father always thought of him and the previous year (2019) his father died from a heart attack. His family blamed him from the death of his father. This all happened because of Somon Sekdah. He had lost his father because of the situation. He wanted high punishment. He had lost 2 years of his life. He wanted higher punishment for whom that had created this situation.
     
608. PW12 said he had borrowed money from creditors. He could not refund the money. They put pressure on him. His mother borrowed money from people for her medication. He could not support her. He did not have the money. His brother had asked him for his school fees. He could not help him. He lost his self-respect. He did not want to return to Bangladesh and show his face to other people. He had given evidence against Somon Sekdah, Somon Sekdah lived in the same place PW12 lived. He did not have any security. Somon’s family or his assistants could kill him. He was in that situation. If he would return home, people from whom he had borrowed money could kill him at any time. For his life security, he wanted shelter and job. It will be good for him. So he asked for equal justice. He wanted compensation for what he had lost from his life.
     
609. Cross-examiantion of PW12 by Mr Livo. PW12 maintained his evidence that Anowar had searched his bag in his room. He was close to his bag when Anowar searched his bag. They found some money in Amir’s pocket.
     
610. Cross-examination of PW12 by Nabilah. He was aksed and he agred that there were a group of business people and a gourp of workers living in Pango house. The business people did not make any works. He agred in some afternoon he and other business people played soccer with local people at Pango but not every day but just few days. He was asked about the shops and he denied he went to the shops every day. PW12 said when he went to the shop, he had asked permission and he went by himself or with one or two others. He was asked and he maintained that he was waiting for 2 months and half for his business as he was not coming to wait for the business. He was also asked about work and he agreed that he was waiting for business for the first 2 and half months, then, Somon Sekdah gave him work to collect scrapped metals.
     
611. He was challenged that when he gave his statement to the police, he did not provide any medical certificate to the police. PW12 responded, the police did ont ask him this question. If police asked him that specific question, he would have answered them. He confirmed the timber stick he described in his evidence in chief and he agreed he did not provide that timber stick to the police or took pitcures of the stick and the people assaulted. PW12 answered, he could not take pictures because he was scared. He denied he came to Vanuatu through his own will as when he had spoken to Nacir Abassi, Nacir told him to talk to Shohag. Shohag confirmed to him that he will organize every arrangement for him after he had paid the money.
     
612. As to playing soccer, he clarified he had not gone and played soccer by his own volition, he had also sought permission and permission was given to him to go out. As to the timber, he said he did not provide the timber stick to the police because he was scared as if they found out that he was looking for the timber stick, they were going to beat him.
     
613. PW12 is not challenged in his account of what he said. He is a credible.
     
614. Robil Miah was the thirteenth prosecution witness (PW13). He was married and had a daughter of 3 years old. He was 29 years of age. He came form Partoil village, Tangail District. He lived with his mother (60 years old), father (70 yars old), wife and his younger brother (25 years old). He had a poultry farm before he came to Vaautu, with 2000 birds. He had the poultry farm for 7 years and had employed 1 person. He came to this court to give evidence.
     
615. PW13 said he knew of the job overseas by a friend of his, Biplob. Moinir lived in the same village with PW13. Moinir told him about his friend Biplob and had communicated with him by phone. PW13 was informed by Biplob that he came to work for Mr Price Company through Shohag of Shokipur Sauklhimmure area. Mr Price organized his travel to Australia through Mr Shohag. Shohag brought Biplob to Mr Price Company in Australia. Biplob told him that Mr Prive would pay 50,000 BD Taka monthly salary, 4 hours overtimes and the company will provide food and accommodation. When he spoke to Biplob, he understood the employment with Mr Price will be in Australia. Biplob told him he will refer him to Shohag who is from Shokipur. Biplob gave him Shohag’s contact number and Biplob also said he will contat Shohag. Biplob also gave PW13 some pictures of the shop PW13 will work in if he would come over to Australia. PW13 said Shohag and Biplob sent him these pictures that he had in his phone. Shohag actually contacted PW13 through Moinure and Shohag then gave PW13, his IMO number.
     
616. Moinure was in PW13’s village at the time and they have tried to come together to Australia. Shohag told PW13 that the Company will paid him 50,000 BD Taka salaries monthly, 4 hours overtimes and food and accommodation will be provided. Every year the salary of 50,000 BD Taka will be double to 100,000 BD Taka. PW13 showed the pictures in his phone and confirmed that the pictures were the one sent by Shohag and Biplob. Everything was the same except the symbols.
     
617. Shohag also told him he had to pay 12 Lak Taka and that he had to pay that money at Shohag’s house to Shohag’s parents. PW13 said he went 3 times to pay that amount. In June 2018, he first went and paid 5 Lak Taka. He gave the money to Shohag’s father. He also gave Shohag’s father, his birth certificate, 4 copies of ID photographs and his passport. Shohag’s father did not give him any receipt acknowledging his payment of the money. Shohag’s father promised him that if he could not go to Ausralia he will refund the money. Shohag called him later on and confirmed to PW13 that his documents were processed. Shohag told him to get his Indian visa at Dakha and Shohag gave him Kamrul Sekdah’s contact number and told him Kamrul Sekdah will sort out his documents. On his way to Dakha, he contacted Kamrul Sekdah. He was asked to go to Dakha Shamoli and there he met Kamrul Sekdah. Kamrul gave PW13, his passport and some documents. Kamrul told him to stand on the line in the Indian Embassy and Shamoli. Kamrul gave him his electricity bills, salesman paper. PW13 said the electricity bills were not his as he did not provide Kamrul any but he could see tht his (PW13) name on the electricity bills. On the salesman paper, something written like PW13 was going to India to sell something there. He did not know who prepared the documens. But Kamrul Sekdah gave him these documents.
     
618. PW13 submitted theses documents to Indian Ambassador and a receipt was given to him. Kamrul told PW13 to give him that receipt. Later on Sholiag called and told him to pay another 3 Lak Taka before he travels to Australia. He paid the 3 Lak Taka on 7 July 2018 at Sholag’s house to Sholag’ssd father and mother. He acknowledged payment receipt was provided. When he paid the money, Shohag was on the phone talking. Shohag told him he should not get worry as his documents were processing and his flight will be a later. Sholag’s father also told Shohag that PW13’s additional Lak taka was paid. Specifically, Shohag told PW13 that his visa and everything was alright. Shohag confirmed he had PW13’s name on the list for these who were going to travel. Two days later he had paid the additional Lak Taka, Shohag informed PW13 that his flight will be the next day on July 2018. Shohag told him to Dakha at Countlemen Railway Station, Shohag also told PW13 to take with him 1,000 BD Taka. Kamrul Sekdah and Taibur were there waiting for PW13 and others. They called each of them to go close to their car. They told each of them to give Kamrul Sekdah the amount of 1,000 BD Taka each carried. Kamrul and Taibur gave PW13, his passport, ticket 400 US $ and different packets of T-Shirt in different colours. Kamrul instructed PW13 to put the cloths (T-Shirt) in his bagand to carry US$400 with him. From the Countlemen Railway Station, they travelled to Golgotha, India by train, Only Taibur travelled with them to Golgotha. They were 15 passengers with Taibur. The other 14 people joined at Dakha Countlemen Railway Station. They spent a night at Golgotha at Motel Majesty. Taibur arranged the hotel for them at Gold gotta and provided meals to them. They travelled by train and arrived at New Delhi on 14 July 2018 at 11.00 o’clock. Taibur was making decisions for them at New Delhi. They stayed there to 15 July 2018 at Sona International. There Taibur gave PW13, his passports, ticket, US$3,500 dollars and a packet of papers. Moimure travelled with them at the same time. Moimure counted the money (US dollars) and gave the money to PW13.
     
619. Their next destination was Singapore which they arrived on 16 July 2018 at 6.00pm. They spent the day at the airport. This next destination was Fiji. They arrived in Fiji on 17 July 2018. They stayed a night in Fiji at Maya International Hotel. Taibur arranged for their hotel in Fiji. Their next destination was Vanuatu.
     
620. They arrived in Vanuatu on 18 July 2018 in the morning. After PW13 was taken to Tasiriki house, he asked Shohag where he brought him to. Shohag told him – Vanuatu. This was when he was aware; he was not brought to Australia. He told Shohag he did not want to stay in Vanuatu. He questioned Sholag, why he was talking too much – Did he want to die- He came for money. He will get the money. PW13 said at that time he was crying because they told him one thing and they gave him different thing. At the airport, Somon Sekdah, Nabilah and Shohag met him with others.
     
621. From the airport, they took him to Tasiriki and they took 13 of them in the night to Narpow. Shohag told PW13 to stay at Narpow. He stayed there for 12 months. The next day, Josip told them that for those who needed to pay outstanding money they had to pay before the next day. Josip was the boss at Narpow. The other name of Josip was Moimure Islam Josip but everyone called him Josip. Josip warned PW13 that if he failed to pay the next day, he will have problem in that they will stop providing him with food and they will put him outside.
     
622. PW13 realized he will have problem, so he called on Shohag and expressed his concerns as to why they put pressure on him. His understanding of the arrangement was that after he will arrive in Australia, he will pay his outstanding after a week. He had asked Shohag to give him something or 4 or 5 days more, reacted by starting to swear at him. He told PW13 to fix his outstanding by the next day. Shohag told him if he failed to pay by the next day, they will stop providing him with food and they will put him outside the house. Something happened to him as he paid the outstanding a week later. So Josip put him outside and put PW13’s bag outside the door of the house. PW13 stayed outside the house for two nights. He could not get inside to have his meals. He slept outside at the veranda. PW13 identified the veranda where he had slept and the place outside the door of the house, his bag was put. (Exhibit P4) (P.15) photograph A. He slept alone outside.
     
623. Three (3) days later Somon Sekdah came to Narpow with Sholag, Biblob, Haaron, Kamrul (office worker) Shohag (Accountant) and Palas. They entered the house. Somon sat on the chair. Somon Sekdah had checked the names and reviewed those who had paid money and those who had not paid money. Somon told PW13 that he had received the 8 Lak Taka that PW13 had paid. Josip told Somon that Shohag ordered him to put PW13 outside of the house. Somon told them that he was talking about this issue as Shohag will resolve this issue. Somon Sekdah was talking of the options between doing business and doing work. He asked them to go one side if they were choosing doing business and to go on the other side if they have chosen work. Somon Sekdah explained the benefit of doing business. Somon said this country is good for doing business. They could buy thid 1 Taka and sell it at 100 Taka. If any had chosen to do business and sell 100 Taka. If any had chosen to do business, he had to pay 4 or 5 Lak Taka.
     
624. PW13 said he had paid the outstanding of 4 Lak Taka by his brother Joel and cousin Mojru as they both paid that money to Sholag’s father at his house. Sholag’s parents informed Shohag that PW13’s outstanding 4 Lak Taka was paid, Shohag called and instructed Jossip to receive PW 13 back into the house at Narpow
     
625. Five or six days after meeting, Sholag, Biplop, Palas, Kamrul and Shohag came back to Narpow house. Shohag and Biplob told PW13 that they had prepared his business card and he had to bring another Lak Taka. PW13 said he never asked anyone to prepare for his business card. Shohag told PW13 that if he wanted to change his business card, he had to pay 180,000 B.D Taka. PW13 tld Shohag he did not have the money and he could not continue with this business. Shohag and Biblob left. After this meeting, Shohag and Biplob left and Kamrul (office employee) came back at Narpow to discuss about the business opportunities. The proceeded the same way by asking people who wanted to do business to go on one side and people who wanted to do work to go on the other side. They told PW13 to go on the work side. PW13 said he never saw his business card related to Mr Price. He had never seen a business card.
     
626. PW13 gave detailed accounts of the situation at Norpw house. They had 2 meals a day. The food was bad and the meat was smelly. They were served with 2 or 3 small pieces of beed. PW13 said he kept vomiting after he had this food. He vomited and got sick from the food they provided. Almost every day of almost a month, he vomited 5 – 6 times. He vomited, suffered and got sick because they provided smelly food without spices. He was forced to eat this food and as a result, he vomited and got sick. He forced himself to eat this food because he needed to eat. Shohag was not there at Norpow so he complained to Palas. He asked Palas to change this food as he could not eat that food.
     
627. PW13 said he spoke to Shohag first of his intention to return back home in Bangladesh. PW13 asked Shohag to return his passport as he wanted to go back to Bangladesh. He was speaking to Shohag by phone at that time. Shohag started to swear at him and threatened him and ended the call. PW13 tried to call Shohag back on the phone; Shohag did not answer the call.
     
628. Sometime after that, PW13, was told to go to Mr Price showroom. When PW13 entered the showroom, Palas, Shohel, Kamrul (office), Nadim and KAusar were in the showroom.
     
629. Inside the showroom, Somon Sekdah, surrounded by his assistants, asked PW13 what had happened to him? PW13 told Somon Sekdah he wanted to return home to Bangladesh. Then Somon Sekdah told him if he wished to die, whether PW13 knew who Somon Sekdah was? Somon Sekdah asked PW13 whether he knew what he could have done to him. He would beat PW13, assault him and hang him on a tree. After that Somon Sekdah told PW13 that he would have cut him into pieces and sent his dead body over to Bangladesh. Somon Sekdah used the word “Malvo” meaning PW13 was going to die.
     
630. When he heard these words in the presence of others, PW13 said he could not stand in that situation, he was crying. He thought Somon Sekdah will kill him. PW13 said he could no longer return to home to Bangladesh.
     
631. PW13 did inform his family about the situation. He had taken pictures of the food and sent these pictures to his family. He had told them that the situation was not good and he informed his family that he wanted to return home. Kamrul (office employee) found out that PW13 took pictures of the food and had sent messages to Bangladesh. Kamrul did this by searching into PW13’s phone and read the messages. Kamrul (office) gave PW13’s phone to Somon Sekdah. Somon Sekdah read these messages. PW13 said when Somon Sekdah took his phone and searched, Somon Sekdah did not have PW13’s permission to have done so with his phone. After this incident, Somon Sekdah would from time to time take PW13’s phone and checked. At the incident in the showroom, Somon Sekdah deleted everything in his phone and gave PW13 back his phone. Somon Sekdah deleted PW13’s messages to his family, his messages on IMO which automatically deleted PW13’s other messages in the phone. When he received his phone back to Somon Sekdah, PW13 observed that Somon Sekdah deleted all his messages, this included messages to his family Bangladesh.
     
632. When he was living at Norpow, he could not leave the place and talked to any person he wanted to. Somon Sekdah did not allow him to do that and did not allow him to go outside and complain about the food. If he did that Somn Sekdah would “Malvo” him. When PW13 lived at Town house, he brought the food for office staff. Somon Sekdah called him from the second floor and asked to go upstairs. Somon asked PW13 questions about what he was doing in Bangladesh, how he was and how much money he wanted to save. PW13 told Somon he wanted to earn 10 billion Taka. That would be enough for him. Somon Sekdah suggested to him to do business and he could earn this money. If he did business, he could earn 200,000 billions Taka. Somon Told PW13, he would have to bring more from Bangladesh and do business. Somon called Palas to give PW14 VT2, 000 and PW13 left and came back to Town house. Somon Sekdah told him to bring 5 Lak Taka. When this happened PW13 was in a closed room not locked. PW13 was told that first his family will send the money and they will send his dead body to Bangladesh. After Norpow they took him to Tassiriki house after the showroom incident. He was at Tassiriki house for 15 days. From Tassiriki, he was taken to Town house. Pw13 identified the Town house using Exhibit P4 page 19.
     
633. At the time some of them or some people escaped, he was at Town house. A meeting took place at the time and they were asked to make statements for video recording. The following people came at Town house, Musharaf, Naarun, Kamrul (office), Kausar, Rofic and Shohel and told PW13 and others at Town house that those people who escaped from the company, tried to destroy their company. They wrote something on the paper in Bangla but when they read it, it sounded like in English. And Harun recorded and holding the paper when PW13 read the paper and the same time he shot the video. During that time, none of them had mobile phone as their phones were taken away from them. There was no explanation as to why their phones were removed from them.
     
634. At the Town house, there were security guards all the time at the gate, Jamal, Rofic, Musharaf, Moinure and Kausar. That gate was manded 24 hours, Exhibit P4 (page 13) photograph A, showed the gate and the security guards. On 19 November 2018, while PW13 was still at Town house, in the night, at about 11:00pm o’clock, Haaroun woke up everybody. The dressed and came outside. Everyone came and Haaroun called everyone by name and gave them their passports.
     
635. PW13 and some other did not receive their passports. They were taken to Pango house after 11:00pm and Moinure gave them their passports. Moinure then told them that the police will come in that night and checked their passports. They had to sleep normally so that the police did not realize or notice something unusual. PW13 received his passport. Since arriving in Vanuatu since 18 July 2018, PW13 had ever seen his passport. His passport was taken away from him since his arrival to Vanuatu.
     
636. PW13 made further statement. He said he came overseas to earn some money and send over to his family. He had sold his business property. He loaned money in the bank. He borrowed money from families. Then he came overseas to earn money for his old families and young brother. He had a small daughter. He could not send her to school. All this happened trough Somon Sekdah, Nabilah and their partners. His old parents are forced to work to refund the loan. The creditors threatened his family because of this situation. His family was sick. Somon Sekdah, Nabilah and their partners are destroying his life and his future. His daughter could not go to school because of Nabilah, Somon Sekdah, Palas and Anowar. He did not know how he would go back to Bangladesh. He asked that they will be given highest punishment and that they will be put to kail until they die sot aht they could no longer destroy other people’s life. They did not destroy Vanuatu. Vanuatu is a beautiful country. He wanted his life to be protected and the refund of his money.
     
637. PW13 was not cross-examined by Mr Livo. He was only cross-examined by Ms Nabilah. PW13 was asked about his communication with Shohag and Biplob. He confirmed they told him they were both in Australia. First PW13 communicated to Biplob and Shohag through Moinir’s phone, then after, that he was given his Bangladeshi IMO number. He was asked about that he provided to the police to +678 5309284. He agreed it was a Vanuatu number. He was asked wehther he had signed a written agreement with Shohag or Biplob before he travelled he answered no. he was asked he said he brought food for office staff 2 days a week and he brought 5 or 6 packets of food by himself there.
     
638. He was taken to Norpow and he confirmed he sent pictures to his family to Bangladesh. He confirmed he was using his phone to call Shohag to tell him he wanted to go back to Bangladesh. PW!3 was challenged on his evidence that Somon Sekdah said he will beat him, hang him and cut his body and send to his family in Bangladesh, PW13 said he could not recall of the date but it had happened after 2 months that he had stayed at Norpow house. He was asked he confirmed the incident in the office when Somon Sekdah gave him VT2, 000 and other incidents also involving Somon Sekdah. It was put to him that the story he said Somon threatened him in the office was not true as the office was shared by a Ni-Vanuatu woman. PW13 said yes.
     
639. PW13 was re-examined. He was asked to explain hs answer that the story he said was not true as the office was shared by a Ni-Vanuatu ladyl PW13 said yes. The story was not true. It was suggested that the story of threats by Somon was not true. He was then asked that the question was not did the threats happened or not. PW13 answered it happened, yes. He was also asked to clarify his answer when he was asked he agreed he was using his phone all the time. He said yes. The question was whether he was freed to use the phone in the way and time he wanted. He answered no. PW13 said he could not talke through the phone everytime because when he communicated, he had to stand in front of Sojib.
     
640. PW13 (Robil Miah) gave account of what happened to him before he come to Vanuatu; the money he paid and to him and the processes of his travelling; his travelling from Bangladesh to Port Vila, Vanuatu; where and how he lived Vanuatu and what happened to him. He is a trustworthy and honest witness.
     
641. Haque Jahirul was the fourteenth prosecution witness (PW14). He gave evidence that he was 35 – 36 years old. He was married and had two daughters of 12 and 19 years old respectively. He came from Kutubpur village, Tangal District. He lived with his mother, wife, younger brother and children. His mother was 50 – 52 years old and his younger brother, 28 years old. Before he left Bangladesh, he had a shop and operated that shop for 18 – 19 months. Since he left Bangladesh, the shop was closed.
     
642. He knew about the work that was available overseas through Tutul’s brother in law who told that there was opportunity to go Australia. Tutul was in Vanuatu. Tutul’s brother in law’s name is Sowkot Member. Hatem was another who was also interested to go to Australia. Hatem was also Tutul’s brother in law. Hatem gave PW14’s number of telephone and Tutul called PW14 and talked to him. Tutul told PW14 that he lived in Vanuatu part of Australia. His uncle has a company and his uncle will give him a visa. Tutul did not mention of a name but he mentioned Mama and Mr Price Company. Tutul said Mama is a good guy and his company is a big company. It is a worldwide company. He told PW14 that he could come over as a worker or do business as businessman. About the business, Tutul told him about big market. He could sell products there. Tutul also told PW14 about what he could earn. If he worked there, he will get a salary of 50,000 BD Taka and the place is good for doing business. The company will provide for food and accommodation. He will work 8 hours a day. Tutul did not mention Australia but that the place is part of Australia. If he lived 2 – 3 years there, he could go to Australia. He gave an example of Golgotha as part of India. He had to pay 12 Lak Taka. Before he travelled, he had to pay 8 Lak Taka. 4 Lak Taka he will pay once he arrived there. PW14 described a family step he followed through to Tutul’s father ended up to pay the first instalment of 1 Lak Taka to Shohag’s father. On the first week of June 2018, Tutul asked him to pay money so he paid 3 Lak Taka to Shohag’s father in a shop. Tutul told him to go to Dakha to process his Indian visa.
     
643. Tutul gave him Kamrul Sekdah’s phone number and told him to communicate with him. He went to Dakha and Kamrul Sekdah gave him the electricity bills, the bank statement, the paper of the showroom he would work in. He did not look at the electricity bill and did not look at the bank statement. He referred to the document of the showroom and PW14 said but he never worked there. He did not read any of these documents. He just took the document and went to Indian Embassy and submitted all the documents there. He did not prepare any of these documents. He did not prepare any of these documents. He gave Kamrul Sekdah the acknowledging receipt that Indian Embassy gave him (PW14).
     
644. In June 2018, Tutul communicated with PW14 and asked PW14 to pay more money. Tutul asked him to pay another 4 Lak Taka. He paid that 4 Lak Taka to Tutul’s father. Tutul communicated with PW14 and told him to make further payment before the flight. Tutul asked him for a further 4 Lak Taka. There was no acknowledgement receipt provided. PW14 was informed that Tutul had received the 4 Lak Taka he had paid to his father.
     
645. On the night of 9 July 2018, Tutul communicated with PW14 and told him they had to go Hajj Camp the 10 of the date (10 July 2018). On 10 July 2018, at Hajj camp, he met Hatem and Akka’s and he stayed a night at Hajj camp. On the next day, he went to railway station about 5:00am in the morning. He could not remember the name of the railway station. At that railway station, he met Kamrul Sekdah and Taibur. They gave him his passport, railway ticket and some clothes (pieces and packet). They were garments of different colours. He was told not to check. He saw the top of the garments were t-shits. He was shown Exhibit P4 page 6 photograph 6 and he identified these as probably like ones he was given. They also gave him US$400, 00. His next destination was Golgotha.
     
646. He was going to Golgotha by train. He was givne his train ticket. In the train after he entered the train, he met with 13 others and Taibur. He was asked not to lose the garments when he arrived in Vanuatu, he will just give them to whoever would ask for them. He stayed in Golgotha for a night. At Golgotha, they waited for 2 hours, then, Taibur took them to the hotel. Kamrul did not travel with them to Golgotha. Taibur provided light food. New Delhi was his next destination. They travelled to New Delhi by train. Taibur arranged for the train. They arrived at New Delhi about 10:00 – 11:00 o’clock. Taibur arranged for a hotel and took them in Sona Hotel. Taibur paid for their stay in the hotel. PW14 said they stayed at the hotel for 3 days. Taibur arranged for the meals at the hotel but there were not enough. He did not ask for more food but others did and Taibur told them the food provided was enough.
     
647. At Sona Hotel, Taibur took back from PW14 US$400, 00 and gave him US$3,400,000 and told him to carry this US$3, 400, 00 to Vanuatu with a Prime Bank’s letter head. His next destination was Singapore. He stayed a whole day in Singapore (morning to evening) at the airport. There was no food provided to him and others. Their next destination was Fiji. They arrived in Fiji on 16 July 2018 and stayed a night in a hotel. Taibur arranged and paid for the hotel accommodation in Fiji. Taibur also provided for the food in Fiji. They left Fiji the next day in the morning and arrived in Vanuatu on the same date (18 July 2018) in the morning. From Golgotha to Vanuatu Taibur was their escorter. They just followed what Taibur said because he brought them here. At the airport he saw Somon Sekdah, Nabilah, Shohag and others. They drove them to Tassiriki house. They put their bags and Shohag called all of them and asked that they gave him the US Dollars, the passport and the tickets. He told Jacky to write the amount of the money they gave. They all gave the clothes and money to Shohag. PW14 said he had put all the clothes together and put them in Somon Sekdah’s care and he saw Shohag gave all the money to Somon Sekdah, the owner of the company. The same day in the evening, they took them to Norpow. The 13 of them went to Norpow except Shohag’s brother in law (Moinure).
     
648. That same night, 10 people came to Norpow and talked about business opportunity, Palas, Shohag, Kamrul (office), Shohel and others. They told them, they came here to do business. The next day on 19 July 2018, some people came back to Norpow and again talked to them about business. They gave them time (1 hour and 4 minutes) to talk to each others. PW14 emphasized that 12 – 13 people came, talked to them and tempted them to do business. They did ont tell them how much they could earn if they did business. They told them it was good to do business and other company staff will come and talk to you about the business. Shohag said they could earn 1, 5 or 2 Lak Taka and if they could not earn that he will refund their money from his pocket. After 1 hour and 40 minutes discussions, they came back to let them know of their decision. 3 or 4 of them decided to do business but PW14 said he decided to do work. They were not happy about the decision of PW14 as they kenw that he did business in Bangladesh before he came over here. They gave PW14 more time to decide about this.
     
649. Josip talked to PW14 that day or night. They told him to pay the money on the 19 July 2018 before 4:00pm. PW14 said he did not pay the money. Sojip said those who did not pay, will be put out of the house. About 10:00pm o’clock, Somon Sekdah called Josip, Josip told Somon Sekdah that Rubil and PW14 to get out of the house because they did not pay the outstanding money yet. When they said that, PW14 started crying. He had called his family and asked them why they did not pay the money yet. They were putting him outside the house as he did not yet paid the money. PW14 said he could not think he could still be in Vanuatu. They were going to kill him. They kept him outside for 2 – 3 hours. Then he called Tutul and asked Tutul to tell PW14’s family to pay the money so that PW14 could be let inside the house again. Tutul said he will find out what he could do for him.
     
650. The next day, Somon Sekdah came with Taibur, Shohag, Palas, Kamrul (office), Shohel, Jokip and others. They called everyone. Somon sat on a chair, put a leg on another chair and one was holding his cigarette (sometimes Palas, Shohel or Kamrul). Somon was holding his red bull drink. Someone gave him, and he drunk. The people who held Somon’s cigarette and his red bull, one was standing on one side and the other on the other side. Others were standing on a line. Those who came with Somon Sekdah were standing on his right, left side and back side. PW14 and others were sitting on the floor facing Somon Sekdah. Somon Sekdah and his group were facing PW14. 13 people were sitting with PW14. About 8 – 10 people were standing around Somon Sekdah. One person who came with Somon Sekdah told PW14 to go outside with him. PW14 followed him outside. Three others came (Sakip and Shohag and another one). PW14 thought it was Harun but he said it was not Haaroun but another one. It was 10:00pm in the night. They took PW14 at the edge of a deep cliff where rocks were at the bottom. The height where he was standing was much higher that the ceiling in the courtroom and if he fell down, he could die.
     
651. When they took him at the edge of the cliff, Shohag told PW14 that he did not listen to them and if they pushed him down there, they will let PW14’s family know that PW14 was missing and they did not know here he was.
     
652. PW14 was about 3 – 4 meters to the edge of the cliff. When they said they were going to push him over the cliff, he was sure that hey were going to kill him. He could not explain the feeling. He was scared when they started kicking and slapping him, he thought they were going to kill him. They stopped and told him to go and attend the meeting. He went back inside the meeting room as directed.
     
653. He said when Somon was still speaking, he sat on the floor. Somon Sekdah told him, he knew that PW14 was going to do business here. Somon also said he knew PW14 did business in Bangladesh. PW14 said Somon Sekdah put pressure on him to do business. Somon Sekdah told PW14 that they assaulted him because he refused to do business here. PW14 gave account on how Somon Sekdah said he could make everyone rich by doing business. When PW14 entered the meeting room, there was a briefing to everyone about the country. Somon Sekdah said in this country, people are black and idiotic. Somon Sekdah used a fruit to compare with the status of mind of the people in that black people did not understand things. If they bought 1 Taka, they could sell 100 Taka. PW14 said Somon Sekdah gave this example. They could put jack fruit on their head and ate the meat of the fruit and gave them the seeds.
     
654. On the second week of August, PW14 was called to go to Mr Price showroom opposite Traverso Boucherie near Wilco. Josip informed PW14 that the truck will pick him up and take him for a job interview in the showroom. PW14 went to the showroom. 13 other people from Tassiriki and Pango houses were there at the showroom. There were 20 to 30 people when he entered the showroom on the ground floor. PW14 was standing in any empty space inside the showroom. Palas told everyone that Uncle was coming so they waited for him, referring to Somon Sekdah, the owner of Mr Price Company. Palas ordered somebody to give them polo t-shirt to wear for the interview. Somon Sekdah arrived and went into his office.
     
655. Harun told everyone that Uncle was here and Harun asked everyone with their polo t-shirt to stand on the line. Harun called Arif, PW14 and another one (PW14 could not recall his name). They stood up in line in front of Somon’s office on the second floor. This was the second time PW14 said he went to Somon Sekdah’s office.
     
656. Somon asked PW14 some questions in English. PW14 said he did not understand English. Somon raised his voice and said so how could he do business if he did not understand English. How could he sell the clothes to a child like his daughter Tasfea? PW14 said he was quiet and did not say anything.
     
657. Several weeks later, Haaroun contacted him to attend a training at the showroom. The training was about learning English language. Haaroun, Shohel, Kamrul (office) conducted the training. They conducted the training for 2 – 3 days and they set examinations by asking questions to the trainees. Haaroun told PW14 and other trainees that when he would aske questions to them, they would answer and if they made mistakes, Haaroun would deduct a day salary and if they talked he will deduct 2 days salary. Haaroun asked PW14 to sign a document and when Haaroun asked questions to PW15, PW14 made a mistake. Haaroun told him to sing so that after the exams, if he failed Haaroun would deduct his salary. PW14 said he made so many mistakes; Haaroun deducted only 2 days salary for PW14. PW14 said at that point in time he had not starting work. But Somon Sekdah told him that when PW14 will start working, they will start deducting his salary.
     
658. In October, he was asked to go to Moinure’s room and at that time, he was staying in Town house. Moinir’s room was at Town house. Kausar told him to go in that room. PW14 entered Moinir’s room and Moinir, Kamrul (office) and two others were inside the room. They locked the room. Kamrul (office) had a wood stick. It was big branch of a tree of 3 quarters of a meter. Kamrul (office) told PW14 that 4 or 5 people escaped, PW14 knew about this why he did not tell them. Kamrul (office) started assaulting PW14 with the stick. He lifted up the stick and told PW14 to tell the truth, to tell the truth and assaulted PW14 with the stick. They kept him inside that room for 2 – 3 hours. Then Palas and Haaroun came in the room and told Kamrul (office) and others to stop assaulting PW14 if PW14 told them the truth. They stopped assaulting him. Kamrul (office) assaulted PW14 on his thigh and leg, once or twice. Kamrul showed PW14 fear in his mind. PW14 had his phone with him at the time. They took his phone and checked and took away from him. They did not aske permission for that. Kamrul (office) searched PW14’s phone. They were looking for information about people who escaped and if PW14 had communicated with them. That was the reason Haaroun took him outside the room.
     
659. After he was assauled, at midnight, Somon Sekdah came to the Town house and PW14 was called to the showroom by Haaroun. Haaroun told him that Uncle was there and that PW14 had to go to the showroom. Somon Sekdah was in his car in the car park. Other people were inside the care and outside the car park. PW14 was also inside the car. Somon Sekdah spoke to PW14. Somn told PW14 that he will be on remand. PW14 explained the meaning of the word remain to be torturing and assaulting. The reason for taking him on remand at that late night was related to these escaped people. Somon told PW14 whether he knew the boiled egg. Somon told PW14 was going to push the boiled egg into his ass. PW14 said when he was hearing these words, he did not say anything. He was crying.
     
660. When PW14 went in the showroom, Somon Sekdah took him in his office with others. All of them inside the office, Palas, Haaroun, Kamrul (office), Amir, Jahitul (Joel), Netah and some others (he could not recall their names). Somon Sekdah told PW14 whether he wanted to be the company’s friend or enemy. PW14 responded, he wanted to be the company’s friend. Somon asked all of them inside the office. Somon Sekdah told them to go outside the office. They all went outside the office. They all went outside except Somon Sekdah, Jahitul and PW14. The door was locked. Somon Sekdah said he will order Jahitul to kill him (PW14). In that room, PW14 was sitting on a chair.
     
661. Somon Sekdah, first, was sitting on a chair on the other side of the table and PW14 sat on the other side. Somon Sekdah asked PW14 to tell him the truth as to how these people escaped. Somon Sekdah asked so many questions after a while, he moved from the chair and came and sat on the top of the table and directly facing PW14. As he was facing PW14, Somon Sekdah took one bottle, showed PW14 the bottle and told him if PW14 was not listening to him (Somon), he will use it to kill him (PW14). The bottle was a glass bottle. PW14 made a physical demonstration as to how Somon Sekdah holding on the bottle and hitting hardly the top of the table with the other end of the bottle. At that point in time, PW14 was looking down and was crying. PW14 did not know what Somon was doing with his bottle. Somon did hit hard the table. PW14 said he heard the sound of (noise of the broken bottle) and he saw the pieces of the broken bottle. As he had his head down, he lifted his head and saw that Somon Sekdah was holding the broken bottle. After Somon held the broken bottle, while he was sitting on the table, Somon came and sat on the right side of the table. The bottom part of the bottle was broken. The bottom part of the broken bottle was on the floor. The bottom part of the bottle was no longer there and Somon was holding that broken bottle while sitting on the left side of the table.
     
662. Somon Sekdah told PW14 that PW14 knew everything so why he did not tell him how the others escaped. When Somon said these words, he was just holding the broken bottle close to PW14’s face. Somon told PW14 to tell him the truth otherwise, he will kill him. At that point, Somon was still holding on the neck of the bottle closed to PW14’s face with an estimated distance of 30 centimeters. PW14 thought Somon Sekdah was going to kill him. He had the same feeling he was tortured at Norpow house when he did not pay the money for business. When Somon pointed the broken bottle to his face, he told PW14 that if he did listen to what he told him, nothing will happen to him.
     
663. PW14 told Somon Sekdah that last night; Mofajol told him that they made plan to escape whether or not I wanted to escape with them. PW14 told Somon that he told Mofajol that he did not want to escape with them. PW14 said he said sorry to Somon Sekdah and told Somon that if anything happened next time, he will let him know. PW14 said the reason for him to escape with Mofajol and others was that he was not sure where they were escaping to. PW14 said he did agree that they escaped to the police station. In the first place, they were not allowed to go outside of the house without permission and if they were not successful in their escape and came back to Mr Price, they were going to be tortured. When he came out from Somon’s room he saw people calling Sojel or Amir. He did not know what happened. Somon Sekdah came out when PW14 was still there and Somon seaid some more people escaped. He said he had given 25 Lak Taka to a lawyer.
     
664. Somon Sekdah came to hold a meeting at Town house. They removed all their mobile phones. The reason was that some more people were escaping and the escaped people could no longer return back to Bangladesh. At the meeting, Somon Sekdah tried to tempt them and told them not to escape. Somon had used Haaroun to make a video. Haaroun showed them a paper and what was written on the paper was what they were going to read in front of the camera. The video was taken. PW14 participated in that video. They asked everyone to participate to the video and they all agreed. PW14 said if he did not participate they will probably create problem to him or torture him.
     
665. He was referred to his earlier evidence of how Taibur was identified to accompany PW14 and others from Dakha. During the course of the trip from Dakha, Taibur took away their passports at Golgotha and made them scared. In the room, he did not allow then to go outside. They have to listen tot him (Taibur). If they did not listen to him, he was going to make big problem to him. At Norpow, Palas commented on the t-shirt. He was questioning why they did not dress up properly, he was an interviewee. Palas shouted at them as to why they were wearing this kind of clothes during an interview.
     
666. PW14 made additional statement to this effect. When he came here, he had a dream; he will earn some money that he will support his family. His father had already died and he was responsible for his family. When he came here, he borrowed money from people. If he went back home, how could he survive. He had borrowed money and loaned money. He could not admit his daughter to school. He thought he could earn some money and make his family happy. If he returns to Bangladesh, he was not sure what he was going to do at Bangladesh because he had lost everything. His mother is old. His family depended on him. He loaned money and people put pressure on his family. He came to this beautiful country to do business but Somon Sekdah destroyed his future and his family. In that situation, if he went home, he would have to commit suicide. He was asking for compensation from Somon Sekdah. He requested high punishment for Somon so that he was not going to destroy another 101 families like them. He thanked Vanuatu Government and Police to save their life.
     
667. PW14 was cross-examined by Mr Livo. He confirmed his evidence in chief. As to some detailed aspects of his evidence, he confirmed his evidence that he was told they were going to the showroom and when they arrived they found out it was for an interview. He confirmed his evidence, that Palas never gave him a t-shirt. But Palas got angry about how they were dressed.
     
668. PW14 was cross-examined by Nabilah. Mr Haque (PW14) confirmed he did not speak English. He knew a little bit. He read easy English but had difficulty with hard words. He gave his statement to the police in English. He did not give his Bangla statement. He was asked he denied Shahine was his interpreter to the police. He was asked about his age he said he was 40 years old as in his statement but not between 35 – 36 years. He confirmed he was taken at the edge of the cliff and assaulted by Shoheg and Sakin and another one he thought was Haaroun but he said it was mistaken when he mentioned the name of Haaroun. He was asked and he maintained his evidence Kamrul in Bangladesh is the elder brother of Somon Sekdah. He heard this in Bangladesh and also in Vanuatu. He confirmed his evidence that Somn and Nabilah and others were at the airport when they just arrived in Vanuatu. He confirmed he sawa Shohag giving his passport, money and garments to Somon Sekdah. He was asked Somon never came at Pango with is car as PW14 said in his evidence in chief. He maintained that Somon’s car was inside the yard at the Tassiriki house under the veranda. Somon was the in his car, he saw him. He maintained his evidence that Shohag gave a bag of money to Somon Sekdah.
     
669. He was taken to the showroom. He maintained it was midnight when Haaroun called him and said Uncle was there. He confirmed the names of the people he saw in the showroom. They took him in the hilus truck. As to what Somon’s table was made of, he said it was the first time he went into Somon’s office and Somon’s table was made up of probably wood. He could not recall of the date but it was the date Musharaf and Mofajol escaped. He confirmed how Somon Sekdah was holding on the bottle neck. He was asked and he said he did not provide the broken bottle. It was suggested that the story of the broken bottle in the office of Somon Sekdah was not possible as, Somon is right handed, and that time Somon right hand was plastered as it was broken. PW14 replied he did not know of Somon’s brokern hand. He did not see any bandage on Somon Sekdah’s hand.
     
670. Mr Haque (PW14) was re-examined. He clarified the details of his evidence that Palas was shouting on him and others because they were not wearing the right suitable clothes. They should have wore the good clothes as they were going to meet with the boss, the Uncle. On the question of rock at the bottom of the cliff, he agreed that the prosecution was only the one asking him that question. The police did not ask him that question. On the day of PW14’s arrival in Vanuatu, PW14 maintained his evidence that he saw Somon’s car at the veranda at Tassiriki. This was the first veranda at Exhibit P4 photograph B at the back to Tassiriki hose. PW14 pointed to where Somon Sekdah’s car was at that time.
     
671. At the date of PW14’s arrival in Vanuatu, he saw Somon at the airport. The second time he saw Somon that day was inside his car in the veranda at the back of Tassiriki house. PW14 confirmed he gave his passport, cloth and US dollars. PW14 maintained that he put the cloth inside Somon’s car. Somon Sekdah was sitting inside the car. PW14 identified Somon Sekdah in court. As to the broken bottle he clarified that before he was out into Somon Sekdah’s room he did not ask Somon Sekdah to keep that broken bottle as evidence against him (Somon Sekdah). If he had asked Somon SEkdah to keep the broken bottle as evidence his (Somon Sekdah) own threats against PW14. PW14 said Somon Sekdah could kill him.
     
672. PW14 (Haque Jahirul) is a credible and trustworthy witness.
     
673. MD Moshahed Miah was the prosecution’s fifteenth witness (PW15). Moshahed gave evidence to the following effect. He was 31 years old. He was married and had a son of 7 years. His parents were old (father of 90 years and mother of 80 years). He lived with them before he left Bangladesh. He is from Basarchala village, Tangail District. Before he came to Vanuatu, he had a layer poultry farm. Layer brought chickens for eggs not meat. He had 8,000 birds. He started his business in 2011. He sold that chicken poultry to pay for his travel arrangements. He had employed a person but hat peson returned to his place before he sold the poultry farm. He knw why he was in court and he was in court to give evidence.
     
674. On the employment opportunity overseas, Nasrul Islam came to his house and gave him the information while PW15 was with his family. The opportunity for work overseas was in Australia. It was possible to go there to Australia. To go to Australia, he had to pay 12 Lak Taka, gave his passport, 2 ID photographs. PW15 inquired of the kind of work, Nazrul told him of showroom and it will be good if he had a driving licence.
     
675. Nazrul told PW15 to pay 2 Lak Taka in the same amount in US Dollars after he arrived in Australia, he should pay the balance. Nazrul told him that the company will be sending him. So the company will provide him with all the papers. As to the payment of 12 Lak Taka, he made 3 payments before he left Bangladesh. He made the first payment on 15 September 2017 in the amount of 3 Lak Taka. He paid that money to Nazrul Islan and on the same date, he gave him his passport. PW15 said he made the second payment on 5 October 2017 in the amount of 3 Lak Taka to Nazrul Islam. For the third payment, he paid US$2,500 and he gave that US Dollars amount to Kamrul Sekdah, the elder brother of Somon Sekdah, at Dakha. There was no acknoweldgement of the three payments made by PW15. But after they arrived in Vanuatu, Somon arrived in Vanuatu, Somon Sekdah told him of the money he had paid and Somon Sekdah confirmed to him he had received that money.
     
676. PW15 did not record the first payment he made to Nazrul. He made two payments to Nazrul. PW15 said he recorded the second payment he paid to Nazrul Islam. When he paid the money to Nazrul Islam, he took a picture of that. PW15 was shown a copy of the photograph he took, Exhibit P4 page 2, photograph A. He confirmed the picture was the the picture he took of the second payment of the money. The two people on that photograph were Fozller Rahman (his wife’s uncle) on the left side. Farid was on the right side. He made five payments in total, three payments he made in Bangaldesh before he left and he made two other payments in Vanuatu after he arrived.
     
677. On 16 October 2017, Nazrul called and told PW15 to go to Dakha on the next day 17 October 2017 for his Indian visa. Nazrul informed him that Nacir Abassi will take him to Dakha. Nazrul gave PW15 Abassi’s contact details. On 17 October 2017, he went to Dakha with Nacir Abassi. He travelled with two other people to Dakha, namely Abdul Jobbar and Nacir Urdihn. Jobbar and Urdihn told PW15 in the bus that they wanted to go to Australia and they were going to Dakha to get Indian visas.
     
678. At Dakha Shamoli, they met with Kamrul Sekdah, the elder brother of Somon Sekdah. Kamrul gave him and others, their passports and travel documents and Kamrul sent them to Indian Embassy. Inside Indian Embassy, Kamrul told them to be on line for the visa and PW15 submitted his application to the Embassy. Kamrul Sekdah also gave PW15 and other other documents too. A bank statement in the name of PW15, electricity bills and some kind of work reference. His name was on the bank statement but it was not his. PW15’s name was on the electricity bills but they were not his. The work reference was like PW15 was working in showroom as a mananger. But PW15 said he had never worked in a showroom as a manager before.
     
679. PW15 gave his evidence in English. After he submitted his papers to Indian Embassy, he asked Nacir Abassi who was the person who gave him the passport and his other documents, Nacir Abassi told him that he was Kamrul Sekdah, the brother of the owner of Mr Price Company who lived in Australia. Kamrul Sekdah is the elder brother of Somon Sekdah. Kamrul Sekdah took the acknowledgment receipt out of him after he had submitted his papers there. Kamrul explained to PW15 that he (Kamrul) will receive PW15’s passport and visas on 28 October 2017, there was no need for him to come to Dakha. Then Nacir Abassi took PW15’s IMO number and provided to PW15, Shohag and Anowar’s respective phone numbers.
     
680. Five minutes after that, Anowar called him. PW15 had identified Anowar in Court. PW15 and Anowar were talking andand PW15 asked Anowar where he was living in Bangladesh; Anowar told him he was living in Australia. At the samt time, Anowar gave his phone to Shohag and PW15 also spoke to Shohag and PW15 also spoke to Shohag. Shohag told PW15, he was also living Australia. Anowar told PW5 that Nazrul was organizing his travel arrangements to Australia.
     
681. On 30^th October 2017, Anowar called PW15 and told him that his flight to Australia will be ready in one week’s time. On 2 November 2017, Nazrul called PW15 and few minutes later, Anowar also called him. Nazrul told him that his flight will be on 5 November 2017 and that he had to leave for Dakha on 4 November 2017. Nazrul and Anowar told PW15 that Nacir Abassi will arrange for his stay at Dakha. Nacir Abassi dropped them at Dakha airport, then, Taibur received them inside the airport. Nacir Abassi took them to Maria Hotel at Dakha. Abdul Jobbar and Nacir Urdihn travelled with him to Dakha. Nazrul did not travel with them.
     
682. At Hotel Maria, later that night, Kamrul Sekdah came to the hotel and took from PW15 and other US$2,500. Kamrul Sekdah told Nacir Abassi to remove some of their clothes into theiw own bag and put in their bag, some white cloth. Nacir Abassi removed some of PW15’s clothes and put in PW15’s bag some white clothes (Exhibit P4 p.6 photograph A). PW15 said the clothes they removed from his bag, were left at Hotel Maria, Dakha, Bangladesh. PW15 said he had no option but to carry the white clothes. PW15 said they told him if he wanted to go to Australia, he had to carry those clothes, they were the company’s clothes. Nacir Abassi was removing PW15’s clothes from his bag. Half clothes of PW15 were removed. Before he left the hotel, Kamrul Sekdah gave each US$500, 00 and told Nacir Abassi to take them to the airport before 5:00am in the morning. Kamrul gave them specific instructions at Hotel Maria before he told Nacir Abassi to take them to the airport. Kamrul told them, inside the immigration, they were allowed to talk too much. If they were asked questions, they would have to tell them that they were going to India. And while PW15 enquired as to why as he will be going to Australia, Kamrul told him that all the documents were prepared from and for India that wsa why he needed to say he will be goind to India for visit.
     
683. They stayed at the Hotel Maria until the next day at 5:00am o’clock. That night there were then 8 people. PW15 said, apart of the two others he came with them from Dakha, the 5 others met them at the Hotel Maria. Their next destination was Golgotha. They travelled by plane to Golgotha.
     
684. At Dakha International airport immigration, the officers asked them whether they had return tickets and so they put them on the side. PW15 said Kamrul Sekdah gave him the instructions to show the US$500, 00 they carried to immigration officers. So when the immigration officer put them on the side, they called and told Nacir Abassi of the situation. Then Shohag called PW15 and told him to show the US$500, 00 to the immigration officers and to tell them that they were going to return by Golgotha by bus. PW15 said when he showed the US$500, 00 to the immigration officer, the immigration let them go.
     
685. Before boarding the plane to Golgotha, they met with Taibur and 7 other people. PW15 said he did not know their names. They arrived at Golgotha at 8:00am o’clocl. They were 15 people in total (8 from Shokipur and 7 from Borishal). Taibur took them outside the airport. Taibur asked PW15 to give him US$500, 00 that Kamrul Sekdah gave to him to carry. PW15 said he had asked Taibur of whom he was at the airport, and Taibur introduced himself to them at Golgotha airport and said he will travel with them and will take them to Australia. But he did not introduce himself to them when they were in Dakha airport. Taibur told them he was from Mr Price Company. He was working in Bangladesh to Australia.
     
686. PW15 said he gave US$500, 00 to Taibur. Taibur took them to Shielda Railway Station. At the Shielda Railway Station, Taibur told them to be under the shade and they waited until 4:00pm o’clock in the afternoon. They then took an Express Train from Shielda Railway Station to New Delhi. Taibur arranged and paid for the tickets of that train. They waited outside on the road for about two hours and Taibur arranged for a hotel.
     
687. They walked from the railway station to Signature Hotel Palace. They stayed at that hotel for 2 days (6 of the date to 7 of the date). Taibur paid the hotel. The next date, after 7:00pm, Taibur took them from Signature Hotel Palace to another hotel. They walked to go to that other hotel. When they arrived at that hotel, Taibur showed them Nabilah from a distance and told them that Nabilah was the wife of Somon Sekdah, the owner of Mr Price Company. Taibur told them also that Nabilah will take them from there (New Delhi) to Australia.
     
688. From that hotel, Taibur took them by taxi to New Delhi International Airport. They arrived at New Delhi airport about 10:30 o’clock. Taibur took their passports and gave them to Nabilah. Later on about 12am midnight, the immigration officers told them to be on the side. First then they gave them their passports and told them to stay on line. When they stayed on the line, Taibur and Nabilah were on different line behind them. The 15 of them had formed 3 different lines. Toward the immigration desk Taibur was on the 2 lines. They were standing on the back of these lines. PW15 did not notice what they did but before they stood on the line, they gave them instructions that their documents were ready, cleard and they boarded the plane. Taibur said these words. Their next destination will be Singapore. They arrived in Singapore in the morning around 8:00am o’clock. They stayed 5 hours inside Singapore airport. Thei next destination was Fiji.
     
689. They arrived in Fiji on the 9^th of the date around 5:00am in the morning (9^th November 2017). They went outside the airport. They sat on a space outside the airport. Taibur and Nabilah told them to go outside the airport and sat outside the airport. Taibur provided 2 packets of biscuits and 2 litres of water for the 15 of them. It was not enough. PW15 asked Taibur why he provided biscuits and water and Taibur shouted at PW15 and told him that if he was hungry, he could buy his own food. They left Fiji in the afternoon of the same day and they came to Vanuatu. They arrived in Vanuatu on 9^th November 2017 at 5:00pm. At Vanuatu immigration, Taibur took all of their pass ports and gave them to Nabilah. Nabilah gave the passports to 2 immigration officers. When they came out of the airport, Taibur introduced them to Somon Sekdah, Palas, Shohag and Nure Alam. Shohag took their passports and air tickets and gave them to Somon Sekdah. PW15 said he did not carry any money. Somon Sekdah told them to put their bags in his vehicle and ordered taxis to take them to Pango House. Somon Sekdah took Nabilah, Taibur and the bags to Pango house.
     
690. The next day, Somon Sekdah together with Taibur, Moinur, Musharaf, Palas and Josip called all of them for a meeting. Somon Sekdah asked them to introduce themselves. He asked as to who arranged for each of them to come over. How much money they paid. How much money was still outstanding? PW15 said he introduced himself and told Somon Sekdah that Nazrul and Anowar arranged for his travel here. He told them he had paid 6 Lak Taka to Nazrul, paid 2,500 US Dollars to Kamrul Sekdah. Somon Sekdah told PW15 that he had received the money PW15 had paid. Somon Sekdah told PW15 that he had to pay the amount outstanding to Anowar’s people within 3 days. That money was paid to Anowar’s people. On 12^th November 2017, PW15 said the paid 3 Lak 88,000 Taga to Anowar’s brother in-law, Mr Farid. PW15 said when his family made the payment, Anowar made a video call, and Anowar and PW15 talked to PW15’s father and Farid at the same time. Farid was Anowar’s brother in law. Farid assured PW15 to keep quiet and that they had recalled the outstanding money paid by PW15.
     
691. PW15 came back to his final destination – Australia. He did ask Anowar and Shohag and they told him he was going to Australia. PW15 said he asked why they brought him to Vanuatu instead of Australia. They responded to him that Vanuatu was a part of Australia and they will send him to Brisbane in their company. PW15 understood that Mr Price Company had another show room in Brisbane and they will give him a job in show room there.
     
692. PW15 had also spoken to Nazrul about the same thing. Nazrul said he will talk to Shohag and Anowar. He had paid 12 Lak Taka for going to Australia. Nazrul called him back and told his papers were being processed for him to go to Australia. It will be for a while. There was no time suggested.
     
693. PW15 said after he arrived in Vanuatu, he had talked to the other 15 people he came in Vanuatu with. Some of these people told him, they promised to send them to Cuba and others said they promised to send them to Australian.
     
694. After he had talked to Nazrul, he had enquired with Anowar and Shohag about his passport and other documents few days later. Anowar and Shohag told him that officially his documents were processed and he needed to stay quiet. They told PW15 not to share the fact that he was going to Australia with other people.
     
695. When PW15 asked for his visas to go to Australia, Anowar and Shohag were not happy. They were angry and raised their voices. They told him to stay quiet. He must not share with others as his documents were being processed that he was going to Australia.
     
696. Anowar was telling PW15 not allowed to discuss this with anyone and that he needed to stay quiet. PW15 said he was not allowed to go outside the gate of the house. On 30 November 2017, Somon Sekdah came to Pango house. Somon Sekdah came with Taibur, Moinur, Palas and others. When they asked at Pango house, they had a meeting with the PW15 of them together with Anowar and Shohag.
     
697. Somon Sekdah tried to persuade them to do business here. It will be possible to earn more money in Vanuatu than in Australia. The black people are “Tokie” meaning stupid as they did not understand how they (Bangladeshi) could earn money from them. Somon Sekdah told PW15 that if he wanted to do business in Vanuatu, he had to pay another 5-6 Lak Taka. At that meeting, PW15 asked Somon Sekdah that he had paid money for going to Australia, what was happening? He had paid 12 Lak Taka. Somon Sekdah told him if he wanted to go to Australia he had to pay another 5-6 Lak Taka. At that point, PW15 said he could not explain how he felt because he had just paid 12 Lak Taka and they asked him to pay another 6 Lak 50,000 Taka. Somon Sekdah said if PW15 arranged the money, then, he (Somon Sekdah) will send him (PW15) to Australia. But PW15 could not arrange the money; he (Somon Sekdah) could not send him to Australia. PW15 told Somon Sekdah that his family could not pay for this amount of money.
     
698. Then Somon Sekdah gave PW15, an alternative. He gave him 3 months time to arrange for the money and Somon told PW15 to work for his company in Vanuatu. Somon Sekdah told PW15 to work for the Price Company and get paid 50,000 Lak Taka per month and the company will arrange for food and accommodation. Somon Sekdah told PW15 as to how he should communicate with his family in Bangladesh. What PW15 could do what he could not do? Somon told PW15 that if anyone called PW15 from Bangladesh he had to say that the company was good. Somon Sekdah told PW15 that he was not allowed to say something bad about the company. On that subject, Somon Sekdah gave instructions to Anowar and Shohag that they both should have observed the 15 of them on how they were talking and sharing information between themselves and their families.
     
699. PW15 understood that Anowar and Shohag will listen to their conversations. If they would say something bad about the company, then, they would inform Somon Sekdah. PW15 did not agree with what he heard. PW15 said he did not talk to Anowar or Shohag about what he heard Somon Sekdah said.
     
700. PW15 said Anowar and Shoshag told them about some rules, their movements and what Somon Sekdah said. If they did anything outside the rules, they will give him “batam”. They talked about the rules inside the house. What they could do and what they could not do. Shohag and Anowar were like – they were following Somon Sekdah and what he said.
     
701. PW15 and others had to follow them – Anowar was responsible for Pango House. They were also responsible for the field. PW15 lived in Pango house. He had identified the 2 houses, the rooms, the living rooms, the gates at Pango house using Exhibit P4 – Page 9 – Photographs A and B.
     
702. PW15 stayed in house No. 2 at Room # 30. He shared the room with 5 others. He lived at Pango for 2 and ½ months and after that they moved him to Tassiriki house. He stayed at Tassiriki house for 3 months. They then moved him again to Pango house. He could not remember how long he stayed in Pango for the second time. Then, he lived in house No. 2 at Room1.
     
703. PW15 saw written Notice of rules in Pango house at house No. 2 outside of Room 4. PW15 was taken back to earlier week he spent in Pango house. On the 1^st week of December 2017, Shohel who lived in Bangladesh with his brother in-law – Shah Alam Sahin called PW15 by phone. Sohel and Shah Sahin wanted to know PW15’s situation and where he lived in. PW15 said he told them that he lived in Vanuatu. They did not send him to Australia yet. They did not provide any document in Vanuatu – PW15 explained that he referred to the fact that Price Company did not provide him with any document for Australia while he was living in Vanuatu.
     
704. While he was talking to Sohel and Shah Sahin, he turned and saw Anowar was standing behind him holding his telephone. Anowar was trying to listen to PW15 when he was talking on the telephone. PW15 was standing at the veranda when he was talking. When he saw Anowar standing at his back, PW15 switched off his phone and went into his room. Just 20 minutes after he saw Anowar at his back, Somon Sakdah arrived at Pango house.
     
705. While PW15 was in his room, Anowar told him that Mama (Somon Sekdah) was calling him to go outside near Somon Sekdah’s vehicle. Somon Sekdah’s vehicle was in the yard between the 2 houses (house 1 and 2) near a coconut tree there – PW15 identified the place Somon Sekdah’s vehicle was (Exhibit) P4 – page 10 and marked MF1 “A1”. Anowar and Shohag took PW15 to Somon Sekdah’s vehicle at Pango.Somon Sekdah told PW15 to go inside the vehicle. This was about R – 3.00 PM in the afternoon. PW15 sat in the back seat with Anowar and Somon Sekdah was at the driving seat and Shohag at the front seat in the vehicle.
     
706. Somon Sekdah was angry and raised his voice. Somon Sekdah told PW15 that this was the last time that Somon Sekdah said this to him. If anyone called from Bangladesh, PW15 had to tell him good things about the company. Somon Sekdah asked PW15 if he had understood that. Somon Sekdah continued – that if he heard that PW15 said anything bad about the company, he will kill him (PW15) by his vehicle and let PW15’s family knew that it was an accident. PW15 said Somon Sekdah will drive his vehicle on him.
     
707. After PW15 had found out that the purpose of coming to this country they had to give their passports and other documents to Nazrul, PW15 sent a message to Nazrul that he should not send any more people in this country. Nazrul shared this message with Anowar. Anowar called him and told that he (Anowar) had told PW15 many times not to say bad things about the company, why PW15 continued doint it. Anowar told PW15 that Nazrul had told him everything. Anowar warned PW15 that if he did not listen, they will give him hard punishment.
     
708. On 8 December PW15 was taken with 7 others to the construction site opposite Tana Plaza. Somon Sekdah took them there. PW15 was taken there to clean and clear rubbishes and grass there. PW15 and 7 others were required to clean and clear the place. The place was filled up with rubbishes and grass. There were small grass and grass taller than PW15. He described rubbishes there as plastic bottles, glasses and hips of rubbishes. There was a big field in the middle with hips of rubbishes. PW15 had identified the place opposite Tana Plaza using Exhibit P4 – page 19 – photograph A. PW15 said on the day when he was taken there – the place was bushy and there were hips of rubbishes there before – PW15 was shown Exhibit P4, page 22 photograph A and he was asked whether on the day where Somon Sekdah took him there where the structures at the photograph A there. PW15 answered no as the area was full of grass and hips of rubbishes.
     
709. PW15 said he did work at the site for 3 months. 8 of them started working there from the start. He started to clean the place. He used to pull the grass with his own hands including the grass taller than him. 7 others did the same work as PW15 when he pulled the grass, he did not wear anything to protect his hands. He cleaned the place by levelling the soil using the spades. They made Holes. The place they tried to level was full of not only soil, but also, stones and rocks. Exhibit P4 photograph A (at page 19) were shown to him and he confirmed that they showed the edge of the road at Tana Plaza. And he also confirmed that where the sign post was, was at the top of the property he was working on. He confirmed through photograph 22 that it showed an impression of the length of the place PW15 and 7 others were working on from the road to the sea side. This photograph 22 as on the other side (Photograph 22 (A) PW15 agreed the area they cleaned and cleared was from the road to the seaside.
     
710. PW15 described how he and 7 others made holes. They used spades and shovels. The holes were made because they were going to put the steel pipes (post) in these holes. PW15 said he dug many holes. These holes were deep about 2 feet and 2.5 feet. There were also rocks. When they found rocks at that time he was sick and stayed at home.
     
711. After they cleaned up, levelled the soil, dig the holes, then the construction works started. PW15 said he was involved in the construction works. He mixed the cement, sand and corals using the wheelbarrow to carry the mixed cement. A part from doing the works he described, PW15 said he was also asked to do something else.
     
712. On 11 January 2018, when he cleaned up the place, Somon Sekdah came to the construction site and told him to go and catch the fish in the sea. The sea was opposite the place he worked. He went into the sea till his chest level. Somon Sekdah gave a big fishing net to PW15 and told him and Sojol to catch the fish.
     
713. Something, an insect or an animal bite his leg in the middle of his toes. It was painful and he came out of the water. He would not see what as the water was deep to the level of his chest. There was bleeding on his feet. He told Somon Sekdah. Somon did not want to take care of it. Somon Sekdah did not provide him with medicine or took him to a doctor but Somon Sekdah took him to Tassiriki house. He felt so painful and he cried. Somon Sekdah left him there.
     
714. The next day, he felt painful but they told PW15 to go to work. The pain lasted for 1 and half months. He was shown the photographs of the bites on his legs and he had identified them (PW15 saw the pictures was heavily emotional and cried. When Somon Sekdah told him to go and catch the fish PW15 said he was not willing as he had never gone out to catch fish in the sea in his life. PW15 did not see what had bitten his leg, he thought something like crab. The next day the condition of the cut infected and his leg was swollen. This time, the pain was more than the day of the cut. He had to go to work as Shohag told him to despite the condition of the cut on his leg.
     
715. That day when he was working, he used one of his legs to put pressure on the other and cleaned the rubbishes. It was very painful but he was told if he did not listen, they will use “battam” on him. “Battam” means beatings on the second day after he was bitten he went to work. PW15 spoke to Anowar about the pain he felt about the bitten leg. He had also informed Palas and Shohag. Anowar told him not to be worried as he will be recovered within 2 or 3 days and he did not need to go to a doctor. Shohag told PW15 that without Somon Sekdah’s order, he could do nothing. Palas said the thing than Shohag. Shohag took PW15 to work. The pain the second day after the bitting at work was more than the second day because he could no longer work. He had to sit down because of the pain. On the third day of the cut, his leg was more swollen than the second day. On the 4^th day, it was very painful; he could not stay at home. He cried. He requested the responsible persons – Shohag, Anowar and Palas to take him to the hospital. On the 4^th day he could no longer stand, it was painful and swollen. Water came out of the cut. Still no medical treatment was given to him by the 4^th day. Earlier PW15 said he had asked these 3 to go to hospital many times to take him to a doctor, but without Somon Sekdah’s permission it was not possible. If any died they could not do anything. PW15 feared of what might happened, cried because of pain and all the people who lived t Tassiriki home requested that he be brought to hospital.
     
716. Then Nabilah, Somon Sekdah and Moinur took him to a private hospital as a result of the request of the people residing at Tassiriki home. The 4^th day after he was bitten, he was taken to a private hospital. It took him 1 month and half to recover and while he was still recovering, they moved him back to Pango house. He was shown the photograh of the bites and its development on its injuries on his right foot. The doctor saw his foot and injuries and told him that if he had come 2 or 3 days later they would have amputed his leg. The doctor gave him daily treatment. The doctor told Somon Sekdah to take PW15 every day to change his dressing but Somon Sekdah did not. The doctor gave him a prescription and told him to take the medicine everyday. After the doctor’s visit, Somon Sekdah bought some medicine for PW15. Somon did not buy sufficient medicines to last for the period prescribed by the doctor.
     
717. At the middle of the month, he realized that they did not pay or give him a salary. After PW15 came back that night after going to the private hospital, Palas told him that the doctor’s fees and PW15’s medication will be deducted from PW15’s salaries. PW15 said when Somon Sekdah did not take him to his dressing, he had asked Palas and Shohag but they did not either. They told PW15 that without Somon Sekdah’s permission they could not do take him to the doctor for his dressing.
     
718. PW15 said after he came back from the private hospital, Palas gave him the receipt of medicines and the visit to the doctor and told him that he will deal with it later. To PW15’s understanding, they will use this receipt to deduct his salaries. He was bitten by this creature on 11 January 2018. He was incapacitated for 1 month and half. On 28 February 2018, Anowar called him and told him to go to the construction site for work. The next day he went to work but his cuts were not healed and he was not well and able to go to work. He told Anowar of that. Anowar told him if he did not work now he could pay any medication and the doctor’s visit. If he did not go to work, they were not going to pay any of his salary. So the next day on 29 February 2018, he went to work.
     
719. On the construction site that day, he mixed cement, sand, soil and corals. The Price Company did not provide him with any protected shoes. PW15 said they paid protected shoes with their own money. He worked 7.00 am to 6.00Pm in the evening. He was not allowed to rest. PW15 described the work he had started as very heavy work. He never did this work before. This was not the kind of work he was expected to do when he spoke to Nazrul back in October 2017 as he was told to work in a vehicle show room. PW15 said he worked again from 28 February until he was sick again in April 2018. On 20 April 2018, they moved him from Tassiriki House to Pango House. He still continued to work at the construction site for 3 months less than 3 days.
     
720. On 13 March 2018, while he was working at the construction site, Anowar called him and told him that Uncle (Somon Sekdah) called him. PW15 was working at the seaside. Somon Sekdah was in the car under the mango tree. PW15 went to see Somon Sekdah. Somon was with Sohel (the accountant) and Biplo PWb. PW15 went into the car. Somon Sekdah told PW15 that he was in Vanuatu for 4 months and he mentioned to him of the payment arrangement he had asked PW15 to pay of 6.5 Lak Taka what happened or what PW15 have done. Somon Sekdah had given him 3 months. PW15 told Somon Sekdah that his family worked not be able to pay the money. So PW15 told Somon Sekdah that he will work and do the same work here. When Somon Sekdah heard this, he told PW15 that he was not working properly. Somon Sekdah refuses to pay PW15 50,000 BD Taka salary months. Somon Sekdah told PW15 that he was going to give only 20,000 BD Taka salary per month. Anowar, Sohel and Biplob were there. Somon Sekdah was angry and raised his voice. Sohel, the account of Mr Price Company was there and Shohel used to pay the salary.
     
721. After that, Somon Sekdah gave instructions to Palas and Anowar to give PW15 hard work and instructed Shohel to pay PW15 20,000 BD Taka. PW15 was not happy of getting 20,000 BD Taka. PW15 talked to Anowar. He reminded Anowar that Anowar told him to send him to Australia but instead he got him here (in Vanuatu). Before he worked hard they gave him 50,000 BD Taka, PW15 said he will do the same hard work and they will give him 20,000 BD Taka salary, so as such PW15 did not want to work.
     
722. So Anowar told PW15 to arrange the money to go to Australia, they had told him. Anowar mentioned to PW15 that 3 other people – Nacir, Shohel and Shofikul have paid the money to Somon Sekdah to go to Australia. This Sohel was a different one (not the accountant or the one who wore the glasses). PW15 said after Anowar told him that 3 others paid the money to go to Australia, he was convinced of what Anowar said. PW15 had arranged for his sister, Shahamaz, in Bangladesh to pay that money of 5 Lak Taka. PW15’s sister talked to Anowar and Anowar told her to pay that 5 Lak Taka and her brother (PW15) will go to Australia within 2 months. There was no confusion. Pw15 said this meant that PW15 was guaranteed to go to Australia within 2 months if he paid the 5 Lak Taka, they asked of him.
     
723. Anowar told PW15’s sister that if he could not sent PW15 within 2 months as he promised, he (Anowar) will refund the money – a total of 17 Lak Taka (12 Lak Taka and 5 Lak Taka), and Anowar said he will send PW15 back to Bangladesh. Anowar said he will refund the money through Farid who is his brother in-law. Anowar will arrange through Farid to refund the money to PW15’s family in cash.
     
724. So on 22 April 2018, PW15’s uncle Fazlur Rahman paid the money of 5 Lak Taka to Farid. This payment of money 5 Lak Taka was recorded through photographs taken of the payment Exhibit P4 (Page 2) showed the recording of payment of 5 Lak Taka on 22 April 2018. 2 people were on the photograph: PW15’s Uncle Fazlur Rahman on the left side and Farid on the right side.
     
725. If the money would have been paid on 22 April2018, the 2 months would be fallen on 22 June 2018. Anowar or Mr Price did not provide PW15 with a visa or a work permit before 22 June 2018.
     
726. On 30 April 2018, Somon Sekdah came to Pango house in his car and parked his car at the usual place between the 2 houses on the right side under the coconut tree. Exhibit P4 (page 10) Marked as “A”. Anowar came and told PW15 that Somon Sekdah called on him. PW15 went to see Somon Sekdah in his vehicle. Somon Sekdah told PW15 to get inside the vehicle. Somon Sekdah asked PW15, how Jahitul knew that PW15 paid the money (5 Lak Taka) for the purposes of going to Australia. Jahitul was working for Mr Price Company and he was in Vanuatu and lived at Pango house with PW15. PW15 told Somon Sekdah that he did not share anything with Jahitul. Somon Sekdah was angry and told PW15 that he was lying. Somon told PW15, if he did not tell him how Jahitul know of this. Somon Sekdah said if PW15 talked to anyone about Australia or that PW15 paid the money (5 Lak Taka) to go to Australia, Somon will stop all the processes.
     
727. Somon Sekdah also told PW15 that he was not going to refund the money PW15 had paid – Somon tod PW16 that he was laying and Somon threatened to bury PW15 alive. On 5 May 2018, they paid some salary to some people in Bangladesh and they made the list of that at Pango house. PW15 asked Anowar and Shohag about his salary. Anowar and Shohag raised their voices and told Pw15 that if Somon Sekdah did not tell them to pay PW15’s salary, they could not pay his salary. The next day on 6 May 2018, at 5.00 PM, Somon Sekdah parked his vehicle at the same spot at Pango house. Anowar called PW15 to go and see Somon Sekdah. Somon Sekdah asked PW15 to go inside the vehicle. Inside the vehicle Anowar was sitting on the PW15’s left side while Shohag was sitting on his right side. Shohag told Somon that PW15 was asking for salary. When Somon Sekdah heard this, he questioned why they did not beat PW15. Then Anowar and Shohag started slapping PW15’s head. They did this four times. They slapped his head and left and right shoulders. PW15 said he was speechless, the first time they slapped him, he was scared, he did not realise because of the pressure of the slaps. The slaps were heavy. Somon Sekdah told them to stop after a while. Somon Sekdah talked to PW15 querying whether PW15 understood that if he wanted his salary, PW15 will kill him. Then Somon Sekdah left Anowar and Shohag went back to Pango house.
     
728. PW15 asked Anowar and Shohag, what was the reason for both of them to slap him. They told him, if PW15 made this kind of mistake again, they will kill him. They also say they will kill his family in Bangladesh. They questioned PW15 that he did not have any idea about Somon Sekdah’s power. If Somon Sekdah called to Bangledesh, that one call was enough to destroy PW15’s family. They told him that if he shared this incident with anyone, they will kill him. They told PW15 so many times that was enough and they will do something (they will act). They gave PW15 the last chance. Somon Sekdah’s one phone call to Bangladesh to destroy his family – PW15 explained his understanding that this meant that if Somon Sekdah called their people back in Bangladesh, they will kill his family members in Bangledesh. PW15 could not say who are they but they said they have some people in Bangladesh.
     
729. After PW15 heard what Somon Sekdah said and after he heard what Anowar and Shohag have said, PW15 said he was scared as he has small children and his father was blind. After he thought about his family, PW15 said he accepted their torture and did not share this with anyone. At that point in time, his foot was swollen. PW15 said he was physically and mentally weak. PW15 said he worked with no slary, they provided him with bad quality food and they threatened to kill him. PW15 described the low (or bad) quality food – some rice and vegetables with smelly beef sometimes. He could not eat that food. If he had eaten that food, he would have been vomiting. The vegetables, he mentioned round cabbage and 1 round cabbage for 25 people in Pango house – boiled in water with small tamarin and chilly powder. There were rules, they could not complain about food.
     
730. On or about 8 September 2018 PW15 became aware that Shohag and Biblo have gone back to Bangledesh. Shohag went back to Bangladesh to bring more people from Bangladesh to come work in Mr Price Company – Vanuatu. In Bangladesh, they talked about people to come overseas using different countries (not Vanuatu) but they brought people to Vanuatu in Mr Price Company.
     
731. When PW15 heard this, he discretely talked to his wife and told her that he was sick and sent his wife the pictures of his swollen leg. He asked his wife to talk to Shohag to arrange his return back to Bangladesh. PW15’s wife and his uncle Fazrul Rahman cried and requested Anowar to provide some medication to him (PW15). His uncle Fazrul Rahman and PW15’s brother in law, Rafikul Islam went to Shohag’s home and talked to Shohag. They asked Shohag to make arrangement to take PW15 back to Bangledesh.
     
732. They also told Shohag to refund PW15’s money. Shohag told them that if they wanted PW15 to go back to Bangledesh, they have to pay 3 Lak Taka for air tickets. PW15 said his family do not have that money at that time. So they requested Shohag to arrange to bring PW15 back to Bangladesh. Shohag told them that he would let them know later. Shohag said he will discuss this with Somon Sekdah and let them know. PW15 knew Somon Sekdah was aware of the request of his family through Shohag.
     
733. On 9 September 2018, Somon Sekdah came to Pango House and parked his car at the same spot between the 2 houses (Exhibit P4 – page 20). PW15 was in his room. Anowar informed PW15 that Somon Sekdah called on him. PW15 went to Somon Sekdah in his vehicle. Anowar also came inside the vehicle. Somon Sekdah told PW15 to sit in the back seat with Anowar. Somon Sekdah asked PW15 if he had sent people to Shohag’s house at Bangledesh. PW15 agreed. Somon Sekdah was angry and told PW15 how he thought he could go back to Bangledesh away from him (Somon Sekdah). PW15 said Somon Sekdah always said that nobody in this world had power to take them (PW15 and others under Somon Sekdah) away from him. PW15 will go back to Bangladesh when Somon Sekdah will decide.
     
734. Somon Sekdah told PW15 that if he would send again anyone at Shohag’s house, the result will be very bad. Somon Sekdah told him (PW15) that before Somon Sekdah told PW15 that he will drive his vehicle on him but this time he will do it. PW15 understood that Somon Sekdah will drive his vehicle on him and kill him. PW15 heard what Somon Sekdah said. He looked down. He was crying. He did not look at Somon’s face. Anowar also did not see at Somon’s face. PW15 said he was scared as they assaulted him before. They will assault him again.
     
735. While PW15 was still inside Somon Sekdah’s vehicle, crying, Somon Sekdah told Anowar to take PW15’s phone away of him. Somon told Anowar not to allow PW15 to go outside the room. He told Anowar and Nacir to follow PW15. Anowar took away PW15’s phone. Anowar and Nacir kept watching PW15. PW15 could no longer communicate with his family about a month as he had no longer his phone.
     
736. PW15 was informed his wife had called Anowar and talked to Anowar. When PW15 talked to wife, his wife told her that Anowar had told her that PW15 was very well and PW15 could not talk because of the pressure of work and that PW15 had some problem with his phone.
     
737. When Anowar removed PW15’s phone away from him, the pone wsa working. His phone was returned to him when he was shifted to Town house. Anowar gave his phone back to him. PW15 said his phone was working despite the fact Anowar told his wife, PW15 had a problem. He moved to Town house on 25 September 2018. The supervisor at Town house was Moimul. Three photographs of PW15 standing in front of Mr Price’s board were shown and he confirmed this to be so at both houses at Pango.
     
738. PW15 described the food at Town house. There was no breakfast. Lunch – vegetable and small rice. Dinner – sometime rice – some time Kichuri. At town house, the quality of food was every bad. He had compared with Tassiriki home, the food served there was better because they served the food with some vegetables. At Pango, the beef served smelt and he vomited after eating it. PW15 said it was the same for Tassiriki. The quantity was insufficient. The same rules applied at Town house but there was no written notice placed. On 27 September 2018 in the evening, PW15 said he heard that 3 people from Pango house went to the police station. PW15 said he understood they went to the police station because of the tortures they went through and asked police for help.
     
739. PW15 said, he was at Town house he observed that the rules were harder. There were then security officers at town house’s gate. The security officers observed who got inside and who got outside. The change in the security was tied up and harder. There restrictions imposed before but this time the security were harder. PW15 said when they used the phone; they had to talk in front of everyone. They were not allowed to talk discretly and individually.
     
740. On 28-29 October 2018, Moinul, Shohel and Kamrul (office) came at Town house at 3.00 PM and told them they have to leave the town house and go somewhere in town or at sea front because the police were coming. They grouped themselves by 3 individuals when they were going. Somon Sekdah’s associates observed them where they were going and what they were saying. PW15 said he went outside on these 2 days (28-29 October). On each day, they were taken away from the town house from 4.00 PM and they were brought back at 8.00 PM. The reason was that the police will come to the house so they took them away at Somon Sekdah’s orders.
     
741. On 1^st November 2018, PW15 had lunch at the show room with Shofikul. PW15 said after lunch, he had escaped with Shofikul (who lived with him at town house) and Nasir (who lived at Norpow). PW15 explained he escaped with the 2 others and went to the police station. PW15 said he decided to escape because of the tortures as he had realized that Somon Sekdah would never send him to Australia, would never give him good work, or good job. He run away from the town house to the police station at 4.30 PM and the 3 of them arrived at the same time. At the police station, they made a complaint verbally the police took them to the place where the other escapes were. PW15 identitied the place and the home – Exhibit P4 – page 7 photographs A. He was in their photograph. Other photographs on page 28 A and B showed also PW15 met with other escapees. (Emotions expressed – PW15 was in tears and crying). PW15 said he felt at the time, he came out from there – he was like a new life. He did not know or realize when people coming back from death to real life and they felt. PW15 said when he went with the escapees, he feltit was a new life. He was happy. The 3 photographs shown to PW15 were marked as Exhibit 19.
     
742. PW15 made further statement to the court to this effect – He thanked the Public Prosecutor and the Court to give him time to say something. He thanked Allah to be still alive. Somon Sekdah, Nabilah, Taibur, Shohag, Anowar lied to him to bring him here in Vanuatu. He did not realize these people could lie to him. He was tortured by them from November 2017 to October 2018; he had no words to explain. His father was old and blind. His mother too was old. They were sick. He had a small daughter. He thought he would earn some money and live a good life. He came overseas to give his child education and support his old parents. He had lost everything. The last 2 years, he could not do anything for his old parents and wife. His old parents hearing he was tortured and cried, they were also crying and they had no more tears left in their eyes. He requested hard punishment for the people who had tortured him. If they were released, they will go to another country and destroy other people’s life like him. He had paid Somon Sekdah and Anowar money. He had worked for them for a year. They did not pay his salary. He wanted them to refund his money as compensation to him. Through the Court, he wanted his compensation and equal justice. If he returned to Bangladesh without any money, he had to commit suicide. He thanked Vanuatu Government, the Police Force, Vanuatu people and Vanuatu human rights and the people who helped them, the people who loved them. He thanked the Court and the Public Prosecutor.
     
743. PW15 was cross examined by Mr Livo. PW15 denied he was Anowar’s friend and that he never shared cigarettes with Anowar. He agreed he came to Pango house when police arrested Somon Sekdah. Six (6) of them who escaped came at Pango house. He denied he assaulted Anowar and Palas. He denied he assaulted them because they did not escape. PW15 said he had Anowar’s IMO number AA 01782909352 and provided that number to the police. He agreed he did not keep the records of his conversations with Anowar as he communicated with Anowar 2 years ago. PW15 said he trusted Anowar that was why he gave him all his money and came to this country. He had conversations with Anowar but he did not longer have records of those conversations.
     
744. Taibur and Nabilah did arrangements for their travels from Golgotha to New Delhi and Kamrul Sekdah prepared the India Visa’s document – Taibur and Nabilah travelled with them from New Delhi to Singapore, Fiji and Vanuatu and paid for their food and travel arrangements. Anowar called him (PW15) and gave all the instructions where he should go and to who he should go or contact. At the time Anowar was in Vanuatu but Anowar gave instructions as to who and where he should give his documents. The 4^th payment was made to Farid and Farid was Anowar’s father in law Anowar and Farid had communicated about the arrangements. He was asked he confirmed Anowar and Shohag took away his phone as ordered to by Somon Sekdah. He confirmed Anowar was listened to him talking on the phone. He was asked few days after he arrived in Vanuatu, Anowar was involved in an accident. Anowar stayed at home but he could not say how many days. On 8 September 2018, he heard that Shohag was in Bangladesh and PW15 said he was staying at Pango house. Anowar was then, supervisor of Pango house and Nacir assisted Anowar. PW15 confirmed the details of his evidence in chief unless he was challenged in cross-examination by Mr Livo and the work he did on the construction site. When he and 7 others cleaned and cleared the place by pulling out the grass some of which were taller than him, cleaned all the rubbish, dug and level the soil and mixing the cement with soil, sand and coral.
     
745. He confirmed he was beaten by a marine creature and Anowar and Shohag and Somon Sekdah did not provide any medicine to him. He was taken to the private hospital when Somon Sekdah gave permission to them at the request of all who stayed at Tassiriki house.
     
746. PW15 was cross-examined by Nabilah. He knew Nazrul for so many years since childhood. He was asked about Kamrul Sekdah and he said he was Somon’s elder brother. PW15 repeated that Somon Sekdah told him Kammul Sekdah was his brother. And all the people working in Mr Price Company knew that Kamrul Sekdah and Somon Sekdah introduced themselves infront of everyone that they were brothers.
     
747. He recalled he was taken to a private hospital by Somon Sekdah and Nabilah. The doctor gave prescriptions. He confirmed they gave him the bills and the prescriptions. He mentioned those to the police when he gave his statements. He also provided the pictures of his swollen leg. He no longer had the bills and prescriptions in his phone. He was asked about the use of phone and he said when he worked for Mr Price Company, he did not use the phone everytime. They shifted him from Tassiriki to Pango house after the strange creature bitted him.
     
748. He was asked and he confirmed that Somon Sekdah called to see and talked to him in his car on the First Week of December 2017, 30 April 2018, Anowar asked him to stay at Pango house and cleaned the house instead of going to the construction site.
     
749. He was asked whether he was approved or permitted to stay at home that day. PW15 responded they were no rules like that. That day, they gave him instructions to stay at home (Pango house) and cleaned the house. At that time, the main gate was not locked from outside, but the rules did not allow them to go outside. People kept an eye on them all the times. PW15 confirmed his evidence that since he started work for Mr Price at the construction site, he was in Pango and Tassiriki houses. He also stayed at Town house but did not work for Mr Price and they were shifted there because many people could stay there as there were 65 people living there at town house.
     
750. PW15 confirmed he escaped with Shafikul and Nacir to police station and the details of their escape.
     
751. He was ordered to cook food from time to time and he did not have cooking experience. He confirmed there was a wifi connection at Pango House, Tassiriki house. The company provided wifi connections but they could not talk. He used wifi connections to send pictures of his swollen leg to his wife. It was put to him that he as allowed to send picture, talk to the people he wanted. PW15 responded by saying No as before he talked to his family, he had to make sure, he looked around that nobody was watching him as they all knew of the company rules of persons cannot talk.
     
752. He confirmed he was at Tassiriki house when he cut a dead cow with others. This cow seemed to be killed 2 days before and it was smelly. He was asked he escaped because he did not finish the construction work. PW15 answered yes. This work was a very hard work as they worked under the sun. The sun burnt their skins. They did not provide food to them.
     
753. PW15 was re-examined. He clarified they brought smelly cow as it was swollen by the stomach. It was brought in the night. Somon Sekdah, Moinul, Palas and 2 others brought the cow. There was no officer from the Ministry of Agriculture or Government coming with Somon Sekdah and others to bring the cow.
     
754. He accepted that he sent messages to his families but he clarified that if they found out that he had sent message to his wife, they would torture him. The wifi connections did not cover everywhere at Pango house and Tassiriki house. He could not use wifi during the 1 month period, Anowar took his phone out of him at Somon Sekdah’s orders.
     
755. PW15 said he was moved from Tassiriki to Pango for the second time on 20 April 2018. He was instructed by Anowar to clean the house and cook the food. On 20^th April 2018, PW15 said he was no longer working at the construction site. He worked at Pango house. He was also asked to walk from Tassiriki to the market side and whether he was free to do any communication he wanted. PW15 said no because when they left the house, they gave 2 or 3 people to come with them like Palas, Shohag and others.
     
756. On Nabilah’s queries of PW15’s statement that Somon Sekdah and Kamrul Sekdah are brothers, he said he saw them together in Pango house and on the construction site on a Friday.
     
757. In relation to bringing a cow at Tassiriki house, PW15 said he was aware of a police officer coming at Tassiriki house after a complaint was made. It was suggested to PW15 that Anowar was his good friend. PW15 answered to way. Before he came to Vanuatu, Anowar used to talke to him when he asked him of something and Anowar immediately informed Somon Sekdah. Anowar used to tell PW15 to clean up the toilet, his room. Anowar also physically tortured him. So he could not understand how he was a good friend of Anowar. PW15 confirmed Anowar’s phone number as it is always in his phone to be +AA01782909352.
     
758. PW15 (MD Moshahed Miah) is a genuine witness and a credible and trustworthy witness.
     
759. Jamal Hossin was the sixteenth prosecution witness (PW16). MD Jamal Hossin was married, had a son and daughter (6 years and more than 15 years old respectively). PW16 was 35 years old he lived with his wife, another and and children before he left Bangladesh. He came from Kocuwa village at Tangail District. For a living, he had a poultry farm and also a vehicle. He had 2,000 birds and employed 1 person. Before he came to Vanuatu, he had stoped that poultry farm. As to the vehicle, it was a pick up truck. People rented that vehicle and he earned an income. Before he came to Vanuatu, he had sold that vehicle.
     
760. PW16 said he understood why he was in court to give evidence of how he was brought from Bangladesh to Vanuatu. First, Shohag’s brother in law, Alal talked to him about sending people to Australia. Alal told PW16 that his brother in law (Shohag) was living in Australia. Alal gave PW16’s phone number to Shohag and he talked to Shohag after Shohag had called him.
     
761. Shohag told him that if he came over he will be paid 50,000 BD Taka per month. The salary will be increased 6 months later. The food and accommodation will be free. Shohag told PW16 to be employed in Australia in a market, shop and hotel.
     
762. Shohag told him to pay 12 Lak Taka. He had to pay 7 Lak Taka before he left Bangladesh and he will pay the 5 Lak Taka outstanding at his arrival in Australia. As he lost his business, he decided to go to Australia.
     
763. As to how he was going to pay the 7 Lak Taka, Shohag told him to pay that amount to his brother in law, Alal. He first gave 2 Lak Taka to Alal in a Taylor shop with his passport. Then Shohag messaged him about his Indian visa at Dakha. PW16 went to Dakha for his Indian visa. Shohag gave him Nacir Abassi’s phone contact and told him Abassi will help him arranging his documents. Those documents were: bank documents, electricity bills, house documents as quality supervisor.
     
764. PW16 said the bank statements were not his bank statements. Abassi gave him instructions that if they asked him he should say yes. The bank statement was not made in the bank he used. The account details were not his account details. The electricity bills were not his electricity bills. The bind document on the quality supervisor was not his as he was never employed as a quality supervisor. Nacir Abassi gave his passport and some form and that form had been filled in when it was handed to him. PW16 said he had submitted his application for Indian visas. The Indian Embassy gave him another form, could not recall what the form was.
     
765. Alal contact him several days after the first. Ala told him to to to Dakha. Earlier on Shohag told him PW16 that they did not grant his Indian visas and he had to go back to Dakha. He went back to Dakha, the seocn time. Nacir Abassi and Alal were there. 3 days after his second trip to Dakha, Shohag contacted PW16 and told PW16 that for the purpose of granting him an Indian visa, PW16 had to pay an extra amount of 10,000 Taka. Alal told him that his flight was ready and he had to pay that amount of money. On 23 December 2017, PW16 went to Shokipur paid an amount of 4 Lak 90,000 Taka to Alal. Alal told him to go to Dakha. On the same date (23 December 2017) PW16 went to Razloki at Dakha and there, he met with 20 other people who were also travelling to Australia. At RAzloki, Dakha, Nacir Abassi communicated with all of them and informed them that they were all travelling to Australia. They had to go to Abudulapur and they met with Kamrul Sekdah and Taibur 1 hour later.
     
766. Taibur introduced Kamrul Sekdah that he was the elder brother of Somon Sekdah, the boss of Mr Price Company, an internation company. Tairbur was the boss’ son. They took a bus to Benakul, India. They told PW16 and others that it was safe to travel by bus and before the confirmed their flight at Dakha airport, some people travelled at Dakha airport and there were problems. They travelled form Abdulapur bus station (Bangladesh) to Benakul Indian Border. Before they travelled, they were asked to pay 1,000 BD Taka. They arrived at Benkul on 24 December 2017. Before they arrived at the immigration, Taibur gave PW16 his passport and US$1,000. When they arrived at the immigration, something happened.
     
767. PW16 explained that in their respective passports, an amount of US$500 was endorsed in the passports but PW16 and other 20 travelling with him were carrying US$1,000 cash each. The immigration officers had noticed that so they stopped all of them. Then, Taibur gave some money to the immigration officer and the immigration officers let them go (this was at the Bangladesh immigration side). Then they went into Indian immigration border side, Taibur, Kamrul and Nacir Abassi were still with them. They all lined up. Kamrul was at the end of the line. They took them to Golgotha bus station. Taibur, Kamrul and Nacir Abassi arranged for the travel. They arrived at Golgotha and went into a restaurant. Taibur paid for the meals. Taibur told them to wait while he was looking for a hotel. Tiabur told them he found a hotel and it will take those 10 minutes to walk. They went to that hotel and spent a night.
     
768. There was a single bed in the room PW16 shared with 3 other people. In the morning, they booked a room to put their bags in it and all left the hotel to go and spend the rest of their day in a partk. Taibur, Nacir Abassi and Kamrul took them to the park. From the park, the 3 took them again to the hotle, they had some food and they left the hotel by taxi to go to Golgotha airport. Their next destination was New Delhi.
     
769. Taibur paid for the food. At Golgotha, they took away their passports, shortly after they arrived. At New Delhi, no hotel was booked. They arrived at 3 – 4:00am. They took them in a taxi to a place they were asked to stand and wait for Taibur and Kamrul looking for a hotel while Nacir Abassi was with PW16 and all others. They went to Silver Hotel. They had breakfast but not sufficient. At 8:00pm, Taibur gave them their passports, tickets, US$6,000 and 2kg of buttons. Taibur instructed each of them to carry US$6,000 and the buttons, not to lose or damage it otherwise they will pay fines. When they took the taxi earlier, they warned them not to go out. Taibur told them not to talk too much and proble will happen to them if they did not listen to them. Taibur told them to reduce their own stuff and carried the buttons. PW16 said there was no space in his bag. He removed some of his stuff behind and carried the buttons. There was no option to complain. Taibur gave him US$6,000 and instructed him to carry it to Australia. If he lost it, he will pay fines.
     
770. At New Delhi, Taibur arranged for the transport. When they arrived at New Delhi airport, they met with Nabila Bibi. Taibur introduced them to Nabilah. Nabilah is the wife of the boss. She will take them to Australia. Sojim (Palas’ brother) was there with another woman. PW16 identified Palas as the fourth accused person in court. Taibur told them to follow Nabilah and they were not allowed to talk to anyone else. Nabilah and Taibur will escort, supervise them to their next destination which was Singapore. Nacir, Kamrul, Sojim and the woman left them at the New Delhi airport. They arrived in Singapore at 7:00am the next day. Nabilah told them some of them had difficulties with their tickets and so she told them to wait while she went out to solve these problems. She went to fix the problems inside an office in the airport. She returned at 2:00pm. There was no food provided while they were at Singapore. PW16 complained to Taibur and Taibur told him to wait until they boarded the plane. Their next destination was Fiji. They arrived in Fiji at 7:00am on 28 December 2017. They left Fiji at about 3 – 4:00pm and arrived in Port Vila, Vanuatu on 28 December 2017 about 5:30pm.
     
771. When they came through Vanuatu immigration, Nabilah told them that if the immigration officers asked the purpose of their visit, they will tell them that they were here to celebrate the New Year of Mr Price company. They had to say that to go across the immigration and they needed to say that after the celebration of the New Year with Mr Price Company, they will leave.
     
772. At the airport, PW16 saw Somon Sekdah, Palas and Shohag. Shohag introduced Somon Sekdah as the owner of Mr Price Company. PW16 and others were taken by bus and Somon Sekdah’s vehicle to Tassiriki house.
     
773. At Tassiriki house, Shohag and Palas took their passports, tickets and US$6,000 from them and gave them to Somon Sekdah. PW16 said each of them carried US$6,000 and he did not count the full amount of US Dollars given to Somon Sekdah on their arrival (28 December 2017). The buttons were left at Tassiriki house. Shohag also took the buttons from PW16 and left them at Tassiriki house.
     
774. A meeting took place 2 – 3 days later at Tassiriki house. Somon Sekdah, Taibur, Palas, Shohag and 20 of them attended the meeting. At the meeting, they asked them to pay their outstanding contributions and they also talked about business. Somon Sekdah told PW16 to pay his outstanding money. In that meeting, Somon Sekdah referred to the money PW16 had already paid and the outstanding of 5 Lak 10,000 Taka PW16 had yet to pay. PW16 asked Somon Sekdah 2 days for his family to pay the outstanding. At that time, PW16 said, Somon Sekdah raised his voice and swore at him and told him to spend his own money. When he arrived in Vanuatu, he had paid 6 Lak 90,000 Taka. After Somon Sekdah swore at him, PW16 called his family to pay 2 Lak 50,000 Taka. That amount was paid to Alal at Alal’s house. It was paid on 13 January 2018.
     
775. The next day, Somon Sekdah came back to Tassiriki house for another meeting with them about business. Somon Sekdah started the meeting on the business by saying that these black people did not understand the business. They (PW16 and others) could by 1 Taka product and sell it again at 100 Taka. It was possible to cheat them. PW16 said after Somon Sekdah said that, he did not agree to do business. When PW16 said he did not agree to do business, Somon Sekdah asked him and others to rething about this again. PW16 said he told Somon Sekdah he did not want to do business. Somon Sekdah put pressure on PW16 to pay his outstanding money. PW16 said he will do work. Somon Sekdah gave PW16 work 45 – 50 days later at the Tana Plaza construction site opposite Tana Russet, Exhibit P4, page 19 photographs A. That was the front side of the construction work.
     
776. At the construction work, PW16 said he made holes, level the soil and from the sea, he took the rocks and put them on the side. He took the rocks out of the sea and put them on the seaside. He waited when the level of the sea was low, he said in the evening. There were different sizes of rock. Some big stones. Some weighed 1 tonne, 8 – 10 persons used to push these big stones. Sometimes 15 – 20 people. These big stones were pushed at the seaside or on the side of the construction and plastered them.
     
777. He broke the stones with spades and shovels; he used spades and shovels to make holes. To level the soil, he just used spades and then “curi”. PW17 draws a rectangular and dark shapped with a handle on top. He accepted the curi is a trowel. He used curi to plaster the floor. He used curi to finish plastering on the floor, Exhibit P4, photograph A showed a floor he was using the curi.
     
778. He was not given any protection equipments when he did the work on the construction site. He worked on the construction site for 11 monhts. He worked 11 – 12 hours a day. He used to work everyday of the week. He added that when he worked on the plastering of the floor, he had to wait 3 – 4 hours extras and as a result, he ended working for 15 hours. He started work at 7:00am o’clock. PW16 described the work he did as a hard work. He worked 14 – 15 hours a day and he was not given any time for rest. He worked under the sun. Sometimes he used to 14 – 15 hours in the night time because he had to dry the place. PW16 explained that he would have worked 11 – 12 hours and when the concrete was made, he would have to wait until the concret was dried and this will take him until the night. When he started construction work, he lived at Pango house.
     
779. Sometimes he started work at 7:00am and finished at 10:00pm in the night and when he and a couple of other workers finished work at that time of the night, they would contact Somon Sekdah by phone and Somon would drop them at Pango house. This was not the kind of work he expected to do when he talked to Alal as they told him to work in a hotel within 8 working hours a day. He did not do this work before in Bangladesh. He was not paid any of the overtimes, he had worked.
     
780. Before he left Bangladesh, he was talking to Shohag about his salary with Mr Price Company to be 50,000 BD Taka per month and after 6 months his salary will be increased. PW16 worked at the construction site for 11 months. It was more than 6 months. Mr Price Company or Somon Sekdah never gave him any increase of salary. For the entire 11 months work, they only paid him 5 months salary. Somon Sekdah never paid him his other 6 months work.
     
781. He was not told that he was not going to receive the full total of 50,000 BD Taka per month. However, they told him that because he worked in this country, he had to pay income taxes to the government. Every month, he had to pay 7,000 BD Taka. He was asked if he was aware that in this country, he did not have to pay income taxes. PW16 responded that Somon Sekdah told them that they have to pay income taxes.
     
782. The food provided at the construction site was of bad quality and not enough. He could not recall how long he stayed at Tassiriki house, 8 – 10 months. Based on Exhibit P4 page 9 – 10, PW16 identified the 2 houses at Pango, the rooms, the sitting or living rooms and the gates. He stayed 10 – 11 months at house 2 at Room1 for the first month and, he was then shifted in Room 3. Shohag and Anowar were the supervisors at Pango house. After Shohag left back to Bangladesh, Anowar occupied Room 4.
     
783. At Pango house, PW16 said he was not free to move around. They were not allowed to go outside the house. They were not allowed to go to others’ room. They were not allowed to talk to each others. They were not allowed to complain about the food. A notice of these rules was on the wall of Room 4. A notice was identified by PW16 and MFI (4). The first notice was handwritten and the second was typed.
     
784. PW16 described his relationship with Anowar to the effect that they both shared a room at Pango house. However, Anowar as a supervisor played his role as forman and he played his role as a worker. Anowar’s role as a forman at Pango house was that he followed up who was talking; he followed up who got outside the house; whether they talked negatively about Mr Price Company. Anowar will then inform Somon Sekdah of what happened when Somon Sekdah heard what happened, he will organize a meeting on the same say at Pango and used an example “battam”. Somon Sekdah threatened to use battam (beating or assault) on them.
     
785. As to his relationship with Somon Sekdah, he was the boss. They were not allowed to go close to him. It was also written on notice not to go close to him if it was not necessary. The attitudes of Somon Sekdah were not like a boss. He worked to ensure that they could not make relation with anyone. He did this in his meetings at with them at Tassiriki or Pango house. The food at Pango was salt and rice, round cabbage. Two (2) round cabbages for 50 – 60 people. They did not do shopping properly. They asked for food to Shohag and Palas. They used to create fear on them about Somon Sekdah. Somon Sekdah used to tell them that if they asked for food they will stop providing the food and the work. Somon Sekdah used to say that if they talked too much about the food, he will kill them and put their body into the deep freezer. Sometimes 2 or 3 months later they would bring a cow. When they brough a cow it looked like it was dead before. The stomach was swollen. One time PW16 said he found out in the stomach of the cow a small (baby) cow for 2 – 3 months. They provided small pieces. When they sewed the meat, PW16 said they did not want to eat because they saw the baby cow inside the stomach. The quality of the meat was smelly beef, 2 or 3 pieces served.
     
786. With this kind of meal, the food he ate, together with the kind of work he felt he was so weak and deezy. When he finished work and returned home, he laid 1 or 2 hours. After he had this kind of food, he and others got sick. They asked Somon Sekdah for a doctor and Somon Sekdah used to tell them they were acting or pretending to be sick. PW16 said when he was sick; they did not provide any medicine. So he used the medicines he had brought with him from Bangladesh.
     
787. PW16 gave evidence of a meeting taking place at Pango house in the night. He was living at Pango at that time and he was already sleeping and Anowar called him to attend that meeting at house No. 1. When PW16 went to the meeting place, Somon Sekdah and his group were already there. He described them as Moinul, Nadim, Rofic, Palas, Anowar, Shohel, Kamrul (office), Somon (worker) and Somon Sekdah (boss) and all other who lived at Pango sat around. PW16 identified the place in the house No. 1 where the meeting took place with Exhibit P4 page 10. When he went to the meeting Somon Sekdah and his group called on Hashraful Islam. Somon Sekdah assault a person with his shoe and his show was broken. Amir was on the floor. Somon Sekdah hit Amit on his head and the shoe was broken. In the first place, Somon was standing when he assaulted Amir, then, when Amir was on the floor, Somon Sekdah continued to assault him but Somon was no longer standing; he was then sitting on a chair as he was tired.
     
788. PW16 said when he saw Somon Sekdah assaulted Amir, he was on the floor and he was surrounded by Somon Sekdah and his group. Somon Sekdah counted 1, 2 and 3 and they started to assault PW16. They gave not time to him. PW16 was inside the circle made up of people living at Pango. PW16 saw Moinul, Nadim, Somon (office) assaulted him (PW16). PW16 fell on the floor. They kicked, punched and slapped him. He asked for water. Somon Sekdah told PW16 to stand up and Somon Sekdah told Amir, Hashraful and PW16 to fight against each other. PW16 said he could not stand as he did not have any energy to stand up. Somon Sekdah asked Rofic to give him a stick described to be of 7 centimeters. Somon Sekdah used the stick to hit PW16 several times on his back side.
     
789. PW16 felt bad. He thought he was going to die. Somon assaulted him with the stick while PW16 was lying on the floor. He asked for water. They did not give any water to him. Somon Sekdah said if he died, they will put him into the deep freezer. Somon Sekdah said he used to put people like PW16 inside the deep freezer.
     
790. After that Somon Sekdah warned everyone to look after the company. If anyone commented negatively on the company, the result will be like this. His cousin Haque helped taking him into his room. Haque put PW16’s hands on his shoulder and PW16 put his arm on his cousin’s shoulder. PW16 said he was in serious conditions. His whole body was bad, his head, kicks on any part of his body. Somon Sekdah used the stick on his backside. When he was in his room, his full body was very paindul. He felt his body was paralysed. He could not move his body; he lay on the bed putting his head on the pillow (PW16 showed he was laying on his stomach).
     
791. Somon Sekdah told those in Pango house not to give him (PW16) any medicines. If they gave him medicines Somon Sekdah said he will beat them. PW16 said his body was so painful he asked his cousin brother to give some medicines. He and others were afraid of Somon Sekdah. After Somon Sekdah left, they gave him some medicines. The next day of the assaults, Somon Sekdah told the supervisors to send PW16 and the 3 others to work and if they died, the supervisors will send their dead bodies on the work site (construction side at Tana Plaza). Amir, Hashraful and PW16 were working at the construction site.
     
792. PW16 said he went to work on the next day. Someone helped him to sit in the vehicle as he could not move his body. He remained at the work site all the day. But he could not work whole day as he could not move his body. It was painful. That next day, he had asked Anowar not to go to work. Anowar told him he had to go to work because Uncle (Somon Sekdah) ordered he had to go to work. The following day he went to work everyday but he could not work properly. PW16 said when he did not want to work, he did no work. This was because Palas was the foreman and Palas did not put pressure on him because of his physical conditions.
     
793. Toward the end of October 2018, PW16 was shifted to Town house. After the escape, a meeting was held at Town house near the Metro nightclub. At the Town house, Somon Sekdah told them that those who escaped wanted to destroy the company. So they needed to shoot some videos. They took their finger prints. Some of them could not speak English so they will follow them on a paper. Something was written on a paper in Bangla letters but sounded like English. The office boys (Kamrul and Nazrul) held the paper and they were told to read the paper in fron of the camera. Haaroun held the camera. Haaroun was shooting the video of what they were saying. Somon SEkdah ordered Haaroun to make sure that they all gave their thumb print.
     
794. PW16 said he gave his thumb print. They gave him a form. Something was written on that form. He could not read. That thing on the paper was typed. It was not in Bangla but in English. He did not understand the document that was in English that he was putting his thumb print on. Haaroun gave them the paper. The form was about these people who escaped. PW16 said they told them so many things and explained that if more people escaped to the police station, they will give those US$20,000 Dollars.
     
795. PW16 said he was happy to take part in the shooting of the video and he was not happy about putting his tumb print. When asked to explain why, he stated how he could, they tortured him and if he had his passport with him, he would have gone to the police station long time ago. He could not refuse to do these things otherwise they will give him “battam” as Somon Sekdah told Haaroun that if anyone refused to sign and put his signature (placing thumb print) Haaroun shall inform him (Somon Sekdah). PW16 signed.
     
796. On 19 November 2018, he was at Town house. It was in the evening. Somon Sekdah brought a bag full of passports. He gave the passports of the people living at Town house and psent them to Tassiriki house. Somon Sekdah gave 20 passports to Palas. Palas told them to sit in the vehicle because the police were coming to search the house. They will come back after the police searched the house. It was then 8:30pm o’clock in the night. They took them to Michael Cattle Farm. There were 20 – 21 people. Michael Farm was at the last part of Port Vila, near the top of the mountain. They went there. They told Michael that night that they were there for picnis. Then they went into the bush to the seaside and stayed there until the next day about 2:00pm o’clock. They did not provide them with food. They asked Palas for food. Palas was angry and told them to punish them on their return at the house. PW16 said he did not like staying in the bush and he told Palas of his intention to return to the house. Palas told him he will punish him after they return at the house. They took them near the seaside. The police rescued them and brought them back to Port Vila.
     
797. PW16 made the following further statement. He thanked Vanuatu Government, Police Force, and law enforcement. He respected Vanuatu laws. He thanked the Vanuatu local people. They helped them. They fed them. He could not return their help. Before he came to Vanuatu, he had a big loss in his business. The amount he had lost was 42 Lak Taka. Because of that loss, he could not support his family. When Shohag told him about Australia, so he decided to come to Australia to help his family. But when he arrived, he realized that this was not Australia, it is Vanuatu. He was here. He could not help his family. He could send his children to school. He cannot support his old mother and could not send her to hospital. Because of Somon Sekdah, he could not support his family. He requested punishment, not only for this type of business but also Somon’s attitude with Bangladeshi people. He asked for compensation.
     
798. Jamal Hossin (PW16) was cross-examined by Mr Livo. He was challenged as to whether or not Palas was at the airport to welcome him when he arrived from Bangladesh, as the name of Palas was not mentioned in his statement to the police. He said he told the police that Palas also was at the airport. The police did not write the name of Palas but he saw Palas at the airport when, he arrived and he maintained that evidence.
     
799. He was asked about the cow processed at Pango house. He said they used to bring the dead cow in the night. He never ate beef from Au Bon Marché. He acceped he would eat the beed if they purchased from Au Bon Marché. He could have eaten a beed killed by someone but he would not feel comfortable. According to Muslim belief, if a cow was killed, they proceeded with the kill by the cut to the throat of the cow 3 times which was called “alal uban” and “Aram” is the killing without the Muslim practice of “Alal uban”. He was not asked because of the Muslim belief; people went to the farm and performed the practice of “Alal uban”. PW16 stated he did not know that and how could he know that. That was the only reason that he ate the beef that was brought at night at Pango house. PW16 said he was not sure as he did not see.
     
800. He was takne to the night time when they were taken at Michael’s farm and he was hungry and asked Palas for food. Palas did not provide any food. It was suggested to him that at that time, everybody was hungry and there was no shop closed by. PW16 responded, they asked Palas money to buy food so that they could go and buy the food, Palas did not give them any money.
     
801. PW16 was cross-examined by Nabilah. He was asked about the endorsement receipt of US$1,000 Dollar he carried. But his passport was endorsed with US$500 only. It was suggested he carried US$500 extra. PW16 responded that US$1,000 he was carrying was not his money but Taibur gave that money to each of them. It was also suggested to PW16 that he could not carry money from one country to another without endorsement of that money in his passport. He was asked that his passport was not endorsed with US$6,000 he carried. PW16 answered when they were at Dakha, Taibur and Kamrul Sekdah told them they were responsible for their travel. If anything happened, they were responsible. Taibur gave them each US$6,000 to carry at New Delhi hotel. At New Delhi airport, Nabilah told them she was responsible for the money. Taibur told them to follow Nabilah, Nabilah will handle the problem. PW16 added why he had to produce that endorsement receipt. Nabilah was the one responsible.
     
802. PW16 was challenged as to no medical report provided to the police and the court about the assaults he had received. PW16 responded that they had assaulted him. The next day they ordered him to go to work. He did not have opportunity to produce a medical report. Somon Sekdah was there. Everyone was afraid of Somon Sekdah when he was there. So no one gave him medicines but when Somon Sekdah left, he was given some medicines. He accepted he did not provide the medical report of his sickness to the police.
     
803. PW16 was re-examined. He accepted the only reason he had eaten the beed at Pango was it had been processed with Alal. But he explained also that at the time, no other kind of meat was provided to him and others. He added the cow was pregnant. He saw and took out the baby cow in the stomach of the cow. So PW16 said he did not happily eat the beef. He vomited when he ate that beef.
     
804. On the endorsement receipt of US$6,000 he carried to Vanuatu, he confirmed that Taibur gave that money to him and he explained that Taibur did not give him any exchange receipt of that money. He did not know the money exchange receipt.
     
805. As to his statement to the police whether he provided a medical report to the police, he confirmed he did not. But he had explained that that night, after the assaults, it was not possible that Somon or anyone to take him to the hospital that night. If he had left Pango that night and went to the hospital, Somon Sekdah would have killed him. So Somon Sekdah and his group would not allow him to go to the hospital.
     
806. As to the wooden stick, he explained that he did not ask Somon Sekdah to give him the stick so that he (PW16) could give it to the police and the court. PW16 said if he had asked Somon Sekdah about the stick, Somon would have killed him. At that time, he was afraid. He stated also that taking his status or conditions after the assaults on his body, he would not be in a position to go and look for the stick. He accepted further that even if he got the stick and kept it in his room, with intention to show it to police, PW16 said Somon Sekdah would have killed him and put his dead body into the deep freezer.
     
807. He was asked whether he went to the hospital after the arrest of Somon Sekdah, about this incident of assault. PW16 stated his incident of assault happened on August 2018 weeks or months before the arrest of Somon Sekdah.
     
808. PW16 is also a reliable and creditworthy withess.
     
809. Mohammed Shahadat Hossein is the seventeenth prosecution witness (PW17). PW17 gave evidence to this effect. He was 36 years old and his date of birth in 1983. He was married, had a daughter of 6 years old. He had lived with his wife, daughter, mother (of 70 years old), his elder brother and his wife and their two children of 10 and 6 years respectively. His elder brother was 42 years old. PW17 came from the village of Baherchor at Borishal District. He had a government business factory of a wholesale at Dakha. He was the owner of the factory and had employed 15 workers. He manufactured cloth pants for men and distributed his products to local people in Bangladesh. It was a small factory. He had roughly 12 machines in his factory. He had sold that business before coming to Vanuatu. He dols that business and another residential piece of land because they told him he will be going to Australia. He came to this court to give evidence.
     
810. He knew of the opportunities of work outside Bangladesh thorugh his brother MD Mesud Parvas who was already in Vanuatu and working for Mr Price Company. Nure Alam, Palas, MD Mesud Parvas and PW17 lived in the same village in Bangladesh. Somon Sekdah, Palas and Nure Alam talked to MD Meshud Parvas at Somon Sekdah’s house in Vanuatu that they could send people to different countries. This was part of the discussions they had at Somon Sekdah’s house at a meeting in which Somon Sekdah referred to Europe, Australia, Cuba, New Caledonia and other countries. Somon Sekdah told MD Mesud Parvas that he was an American passport holder and that Nabilah was a French passport holder. Nure Alam, Palas and Somon Sekdah told PW17 that if he came over to Vanuatu, he will stay for 3 months and they will, then, send him to Australia. And if they cannot send him to Australia, they will refund PW17’s money.
     
811. After hearing all this, PW17 decided to go to Australia. MD Mesud Parvas was brought to Vanuatu by Somon Sekdah through Myanmar. He was told to pay 17 Lak Taka in order to go to Australia. Based on that information, PW17 called Nure Alam who was already in Vanautu and was cooking at Somon Sekdah’s residence. PW17 asked Nure as to what type of person Somon Sekdah was, whether or not Somon Sekdah would send him to Australia. Nure Alam told him that Somon Sekdah was a powerful person. He had many businesses in this country (Vanuatu) and also in other countries. PW18 decided to come to Vanuatu and then to Australia.
     
812. In January 2018, Nure Alam and Mesud Parvas (PW17’s brother) called PW17 from Vanuatu and told him that he had to contact Nasir Abassir. Nure Alam told him to take others too. One Saiful (not the driver), who was a neighbouring shop keeper of PW17, hearing the information of job opportniies in Australia, decided to go to Australia with PW17. They provided Nacir Abassi’s telephone contact to PW17. PW17 contacted Nacir Abassi. Nacir Abassi told PW17 to take his passport, 3 copies of the passport size photographs. Nacir Abassi will arrange for their Indian visa. He contacted Nacir Abassi and Abassi told him to go to Uttora and gave his documents to him there. PW17 went to Uttora to meet with Abassi. Two days later, Somon Sekdah and Palas told Mesud Parvas to call his brother PW17. They had instructed Parvas to tell PW17 to deposit the money to go to Australia into Akter Irene – Agrani Bank, Shokipur Branch, and Tangail. Akter Irene was Shohag’s sister. Pw17 could not recall of the bank account but he had photocopied of a receipt given to him by the bank after the deposit. It was a deposit slip. PW17 said he went to his house with the receipt, put it on the table and took a photograph of it using his mobile phone. PW17 showed the first document which was the deposit, the name of the account holder being Irene Akter showing PW17 as depositor in Chorkaligon J Kerenegonj Dakha. The account No# of Irene Akter was 02-000 8586 959.
     
813. PW17 had deposited an amount of 6 Lak Taka on 24 January 2018. The 6 Lak Taka paid was for PW17 and his friend Saiful (4 Lak Taka for him and 2 Lak Taka for Saiful). On the 3^rd of February 2018, his brother Mesud Parvas and Nure Alam called him and told him to go to Indian visas center at Shamoli for his Indian visas. Shamoli is in Dakha. PW17 went there to process his Indian visas. Nacir Abassi was waiting for him and Saiful. When PW17 met Nacir Abassi at the Indian visa centre, Abassi told him that he had already prepared his documents. PW17 needed only to stand on the line and to submit his documents being, his bank statements, the business licence photocopy; the receipt for feed paid and for the visa application form. That application form had been completed.
     
814. PW17 had just signed the application form. The bank statement was not his. The business licence photocopy was not his. He stood on the lince and submitted his application for Indian visas. The Indian visas provided him with a receipt. Nacir Abassi was waiting for him on the road. PW17 gave htat receipt to Nacir Abassi. On 5^th February 2018, PW17 had confirmed that Somon Sekdah and Palas told Mesud Parvas and Nure Alam to tell PW17 to make other deposit payments into the bank account Somon Sekdah and Palas provided to Mesud Parvas. Mesud Parvas had called PW17 and gave him that bank account. PW17 said he had deposited the money into the bank account of Laylye Begun, the mother of Shohag at Agrani Branch. PW17 went into the bank with Saiful and they deposited 12 Lak Taka. 7 Lak Taka deposited were for PW17 and 5 Lak Taka for Saiful. PW18 had recorded the deposit ship numbered 11 394 30 with the account number 02 000 163 8077. The name of the account holder was in the red rectangular bank stamp in the middle of the bank deposit slip, with the amount deposited in a red ink. That was the 12 Lak Taka using Bangla caracters.
     
815. After PW17 had deposited the money, both Nure Alam and Parcas called PW17 advising him that he had to wait for few days as other people will also be travelling with PW17 and Saiful. On 25 March 2018, PW17 was informed that he had to travel to Kuala Lumpur bus station at 9:00pm o’clock. PW17 travelled there and met with Taibur, Kamrul Sekdah, Josim and 15 others travelling with him and Saiful. At Kuala Lumpur bus station, PW17 had handed over 1 Lak Taka to Kamrul Sekdah. From Kuala Lumpur bus station, PW17 went to Benakul border between Bangladesh and India. Taibur led them to Benakul from 11:00pm to 6:00am the next day. At the immigration point from Bangladesh side, immigration officers stopped 15 who travelled with Taibur as some of them do not speak English. Immigration officers also asked them different questions. Taibur gave 2,500 Taka to immigration officers and they allowed them to go.
     
816. Before PW17 entered the immigration, Taibur gave him US$500. In the bus, Taibur gave him his passport and bus ticket. Fifteen (15) of them crossed immigration border. One of the people travelling with PW17 (Sabul) was stopped and returned back to Bangladesh. PW17 and 14 others went to Shielfa Railway station to Golgotha. They then travelled to New Delhi by train. They arrived there on 29 March 2018 at 2:00pm. Taibur took them to CBlock Hotel, booked 3 rooms for the 15 people and removed from them their passports. They stayed there for 11 days from 29 March 2018 to 9 April 2018. Taibur told them the time was needed for visas processing and payments of tickets. Taibur was staying in another hotel.
     
817. On 1^st April 2018, Taibur came to PW17’s room and gave him US$45,000 cash and told PW17 to take this money. PW17 said before Taibur gave him that money, Taibur called Somon Sekdah who was in Vanuatu at that time. Somon Sekdah was with Mesud Parvas at the time Taibur called and Taibur gave his phone to PW17 so he spoke to his brother Parvas. Parvas introduced Somon Sekdah to PW17 and said Somon Sekdah was his boss. Pw17 said Somon Sekdah told him to hold on the money. PW17 had that money for 2 days. After 2 days an incident of arrest of a criminal suspect occurred in CBlock Hotel. PW17 got afraid and so had asked Taibur to take back the money (US$45,000). Taibur came and took that money from him. On 9^th April 2018, at about 7:00pm, Taibur came to CBlock Hotel and told them that their flight will be scheduled at midnight and that they had to get ready. Taibur gave each US$5,000 (cash) and instructed them that if the immigration officers asked wher they were going, they would tell the immigration officers that they were going to Vanuatu. They left the hotel about 8:30 – 9:00pm. Taibur paid for their expenses in the hotel. At New Delhi, PW17 sawi Nabilah bibi was waiting for them there. That was the first time he met Nabilah. Tiabur introduced Nabilah to them. Taibur said Nabilah is the wife of Somon Sekdah, Somon Sekdah is his father and Nabilah is his mother. Taibur and Nabilah gave them their passports and boarding passes. Their next destination was Singapore.
     
818. PW17 and others arrived in Singapore on 10 April 2018. Nabilah and Taibur had arranged for their tickets. Taibur left them at Singapore and returned back to Bangladesh. Their next destination was Fiji. Nabilah arranged for their boarding passes in Singapore. They arrived in Fiji on 11 April 2018 at 9:00am o’clock. They spent 3 days in Fiji due to a tropical cyclone. They stayed at Maya Hotel. Nabilah looked after them in providing them for food and other necessities of life. Their next destination was Port Vila on 14 April 2018 at 7:00am. At the immigration, Nabilah explained to immigration officers that they were all working for Mr Price Company and Somon Sekdah was waiting for them outside. Immigration officers let them go outside without checking or scanning anything. Somon Sekdah, Palas, Parvas and Shohag were waiting for them. Parvas introduced Somon Sekdah to him as his Uncle. Somon Sekdah took PW17 and some others into his vehicle, drove them to Elluk and then to Pango house where PW17 was going to stay. He was shown a room in which he was to stay in.
     
819. At Pango house, after Shohag and Palas were introducted to them, Shohag told them to put their passports on one side of a table there and put the money they carried with them to Vanautu on the other side of the table. Shohag counted the money himself one by one. PW17 confirmed he had carried with him US$5,000. Shohag told PW18, after he had asked him, that Somon Sekdah will come and take the money and the passports. PW18 confirmed that Somon Sekdah came at Pango house and took the money and the passports.
     
820. A meeting took place at Pango house in the eveing of the same day they had arrived. PW17 and the 14 others, who just arrived, attended that meeting. Somon Sekdah and Palas came to Pango house to conduct that meeting together with Shohag. The meeting took place at 8:30 or 9:00pm. Somon Sekdah introduced himself and said he was the owner of Mr Price Company. Somon introduced Palas and Shohag. Somon Sekdah told them that they should not call him Boss but they would call him Uncle. Somon Sekdah asked each of them about the money they paid. PW17 told Somon Sekdah that he had already paid 12 Lak Taka. Somon Sekdah told him and confirmed that he had received the money paid by PW17. Somon Sekdah also confirmed he had received the money paid by others. But some had outstanding yet to pay. Somon Sekdah told thos who had outstanding to pay the money within 3 days. Somon Sekdah told them about the option to make business or to be employed as workers. Somon Sekdah placed emphasis on doing business in this country ont eh basis that Vanuaty people have less knowledge so doing business here is possible. Somon illustrated his point that if you invest 100 Taka, you can earn VT5, 000. In that meeting, Somon Sekdah told everyone present that uncle Shahadat (PW17) and Saiful came to go to Australia. Somon Sekdah said PW17 and others were his guests. PW17 and Saiful will stay in Vanuaty for 90 days after that they will travel to Australia.
     
821. So 19 April 2018 to 19 July 2018, that was the date the 90 days would fall. Shohag and Anowar were the two leaders at Pango house. They were present at the meeting at Pango.
     
822. Over the next six (6) months, PW17 arrived in Vanuatu. PW17 said he and others were not allowed to go outside the house, he must have permission from Uncle (Somon Sekdah) to go outside. PW17 said he had called Palas and told him that he had paid 12 Lak Taka not to come to this prison. He repeated he did not pay 12 Lak Taka to stay in this jail. PW17 also said he had told his brother (Mesud Parvas) and Parvas told him that he had to accept this situation as without Somon Sekdah’s permission, Parvas could not take him (PW17) out. If Parvas took PW17 out without Uncle’s permission, Uncle will stop Parvas’ work and salary. At that time, Parvas was staying at Pango house living in the same room with PW17. Parvas was in Vanuatu eight (8) months before PW17 came. Parvas left Vanuatu in July 2019. Parvas was part of the first group of people recruited from Bangladesh. They were well treated. They had good food. They had better treatment. Somon Sekdah treated them well because these people could bring their relatives and friends to Vanuatu.
     
823. The first six months of his arrival in Vanautu (after he was told to stay 90 days before he could go to Australia), he was required to make the first payment to go to Australia. Somon Sekdah and Palas told Parvas of this at the work site. Nabilah was in Australia and she had processed the first payment. PW17 said he was told to pay 5 Lak Taka. That money was to be given to the agent to arrange for his Australian visa. When he was in Bangladesh, he was required to pay 17 Lak Taka in order to go to Australia. On 24 May 2018, PW17 said he contacted his wife and she paid 2 Lak Taka from Bangladesh in Laely Begun Agrani Bank. PW17’s brother gave him the details of that bank account. These details of the account were given to Parvas by Somon Sekdah through IMO number. Parvas provided these details of account to him. PW17 had a picture of that account number. He confirmed his family paid the money from Bangladesh. His family sent him an image of the bank deposit slip. PW17 said he had captured that in his phone. Later on PW18 confirmed that he had captured that image by making a copy of that deposit slip by printing out that deposit slip.
     
824. PW17 was shown a copy of the deposit slip he referred to in his evidence. The number was 29131. It bore the name of the account holder, Mrs Laely Begum. This name was written in Bangla character. The account number was 02 000 1163 8077. PW17 confirmed also that the numbers on the document were on Bangla. PW17 confirmed that some of the Bangla numbers were the same as universal numbers and other Bangla numbers were not the same as universal numbers. PW17 accepted this illustration that number 0 in Bangla is the same as 0 in universal number. Number 2 Bangla is the same as number 2 universal. But that number 7 Bangla is not the same is written as number 9 universal. Numbers 8 and 3 Bangla are different from numbers 8 and 3 universals. Also number 6 and 1 Bangla are different from numbers 6 and 1 universal. PW17 confirmed the amount of 2 Lak Taka paid was reflected in this document.
     
825. PW17 and others arrived in Singapore on 10 April 2018. Nabilah and Taibur had arranged for their tickets. Taibur left them at Singapore and returned back to Bangladesh. Their next destination was Fiji. Nabilah arranged for the boarding passes in Singapore. They arrived in Fiji on 11 April 2018 at 9:00am o’clock. They spent 3 days in Fiji due to a tropical cyclone. They stayed at Maya hotel. Nabilah looked after them in providing them for food and other necessities of life. Their next destination was Port Vila, Vanuatu. They arrived in Port Vila on 14 April 2018 at 7:00am. At the immigration, Nabilah explained to immigration officers that they were all working for Mr Price Company and Somon Sekdah was waiting for them outside. Immigration officers let them go outside without checking or scanning anything. Somon Sekdah, Palas, Parvas and Shohag were waiting for them. Parvas introduced Somon Sekdah to him as his Uncle. Somon Sekdah took PW17 and some others into his vehicle, drove them to Elluk and then to Pango house where PW17 was going to stay. He was shown a room in which he was to stay in.
     
826. At Pango house, after Shohag and Palas were introduced to them, Shohag told them to py their passports on one side of a table there and put the money they carried with them to Vanuatu on the other side of the table. Shohag counted the money himself one by one. PW17 confirmed he had carried with him US$5,000. Shohag told PW17, after he had asked him, that Somon Sekdah will come and take the money and the passports. PW17 confirmed that Somon Sekdah came at Pango house and took the money and the passports.
     
827. A meeting took place at Pango house in the evening of the same day they had arrived. PW17 and the 14 others, who just arrived, attended that meeting. Somon Sekdah and Palas came to Pango house to conduct that meeting together with Shohag. The meeting took place at 8:30 or 9:00pm. Somon Sekdah introduced himself and say he was the owner of Mr Price Company. Somon introduced Palas and Shohag. Somon Sekdah told them that they should not call him Boss but they would call him Uncle. Somon Sekdah asked each of them about the money they paid. PW17 told Somon Sekdah that he had already paid 12 Lak Taka. Somon Sekdah told him and confirmed that he had received the money paid by PW17. Somon SEkdah also confirmed he had received the money paid by others. But some had outstanding yet to pay. Somon Sekdah told those who had outstanding to pay the money within 3 days. Somon Sekdah told them about the option to make business in this country on the basis that Vanuatu people have less knowledge so doing business here is possible. Somon illustrated his point that if you invest 100 Taka you can earn VT5, 000. In that meeting, Somon Sekdah told everyone present that Uncle Shahadat (PW17) and Saiful came to go to Australia. Somon Sekdah said PW17 and others were his guests. PW17 and Saiful will stay in Vanuatu for 90 days after that they will travel to Australia.
     
828. Payment was made on 24 May 2018. Two (2) days later, a further payment of 3 Lak Taka was made. This amount of 3 Lak Taka was paid to Josim, Palas’ brother by PW17’s family to Josim. The payment was mad ein cash. There was record of payment but once made, Josim called Somon Sekdah, Palas, PW17 and Parvas to inform them that entire he had received that money. The total money PW17 paid for his travel to Australia was 17 Lak Taka. That was the total amount of money PW17 had to pay in order to go to Australia as Somon Sekdah told PW17 before he came to Vanuatu.
     
829. Knowing that he had made the full amount concerning his going to Australia, PW17 had enquired to Palas, Parvas and Nure Alam. They told him that Nabila was in Australia and she was processing PW17’s documents to Australia. PW17 had to wait. PW17 was told in May 2018 that Nabila was in Australia and was processing his documents to Australia. PW17 said in June or July 2018, he did not receive his Australian’s documents. Between August and December 2018 when he was taken by the police, PW17 said he did not receive his Australian documents.
     
830. PW17 stayed at Pango house No.1 in Room 3. Shohag lived in Room 4 and Anowar in Room 3. When Shohag left for Bangladesh, Anowar moved to live in Room 4 of house No. 2. The detailed of the two houses were provided with the use of Exhibit P4.
     
831. PW17 came back to things he could not do in the first 6 months he arrived in Vanuatu. Referring to Pango houses, PW17 said there was no freedom in that place. He could not talk to his family. In house No. 2, there was wifi. Anowar used to switch off the wifi after 8:00pm o’clock. After 8:00pm, Anowar used to turn the chairs upside down, not allowed PW17 and others to sit on these chairs. The wifi was only available at house No. 2. There was no wifi at house No. 1. The wifi in house No. 2 was available sometime, sometime not. Anowar used to switch off the wifi around 9:00pm. They were not allowed to use the washing machine, heater and ventilator. The chairs, PW17 referred to, were the wooden chairs (5 or 6) outside at the veranda with a round table. The furniture inside the house No. 2 were turned upside down, chairs and sofa. Sometime when people used the chair to talk to their families, Anowar used to turn these chairs upside down. So people could no longer use the chairs, they had to sit on the floor. Anowar used to instruct people to record the conversations of PW17 and other Pango house users and PW17 mentioned Rukul Amine and Nacir to go to house No. 2 and recorded the conversations of people with their families. Anowar then, sent those recording of private conversations of these Pango house users to Somon Sekdah. Sometimes Somon Sekdah would come and held meeting with PW17 and other Pango house users.
     
832. Anowar sometimes told PW17 to clear the house, the toilet. At one point, PW17 told Anowar he did not come here to do this kind of work. Anowar used to tell him to do these house work in the house as he was at home otherwise, he (Anowar) had to stop providing him with food. On one occasion, Anowar stopped to provide PW17 with his meal.
     
833. PW17 gave detailed accounts of an incident occurring at Pango house at night which started with a meeting. That night about 7:30 – 8:00pm, Somon Sekdah, Palas, Somon Miah, Musharag, Kausar (fat), Kausar (tall) all came to Pango house No. 1. They all sat in the living room. Somon Sekdah told Anowar to call everyone to come to the meeting. Everyone came and sat in the living room. Anowar called PW17 to attend the meeting in the living room. He saw Somon Sekdah was sitting on a chair. People who came with Somon Sekdah were standing around Somon Sekdah from his left and right side. Somon Sekdah sat on the chair crossing his right leg on top of the other, holding a cane and cigarette while another was holding a packet of cigarettes and a glass or water. Anowar was standing on Somon Sekdah’s right side.
     
834. Few minutes after, when Amir Hussein was walking inside the living room, Somon Sekdah kicked Amir Hussein and Amir fell on the floor. Somon Sekdah punched Amir on his face, nose, and chest and everywhere on Amir’s body. Then Somon Sekdah used the shoes he was wearing and assaulted Amir’s body with the shoes on his face, nose, chest and back. When Somon Sekdah was punching Amir, Amir was lying on the floor. Amir tried to get up, Somon Sekdah punch him again. Somon Sekdah told Amir to stand he assaulted him and the shoe was broken. Somon Sekdah then asked for a stick. Rofic got a timber stick and gave it to Palas. Palas gave that timber stick to Somon Sekdah.
     
835. Somon assaulted Amir with the timber stick until the stick was broken. Somon Sekdah assaulted Amir with the stick on his chest, back and legs. Amir was crying. PW17 said Somon Sekdah had beaten the body of Amir for about 25 – 30 minutes. Amir was lying on the floor in front of PW17. After the stick was broken, two others were brought in, Jamal and Hashraful. Someone counted 1, 2 and 3 people who came with Somon Sekdah started to assault these two. Palas, Shohag, Anowar, Moinure, Nabim, Kausar (fat), Somon Miah, Musharaf, Rofic and Kausar (tall) assaulted these two. Some slapped, punched and kicked Jamal. Others did the same to Hashraful. PW17 said he got afraid. Somon Sekdah was sitting and smoking. When Jamal and Hashraful were assaulted, they were lying on the floor. Jamal asked for water. Somon Sekdah held the broken stick on Jamal’s right neck side. Then Somon Sekdah told Jamal and Hashraful to fight each other. Jamal and Hashraful punch each other and Somon Sekdah hit them to punch each other harder. Then Sohel walked into the living room. Somon Sekdah told Shohel (accountant) to assault the other Sohel (glass). Somon Sekdah was still sitting on the chair. Shohel (accountant) kicked Sohel when Sohel was sitting and slapped him. Sohel was crying sitting there. Somon Sekdah told Jamal and Hashraful that they had to go to work the next day. If they did not go to work on the next day, Somon Sekdah said he will come back and assault them again. Somon Sekdah directed Anowar to send both to work the next day and if they died, Anowar will send their dead body at the working site.
     
836. Somon Sekdah, apart from talking to these assaulted, also talked to everyone present that if anyone shared this incident with any local people or any people in Bangladesh and if he found out, he will beat that person again.
     
837. PW17 gave evidence of a notice on the wall of Room 4 of the House No. 2 and Shohag used to live in that Room 4. The document MFI (4) was a copy of the notice. The meals at Pango house were not of good quality. There was no breakfast provided in the morning. At lunch time, they used to have two small pieces of beef. The beef was smelly. PW17 said that in Bangladesh, there were beggers, so beggers did not have this kind of food.
     
838. From Pango house, he was moved to Town house. The leaders of Town house were Moinul, Musharaf and Somon (Miah). The notice of rules applied in Pango house was also applied at Town house. There were rules before and after the escape. After the escape, the rules are that they were not allowed to communicate with the people who escaped. They searched PW17 and others phones to find out if they did communicate with them or not. Kamrul (office worker), Shohel (accountant) and Haaroun used to take their phones, checked on IMO profile to see whether they had communicated with the escapees. If they communicated with them, they will then block their numbers. They entered their rooms, or for PW17, his phone was with him, so they asked PW17 to five them his phone. They checked if he had communicated with the escaped people. He was not free to refuse to hand over their phones. If he said no, they will force him to give his phone. He had just given to them.
     
839. As they took PW17’s phone, he said he had only Farid’s phone number who was one of the escapees. They blocked that number. At Town house, there were 4 security guards there. A meeting took place at Town House at that time. Somon Sekdah, Palas and 65 people who used to stay at Town house attended that meeting. At the meeting, Somon Sekdah called them and told them that from Mr Price Company, Shahine, Kamrul (office assistant) and Farid escaped. If, the police came to the house and asked anyone, they just answered that they did not know them. He referred to Haaroun forcing people to make a video clip and got signatures. PW17 described how his video was shot. He sat on the chair, Shohel held the paper and Haaroun shoot the video. He described the paper as it was written in Bangla and when it was ready, it sounded English.
     
840. On 19 November 2018, in the evening, Shohel (accountant), Haaroun, Kamrul (office assistant) came to the Town house. They advised them that the police will come to the house in the night. Uncle Somon told them that some people have to move to Pango house and others to Tassiriki house. PW17 did not really understand the reason why they were divided into groups. Later on at that same evening, Somon Sekdah came to Town house, went into each room and returned their passports to them.
     
841. But PW17 said Somon Sekdah did not return his passport to him. He had tried to find out. He called his brother (Parvas) in Bangladesh to aske Somon Sekdah of his passport. His brother called Somon Sekdah and asked Somon SEkdah about PW17’s passport. His brother informed him of what Somon Sekdah said after he had called Somon Sekdah, that PW17’s passport had expired and Somon Sekdah had sent it back to Bangladesh for it to be renewed. PW17 said he found out later, in January 2019, that his passport was amongst other passports that were found by the police at Tassiriki house. Those passports were buried under the ground. The PW17’s passport was found by the police and was shown to him.
     
842. PW17 said his passport expired on 2 November 2018. When his passport was shown to him, he went through it. PW17 was asked about the stamps on his visitors’ visas permits, he told the court they were from Vanuatu. The last stamp impressed on his visas permit was an extension. His visa permit was extended to 14 May 2019. He did not find out whether his passport that had expired on 18 November had been renewed.
     
843. PW17 confirmed his evidence that his visitor’s permits (Vanuatu) had been extended to 14 May 2019 and that was extended on a passport that was expired on 18 November 2018. He confirmed also that when he arrived in Vanuatu, his passport was taken out of him and were not given back to him. The first time, he saw his passport again, was when the police gave him. PW17 recognised the extended visas of 14 May 2019 on his passport, the copy of his passport show to him. He had shown to the court, the date of his passport expiry. He was shown the balance of documents of 13 pages. First he was focussingon pages 1, 2 and 4 (passport expiry date, and extension of visas permits and copy of passport). The balance of the 13 pages documents, deal with the set of deposit slips. PW17 confirmed the deposit slip of the money paid on behalf of his friend Saiful by Parvas. The deposit slip was provided by his brother (Parvas). The bank account and the holder of the account was the same with the onces he referred to earlier (page 3). At pages 5 – 9 of the said documents, he confirmed the deposits slips related to his brother. PW17 said the document at page 10, was sent by his brother to him about the detailed account of Laely Begum. PW17 said he asked his brother (Parva) who gave him that account details, he said his boss, and Somon Sekdah provided him (Parvas) the detailed account. On page 11, he confirmed the detailed account of Josim’s account (Palas’ brother) as when Saiful came in Vanuatu, he deposited 5 Lak Taka and these were the details of that bank account. This was reflected back to pages 2, 3 and 4 earlier referred to. PW17 confirmed further that some of the deposits showed at page 9 were provided by him (PW17). He confirmed that many of the deposits made on behalf of Saiful were made by him (PW17) as contained at page 3. He confirmed he had provided the funds related to his brother at pages 5, 6, 7 and 8. The documents pages 1 – 13 was accepted and admitted as Exhibit P20.
     
844. PW17 provided the following further statement. His father died before he was born. He had 2 brothers and sisters. His uncle looked after them. When he was a child, his brother went to Saudi Arabia to assist with his studies and business. When Parvas returned to Bangladesh they did well. Then the business got lost and Parvas decided to go overseas. He had asked his brother where he wanted to go. Parvas told him that Palas and Nure Alam had made arrangments for him to go to Australia. PW17 said he had made money arrangements for him (Parvas). Eight (8) months later, PW17 said he also came here. Before he and his brother came here, they sold their land and shops. They made loans from the banks. They also borrowed monies from their friends. They did not have anuthing. His brother was back in Bangladesh, he could not do any business or any work. They needed to beg.
     
845. On 19 November 2018, Somon Sekdah took them to Devil’s Point. They wanted to kill them. One day and one night they did not provide them with food. Local police rescued them.
     
846. They borrowed money to people. They could not refund. The people the borrowed money from swore at them. They did not know what they can do. They might commit suicide. His uncle and grandfather died, he and his brother were the only ones to look after their family. Before they had houses at Dakha. He was here 1 year and some months. He could not spend any money. He did not know what he could do. He will commit suicide. He did not have any money to pay chocolate for his daughter. When he lived in Bangladesh, he earned good business. He nearned 50,000 BD Taka. He had sold that business to come here. He had nothing. He wanted high punishment so that they would not deal with other people anymore. He wanted the refund of his money. If he returned to Bangladesh, he will commit suicide. Because of this, he could sleep in the night. His friends and families are calling him for their monies. He could not answer their calls. He thanked Vanuatu Government and Vanuatu police to save his life. After the police arrested Somon Sekdah, he said Somon Sekdah threatened to kill them and threw them in the sea. He wanted the refund of his money. If he returned to Bangladesh he would commit suicide, he had no other options. Lastly he thanked Vanuatu local people, Vanuatu Government and police, they had always helped them.
     
847. Mr Shahadat Hussein (PW17) was cross-examined by Mr Livo and Ms Nabilah. PW17 maintained his evidence in chief in his re-examination by Public Prosecutor to this effect. He was asked if his brother Parvas was one of the supervisors of the houses of Mr Price Company. He said no. it was suggested to him that Anowar was never stood at the gate. He answered Anowar did not do that but Anowar used to tell people to follow him. Ruhul, Amine and Nacir were these people who followed him in the house. They followed him whether he went outside or not but he said he never tried to go outside. He confirmed that in any event, Anowar could follow him if PW17 went outside the house from the main gate. Anowar could see him from Room No. 3, he was living.
     
848. PW17 based his answer on the use of Exhibit P4 page 10 looking at house No. 2 showing the window on top of the left side of Anowar’s room (Room # 3) and the gate shown was the feature of the main gate entrance. As from that left side of Room 3, PW17 confirmed that Anowar would have a clear view.
     
849. Mr Livo suggested to him that the distance from house No. 2 was far away formt he main gate. He said yes. But he clarified that his understanding was that he thought it was far away but room 3 was not far away, it was near. PW17 was asked about a special rule, that of not going outside and he confirmed by saying that in Pango house, Anowar and Shohag enforced that rule.
     
850. Mr Livo suggested that Josim was a different person and he was not Palas’ brother. PW17 answered that Josim was the straight brother of Palas. He clarified that the meaning of straight brother was they have the same father and same mother. Mr Livo asked PW17 whether he had compared the birth certificates of Josim with Palas’ certificate, he said no. but PW17 said Palas told Parvas (PW17’s brother) that the money was to be paid through his brother (Palas’ brother). The money was pai through Josim. PW17 added that the Bangladeshi in Vanuatu and in Bangladesh referred to Josim as Palas’ brother. PW17 confirmed that Palas never said that Josim was not his brother.
     
851. On the furnitures at the veranda at Pango house, PW17 was asked by Livo that the chains and table at the veranda were turned over because of the rain as they have to be protected against the rain. PW17 said no as when it was raining, they used to push these furnitures in. He clarified that they overturned the chairs at the veranda, when 2 or 3 people talked to their families so Anowar came and asked them to leave and he turned over the chairs. PW17 confirmed that the chairs were overturned also over the good weather. He confirmed that it did not depend on the weather but it was Anowar’s decision.
     
852. PW17 confirmed his evidence that inside the house, the sofa and chairs were turned over so people sat on the floor. There were 30 – 40 people working at the construction site who had slept at Pango. During lunch time 10 – 12 people have their meals in the living room where the soda and chairs were and in the evening there were 45 people. They had their meals together. PW17 confirmed that the wifi was turned off at 9:00pm o’clock. The workers will returned home after that time. The workers would not be able to use wifi as it was turned off. Some would buy datas and used their mobile datas.
     
853. As to the cow, he was questioned as to how the cow was killed he said he would not know how it was dead or killed. PW17 referred to cow “dead” brought in the night. He clarified that when they processed the cow, it smelled. It was like they killed the cow 2 days ago. He did not see how they killed the cow but it was smelly.
     
854. Nabilas asked so many questions with suggestions to PW17 but the most relevant one was the informations related to PW17’s brother (Parvas) and of his staying here in Vanuatu. It was put to PW17 that Parvas’ employment by Mr Price Company and the food and everything were very good. PW17 agreed with the suggestion put to him by Nabilah that, the 8 months his brother lived and worked in Vanuatu, his salary and the food he had, everything was good. But PW17 said it was a drama. These people are brokers as they did those things to bring people here. He was asked to clarify what he meant by using the word drama, he said the brokers. Then, PW17 explained that first; they provided good food, accommodation and gave them salary. They tried to be good so that when they (the first recruited including Parvas) communicated with the people back in Bangladesh, those in Bangladesh will be interested as the company was good, provided good food, pay salaries. That was a drama, he said. When asked as to who were the brokers, he said Somon Sekdah, Palas, Shohag, Taibur, Nabilah, Anowar. That was the group of people. He was asked and he said he knew Palas brought a number of his brothers here from Bangladesh. PW17 mentioned: Sojol, Jomabbar, Jakin, Hussein, Josip (work mate) (passport name was different).
     
855. PW17 (Mohammed Shahadat Hossein) is a credible and trustworthy witness.
     
856. Dr Darmon K. Ashmon was the eighteenth prosecution witness – PW18. He is a clinical psychologist doctor and mental health specialist mind care clinic, at Port Vila Central Hospital. He is an Australian with a US citizen. He was working as an Australian volunteer under the Ministry of Health. He was practicing in Melbourne for 5 years in two different private clinis in Melbourne Service Centre. He was a qualified clinical psychologist. There was no need for all details qualifications. In essence, the principle of his qualifications was Undergraduate Bachelor of Behaviour Services – Honours Degree and Bachelors of Psychology – Doctor Psycho and Mental Psychology. As a clinical psychologist, he assessed, diagnosed, treated and followed up of and on patients. In Vanuatu, he had trained others in the hospital. He recalled he was asked to do assessment of psyschologist on two people in November 2019. He had produced two reports as a result of the two assessments. He had copies of those two reports. It was on 4 November 2018 when he wrote his reports. Both these two people attended the Mental Clinic at the Port Vila Central Hospital. The first person was Mustafizur Khan Shahine. PW18 conduted the assessment on Shahine following a set form or process he described in his evidence. In essence, the format was based on psychiatric, social and family history through questionaires created on formats diagnosis. The description could be roughly said to be present concerns; second steps – history of presenting concerns. Third steps – family or social concerns. Fourth – work history; fifth – Mental status examination; sixth – assessment using questionaires. The last step would be case questionaires and analysis.
     
857. In the presenting concerns, with the first named patient (Shahine), psychological effects started once arriving in Vanuatu. The patient did say he was victimized, tortured when he was in Vanuatu. The history of the presenting concerns was based on the details of events he went through since his arrival in Vanuatu on 26 September 2018. PW18 obtained information from the patient (Shahine) on the patient’s family and social bagdround, through clinic assessment gained by interviews of the patient. The work of the patient was clarified through clinical assessment. The mental status examination of the patient was through his appearance, behaviour, speech, thought, contact, perception, mood, insight and judgment. PW18 confirmed he was able to derive information through the interciew of the patient. As to the mental status, there we no scientific tool used at this stage.
     
858. PW18 stated that on the assessment using questionaires, there were two kind of questions – patient Mustafizur K. Shahine’s psychological health using the Kessior Pshychological distress scale (K10) and the Spycho-Trauma evaluation (PSS – I Scale) were used. The two scales were designed to assess how severe psychological effect the two patients experienced. The psyco-trauma evaluation was used concerning post trauma situation of patients. So after interviewing the patient, PW18 conducted assessment described to the Court in his evidence, his clinical findings were that patient Mustafizur K. Shahine on the date of assessment met with full criteria for depressive disorder and post traumatic stress disorder. In simple term it meant patient Mustafizur K. Shahine was diagnosed with depression and post trauma stress disorder. Depression meant loss of interest, feeling of guilt and suicidal. It was directly linked or attributed to events Mustafizur K. Shahine went through since he was coming to Vanuatu. His score of 28 out of 50 on the K10 indicated a high level of psychological distress. It would have been much higher the year before. It was slowly improved after Mustafizur K. Shahine felt safer. The patient felt tired, nervous, hopeless, and worthless. Shahine was significantly impacted as a result of what he went through.
     
859. PW18 next report was about patient Jamal Hussein. Jamal attended at the Port Vila Central Hospital. The brief the PW18 gave in respect to Mustafizur was similar to Jamal. PW18 followed the steps and process. The process he described internationally followed. The indicators and score obtained were also part of the international norms and practices. Jamal’s presenting concerns (first step) was that he was physically tortured and starved. He gave detailed accounts of the family and social background. Its history, descrived steps followed and how they were made and the pages referred to in the report. The same date of report as for Mustafizur Shahine of 4^th November 2019. The two reports were made on the basis of the clinical notes made from PW18’s assessment of the two patients made on the same day, 4 November 2019.
     
860. PW18 provided the details of his assessment using questionaires. His findings when using the questionaires was that the score of the second patient (Jamal) was higher than the first patient (Mustafizur K. Shahine). That was reflected at the end of the report PW18 had provided. The case formulation of diagnosis was major depressive disorder and post traumatic disorder. At the end of PW18’s report, the score was 35/50 which was very high level of psychology distress indicating sufficiency of clinical mental disorder.
     
861. Jamal reports feeling worthless all the times, and feeling fatigued, nervous, hopeless and depressed most of the time. Jamal feld suicidal but he said he would not harm himself because of his strong Muslim faith. He experienced a lot of shame about what has happened and a loss of dignity. The report said Jamal could not sleep and still felt nervous. Because of all these symptoms and their severity, Jamal was likely to meet full criteria for a diagnosis of Major Depressive Disorder. Jamal said he was still struggling without being able to work, and finds it tough to still live with some of the people who beat him up.
     
862. Jamal score of 65 out of 200 indicated significant trauma symptoms one year later. The report revealed that Jamal had frequent re-experiencing symptoms, avoidance symptoms, changes in his cognitive and emotional state and hyper – arousal symptoms regarding the traumatic experiences that he underwent, and therefore met full criteria for a diagnosis of post-traumatic experiences that he underwent, and therefore, met full criteria for a diagnosis of post-traumatic stress disorder (PTSD). His PTSD was specifically related to the experiences he had been subjected to since arriving in Vanuatu and he denied any prior history of mental health difficulties before December 2017. The reports of the two patients were provided as Exhibit P22.
     
863. PW18 was not cross-examined by Mr Livo. He was shortly cross-examined by Ms Nabilah. PW18 confirmed his evidence in chief when re-examined. PW18 confirmed that his bried was to form an assessment of the psychological post trauma of both patients; each went under since they came to Vanuatu. PW18 confirmed that the follow up of the treatment was not part of the treatment. He found that it was still be good for each of the two patients to undergo additional treatments. The fitness to testify is not put in his brief.
     
864. PW18 (Dr. Darmon K. Ashmon) is an expert in his field of work. I find him as a credible and trustworthy expert witness.
     
865. Sergeant Tenderson Signo is the first police officer witness to give his evidence in this trial and he is the nineteenth prosecution witness (PW19). Because of his travelling overseas, the court had to interpose Sergeant Tenderson Signo’s evidence with the evidence of Mustafizur Khan Shahine on 28 November 2019. Sergeant Tenderson Signo gave evidence to this effect. He worked at Police Station as a police officer. He served as a police officer for 22 years. He worked at Trans-National Crime Unit at Port Vila in the Police force of Vanuatu. He was a Sergeant. He was called to give evidence in this trial as he was one of the investigators in this case. Allan Row Bani was the leader of the investigation team in this case. Allan Row Bani was promoted as Southern Commander. Allan Row Bani was no longer a member of International Crime Unit. PW19 gave evidence of his role in this investigation. He was collecting written statements from the witnesses. He was collecting some material evidence from other governments and institutions, issued and executes warrants and did summary of evidence from the victims. He had prepared written summaries. He wrote the written summary for victims arriving in Vanuatu in groups, the money cash the victims carried with them when they came in Vanuatu, the objects (materials) they brought with them and the work permits.
     
866. Document MFI (1) was the victims’ travelling documents and recipients for funds and the names of escorters. This prosecution witness had prepared them. There were 101 statements from the victims. There were more than 101 victims who came from Bangladesh to Vanuatu. There were a total of 109 people who came from Bangladesh to Vanuatu in respect to this case. Among 109, 101 were victims and the situations of the 8 others were as follows: 4 were in the court, 2 have left the country before the investigation. He mentioned Mito, Tasfea and Rafim. He had approached them to make statements. Mito accepted first to make a statement but then refused. Rafim refused to make a statement. Tasfea was a child. These 3 people were still in Vanuatu. Their visas statuses were already expired see Exhibit P8.
     
867. PW19 referred to MFI (1) page 5, the list of 21 workers with work permit and the others who had worked but without work permits. PW19 recognised a document he had prepared with the names of victims who had worked with a work permit. The names of those who had worked but without no work permit. This PW19 said he had approached these 21 workers to check whether the information provided to Labour Department by Nabilah were correct. He said his finding was that after he had obtained the qualification of these 21 workers and checked he found that the information provided by Nabilah to the Labour Department was not correct. He knew that that was the subject of another charge. The document 5 of MFI (1) (3 pages) was admitted as Exhibit P9.
     
868. PW19 had identified Document 6 of MFI (1) (5 pages) as the victims’ actual employment/business status with Mr Price. He prepared that document. It was admitted as Exhibit P10. Before 20 November 2018, 12 Bangladeshi victims came to the police. They came in different groups. They cried when they came to the police. They had made complaints to the police that people brought them to the country and they worked in different places but they did not fulfill their promises. He could not remember how many groups, some came by groups, and others came by their own. There were 3 who came by the first group to the police, there were Kamrul and Shahine and another one. Exhibit P4 (page 27 – 28) photographs A and B showed the victims meeting together with those that arrived earlier and those that were just arrived. The photographs were part of the victims who escaped from their employer.
     
869. On 20 November 2018, police did the searches of house at Pango, Tassiriki and Town house at George Pompidou and found that people who lived in different houses were moved into different houses with different passports. As an example, people who lived previously at Town house at George Pompidou were moved to Pango or Tassiriki house. They found out from the victims that they were moved before the police conducted searches. These people were moved without their bags and belongings. When they conducted the searches in the houses, Police found out that some of the victims were missing. Police secured those missing victims at Devil’s Point area, Efate. These missing victims were taken at Devil’s Point around 7 – 8:00pm the previous night. So they managed to rescure them after lunch on the next day and brouth them to the police station. PW19 said they talked to these missing victims and the victims told them that they were forced to leave the place they were living and forced to go there at Devil’s Point. They told the PW19 that it was Somon Sekdah’s idea. They were taken to Devil’s Point in a lorry belonging to Somon Sekdah.
     
870. As to their passports, the police found that the passports of all the victims were not there when their investigtions started. They have received information that some of the passports were located behind the Tassiriki house. The passports were buried in the ground. Exhibit P4 (pages 17) and photograph 4 shows the missing passports wrapped up with white plastic. The plastic was opened and the missing Bangladeshi passports were there. PW19 said he could not remember how many as other police officers did that.
     
871. In terms of the operation of Mr Price Company, PW19 said he conducted investigations in other government agencies. In relation to Vanuatu National Provident Fund (VNPF), his findings were that only 21 workers have their names with VNPF, those who had no work permit, did not have their names with VNPF. PW19 said he had also investigated in respect to the stamping of the passports of the victims by the immigration office. His findings were that some passports were stamped with departure stamp but they did not actually left the country. He did carry out further investigations, he found out that the reason why the passports were stamped the way he said, were to change the visas status of the passports holders. His findings were that the stamping of the passports was not properly done and that they were unlawfully done. These passports should have been stamped at the Immigration office, they were not. These Bangladeshi passports were stamped at Mr Price office and as to who stamped these passports at Mr Price office was still under investigation. PW19 recognised 6 photographs taken of the items found as the result of their searches at Mr Price shop opposite Traverso, items consisted of folded clothes they brought with them when they came to Vanuatu. Photographs C and E were of buttons photographs C, D and E. Photographs D – F of clothes garments. The victims confirmed they travelled with these items from Bangladesh. Page 16 of Exhibit P4 was a property at Norpow near Football Accademy. The victims said they used to live there. The photographs showed at immediately at the edge of the vegetation were a cliff. Opposite Tana Russet the unfinished construction. That property was leased by Somon Sekdah and Nabilah Bibi under the name Mr Price. The person who stamped the Bangladeshi passport nationals was a local person. That person worked at the immigration office.
     
872. PW19 (Tenderson Signo) was not cross-examined by Mr Livo but was cross-examined by Nabilah Bibi. Prosecution witness Tenderson Signo (PW19) confirmed and maintain his evidence in chief.
     
873. PW19 (Police officer Tenderson Signo) is a credible witness.
     
874. Kenneth Whitely was the twentieth prosecution witness (PW20). Kenneth Whitely was 41 years of age. A police officer living at George Pompidou, Port Vila, a police officer serving in the police force of Vanuatu. He was working in the Trans-National Crime Unit (TCU) as a senior sergeant. He was responsible for Trans-National Crime Unit on acting basis. The special unit within the Trans-National Investigation Crime Unit was the Financial Unit. When the investigation of this case started, Senior Allan R. Bani was the officer in charge. Senior Allan R. Bani was promoted and he became South Commander, South District.
     
875. He gave evidence of his early part of investigations providing a link chart showing the criminal syndicate associated with this incident of alleged human trafficking. That link showed how money obtained from the victims was deposited into certain bank accounts in Bangladesh. It also showed how the money was moved until they arrived in Vanuatu. PW20 gave account of his primary sources. It was constructed with the first 12 victims that escaped. The victims provided the police with the informations. In relation to financial link chart, they provided to the police showing the accounts were established in Bangladesh. He also confirmed that later on he had obtained further information from other victims.
     
876. PW20 was shown with a copy of the link chart [MFI (1)]. He confirmed the link chart with 4 vertical rows. The recruitments of people from Bangladesh proceeded from Barisal District and Tangail District. The recruitments from Barisal District revealed that Palas was identified as the main recruiter for individual in Bangaldesh to come to Vanuatu. They had also identified Palas’ brother, Josim, as a recruiter. They had created accounts. But these accounts were not under their names but different names. PW20 said they have identified the owners of two bank accounts and they did not identify the onwers of the other two accounts. The names of the owners of the two accounts were, Jannatur Rahman and Kazi Sumur. The account number of Janatur Rahman was 449901 004697 and the account number of Kazi Sumur Rahman was 0912 03100 00662. The banks names and branches were also contained in the boxes in MFI (1).
     
877. Jannitur, the owner of the first account was the wife of Josim. Kasi Sumur Rahman was the father of Josim. Josim was the brother of Palas. Palas was the fourth defendant in this trial. PW20 identified Palas in court as the fourth defendant. It was difficult to get the banks details of the other two accounts from the banks in Bangladesh. PW20 explained how the four accounts were used. The four accounts were created, when they obtained cash from the victims, they deposited some of these cash in these accounts.
     
878. The third vertical row on MFI (1) showed the people involved in the syndicate and the financial information in respect to the bank accounts. The syndicate was based on the other District, Tangail. The two main persons involved here were Shohag and Alal. Shohag was the same person as the one referred to in this trial. Alal was Shohag’s brother in law. In Tangail District, they had identified three accounts. The owners of the first two accounts were identified while the owner of the third account was not. The name of the owner of the third account was Hashpul Hasan because they did not establish the ownership, there were no link established. PW20 said his investigations also showed that funds were also deposited in that third account. The owner of the first account was Alrin, who was Alal’s wife and sister of Shohag. Alrin’s account number was 200 0085 86959. The details of that account were also in the box contained in MFI (1). The owner of the second account was Lally Begum. There was a possibility of an alternative spelling of that name. Lally Begum’s account number was 02000 11638077. The other details of this account were also contained in the same box immediately under that account.
     
879. PW20 gave evidence as to how these three accounts were used. These accounts were created for the victims to deposit their cash money in them. The victims handed cash money to Shohag, the main person in the District (Tangail) and Shohag handed over the cash money to the account owner. They deposited the money into the account. There were times where Shohag was not living in Bangladesh, and then Alal gave the money. Shohag was Alal’s brother in law.
     
880. The middle vertical row of the diagram (MFI (1), the box square was presented at an entity (a company Mr Price). The circle represented persons (individuals). So one saw the first box, the company (Mr Price) and the circle indicated the owners of the company, Mr Somon Sekdah and Nabilah Bibi. The next circle below the box was an individual by the name of Taibur. Taibur was linked to Nabilah and Somon Sekdah as the business associates and he was also the travelling guide from Bangladesh to Vanuatu. The next circle was Nabilah. She was the wife or partner of Somon Sekdah. She was also a travelling guide from India to Vanuatu. The next circle was Kamrul Sekdah, the brother of Somon Sekdah. He was in charge of the processing of the Indian visas in Bangladesh. The next square box below that was an account. PW20 said they suspected it was a company account into which money/funds taken from the victims were deposited into these accounts. The name of that company was Pramanlik Trading. The details of that company were within the box. The document located at page 3 of MFI (1), link chart admitted as Exhibit P23. As part of his investigation, PW20 said he had also produced a chart relating to cash and goods to Vanuatu which table showed the names of victims, the passports numbers, the money or goods carried (see MFI (1) of 4 pages). The document had 5 verticals row. The first row was the names of the victims, the second the passports numbers of the victims, the third the United States Dollars (US$) carried from Bangladesh to Vanuatu, the fourth United States Dollars (US$) cash carried from India to Vanuatu and the last row was the other materials.
     
881. Looking at the first row on the list of the names of victims, PW20 said the third person on the list was Shohag. From his investigation, Shohag was not a victim, the fourth name on the list, Nabilah. In his investigation, Nabilah was not a victim; the fifth name Somon Sekdah, in his investigation, Somon was not a victim; the sixth name Nabilah (the escort), the same person Nabilah referred to earlier, she was not the victim; the seventh name Akter Mito was not grouped as the same group as the victim; the eighth person name Tomina Tamama Tasfea was not grouped as a victim. PW20 confirmed that apart from these 5 people, others are considered as victims in his investigations, except also Palas and Anowar.
     
882. The third row indicated the US Dollars cash given to the victims from Bangladesh to India. Musharaf Muhammed, Islam Saifir and others carried US$500 from Bangladesh to India. Howledeh Amir Hossein carried US$1,000. Aslam Hossein was not given any money to carry. The amounts were against the amount carried. The last column was about the other materials brought by the victims from Bangladesh to Vanuatu, 5kg of white cloth, buttons and they were at the custody of the police. Pictures were taken of these items. Page 4 of MFI (1) as Exhibit P24.
     
883. PW20 gave evidence of money transmitted between Bangladesh and other countries abroad and Vanuatu. The platform used was through transferring money in two ways. First, carrying cash money and second, through Western Union transfers. He had obtained details of money transferred in this way in Vanuatu from Western Union and obtained by search warrant. He had constructed a flow chart on how money was transferred from overseas to Vanuatu. PW20 said in addition to the flow chart, he had also made a report. The flow chart indicated the sender of money from Australia, United Arab Emirates and included the names of individual senders. There were 5 senders from Australia; the first was Nabilah Bibi, Josim Urdin (Palas’ brother), Rahman Mohammed Safie, Rahman Napia and Parvin Abida. Apart from Nabilah and Josim (or Jashim), the three other persons were in Australia when they sent money. PW20 obtained that information from Trans-National Crime Network providing details transactions from Western Union Australia. No further information about the three persons or United Arab Emirates. The second part of the flow chart was about receivers of money in Vanuatu from Western Union, Somon Sekdah, Nabilah Bibi, Palas and Mito. The fourth name was Mohammed Kamrul, the brother of Somon Sekdah.
     
884. The second flow chart showed Nabilah who was the sender of the funds to Mauritiaus and India and the receivers in these countries. The sources of these informations came from the Western Union. Nabilah sent the money from Vanuatu, Feroze Buxoo and Bibi Salmabee Caibahae were named in the transmissions of the funds.
     
885. The third flow chart showed the senders of funds from Vanuatu being, Somon Sekdah to people abroad in Indonesia, Myanmar and Vanuatu. Kamruzzan An Mohammed was in Indonesia. Efforts were made by Vanuatu Police to find this individual. Somon Sekdah sent money to Rahman Taibur (the same person in Exhibit P23). It was also identified that Somon Sekdah could be also receiver of these funds (when he was out of Vanuatu or when he was in Vanuatu and sent money into the island of Vanuatu). Vhriyan Mashok was the second person fro some time and he was of Bangladesh national, Exhibit P25. PW20 had also provided a report of funds transmitted through Western Union. The report contained the summary outlining the financial activities of the funds remitted through Western Union transfer of Vanuatu. The report also provided the total amounts of money received by individuals here in Vanuatu. It further indicated the transactions or transfers. It provided the receiver of money in Vanuatu. It provided the dates and amounts received by different individuals in Vanuatu. It provided the total amounts of funds remitted in Vanuatu.
     
886. The total amount of Vatu Nabilah Bibi received from abroad was VT2,092,600. 8 transfers from Australia and 1 transfer from Quatar. The names of the senders were in the box also. Somon Sekdah had received from abroad VT5,397,168. This corresponded to 21 transfers from Australia, 2 transfers from Fiji and 2 transfers from United Arab Emirates. Four (4) senders were responsible. Kamrul was the next recipient and he had received from abroad VT1,164,775. There were 5 transfers from Australia. Two senders to Kamrul. Mito was the following recipient of VT2,650,921. There were 11 transfers from Australia and 1 transfer from Quatar and involving three senders. Palas was the next recipient of VT2,093,954. This corresponded to 9 transfers from Australia involving two senders. The next was Mr Shohel (accountant of Mr Price) who had received VT2,555,838 corresponding to 11 transfers from Australia involving 24 senders. PW20 had prepared a summary of the sums received by 6 people in Vanuatu. The total amount was VT15,955,256. He had also produced summaries of all transactions involved; a total of 71 transactions (transfers). The report identified associates who had sent funds (money) from abroad; a receiver can receive 6 transfers a day which indicated that the structuring of funds involved money laundering. It involved structuring of remittances (processes) not necessary money which suggested money laundering. PW20 explained that structuring in the context of money laundering would be illustrated through conducting six (6) transactions a day which suggested hiding the source of the money that had been received in small amounts. That was why the Western Union could not question the source of funds or money that they received. If a big amount of money was sent, that could make Western Union questioning the transactions.
     
887. There were restrictions of the amount of the money that could be transferred from one country to another. If one were to remit an amount exceeding the allowed amount, the Western Union had to submit the suspected amounts to Financial Unit and from there they reported the matters to the police. An amount of one million would trigger a suspension. There were fees imposed or levied in certain amounts of money from overseas. There were also additional fees paid when one sent money exceeding the allowable amount.
     
888. From July 2018 to October 2018 (a period of 4 monhths), Nabilah Bibi would have sent in Vanuatu VT8,601,819 corresponding to 38 transfers in total. Nabilah Bibi also sent money abroad. The total of money Nabilah Bibi sent in other countries apart from the money sent in Vanuatu was of VT302,361. From his report, PW20 said Somon Sekdah sent money abroad ranging from VT9,205 to VT19,186. He could not determine the total. Pages 5 – 6 of the report confirmed the summary of money received by 4 people, namely Kamrul (the office executive officer), Mito, Palas and Shohel Rana (accountant of Mr Price). PW20 said in looking to the manner in which the funds were remitted to Vanuatu, as a financial investigator, he sought to determine why the transactions were made through Western Union instead of using ordinary banking telegraphic transfer. He replied that their findings were that they had questions surrounding the transactions; the amount was huge over VT15, 000,000. The transfers were not made through the banks but in small amount through Western Union. So if one has to establish a business in Vanuatu, any funding related to that business was made through Western Union but not the banks in order to avoid detections. The connection with money laudering was that the transfer of small amount into the country triggered money laudering. This was equally applied to the money carried by individual victims from India to Vanuatu. That would be the same as the ones sent through Western Union. The victims carried these amounts from India, Singapore, Fiji and Vanuatu. They splitted the money into small amounts and given to each victim to carry to Vanuatu. Exh. P26 was the Western Union money transfer activity. So the total money remitted to Vanuatu was VT15,955,255. As PW20 was involved in the investigations, he said the cash money brought by the victims in Vanuatu was VT42,000,000.
     
889. The search warrant was executed on 10 December 2018, Western Union responded quickly (December 2018). The Western Union supplied 3 sets of documents as a result of search warrant containing the dates of transactions, details of different transactions by individuals named in the search warrant, covering the period May 2017, April, July and August 2018, the amounts of money sent and received, the details of the recording countries, the details of the sender and the receivers of the money; the MTCN Numbers (transactions codes) ie, the tracking codes number, and the total amount of money sent. On these documents Somon Sekdah was the sender in the first transactions the receiving was Kamruzzaman Mohammed (MD) of an amount of VT12,700 and at that time Kamruzzaman lived in Jakarta, Indonesia. The total amount of money remitted was VT79,128.20. Another document on which the remittance date was 13 July 2018 with a total of 9 transactions. Nabilah Bibi was the sender and the receiver was Somon Sekdah. The amount sent was VT234,032.29 (date of transactions 13 July 2018). That transaction was called, 145 7633 497. Nabilah Bibi was the sender of money in the transactions of 12 April 2018 to Somon Sekdah (as the receiver) of the amount of VT101,632.28. The transaction number was 9954 62 8131. There were 9 transactions there with a total of VT1,972,024. The third document of 14 September 2018 Rahman Sofia was the sender of money of VT235,036.68 to Somon Sekdah (as receiver). The transaction code was 00 364 12 551. The last transaction in the third document was on 28 May 2017. The sender was Somon Sekdah and the receiver was Somon Sekdah of VT19,186.60. The transaction code was 9925 9647 60. This was evidence of Somon Sekdah sending money to himself. PW20 stated that this was one instance that Somon Sekdah did exactly that. There were 21 transactions. The total amount remitted was VT4,510,421.02. The transaction code for the last transaction was 9925 9647 60. The three sets of documents were admitted as Exhibit P27 (of 10 pages documents).
     
890. PW20 stated that in his report Exhibit P27, he did rely on other sources of information than Exh. P27. He referred to the receipts found in the office of Mr Price during the search conducted in the execution of the search warrant. These receipts were not similar to the remittances. They found Western Union receipts. They also found receipts in respect to the money cash or carried by the victims from India to Vanuatu. In his evidence on Exhibit P24, he found out that the money was deposited to two (2) accounts at the ANZ Bank. The first account was in the name of Somon Sekdah and the second in the name of Mr Price. He had also obtained the corresponding bank statements when executing the search warrant. As to Mr Price account, the address was, Bellevue Road, Shefa, Vanuatu. It was a cheque business account number 187 5993. The statement he obtained of that account was made on 17 December 2018.
     
891. PW20 said he had prepared a summary of deposits or analysis. The summary of analysis showed the dates of deposits, nature of transactions, the amount in cash deposited, whether cash deposits or transfers. They have identified deposits slips, the bank statemetns and cash deposits to that account. The total amount was about VT13,000,000. In his previous evidence he said the total money cash carried by the victims from India to Vanuatu was VT42,000,000. The other account was that of Somon Sekdah at Tassiriki area, Port Vila, Vanuatu. It was a Vatu currency account, access every day, account No. 186 2917. The bank statement was on 17 December 2018. It was of 31 pages. He undertook similar exercise for his analysis. The total amount was about VT12,000,000. That would bring the total amount to VT25,000,000. So the remaining balance uncovered was around VT17,000,000. PW20 said they were looking at other accounts at National Bank of Vanuatu and Bank of South Pacific (BSP). There were accounts in the joined names of Somon Sekdah and Nabilah Bibi. Others in the name of Nabilah and Mr Price ie. Nabilah Trading as Mr Price. He had identified copies of the bank statements obtained thorugh the search warrant at National Bank of Vanautu (NBV). The first set of account was in the name of Bibi Nabilah Buxoo, account number 01 – 60684 001. The second account was in the name of Bibi Nabilah Buxoo T/Mr Price and the account number was 01 60684 002 (12 pages documents). The NBV provided PW20 with two other accounts ending 003 amd ending 004. He was not able to determine the amounts of money deposited in these accounts ending with ...03 and ...04. He did not obtain statement from BSP either and therefore, he was unable to undertake similar exercise with any accounts held in the BSP. ANZ Mr Price Vanuatu Business cheque Account No. 817 5993 was Exhibit P28. Exhibit P29 was ANZ Somon Sekdah access every day account No. 186 2917. The third documents were of Bibi Nabilah Buxoo No. 01 60684 001 and Bibi Nabilah Buxoo Trading as Mr Price No. 01 60684 002. The two statements were under the cover of the NBV letter of 12 December 2018 admitted as Exhibit P30.
     
892. PW20 was asked about his work and the documents he viewed of this case in obtaining evidence. He followed the same process of search warrant on bank officers of BSP, 2 bank statements. The first was in the name of Somon Sekdah Account No. 2000 8946 22. The second was in the name of Mr Price account number 2000 9423 97. The same exercise was followed with the BSP to ascertain the amounts deposited to this account. These two documents of BSP were admitted as Exhibit P31. PW20 confirmed obtaining statements from Fexco (Fiji) Limited operated from the office of Vate Electric, Lini Highway, and Port Vila, Vanuatu. The same process was followed to obtain documents from this company, through search warrant 3 sets of documents were handed over to the police. Those were individual remittances and the transaction No. 894 5572 225. Mito Akter was the receiver of the money, Exhibit P32.
     
893. PW20 was cross-examined by Mr Livo, Ms Nabilah and re-examination by the prosecution. PW20 was asked, whether as a police officer, was travelling to Bangladesh to conduct investigation. He answered no. As a police officer he could not go there and directly investigate there. He was asked whether he had birth certificate to establish that Josim and Palas were brothers. He said no. Josim was not one of the main suspects in his case. It was not necessary to obtain these details. The same answer was given when questioned about whether Jannatu was Josim’s wife. He said no. PW20 clarified that the information that the police relied on in relation to the relationship between Josim and Jannatu were provided by the victims who came from the same province of Bangladesh and travelled from that province of Bangladesh to Vanuatu. He said he had no reason to doubt this information. He was asked of his evidence that Palas was the main recruiting person who recruited more people from Bangladesh to come to Vanuatu. He said the evidence and most of the information on the table he had created come from the victims. The victims stated that they were in contact with Palas to come to Vanuatu. They said they obtained information from Palas. The expression Palas was the main recruiter was based on the number of the people recruited. About the arrangements for payment of the tickets, he did not have any doubt about the information given to him by the victims. There were about 60 to 70 statements. There were a total of 102 victims in total and as he had not doubted about what they stated, it was not necessary to obtain tickets. He was asked about the records of conversations between Palas and the victims. He trusted what the victims stated, it was not necessary to obtain the records of conversations.
     
894. He was asked about Palas receiving total money of VT2,903,954 and was suggested that that amount was less than what he said. PW20 accepted the amount might be less than that. His source of information was from Western Union. He accepted there might have been a mistake on his table. But he relied on what the victims stated and he did not have any reason to doubt the information by the victims. He was asked as to where the money sent through Western Union came from. He answered they had established that the money were sent from Western Union Australia. He was asked that he did not have the bank statement of Josim. He said the vicitms provided information which connected Palas to these accounts. The victims provided statements, photographs, deposits slips and videos. On the source of information he said they came from Western Union, he confirmed the tracking code numbers of these transactions. PW20 said his focus of this investigation were on financial part of investigation as they had established through the victims, the accounts that appeared in Exhibit P23 on the basis that the ultimate offence was human trafficking, slavery or money laundering. Because he had no reason to doubt what the victims said, it was not really necessary to obtain the bank statements.
     
895. On the relationship between Kamrul Sekdah and Somon Sekdah he got the information from the victims and the information in Exhibit P23 were information obtained from statistic office. That was, the travelling movements with passports and number of passport, his arrival in the country and his departures. It was not necessary to provide the passport of Kamrul Sekdah. When Kamrul entered the country, the investigation did not start yet. The victims said Kamrul Sekdah organized and managed everything. He had no reason to doubt that. To his assessment, the victims were best placed to provided evidence but not Indian Embassy in Dakha. As to Taibur, he was asked to provide business licence and he answered Taibur was escorting people to Vanuatu. So Taibur was a business associate. PW20 maintained he relied on the statements of the victims and he had no reason to doubt them. There was no need for bank statement.
     
896. Nabilah asked questions and made suggestions in respect to the transfer of money made referring to some names, Josim, Jannatur, Taibur, Kamrul, Alal, Shohag and Irene, whether any transfer from these people were made to Nabila and PW20 answered no. PW20 clarified that Nabilah was not always in Vanuatu. She travelled a lot to Australia and in other countries. The records of conversations were not absolutely necessary and this would also include the records of conversations between Somon Sekdah and others. In relation to the travel of victims through customs, Indian Customs, Nabilah asked PW20 whether his network obtained information from Indian Customs, he answered no in that the source of information came from the victims. He clarified that given the type of offences investigated, it was not necessary to go through Indian Embassy or Customs to obtain the information. As to whether the amount of money carried was below the threshold, the PW20 suggested that the amounts were structured to allow people to get money outside. In close connection with this, Nabilah asked PW20 if he had obtained India receipts. PW20 answered no and maintained that the information came from the victims. He did not have any reason to doubt their evidence. It was not necessary to obtain other information from Indian Embassy. Nabilah referred PW20 to Exhibit P27 on the transactions about Somon Sekdah referring to transactions sending money to Bhuiyan Mashshok on the particular transaction tracking code No. 4341 599 3030.
     
897. PW20 reinterated that both the sender and the receiver were in Vanuatu. He confirmed this evidence was based on the information given to him by the Western Union. They relied on that information provided by Western Union.
     
898. Nabilah took PW20 to Exhibit P27 and referred to him to the second transaction code No. 205 8325 819, showing PW20 that the transmission from Nabilah to MD Shohel Rana (Accountant), same transaction was represented in Exhibit P32. Nabilah suggested to PW20 that they were duplication. In his evidence in re-examination, he was taken to his evidence as to his attempt to reflect this transaction. He said there was no duplication. He explained that in constructing the table he had at page 6 of the table, he relied on information he had in Exhibit P27 and Exhibit P32. Nabilah asked PW20 a couple of times on the documents, but in particular 38 transfers, but he provided only 29 receipts. PW20 said he was sure some of the receipts were not there. But they might be in different places. He explained again that according to what they received from Western Union, the receipts were of the numbers of 38 transfers by Nabilah. He believed that they had provided the number 38 but here were only 29 receipts. His records were 38 transfers based on the source of information provided by Western Union. The source of that information provided detailed information of transactions. PW20 was asked about the identity of Fex Co. (Fiji) Limited and Fex Co Pacific Limited and their relation with Western Union Money Transfer, it was suggested to him that there were at the same place or office. He said he was unable to say how many offices of Western Union in Port Vila. He referred to Exhibit P28 ANZ cheque account; he said there was no transfer from Bangladesh but only cash deposits. He clarified that when he executed the search warrant on the ANZ Bank to obtain information, his underlying purpose was to confirm whether there was transfer or cash deposits in US Dollars from Vanuatu.
     
899. PW20 (Kenneth Whiteley) is a Senior Sergent Police man; he knows his field of work in trans-national crime in his investigations and tracing exercise of the internation money transactions when dealing with money laundering. His evidence is credible and honest account of his investigations and findings in this case. He is a reliable, honest and believable witness.
     
900. Police Sergeant Willie Rexona was the twenty Firsth prosecution witness (PW21). He is a police officer, lives at Independence Park, Port Vila, Vanuatu. He works in the InterPol office, Port Vila. He was a police officer for 25 years. His role was to connect to other NCP around the world and share information relating to transnational crimes, syndicates who were involved in regards to criminal activities. He was the only police officer working there. In this particular case, human trafficking, slavery and international money laudering were the alleged offences; the suspects were foreigners, so he was involved in this case. His role was to coordinate the information and share this information around the world. The transnational crime unit and other units were under National Intelligence Units. They came to know of Mr Price difficulty before the arrest of the two suspects referring to Somon Sekdah and Buxoo Nabilah Bibi. He came to know of the activities of Mr Price Company after that two (2) Bangladeshi nationals said they came under Mr Price Company. He could not remember of their names. He said he went to Mr Price Company and asked if they knew of the two (2) Bangladeshi nationals. He found out that they were not under Mr Price Company from his early inquiries. At an incident, the landlord asked him to go and find out. He identified the location of the place based on Exhibit P4, page 19. He went there and saw Bangladeshi nationals. He did not meet them previously. This was the second time, he went there. So he asked them about their status in the country. There were about 10 – 15 people.
     
901. PW21 approached them at the worksite, asked them about their status in the country which was consistent with his role with Interpol Office. He spoke to them (10 – 15) but none spoke English. He saw that they used agriculture toold to dig the holes and cut the stones. He attempted to ask them if they have a passport or valid visas or work permit. He saw they were using spades and shavels to break the stones. They used the agriculture tools to cut the stones into pieces. Some were working or forced them to work as when he talk to them but they could not stop working as somebody looked at them to ensure that they worked. He said he used the word forced them to work because, to his observations, when he went there to talk to them, they did not care of what he said or just one or two came but the rest continued to do what they did. He went there to ask for their passports. He had observed their face, they were talking around them, and he did not know what they were talking about. He talked to them and they did not talk to him, he said he suspected these people might have issues with their documents. One of the staff of real estate told him they were from Mr Price Company and told him to go to Mr Price Company. The real estate staff’s name was Brian Stephens. That person owned most of the properties these people had stayed in.
     
902. PW21 described the activities of these people at the worksite when they broke the stones, levelled the soil, raking the ground using the shovels, rackes, spades and pic “curba”. He was there for 10 minutes. He went again there when they called him to talk to the Philipino who owned the place. Nabilah called him (PW21) as Nabilah happened to know him in the first time when he went at Mr Price Company office and asked them about the two Bangladeshi nationals. Nabilah told him on the phone while he was in his office that the landlord beside the land they were working threatened to shoot their staff with a gun. The owner of that place owned the Chinese shop on the main road on the left side of the worksite. That man also lived behing the Chinese shop when he saw the Bangladeshi workers working on the site; they were not wearing protective clothes. He described how they broke the stones with these rudimental tools as to his observations, local people would use the machine while these people were foreigners, had used these tools to break the stones. He suspected they were not qualified to do these jobs in the sense that they were not experienced to do this kind of things. PW21 went on with his evidence on his observations of the Bangladeshi workers that if they were foreigners invest in the country; they should have used the machines to help them doing the work. They were breaking the stones or rocks of half a meter size. They did not use any hydrolic machine and they did not wear any safety equipment with them when they broke the stones. These rocks were pilled up one ontop of the other.
     
903. When Nabilah called, she asked PW21 if he could assist her and Somon to talk to Mr Janzet (the owner of the place). Nabilah talked to him about the Bangladeshi works working on the construction site. PW21 went and talked to Janzet and asked him about the threatening words he had used when he talked to Nabilah on the phone. Mr Janzet said he told Nabilah that the staffs of Mr Price were trespassing into his property and when he saw them in his property he allowed them in and offered them some water.
     
904. Mr Janzet explained to PW21 that the reasons why he offered water to workers of Mr Price Company at construction site who trespassed into his property were to the effect that, the first time the construction started; there was no water on the construction site. So Mr Janzet felt sorry for the employees of Mr Price Company and when he saw them in his property, he offered them water and mangoes. When the construction started to mix cement, they installed water connection on the construction site but then water supplier (Unelco) disconnected the water supplied at the construction site while at that time the work at the construction site continued. That was where the employee of Mr Price Company started to go into Mr Janzet’s property and take 20 litres of water that meant, they fetched water from Janzet connection in his property. They used 20 – 40 litres of containers to fetch water in Mr Janzet’s property. Mr Janzet was talking to PW21 about his frustrations. Mr Janzet said the first time he gave them water to drink and they used a bottle of 1.5 litre water for them. When he saw the employees came into his property with 20 – 40 litres containers that was when he had called Nabilah and told her about his concerns. Nabilah’s response to him of his conerns was not good or appropriate that was the reason why he told PW21 that he used the word the gun or firearms. When he was not in his property, the employees of Mr Price Company came into his property, helped themselves with water and mangoes. Mr Janzet said he offered them water just for drink. Mr Janzet was not happy because while Unelco disconnected water supply to the construction site, the work of mixing cement continued, and as they needed more water, they took 20 – 40 litres containers of water in his property.
     
905. Mr Janzet told PW21 of his observation of the reason why he felt sorry for them. Those Bangladeshi people were working like slaves. Mr Janzet said he watched them working, there was no rest everyday. They used only manpower tools but they did not use the machine. That was the reason when they asked for water, he felt sorry for them and gave them water in the first place. PW21 said after he had talked to Mr Janzet, he said he had texted Nabilah that everything will be alright. PW21 said he went at the construction site just once. He had noticed Anowar (defendant 3) was already there. He recognized and identified Anowar in this trial. Anowar was standing and looking at him when he had asked for their passports at that time.
     
906. PW21 was asked to make some enquiries about the Mr Price Company as an Interpol officer. The nature of the enquiries was to find out if the two (2) main suspects, Somon Sekdah and Nabilah Bibi Buxoo, were involved in criminal activities in other countries. PW21 explained he dispatched information request into all National Centre for Interpol Members countries (NCPs) taking their nationalities, he sent the request to their countries of origin. Because the offence, were of transnational crime issues, he had also sent information to the other countries. There were, then, two (2) sets of enquiries. First a blue notice on all Interpol Notice. The purpose was that if any foreigner who alleged to have committed a crime in another country and if by looking at his or her passport and saw that he or she had been travelling in some of these countries around the world, they sent the Blue Notice around to the member countries (194) to inform them about the two suspects in this case and of the crimes they were alleged of committed them. If these countries have anything on the two suspects, they requested them to send them that information to help them with their investigation.
     
907. PW21 said he had prepared and issued two notices, one in respect to each suspect. The notice contained the personal details of suspects and photographs, the particulars in respect to the nature of the investigation conducted the purpose for which the notice was issued. PW21 sent the notices online to a central portal. He had also identified countries on places where they may also have activities. There were about 50 countries. He identified the countries through their passports. One of these countries was Micronesia. The Interpol Blue Notice in respect to the two suspects were admitted as produced as Exhibit P33. PW21 said also he sent request to the country of origins of the suspects. This was made by way of letter of common request sent to four (4) specific countries. The formal common request was sent to NCP Port Louis in Mauritius, NCP Pretoria, South Africa, Zimbabwe and Micronesia.
     
908. PW21 said he did not have the copy of the formal request sent to the three other countries apart from South Africa. The formal request was of 2 pages. The first page was about the details of the two suspects and the second page was about the information he had sought from them. Mauritius had responded to his request by providing information from the two suspects. The authorities in Mauritius confirmed to PW21 that the two suspects moved in and out of Mauritius. They confirmed their date of marriage in Mauritius. They confirmed two (2) separate cases reported and under investigation in Mauritius involving the two (2) suspects. The general nature of the cases was about misappropriation type cases in both. The two cases were still pending investigations. The two pages documents were admitted as Exhibit P34. PW21 stated that the two suspects were according to statements of victims with whom they travelled with the two from Micronesia, the two suspects were deported from Micronesia. He had sent request to Micronesia to verify this information and find out more. However, he never received a response from Micronesia.
     
909. He gave evidence of the enquiries he made to South Africa in order to confirm the suspects’ story that they were associated with Mr Price Company South Africa. He had also sent other requests in regards to their status and any criminal history. He had received a response from his counter-part in South Africa. They worked with a reference number, not a date. He was shown and recognised the formal request he sent to his counter-part in South Africa. Paragraph 4 of his formal request read: “Therefore, as a matter of this investigation, we kindly request your assistance to liaise with Mr Price Company in South Africa, if the company was aware of these two suspects and associated with them. They both claimed to represent Mr Price Company and use the company logo”.
     
910. He had received a formal letter from his counter-part in South Africa. That letter was sent from Mr Price Groupe Secretariat through to NCP Pretoria to NCP Vanuatu. It was dated 7 November 2019. He was given a copy of that letter and was asked to read and he read second, third and fourth paragraphs “... we advise that Mr Price Group Limited does not have and is not in the process of opening stores in the Republic of Fiji or the Republic of Vanuatu. Further, based on the information provided the following individuals are not employed by Mr Price Group Limited:-
     
     1. Somon Sekdah – a Zimbabwean passport holder;
     2. Buxoo Bibi Nabilah a Mauritius passport holder.
        

The above mentioned individuals are not authorized to use any of the Mr Price Groupe Limited Logos or any Limited intellectual properties”.




PW21 confirmed that the last two words Mr Price Groupe Limited include the words Mr Price.



911. The formal request of the witness sent to his counter-part in South Africa with reference No. PVNC B/33/19/PCK was admitted as Exhibit P35. The second document was the letter of Mr Price Group Limited South Africa sent by Janis Cheatle Groupe Company Secretary and Head of Governance, Exhibit P36. PW21 said he did not sent any request to Fiji. Fiji was mentioned in the letter as they did not know where Vanuatu was. They knew Fiji through rugby and Vanuatu was close to Fiji. PW21 confirmed the content of Exhibit P36 letter from Mr Price Group from South Africa and also that the Intellectual Properties of the company including the name of the company was not available to the two accused persons. That letter mentioned the use of Intellectual Properties, the logo and name of Mr Price. In Exhibit P36, the name “Mr Price” was written before the name group. PW21 was referring to that name “Mr Price”. Mr Price logo was also an important subject. That letter was low-cases. The logo was the cap. It was seen in the letterheard of Exhibit P36. PW21 had further investigated the logo that was used by Mr Price Group Limited South Africa. The drawing of the cap is Mr Price Company and the drawing of the cap is the one described in Exhibit P36 was similar. He was shown Exh. P4 (page 19) photograph A of a banner. He described what was in red colour after the word “coming” in the banner was the picture of a cap and name Mr Price. When he compared that image with what he saw on the banner, he said the logo was the same but different background. He explained that the background of the banner was white and the background of the image he showed to the court was red. PW21 said he had seen this logo or particular notice before at Pango house where the victims have been residing. He described the logo on the last page, the cap was located before Mr Price and the cap on the first page was above the name Mr Price. Apart from the placement of the cap, they were the same. PW21 said he saw this in the showroom located at opposite Travelo Boucherie which was near Wilco. He had obtained images from the shop from Mr Price in the Sought Africa. They were the same as those in the showroom.
     
912. As Interpol officer, he had obtained information about suspects who might have been investigated or arrested abroad based on formal Interpol sources or information obtained during the course of his investigations. He had informations about investigations and arrest of persons involved into the recruitment brought from Bangladesh to Vanuatu. Information was given to the police in order to advance the investigation. Some of the photographs had already been used and put into the court. Exhibit P4 pages 1 – 3, photograph of Alal, Nacir Abassi, Kamrul Sekdah, Shohag and Taibur. Those people were arrested by Bangladeshi police officers. They were currently under bail he was not sure whether Taibur was arrested by the four others, he said, they were arrested by the police at Bangladesh. Exhibit P37 (logo of Mr Price contained in all 4 pages) and 5 photographs already part of Exhibit P4 were tendered as Exhibit P38.
     
913. PW21 was not cross-examined by Mr Livo but he was cross-examined by Ms Nabilah Bibi and re-examined by the prosecution. He was referred to Exhibit P33. It was UPI Certificate and it was a government document. He was asked to compare Mr Price document, certified Mr Price with the logo at Exhibit P36. He would not expect the logo of Mr Price printed in a government document such as the one he saw. He did not expect the logo as he saw in Exhibit P36 to be reproduced in a government document or government registration document. He looked at the name of the logo at Exhibit P36, he said the name of the company was Mr Price Group Limited. This was an international company. The name suggested different types of companies that they go together. They are different companies under the name Mr Price Group Limited. His evidence was that these different companies belong to Mr Price Group Limited. He found out the names of some of these companies that were together and belonged to Mr Price Group Limited, namely Mr Price, Mr Price Home, Mr Price Sport, Milady, Sheet Street and Mr Price Money. Mr Price sold or trading in clothing and footwear. Exhibit P37 showed that Mr Price has 1,205 shops in South Africa. Exh. P37 (second and third images) showed the kind of commodities, Mr Price sell as he described as clothing and footwear. Mr Price Home as one of the subsidiaries limited was Mr Price Home and sells homewear and furniture. Exh. P37 was the logo of Mr Price Group Limited Company. The subsidiary of Mr Price Group Limited was Mr Price Home. Exh. P36 the name on top of that document the company intellectual property was the name Mr Price. Ms Nabilah suggested to PW21 that the business of Mr Price Group Limited was limited only to “Financial Services and Credit Provider”. PW21 said no as he said Mr Price subsidiary which provided this service was Mr Price Money.
     
914. Nabilah asked PW21 questions about telephone transcripts between Alal, Taibur, Kamrul and Shohag on the one hand and Somon Sekdah and Nabilah on the other. She aske PW21 whether he was asked to obtain these sources of information, PW21 answered that he was not asked to look at these materials. He did not receive any request for these transcripts and it was not necessary. Nabilah asked PW21 whether he had taken photographs of the construction site opposite Tana Russet for the purpose of his office. PW21 answered no, he did not take photographs. The police investigations did not yet start at the time he visited the construction site. He said it was not necessary to take the photographs or pictures as suggested by Nabilah. Nabilah asked questions of PW21 about the interactions he had with Somon Sekdah and Nabilah. PW21 answered yes but he clarified that they occurred before the investigations started. The fact that he talked to Nabilah before the investigation would not form part of his evidence as at that time Nabilah was not yet a suspect. PW21 was asked to clarify one of his answers when he said he had come to know many of the genuine investors in this country. He explained that by the expression “genuine investors”, he meant investors who came invest in this country and operated their businesses according to law and regulations of this country.
     
915. PW21 (Police Sergent Willie Rexona) was challenged in his evidence as he knew both Nabilah and Somon and was interacting with bothbefore the investigation in this case. I accept his evidence that he was talking and was interacting with Nabilah and Somon before the investigations in this case and he was not using or going to use any of their interactions as evidence to this case as at that time, Nabilah and Somon were not suspected of any offence. He is a credible Interpol police officer.
     
916. Herve Kasten was the twenty secondth and the second last prosecution witness (PW22). Herve Kasten gave evidence to this effect. He was 51 years of age, resided at Freshwater 1 and employed by the Public Service Commission in the Labour Department for 20 years. He was the senior labour officer responsible for issuing work permits. On 21 May 2018, he was appointed Deputy Commissioner of Labour by the Public Service Commission which was effective 31 May 2018. The Commissioner of Labour was John Tasso. He was responsible for looking after the administration of the Department of Labour as well as any instrucitons coming from the Commissioner of Labour. During his tenure as a Senior Labour Officer he was in charge of work permit unit, to properly screened any work permit, the control of any non-citizen who worked in a company to make sure all non-citizen have their counter-part provided them with a proper training plan.
     
917. For the purpose of this trial, the normal process that a non-citizen individual or company would follow in order to obtain a work permit, were to abide by the requirements contained in the Labour Department’s list. These requirements would depend on the type of working permit. The Labour Department (LD) could issue three (3) types of work permits. The first, is an exemption of work permit for a period of 1 week to 1 month; the second type is for 4 months which is a temporary permit; and the third is a valid permit for 12 months. So the valid 12 months is the permanent valid permit. PW22 insisted that although it was called permanent work permit, it was only valid for 12 months. The application of these different types of work permits may be done in a progressive way. This meant that one could come in, applied for a temporary permit and during the duration of that temporary permit, applied for a valid permit. The commissioner or an acting commissioner decided any approval be made in respect to any application for permit. As Deputy Commissioner, PW22 had a role in the review of any application for permit but authorization form the Commissioner of Labour. The man power unit of the Labour Department verified whether a particular application complied with the requirements of the labour. In May 2018, PW22 was looking after that unit. He had undertaken on site visits inspection of the location where people who have been granted permits were working or resided. During these inspections he was looking to check and verify for people who having applied for technical positions, they must have occupied these positions. In assessing the non-compliance of these technical positions, in the vent that the non-citizen did not comply with a position that the company had applied for, then, the DL would impose a spot fine (penalty).
     
918. The effect of those spot fines on a temporary work permit was that the Commissioner of Labour would revoke these temporary permits. PW22 testified that on 21 May 2018, the Labour Office had received applications for 21 Bangladeshi citizens who worked at Mr Price Company’s work site opposite Tana Plaza. Nabilah Bibi submitted the 21 applications for the 21 workers. The applications made by Nabilah on behalf of Mr Price were in accord with the requirements of the check list regarding the 21 applications. But when they went on the worksite of Mr Price and checked and verified the compliance with the technical position of the workers, the non-citizens workers there were not in accord with the applications. They were contrary to the technical positions the Mr Price Company applied for. They applied for technical position that the company had applied for and that a local ni-Vanuatu did not qualify to occupy the position. However, at the site visiting at Mr Price company work site, all the work that there people had been doing any ni-Vanuatu citizen could do the work. Some of these Bangladeshi people who were said to be technical, pushed wheelbarrows, others used shavels and spades the types of works ni-Vanuatu citizens could do these.
     
919. The work permits were granted at the time of applications. But after the inspection of Mr Price company work site opposite Tana Plaza, all work permits previously granted, were revoked by the Commissioner of Labour. Exhibit P3 ws a letter from the Acting Commissioner of Labour dated 1 June 2018 addressed to the Chief Executive Officer of Mr Price. This letter of 1 June 2018 revoked the 21 temporary work permits granted on 22 May 2018. A temporary work permit was granted for 4 months. The letter of 1 June 2018 was not for the purpose of revoking permanent work permits as none had even been granted but for the 21 temporary work permits granted on 22 May 2018.
     
920. The letter of 1 June 2018 contained the names of the 21 Bangladeshi workers, their occupations and details; the nature of the work permit was a temporary work permit, for 4 months, covering the period 21 May 2018 to 21 September 2018. Ms Nabilah Bibi had lodged these applications on behalf of Mr Price Company and she had provided the PW22 with the details of the workers. Ms Nabilah submitted the applications on behalf of the 21 workers contained in the commission’s letter. The application forms were submitted by Ms Nabilah Bibi.
     
921. In Exhibiti P3 (page 13) the first name on the list was Mushaed Miah. The top part of that page the applicant or agent had to fill it out. Here, Nabilah submitted this document. The other part o fthe document was about the employer details. The legally registered employer was Mr Price. The trading name was Mr Price. The next part of the document was the names of the company owner(s). Here, Buxoo Nabilah bibi 30% and Somon Sekdah 70%. In the middle of the next page, it contained a certificate of the truthfulness of the information contained in these documents. There were 2 spaces where an applicant or an agent could sign the certificate. On the document, what was signed was applicant certificate. PW22 was asked to read that declaratory statement and he read it: “I, Buxoo Nabilah, declare that the above information is true to my knowledge ...” Nabilah signed there. The date was 26 September 2018. The next document was the application form with different sections. Part 1, Section 1 contained the handwritten reason to implement a non-citizen worker’s qualification in the operation of furniture machine. The proposed occupation of the non-citizen was for technician auto machinery. Part 2, Section 2 referred to the employee Moshaed Miah. It was about the trade, occupation or profession of the employee, technician auto machinery. The passport details of the employee. The next page was about a letter from the Immigration Department to the Acting Commissioner of Labour dated 2 February 2018. That particular document bore the name owner Mr Price on the very top as his letterheard. That letter was from Mr Price to the Department of Labour dated 26 September 2018. The first three sentences I nthe first paragraph read: “Application for 1 year work permit. This is to certify that I Moshaed Miah is currently employed by Mr Price as technician auto machinery. He will prove to be a good citizen while in Vanuatu and he will make sure that at any cost he will not dependent on the government of Vanuatu. Below attached the details of my company and also attached all these required documents for you to be able to process my application”. Mr Price signed this letter. The next document was about Moshaed Miah and his qualification and his qualification, it was said that Moshaed Miah’s course was completed in Hazi Abdul Hossain Institute of Technology at Mr Price Bangladesh Limited at Mr Price @outlook.com phone number 772 4246.
     
922. The next set of document was about the employment contract which started with the word: “Mr Price hereby employs ... Miah Moshaed in the position of Technician auto machinery”. The contract was signed by the employee Miah Moshaed and the employer Buxoo Nabilah Bibi, the Managing Director.
     
923. Tutul MD Hasan was the second on the list. PW22 confirmed Mr Tutul’s application and his details on the application. The rest was similar to the applications of the previous employee (Moshaed Miah). Ms Nabilah Bibi had completed the applicant’s declaration of truthfulness of information and she had signed that declaratory statement. The employer was Mr Price. The reason for the employment of non-citizen worker was machinery operator for furniture. The proposed occupation of non-citizen was to be technician auto machinery. The details of employee qualification were that Tutul Md Hasan’s course was completed in Hazi Abdul Hossain Institute of Technology. The reference was Mr Price Bangladesh Limited. The employment contract read: “Mr Price Company operating opposite Tana Russet Plaza, Port Vila, does hereby emply MD Tutul Hasan in the position of technician auto machinery”. The contract was signed by Tutul Md Hasa, the employee, and Buxoo Bibi Nabilah, the Managing Director or Mr Price.
     
924. The third on the list on the letter of 1 June 2018 was Rana MD Shohel. The application was lodged by Nabilah Bibi. The name of applicant was Rana MD Shohel. The rest of the documents were similar to the previous two (2) documents. The next relevant page contained the declaration by Nabilah of the truthfulness of the information and it was signed by Nabilah. The details of the employee were that he was qualified accountant for all workers. On the work experience, the employee would be Mr Price accountant. He had his course completed in the National University of Gazipur, First Class. Other references were from Mr Price Bangladesh Limited.
     
925. Muinul Hasan was the fourth on the list with an application given for work permit. This document was produced by Nabilah Bibi to the Department of Labour for work permit of that person. As to the details of work permit, like previous applications, a declaration of truthfulness of information had been made by Buxoo Nabilah bibi. She had also signed the declaration. Hasan Muinul’s work experience was said to be Mr Price General Manager. Muinul Hasan had his course completed in Babuganj Infra Polytechnic Institute. Other reference was Mr Price Bangladesh Limited.
     
926. Jabbar Abdul was the fifth on the list. His application for work permit was lodged by Nabilah Bibi. Like other documents, Buxoo Nabilah Bibi had completed a declaration about the truthfulness of this information and she had signed the declaration. On the details of the employer, the reason for employment of non-citizen was that the non-citizen was qualified for operation of furniture machine. The proposed occupation of the non-citizen worker would be technician wood machinery. Under work experience, it was stated, Mr Price technician wood machinery. Had course completed in Tangail Polytechnical Institute. Other reference was Mr Price Bangladesh Limited. The employment contract was signed by the employee, Jabbar Abdul and Buxoo Nabilah Bibi a Managing Director of Mr Price.
     
927. Masum Mia was the sixth on the list. Nabilah Bibi produced a document applying for work permit of Masum Mia. Other details in this document were similar to the other applications. Nabilah Bibi provided a declaration of truthfulness of the information. Nabilah bibi had also signed that declaration. On the details of the employer (the employing company) the reason for employing non-citizen was said to be technical electrician for all the machines given by the company. The proposed occupation of the non-citizen worker would be technical electrician. Masum Miah’s work experience was said to be from Mr Price Technical electrician. The qualification was said to be course completed in BIT Polytechnic Institute. Other reference being Mr Price Bangladesh Limited. PW22 stated that in his work when he had received application for work permit he had never come across position such as technical electrician. The next page of the document was the employment contract signed by the employee Masum Mia and Buxoo Nabilah Bibi, the Managing Director of Mr Price Company.
     
928. Nadim was the seventh on the list. Nabilah Bibi submitted application for work permit. Other than the name everything else was the same as the previsous documents shown to PW22. The reason that the employer stated for employment of non-citizen worker was qualified machine operator technical. The employer said the worker was a technical engineer. PW22 stated he had never come across this type of position described as technical engineer. The reference of occupation was technical engineer. Nadim’s work experience was said to be Mr Price technical engineer. His qualification was course completed in Tangail Polytechnic Institure under the reference of Mr Price Bangladesh Limited. The employment contract was signed by the employee Nadim and Buxoo Nabilah the Managing Director.
     
929. Jahidul Islam was the eight on the list of the application for work permit submitted by Buxoo Nabilah Bibi. Other than the name, other details were the same as other documents submitted earlier. There was a declaration provided by Nabilah Bibi and she had signed that declaration of truthfulness of the information provided. The employer register of non-citizen of Nadim said wood carving auto machine. The contract of employment was signed by the employee Jahidul Islam and Nabilah Bibi, the Managing Director.
     
930. Nazrul MD Islam was the nineth on the list of the application for work permit of the application for work permit submitted by Buxoo Nabilah Bibi. Other than the name Islam MD Nazrul with the right spelling, all other documents were the same as the previous applications. A statement of declaration of truthfulness of information provided therein was provided by Nabilah Bibi and signed by Nabilah Bibi. The employment contract was signed by the employee Islam MD Nazrul and Buxoo Nabilah Bibi, the Managing Director. It was stated “Mr Price a company operating opposite Tana Russet, Port Vila, does hereby, employ Islam MD Nazrul in the position of wood carving auto machinery”.
     
931. Nazrul Mohammed Islam was the tenth on the list submitted by Nabilah bibi for work permit. Nabilah provided a declaration of truthfulness of the information provided therein and Nabilah also signed the said declaration statement. The statement of occupation of Aslam Nazrul Mohammed was said to be technical engineer. The contract of employment was signed by the employee, Nazrul Mohammed Island and Nabilah Bibi as the Managing Director.
     
932. Parvez Mohammed Masud was the eleventh on the list. Nabilah Bibi submitted the application for work permit of this worker. Other than the name, other details contained therein were the same as int eh previous documents. Nabilah Bibi provided a declaration of the truthfulness of information provided therein and she had also signed that declaration statement. The reason for the employment of non-citizen was to be head of wood and furniture designer. All the furniture machinery (“manages all furniture making”). The employer said of the non-citizen occupation to be Head of wood and furniture designer. The qualification was to be course completed in Infra Polytechnic Institute. The reference was Mr Price Bangladesh Limited. The application bore Mr Price’s stamp. The contract of employment was signed by the employee and Nabilah Bibi the Managing Director.
     
933. Jamadar Sojol was the twelfth on the list. Other than the name, other information was the same as in the previous similar documents submitted. Nabilah provided a declaration as to the truthfulness of information given there under and she signed the declaration. The employer said the reason for employment of non-citizen worker was qualified furniture machinery operator. The employer described the occupation of the employee as wood and furniture cover and designer. The experience of this person was Mr Price wood designer. The qualification was the course completed in Infra Polytechnic Institute Babuganj. The reference used was Mr Price Bangladesh Limited. Mr Price’s stamp was used there. The employment contract was signed by the employee and Nabilah as the Managing Director.
     
934. Howlader Amir Hossen was the thirteenth on the list. Apart from the name, other documents were the same with documents submitted thereunder. Buxoo Nabilah Bibi provided a declaration of truthfulness of information contained in the application and Nabilah signed the said declaration. The reason of employment of non-citizen worker was qualified carving experience person. The proposed occupation was wood and furniture carver designer. On the qualification, it was said the course was completed in Infra Polytechnic Institute. The email address, physical address phone number and stamp were similar to the same type of documents submitted in the previous applications. The employment contract was signed by the employee, Howlader Amir Hossen and Nabilah Bibi the Managing Director. Nabilah said Howlader Amir Hossen work experience in wood and furniture designer. Nabilah said Howlader Amir Hossen was qualified in Infra Polytechnic Institute. However, the education backgroup provided by the victim Howlader Amir Hossen was class 8, spare parts businesses.
     
935. Sayed Abu was the fourteenth on the list. Nabilah submitted the application for work permit for this person. Apart from the name, every other document shown was similar to the previous documents. Nabilah provided a declaration of truthfulness of information and she had signed that declaration. The employer said the reason the employment of non-citizen worker was qualified designer for the furniture. The employer said the proposed occupation of the non-citizen worker was wood and furniture department designer. The employee (Sayed Abu) and the employer Nabilah signed the employment contract as the Managing Director. The format of this document ressemble of the previous documents. Sayed Abu’s work experience was wood and furniture designer department. He completed his course in Tangail Polytechnic Institute. Those above were provided by Nabilah Bibi. But Sayed Abu himself provided his education background as at primary school level. The previous employment the victim used to do was owned a chicken poultry business.
     
936. Kawsar MD was the fifteenth on list. Apart from the name, everything else on that document was the same as in the previous documents. Nabilah provided a declaration of the truthfulness of the information. She has also signed the declaration. The reason for employment of non-citizen was qualified operator of furniture machine. The work experience ws stated there, Polytechnic Technician. PW22 said as an officer of LAbour, he did not know what a polytechnic technician do. He did not come across such application of work experience. Kawsar MD was qualified for in Infra Polytechnic Institute. Given his role in the Department of Labour, he did not know this kind of Institute Infra Polytechnic Institute. The reference was Mr Price Bangladesh Limited. As he was dealing with an application for Mr Price here in Vanuatu, he did not know there exist a Mr Price Bangladesh Limited. The employment contract was signed by the employee Kawsae MS and the employer Nabilah the Managing Director.
     
937. Amin AL was the sixteenth on the list. Nabilah submitted his application for work permit. Nabilah provided a declaration of the truthfulness of the information contained in the document and she had signed that declaration. Amin Al work experience described him as wood carver furniture designer. His qualification stated that he had course completed in BIT Polytechnic Institute. However, the employee (Amin AL) said of his experience as a businessman based on Exhibit P9. The victim said of his qualification to be of class 8. The employment contract was signed by the employee (Amin AL) and Nabilah the Managing Director. Mr Price stamp appeared on the document.
     
938. Rafique was the seventeenth on the list. Nabilah Bibi submitted the application or this person for work permit. The coument contained a declaration of truthfulness provided by Nabilah Bibi and Nabilah Bibi signed that declaration. That document was about Rafique. Nabilah said of work experience of Rafique of being technician auto machinery. On the papers, Nabilah described the qualifications of Rafique as course completed in Tangail Technical Institute. The employment contract was signed by Rafique and Nabilah the Managing Director.
     
939. Hasan MD Kamrul was the eighteenth on the list. Nabilah submitted Kamrul’s application for work permit to the Department of Labour. Nabilah provided in the application a declaration of the truthfulness of the information contained in the document and Nabilah singed that declaration. Apart from the name, that part ressembled what PW22 described in his earlier evidence as Curriculum Vitae (CV). Nabilah described Hasan MD Kamrul as technical engineer training as his work experience. He was said to be qualified as course completed in Hazi Abdul Hossain Institute Technology Diploma.
     
940. Miah Firoz was the nineteenth on the list. Nabilah submitted the application for work permit for Miah Firoz to the Labour Department. Nabilah provided a declaration as to the truthfulness of the information contained in the documents and she had signed the said declaration. PW22 confirmed the format ressembled to what he described as CV in a document in his previsous evidence. Miah Firoz was said to have experience in Accounting Department. Nabilah provided this person’s experience as accountant. Miah Firoz described him at Exhibit P9 as a student. Nabilah provided the qualification of Miah firoz as course completed in Tangail Polytechnic Institute. The vicim described his qualifications as High Secondary School Certificate (HSSC).
     
941. Rahman Shahidur was the twentieth on the list. Nabilah provided an application for work permit for this person as non-citizen. Nabilah provided a declaration as to the truthfulness of the information contained in the application. The reason given by the employer (Nabilah Bibi) for the employment of the non-citizen worker, head of technician engineer. The employment contract was signed by the employee and Nabilah the Managing Director. The format for Rahman Shahidur was similar to what he described in a CV. Rahman Shahidur’s work experience was described in that document as Head of wood and furniture design. The victim provided his work experience as NGO lending scheme. The qualification of his person provided by Nabilah was BIT Tangail Institute. However, Rahman Shahidun described himself his qualification as secondary school level.
     
942. Rana MD Rubel was the twenty firsth on the list. Nabilah provided an application for work permit for this person to the Labour Department. The name Rana MD Rubel appeared in this application which his details. Nabilah provided the declaration as to the truthfulness of the information given in the application for work permit to the Department of Labour. Nabilah had signed that declaration. Nabilah described Rana MD Rubel’s work experience as technical engineer. His qualification was described as course completed in BIT Tangail Institute. The employment contract was signed by the employee (Rana MD Rubel) and Buxoo Nabilah Bibi the Managing Director. The stamp of Mr Price appeared there on that application. The 21 documents were tendered as Exhibit P39 (1) – (21).
     
943. PW22 stated that in light of his evidence and the controversies, the Department of Labour came and enquired of the information provided by Nabilah Bibi. The Department of Labour came to verify the information through a screening process. He said the Departnment of Labour attempted to verify the occupation of employees submitted by Nabilah. The Department of Labour did so through the check list form. That was the only process the Department of Labour had to verify the correctness of the information. The Department of Labour did not go further to obtain proof of the information relying on the declaration.
     
944. PW22 was referred to John Tasso’s letter of 1 June 2018, Exhibit P3 on Moshahed Miah. According to that letter the occupation of Moshahed Miah provided by Nabilah Bibi was technician auto machinery. On Exhibit P9 the part related to Moshahed Miah, the work experience of Moshahed Miah provided by Nabilah Bibi was technician auto machinery. Based on Exhibit P9, the previous employment provided by the victim (Moshahed Miah) was Poultry Farm Business. PW22 said he did not ask Nabilah to given the proof of the worker Moshahed MD Miah. He accepted that if he had made enquiries he could have accurate information about the victim work experience in Poultry Farm business.
     
945. Mr Miah Moshahed who was a witness in this case, sat in court and had provided the prosecution with a copy of his registration of his poultry business with the relevant Bangladeshi Government Department. That document was handed up. It was in Bangla language. The translation of that registration of Poultry Farm Business was as follows: “People Republic of Bangladesh Government. District Agriculture DEpartnment Tangail Document no. 739. Date: 9 November 2015. Registration Number:/1258. Subject/Chicken Farm Registration. Hereby (Farm Name) – Messrs Moshahed Poultry Farm Proprietor – Mohammed Miah. Father Mohammed Azim Urdin. Mother: X. Village: Pasarchala Koliya. Post Shokipur. District Tangail. Chicken Farm (Business Farm). Registered. Registration No. LC/1258. 9 November 2015. District Agriculture Department Tangail. If they do not cancel this registration, the registration will be 5 years. Signatures of: Doctor Binoy Kumar Nag. District Agriculture Officer Tangail. 9 November 2015. Stamped.” MFI (6).
     
946. Based on Exhibit P9, Nabilah provided as qualification for Miah Md Moshahed Institute of Technology, Exhibit P39(1), document headed Mushahed Miah, that document ressembled to the document PW22 suggested earlier as a CV. It had a stamp of Mr Price at the bottom of the page. That document said of the qualification of Moshahed Miah of course completed in Hazi Abdul Hossain Institute of Technology. In Exhibit P9 where the details of Miah Moshahed were shown, the victim himself (Miah Moshahed) said his qualification was higher secondary certificate (HSC). This certificate was awarded by the Bangladesh Technical Education Board Dakha. It was awarded on 4^th November 2013. The registration number of the certificate was: 280238. The father’s name on the certificate was: MD Hazim Urdin, MFI (7).
     
947. Based on Exhibit P3 re: John Tasso’s letter of 1 June 2018, the list of 21 workers, their temporary work permit expired (all of the 21) on 21 September 2018. PW22 evidence was that there was no valid work permit granted to these 21 workers, if anyone of non-citizen did not obtain a work permit from the Department of Labour, whether temporary or valid, that person was not lawfully permitted to work in Vanuatu.
     
948. PW22 was not cross-examined by Mr Livo. He was cross-examined by Mrs Nabilah Bibi and re-examined by the prosecution.
     
949. Mrs Nabilah asked PW22 to agree that when Mr Price construction site was on PW22 visited the site when the temporary work permit were in place. The temporary work permit was from May 2018 to September 2018. PW22 inspected or conducted inspection on the site on 28 May 2018. His finding was that the temporary work permit was actually revoked on 1 June 2018 based on the letter of John Tasso, Exh. P3. The period of temporary work permit did not continue after 1 June 2018 because of that revocation.
     
950. On or about May 2018 – September 2018 there had been broken period when the permits were not available within Mr Price. In respect of Hasan MD Kamrul, Nabilah asked question in relation to the period May 2018 to December 2018. And in the light of the letter of John Tasso of 1 June 2018, all the temporary work permits expired on 22 September 2018. So any work after 21 September 2018 would have been unlawful because it was carried out without a work permit. Nabilah asked question to PW22 referring to a document resembling a CV of Hasan MD Kamrul under the work experience in reference to Mr Price engineer trainee and there were 2 dates – May 2018 and December 2018. Ms Nabilah suggested the work experience related on to that period (May 2018 – December 2018). PW22 answered yes. However, whether further asked to clarify his answers based on his evidence and the Tasso letter any work from 22 September 2018 to December 2018 would have been unlawful. PW22 agreed.
     
951. On the document resembling a CV and on the point of “work experience”, in reviewing this kind of documents, it related to the past work. PW22 accepted that temporary work permit expired on 21 September 2018 and that it would be reasonable to expect Mr Price in order to extend its work at the construction site to have lodged an application for varied licence, varied for 1 year before the expiry of temporary work permits on 21 September 2018, or any date close to 21 September 2018. PW22 said these applications for valid licence were not lodged with the Department of Labour.
     
952. The date of the declaration of truthfulness of the information in the application was 26 September 2018 as this was the date the application was lodged. PW22 accepted that any reference to work experience after 26 September 2018 could not be regarded as past work experience. Nabilah suggested MD Hasan Kamrul was technical engineer trainee, PW22 understood that and expected that a technical person would do technical work. He did not see anybody did any type of work of technical engineer in his earlier evidence when he visited the site. Nabilah asked questioned to PW22 based on Exhibit P39 (1) and when she asked questions on Moshahel Miah as technician auto machinery, that question was on the work described in the period of May 2018 to September 2018. PW22 said he would have expected anyone doing the work of technician auto machinery to do that technical work. On 28 May 2018 when he went on down to the construction site, he did not see anyone operating an auto machinery at the site. That was the rational for recommending the revocation of work permits.
     
953. Nabilah challenged PW22 on the aspect of qualification on Exhibit P 39(18). Nabilah suggested to him that the word below qualification related to institute or names of institutions but not qualifications. The prosecution asked PW22 to clarify his answers taking the last word “Diploma”. It would be reasonable to suggest that that line was not only related to institution but also with qualifications. PW22 agreed.
     
954. PW22 (Herve Kasten) is a genuine and credible witness.
     
955. John Bihu was the twenty thirdth and the last prosecution witness (PW23). He was a police constable working at Transnational Crime Unit since 2 years. He was part of the team who investigated this case. He accepted that this was a specific case as it was about the money that the victims brought in the country. In 2017, the victims brought in the country an amount of US$217, 146. He could not recall of all the names. The names of the people carrying money in the country were in his statement. PW23 had the record with him and he was allowed to refresh his memory. In 2017, 24 victims carried US$146,000. Of the 24 people who brought money in the country in 2017, 5 following victims gave evidence in this trial: Abdul Jabbar, MD Shohel Rana, Jamal Hossen, Ashraful Islam, and Ruhul Amid. In 2018, 53 people came from Bangladesh through India to Vanuatu. They brought in Vanuatu an amount of US$244,700. Among the 53 people, following gave evidence in this trial:- Mohammed Shahahat Hossain, Shahitur Rahman, Harun Rachid, Shabus, Shakip Hamed, Robel Miah, Jahirul Haque, Mustafizur Rahman Shahine Kan, MD Kamrul Hasan Miah, MD Mehedi Hasan. These 9 people mentioned had brought in Vanuatu US$39,600. Among 24 people in 2017 also brought US Dollars in the country in 2017, the 5 people who gave evidence brought in the country US$29,000 in 2017.
     
956. John Bihu was cross-examined by Mr Livo and Ms Nabilah but not re-examined by the prosecution. He accepted he made his statement on 3 February 2020. He could not remember he was present in court previously when the trial started. He was asked about a number of victims he said they gave evidence, he could not recall or was not so sure. It was put to him that all the evidence he gave the court were not accurate, he replied all the information were from the investigations records. He was challenged that he never provided any endorsements or receipts of the money exchanged. He replied other officers were responsible to this aspect of the case.
     
957. PW23 (John Bihu) is a credible witness.
     
958. That is the end of the prosecution case and evidence. The court is satisfied and ruled that there is a prima facie case made out against each and all 4 Accused persons. The court then explained to each accused person the accused’right to remain silence in any criminal case because as in any criminal trial, the duty is on the prosecution to prove the case on beyond reasonable doudt from the start to end against each accused and that that burden has never shift to the defence. And that if each or any decides to exercise his or her right to remain silence, the court is not going to hold that against each or any who exercices that right. The accused persons indicated their intention to give evidence and to call witnesses. The court, then, directed each of them to put forward his own defence (ss. 88 and 164 (1) Criminal Procedure Code Act).
     
2. Evidence of Somon Sekdah [D1]
   
959. Somon Sekdah appeared in person and defended himself in this trial despite advice by the Court. Somon Sekdah had exercised his right to defend himself. The Court assisted him by directing him to put his evidence in writing by a written statement filed on 04 May 2020. Before the statement was accepted, Somon was asked to go through and cross-checked the content. The prosecution also had to indicate if the prosecution is objecting to any part or paragraph.
     
960. Somon Sekdah had filed a written statement containing 238 paragraphs as his evidence in chief. The following paragraphs were excluded:
     
     • Paragraphs 32, 33, 34, 35, 36 and 37;
     • Paragraphs 69, 70, 71, 72, 73, 74, 75, 76, 77, 78 and 79;
     • Paragraphs withdrawn by Somon Sekdah:- 113 and 114;
     • Paragraphs objected to and excluded:- 115, 116, 117, 118, 119, 120, 121, 122, 123, 128, 130, 131 and 132;
     • Following paragraphs are partly excluded:- 137, 142, 143, 145 and 146;
     • Following paragraphs are said to be not relevant by Somon Sekdah and so excluded: - 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237 and 238.
       
961. What follows is the written evidence in chief of Somon Sekdah.-
     
962. His name is Somon Sekdar and he was born on the 12^th of January 1983.
     
963. His mother’s name is Soney Begum and my father’s name is Sabre Amhamad.
     
964. His country of birth is Zimbabwe and he is married and follows the Muslim faith.
     
965. He completed Graduation of fashion design in 2001.
     
966. He worked for PEP Company LTD – Fashion Design in year 2001.
     
967. From 2005 until recently he set up his own business in exporting and importing merchandise (Homeware, clothing, electronics and food items).
     
968. In 2008 he started a business purchasing clothing from a company in Bangladesh.
     
969. In 2009 he met a gentleman by the name of Mr Barek who came to his office with some clothing sample to show them to him. He said that he was a clothing supplier from Bangladesh and wants to do business with him. He was living in Cape Town, South Africa.
     
970. In 2009 about 3 months later, he called him and placed some orders to be supplied in one 20 FT container. This was clothing only from his stock load.
     
971. In 2012 since then after 3 years of doing business with Mr Barek, he got to know other suppliers in Bangladesh. He started developing some deals with these new suppliers also. He found that they have better quality clothing for a good price and they are very committed to supply on time.
     
972. In 2013 he bought half of share with a clothing factory in Bangladesh and went into partnership with a Bangladeshi. In 2016, he sold out his share of business to his partner.
     
973. In the same year (2016), he opened up with another partner in Bangladesh. The company is involved in manufacturing of various goods as well as importing and exporting.
     
974. They have distributing network around the world. To present, the company still operating under existing partnership.
     
975. Later in 2016, he decided to venture into the pacific with intention of starting some business in the area. So in 2017, he started a company in Vanuatu.
     
976. The plan to base himself in Vanuatu was to set up a wholesale and retail market and carry out some manufacturing of products. These products would be distributed throughout the neighbouring countries with the pacific regions.
     
977. He first came to Vanuatu in 2013 with some business colleagues as visitors. Then on 20^th April 2017, he came back to Vanuatu with his wife Nabilah and along three others, Shohag, Musaraf and Palas.
     
978. These 3 gentlemen were all Bangladeshi Nationals. He waited for his wife in Singapore because at that time he was in Singapore.
     
979. He met her in the airport. And they waited for the flight from Singapore to Fiji. He remembered only he went through the boarding passes counter and he remembered that the rest were waiting in the transit lounge.
     
980. Then he bought some food in McDonald and then he invited the 3 gentlement to join him and Nabilah. Then they took the flight from Singapore to Fiji and in Fiji they never went through immigration, they stayed back in the transit area.
     
981. Then they took a flight with Fiji airways from Fiji to Vanuatu. When they reached in Vanuatu, he hired a Taxi and they went to a lodge by the name of Entani Lodge.
     
982. When they reached in Entani Lodge, he took Nabilah to Au Bon Marche and they bought necessary groceries and then they came back, Nabilah cooked for all of them.
     
983. But he could not stay longer in that lodge because the other guests were cooking pork in the kitchen and he could not eat in the kitchen that was why Nabilah found another property in Belle Vue and then they all moved there.
     
984. In 2017, whilst in Vanuatu he registered and opened up a company. The company name was Mr Price. Nabilah and he filed the application of registering an entity in Vanuatu after submitting all relevant and required documents to the VIPA and VFSC.
     
985. And on or around June 2017, he received the approval from VIPA to start a business in Vanuatu and the license was valid for one year and after a year the approval must be renewed in advance before it is expired.
     
986. Prior to coming to Vanuatu he had discussed his construction plan with his partner, Mr Ripon Sarkar in Bangladesh. His Partner in turn introduced him to Mr Sharif, who owns a building construction company.
     
987. He contacted Mr Sharif, about his plan and he requested the details of his project about the size of land, type of building, number of shops and what sort of market he would like to have.
     
988. He informed him that he did not have such details yet, so they agreed that he would contact him when he has all this information available.
     
989. Mr Sharif then referred him to Sohag who came to Vanuatu with him on 20^th April 2017, along with two other gentlemen.
     
990. Their tasks were to carry out initial investigation works on his project and to relate this information back to Mr Sharif. Mr Sharif used this information which was sent by Sohag to do a preliminary design and costs estimate of the material to be brought in from Bangladesh.
     
991. Mr Sharif later informed him that from now onwards he would be dealing mainly with Sohag.
     
992. Back in 2017, he leased a block of land through LJ Hooker. Then He gave the details to Sohag. Before Sohag could be engaged to carry out further works on this project, certain conditions would be needed to agree upon.
     
993. On or around August 2017, he travelled to Myanmar through Singapore. The purpose of his travel was only to buy products needed here in Vanuatu.
     
994. He remembered he had great deals on machines like drill machines, wood cutting machines, hair dryers, electronic stoves, irons and other related materials. He had some meetings which occurred with some suppliers at that time.
     
995. After those shopping he bought some suitcases to put all the stuffs bought. He remembered he brought Parvez Masud with him for shopping because Shohag informed him that Parvez would be one of the 21 workers who would work for the prescribed project.
     
996. He does also remember that he paid excess baggage with Myanmar International Airways and Fiji Airways.
     
997. At that time in Myanmar there were 7 people who travel all the way from Bangladesh to Myanmar. They were Hossain Anowar, Mohi Uddin, Monir Islam, Somon Miah, Nazrul Islam, Saiful Islam, and Parvez Masud.
     
998. He came to know later that Mohi Uddin was recruited by Sohag. And Parvez Masud was recruited by Nure Alam who claimed to be a victim today. Then He will refer to P8 the first page of the document, Group 3 was escorted by Somon. The prosecution’s exhibit will speak to itself how and by who the witnesses claimed to be victims were recruited.
     
999. On the way back, he was flying with Myanmer International Airways and Fiji Airways. He had a connecting flight and he remembered when he reached at the airport, Taibur took the 7 people to the counter and facilitated them to go through all the process.
     
1000. After obtaining relevant boarding passes, they headed for Singapore. After arriving in Singapore, they stayed back in the transit area and he bought some food and he invited the gentlemen from Bangladesh to have the food with him.
      
1001. Then they boarded flight FJ360 to Fiji. When they reached Fiji, they stayed in the transit area and he bought food and they shared among them.
      
1002. They had a transit around 6 – 7 hours before taking the next flight to Vanuatu. Then they headed for Vanuatu.
      
1003. The immigration officer asked him where is he going to stay and he answered that he was going to stay in Tassiriki and others also are going to stay with him at Tassiriki.
      
1004. Parvez Masud’s told him to tell the immigration that his brother was staying here in Vanuatu. He understood that his brother was Nure Alam.
      
1005. On or around 2017 he rented a house in Pango. The property had 2 houses. He will refer to P4 page 10. He rented the property from Brian Stephens C/- LJ Hooker. At the same time, He rented another property from LJ Hooker.
      
1006. The property is located at Narpow Point. The workers that came from Bangladesh through Sohag were manufacturing furniture in Narpow Point.
      
1007. Musaraf was the supervisor at the Narpow Point property. Sohag had allocated Musaraf as the supervisor.
      
1008. His initial plan and target was to open a departmental store market with numbers of shops selling out different products such as clothing, shoes, accessories, souvenirs and many more stuffs.
      
1009. These ideas were already being discussed and finalized prior of applying for a VIPA approval. But in order to accomplish these, he needed to find a suitable place which he found through LJ Hooker.
      
1010. At the first place he found a plcase beside Unelco also known as the Ex-Club Vanuatu. But he did not know that the property had issues with shares and he had to drop the idea and later on they found a better property.
      
1011. The property is located opposite Tana Russet Plaza. It is a block of land owned by an Aussie man namely Garry Braams. After visiting the property, they and LJ Hooker came with an agreement.
      
1012. And on or around December 2017, work started on the block of land with 6 – 7 gentlemen from Bangladesh given by Sohag. The land was a bared land without anything.
      
1013. He wanted to level the land, thus he took help from Loli Business Enterprise. A locally owned company in Vanuatu where the heavy machines were provided and helped to remove the debris and helped eventually to level the land by taking out excess ground and a truck was also provided to get the excess to dump elsewhere.
      
1014. All the workers working on the site they were full equipped with all safety equipment such as safety vests, safety boots and hand gloves. Work will usually start at 08 00 hrs and ends at 17 00 hrs.
      
1015. The workers would have their breakfast on the field before the start working. They would have breakfast crackers or at all times bread and bananas.
      
1016. The bread was being purchased at La Parisienne Bakery. They would work Saturday half day and then Sunday was a holiday for all of them.
      
1017. At start there were no water supply installed then through Brian Stephens they had made arrangements with Jing Wong who stays next to the property. He was supplying water and at every 3 months he would give his bill to him and he would pay his water bill.
      
1018. That was the arrangements that they made. At all times the workers had water supply on the field. And the workers had gallons, which they used to fill water with and bring on the way coming to work to use for drinking water.
      
1019. Usually at 12 00 hrs they would have their break and their lunch boxes would come from their respective homes. The box would be filled with rice and curries.
      
1020. At first there were takeaways boxes but later when the Government of Vanuatu put a ban on plastic, tiffin boxes were bought and the workers lunches were provided in those boxes.
      
1021. They would usually have 1 hour break every day and within working hours also they would usually take breaks. The supervisors at the working field were Parvez Masud, Muinul and Sohag. He would usually visit the working site every day.
      
1022. Later back in 2018, Unelco installed and fixed electricity and water supply after Mr Price and Unelco signed an agreement. The water metre was installed on the property. At that time Pacific Suppliers also supplied a portable toilet.
      
1023. It was rented only for the workers who were working on the construction site. Their needs were being cater at all times through Sohag, Parvez Masud and Moinul.
      
1024. On or around 31^st December 2017, Nabilah and he prepared a get together with everyone present at that time in Vanuatu. As far as he remembered there were roasted chickens and many more things prepared that day for everyone.
      
1025. He remembered he also bough fire crackers for everyone to have the chance to light. Sometimes before 12 00 hrs, he took Mito, Tonima, Nabilah, Noah and others he cannot remember to Tassiriki, and there every gentlemen from Bangladesh light the firecrackers and everyone enjoyed at their most. Everyone was happy at that time.
      
1026. At or around end of December 2017 or the first week of January, Nabilah and he contacted Brian Stephens from LJ Hooker for a new property. He took them to a property at Elouk Plateau, Hilltop estate.
      
1027. Where Mr Roy Simeon and his wife, Mrs Vicky Simeon was there and they were cleaning the property. Then he talked to Roy Simeon and told him to speed the work so as they could move in quickly. Within few day they moved in the new house.
      
1028. There were William Obed who is the actually gardener and he also used to look after and clean the swimming pool every week. And then there were another man by the name of Mathew Kaltavara who actually works together with Roy for maintenance of the property.
      
1029. Roy Simeon he was the head of all maintenance. He would look if there was something which is not good or something needed to be fixed he would be there. The house had 4 bedrooms. The master bedroom was used by Nabilah.
      
1030. The second bedroom was occupied by Nure Alam. The third bedroom was occupied by Mito and the guest room was for guests. He usually stayed in either the master bedroom or the third bedroom.
      
1031. At that time each and every day there would be 6 – 7 gentlemen from Bangladesh who would ususally come to his residence to have dinner every day. Not only dinner sometimes breakfast and lunch.
      
1032. When he will usually finish office for the day, he will always invite 6 – 7 of them to come and eat at his residence. He will ask his wife, Nabilah to prepare meals if needed to.
      
1033. They would stay until late night; they would talk, tell stories and tell jokes. He would not have missed out a day without inviting them at home.
      
1034. On or around December 2017, Muinul Hasan talked to him about registering business in Vanuatu. After that Nabilah lodged the application for business names after a meeting with Muinul, Palas, and Anowar VFSC. Nabilah only registered business names but the VIPA for approval certificate it was not Nabilah who lodged but a local owned company in Vanuatu prepared and lodged the application.
      
1035. On or around March 2018, he leased an office space from Caillard and Kaddour. It is located opposite Traverso Boucherie and close to Wilco Hardware at Champagne Estate.
      
1036. The office space was mainly headquarters and the ground floor for the showroom to display products such as chairs, kitchen appliances, home applicances, kitchen utensils, stationaries, melamine, crockeries (Tableware) and many more.
      
1037. The office was managed by his wife Nabilah and her manager, Florence Toka and some gentlemen from Bangladesh namely: Kamrul, Shohel, Muinul and Harun. They would occupy the staff room. Nabilah and Florence would occupy the director’s room.
      
1038. The office was set up with Digicel Wi-Fi and TVL Wi-Fi. Everyone had access to the internet connection. He remembered Nabilah showed him her Facebook account which he was not happy with, he asked her not to use it but she told him that she will use because Harun and Kamrul are advertising about the company on Facebook.
      
1039. She showed him the page Harun has created earlier under the name of Mr Price Vanuatu. That day itself he used the phone of Nabilah and was scrolling and looking what Harun, Shohel and others posted.
      
1040. To his surprise he saw Harun posted few pictures of him and other gentlemen and caption was like training. He saw them also taking pictures of themselves at various places such as the construction site, the office and posted on Facebook.
      
1041. He remembered Nabilah told him that during working hours Kamrul, Shohel and Harun would be online on Facebook. That clearly shows they had their liberty on social media.
      
1042. They were posting themselves every single day every single act was posted in Facebook. Even they came to his residence they would take pictures of the scenery and posted it on Facebook.
      
1043. He remembered during fasting time when they use to take selfies with the pool table and he remembered Nabilah showed him how they were happy when they visited his residence and they posted themselves in Facebook.
      
1044. In the kitchen area in the office it was a small space next to the store room with facilities such as cold water, butter, peanut butter, Milo, milk, coffee, tea and many more. These things were mainly provided for the people working in the office and who would be visiting the office.
      
1045. At night sometimes if he would spend some more times in the office he would remember some of the gentlemen from Bangladesh would come to the office and they would have tea, coffee. He would order bread from La Parisienne Bakery and they all would have that with tea and coffee.
      
1046. They would spend time together talking, laughing and each of them would share own stories and jokes.
      
1047. He would usually have lunch most of the time at the office. He would not have it alone but with the staff of the office and sometimes some other also will join him. Food will come from mhis house and they would share and eat.
      
1048. Nabilah and Florence will buy food for lunch and he remembered Shohel, Kamrul, Harun and Muinul will join them. The office keys will usually be with Muinul Hasan. He will open the office every day.
      
1049. The lunch of the staff will usually come from Tassiriki. A lunch box with rice and curry prepared and packed by the Bangladeshis staying at Tassiriki.
      
1050. He will make the purchase for food items at Rania Investments, Punjas Ltd, Traverso Boucherie, Au Bon Marche and main vegetable market. He will purchase cows at Michael’s farm at Devil’s Point at least 2 per month.
      
1051. It depends on availability of the cow. Some of the Food purchased are as follow:
      
      1. Rania Investments – Rice

Indian spices

Chicken (because Rania provides Halal chicken)

Puffed rice



2. Punjas - Rice (long grain rice)

Bathing soaps for the workers

Washing powder

Spices such as Cardamom, Cinnamon, Black pepper seeds

Indian dholl

Flour



3. Michael’s farm – cows
   
4. Traverso Boucherie – if spices is not available in the above first two shops, spices would be bought at Traverso if available.
   
5. Au Bon Marche – Rice, spices.
   
6. Main vegetables market – vegetables and chillies.
   
1052. He would usually buy the food items and handover to one of the person and that person would usually handle all the food items. He would handover to Sohag or Muinul. When Sohag went back to Bangladesh, He handover to Nasir Uddin, an acquaintance of Sohag.
      
1053. The cows purchased at Michael’s farm were fresh-slaughtered cows. The cows were usually slaughtered sometimes at night and sometimes in the day as well.
      
1054. He will usually go with other Bangladeshis. They will be always 4 – 5 in numbers. Just after Michael will shoot the cow, one of them would go and slaughter according to Shariah Law by saying three time “Allahu Akbar”.
      
1055. Without this process a Muslim will not be able to consume meat. At no point in time he will provide stink or spoiled beef. Upon slaughtering of the cow, he will take some also at home and they would also have it at home. Slaughter of the cow, it would happen not only at night but in the day time, it depends on how the owner choose and shoot.
      
1056. Michael will usually call him and he will let him know the time to come and get the cow. Muinul Hasan will be always with him to slaughter the cow. Before he goes he remembered still he would take pictures with knives and tools.
      
1057. In their religion it is said that it is a blessing when one feeds the one who fasts and will make sure to serve everyone on time. He will refer to MFI 3 the set of 3 photographs. He and Nabilah will usually make shopping every day at Au Bon Marche, Rania Investments and Punjas.
      
1058. He would buy Chicken, Long-grain rice, and other related food items. Beef was always there in the fridge. And will make sure food is prepared for everyone to eat to break their fast. He remembered 2 men by the name of Hossin Kamal and Talukdar Alimul Razi both recruited by Sohag, they were like chefs to the other gentlemen from Bangladesh.
      
1059. They used to cook Bengali Chicken Roast and Bengali pulao from them to break the fast. And after the 30 days of fast there was a get together where a big feast was cooked and shared among everyone. As far as he remembered they slaughtered a cow that day and they consumed the full cow that day itself. There were ni-vans also who joined them that day for the feast.
      
1060. On or around August 2018, there were Bakreid- ‘Eid Ul Adha, He remembered that day he and other Bangladeshis slaughtered a cow. They did this custom because it is a must. This has been followed after Abraham was ordered by God to sacrifice Isaac to test his faith and meanwhile that time God sent a sheep.
      
1061. They had dinner and then they returned back. For another occasion they were invited at Pango, they went and he had dinner. They had cooked a big pot of beef curry and rice pulao. He also remembered Vicky Simeon also went with them that day to that feast.
      
1062. He remembered he would see Shahine multiple of times going to Au Bon Marche with his friend Kamrul Hasan Miah and Farid Uddin also known Dipu Mama. He Referred to Exhibit p-8, how Farid Uddin recruited Kamrul Hasan Miah to come to Vanuatu.
      
1063. They were free on the roads walking around. And at no point in time they were stopped from talking to any Ni-Vanuatu, he knew almost of them were chain-smokers. Every day they would go shops to buy cigarettes. Some of them would actually walk to office that was staying in Tassiriki.
      
1064. He remembered Mr Shohel Rana and Kamrul Hasan, they were going anywhere at any time, they were never stopped. He remembered Harun, he will go out during lunch time and he would come and he would smell of cigarette.
      
1065. Nabilah was managing the office but at no point in time she ever stopped anytime of going out. At their respective homes as far as he knew I never saw them locked in their homes but rather he saw those walking down the street for example going to the store close to Warwick, Zheng Lee store.
      
1066. Clsoe to the office they would go to Yumyum store and close to Tassiriki they would go go to Rania Investments and other Chinese stores. He remembered they used to go to play soccer close to a field in Pango. They would play with the Ni-Vanuatu. They were not stopped from talking to the locals. They had freedom to talk to anyone they choose.
      
1067. He remembered Md Sohel Rana would talk always with the locals and whoever were working in the office would always interact with Ni-Vanuatu working close of the office.
      
1068. It goes the same on the freedom for them to use their phones. Whenever he would see them they would have their earpiece in their ears and their phones in their hands. They would be taking to their families and friends.
      
1069. They had their freedom to do anything and as far as he knew everyone had a Facebook account and they keep taking selfies of themselves and keep posting it on Facebook. They would also ask sometimes to take selfies together with them and at some point they would also ask him to talk to their families and they would introduce him to their families.
      
1070. As far as he remembered when there will be any feast or festivals they would take tons of pictures of themselves and others. Their phones are always in their hands.
      
1071. Nure Alam in his evidence in chief said Somon took his phone and gave it to Palas for 7 days but Somon said he has to say that it never happened like that, that man he talked on the phone 24hrs day and night. He was never stopped to talk on the phone and he remembered he used to fight with his wife, Asma Akter on the phone.
      
1072. He would be talking to his frinds like Amir Hossen and Mofazzel who were from the same village. He will refer to prosecution Exhibit P8 where it clearly shows Nure Alam today claim to be a victim was recruited by people from Bangladesh.
      
1073. And he was a part of the recruitment process in Bangladesh. He remembered when he came from Bangladesh to Vanuatu it was Sohag who took all documents from him because it was Sohag who was looking after them.
      
1074. Shahin Mustafizur Khan arrived in Vanuatu on 26^th September 2018, and he claimed that he was beaten in the car by Abraham. In his evidence in chief he explained how he was not allowed to go outside and others pressurizing him to pay more money.
      
1075. The reality is that he was allowed to go everywhere, whenever one would see him walking with his friend, Kamrul going to Au Bon Marche. He came to Vanuatu not to work but to supply products to the company.
      
1076. He has a company in Bangladesh of 30 workers, why on earth he would leave his company and come to work for 50,000 Takas. It clearly shows he had different intentions. He claims that he paid money to some bank accounts.
      
1077. He showed bank receipts which is not his receipts. He used other people receipts to show that he paid money to come to Vanuatu.
      
1078. He will refer to Exhibit P-7 Page 2 receipt No-6, where Mr Shahin gave his signature and claim that this was his receipt, on the entire exhibit he gave his signatures, Somon said he will pinpoint on the acknowledgment claim to be by Alal. He believed and sure that this is written by Shahine Khan.
      
1079. Shahine Khan has claimed in evidence in chief that he has paid some money to an account to affect him to come to Vanuatu. He has showed in court some receipts for that payment.
      
1080. Mr Shahine Khan has not made any payment to come to Vanuatu. And the reality is that the supposedly money paid into those accounts did not belong to Somon and it spoke of itself. He came to Vanuatu and he supposed to go back on or around 23 October 2018, and he asked him to leave the house and he refused to go. On 27 October 2018 he and the two people went to the police station and complained against him that they are not feeding him well and he wants to go back to Bangladesh. In fact Somon has already asked him, on the 23^rd of October 2018 to leave.
      
1081. He was informed that Shahine was fighting with other in Pango. He remembered he took him to the office after he arrived because he had issues with the customs after he lied he said that the products he brought with him was strictly for personal use. But to the surprise it was not and Customs did not want to believe him and asked he paid for VAT but he did not want to pay and as far he remembered he had to leave the products in the airport and come out from there.
      
1082. There were around 40 tee shirts, fake Adidas and Billabong T shirts. He remembered a Ferrari T shirt was also there in his bag. He said that these T-shirts are from his company in Bangladesh.
      
1083. Moshahed Miah one of the 21 workers worked on the work site, after work they had habits to go swim in the sea. At that time a creature bites him. It was swollen.
      
1084. He remembered he was given First-aid at home. After that he was brought to the Vanuatu Private Hospital where he was seen by Doctor Carine Boyce. He was also brought for dressing at least 3 days consecutive.
      
1085. After he was seen by the doctor, he was prescribed with medicines then he remembered he bought the medicines at Health Wise Pharmacy. What the doctor prescribed and the quantity he prescribed he bought for Moshahed Miah.
      
1086. And he believed through the treatment he received and medicines he consumed he was relieved from ache and sore on the foot. Other than this, he was staying with his friends who were taking care of him through the difficult situation.
      
1087. He referred to Exhibit P-8, Moshahed Miah was recruited by a stranger named Nazrul Islam. Who actually promised him to send him to Australia? At no point in time he told him that he will send him to Australia. His business and market were here in Vanuatu, why on earth he will send him to Australia?
      
1088. In reality Mohamed Miah came to Vanuatu to prepare the access from members of his relatives to come to Vanuatu. All Bangladeshis bring their own relation to Vanuatu.
      
1089. He will pinpoint on Exhibit P8 again where Moshahed Miah claimed to be a victim was actually recruited by people from Bangladesh. Mohamed Miah recruited people like Rana Md Sohel and Islam Ashraful.
      
1090. He also said in his evidence in chief that Somon took him multiple of times in the car to threaten him for various issues. What he has to say was it did not happen how it was explained. This matter was made up to make the case look more serious.
      
1091. In his evidence in chief he said that Somon threatened him in Pango house for more than 3 times. But the reality was that he was actually staying in Tassiriki house. The reason he run away was that Shahine Mustafizur and others who runaway promised him to send him to Australia and told him that police will make sure that they will take money from Mr Price and will give them back.
      
1092. News also came on daily post where an activist for human rights, Ms. Anne Pakoa was trying her best to send the Bangladeshis to Australia, Canada and New Zealand but it did not happen so and all were sent back to their home country, Bangladesh.
      
1093. Al Amin said in his evidence in chief that Somon planned to kill him when he fell down the truck. And when he was staying in Narpow Point, Somon planned to kill him. And he was never paid for what work he did. The fact was that his salary was being paid from Bangladesh and this was his decision. He wanted all his salary to be paid in Bangladesh not in Vanuatu.
      
1094. He will refer to Exhibit P-8, the second page of the document. Howlader Amir Hossen and Howlader Md Mofazzel Hossain, how the two were recruited by Sajal Jomadar, Palas’s cousin. Bazid Islam Rubel is Al Amin’s big brother and he collected money from the two people that Sajal Jomadar has recruited.
      
1095. Sajal Jomadar has recruited a number of people from Barisal. He Referred to Exhibit P-8. The fact that he said he fell down from the truck that never happened, there were no injury reported.
      
1096. Abdul Jabbar in his evidence in chief said that he was never paid for the work he has done. The reality was that all his salary was paid by his own friend in Bangladesh, Sohag. He used to take his salary from Sohag’s house. He also said in his evidence in chief that Somon told him that he was not allowed to complain about food.
      
1097. They will only inform him when food was almost overand he will usually take 2-3 of them and they will buy the food at specific stores or sometimes he would give them cash and they would go out there and pay for the food.
      
1098. Hasan Md Mehdi said in his evidence in chief that he worked and he never received his full salary. And he also said in his evidence in chief that he was the one who used to cook and cleaned up the house at Pango.
      
1099. The reality was that everyone had their turn to cook at Pango house and everyone had their turn to clean up the house. They could not expect Somon to go and cook for them and clean their rooms. They were staying there and they had to cook for themselves. They need to cook for themselves as they prefer their own food to their particular taste.
      
1100. Other prosecutions witnesses gave evidence that they also used to cook food at Pango. It was not only Hasan Mehdi. When he never works for Somon why he should be paid. He expected Somon to pay him when he was cooking his own food for his own stomach.
      
1101. At no point in time he heard anyone had food poisoning, if so, this was very serious and he had to be admitted immediately at the hospital but nothing happened like that. He was actually exaggerating his situation.
      
1102. Rohul Amin said in his evidence in chief that Somon took him out of the house and he gave all hard works at the construction site.
      
1103. Somon will refer to Exhibit P-3, document 13 where the 21 workers’ names are present. The reason why he went away from the house was because he indecently touched Tonima and asked her not to reveal to anyone otherwise he would kill everyone in the house.
      
1104. His intentions were not good. Nabilah and Mito has complained multiple times with Somon how Ruhul Amin would admire their bodies while they would be walking around. He said Rohul did not respect anyone after he gave so much respect to him. He would call him “Rohul Mama”. Instead he acted indecently with the women in his house.
      
1105. Mohammad Shahadat Hossain came through his brother Masud Parvez who was actually in Vanuatu 8 months before he arrived. His brother promised him to send him to Australia.
      
1106. As far as Somon remembered, Masud Parvez told him that his small brother will come to visit Vanuatu and spend some time with Somon.
      
1107. Somon will refer to P-8, the third page of P-8 towards the end it said: “Mohammad Shahadat Hossain was recruited by his own brother, Masud Parvez”. If there were so much trouble here, why his brother would invite his own brother in a big hole where food is not good, treatment is not good?
      
1108. Jahirul Haque said in his evidence in chief that Somon tried to kill him and threatened him with a broken bottle. And that he said Somon was using his right hand to threaten him with the broken bottle. Somon broke the bottle on the table before he could use it to threaten him.
      
1109. This was made to make his case serious. Firstly, at that time, Somon was in a plaster and 2-3 days before he got arrested he removed the plaster from his right hand. Evidence will speak to itself. And secondly the table in the office is made with leather and underneath with sponge and covered with leather.
      
1110. It is not a strong table or wooden table for a bottle to be easily broken. Thirdly he wanted to pinpoint on Jahirul Haque’s evidence where he said that he stayed 2-3 hours outside the house. And Somon will pinpoint on Robel Miah’s evidence in chief where he said that Jahirul Haque and him stayed outside the house for 2 nights. There was inconsistency in their evidence and they were exaggerating.
      
1111. Robel Miah said in his evidence in chief that he was brought to the office and Somon threatened him by saying that he will kill him and cut up his body put salt and sent the dead body to Bangladesh. The reality was that it never happened. Robel Miah never came to the office on that day. Most of the time Somon’s right hand was broken he had other locals working in the office. He remembered that on that day Mr. Palas asked him to help out Robel with some pocket money. He gave Robel 2000 vatu.
      
1112. He will refer to Exhibit P-8 how Robel Miah was recruited by Monir whom today claim to be a victim. Monir has recruited a number of people and his family back in Bangladesh has collected money from the victim. P-8 clearly shows how Monir’s father Minto Miah collected money from the victims. The exhibit P-8 in fact showed that all Bangladesh’s coming to Vanuatu are recruiting his own family and making payments to each other. He believed everyone was in the same group.
      
1113. Monir is still in Vanuatu he believed because he is afraid if he goes back he will have to answer to whom he took money and who he recruited while being in Vanuatu. He is a part of the recruitment don in Bangladesh and today he is hiding in Vanuatu.
      
1114. Jamal Hossin, Ashraful Islam, Hasan Md Mehdi, Mohammad Shahadat Hossain gave evidence in the court that Somon beated them mercilessly at Pango House. Somon beated Amir Hossen at first and then around 10 people made a group and started to beat up Ashraful and Jamal Hossin.
      
1115. There were a lot of people involved in the assault alleged by the witnesses during their evidence in chief. Mohammad Shahadat Hossain said that Anowar was sent to call everyone to come out. Whereas Hasan Md Mehdi said that Somon called them to come outside. Mohammad Shahadat Hossain said in his evidence in chief that Rafique was sent to get the stick whereas Ashraful Islam said that it was Palas that went to bring the stick.
      
1116. Somon will pinpoint on Jamal Hossain’s evidence where he said that there were two circles, one semi-circle and one circle. Note that other witness never gave evidence that there were 2 circles. Now Somon will pinpoint on Hasan Md Mehdi’s evidence when he said there were more than 50 people present during the assault and no one challenged Somon.
      
1117. That could not be true, one person beating 4 people and 50+ people standing and watching, how it could be possible? On top of that during their evidence in chief no one could provide an evidence to prove the fact that there were an assault and that they sustained any injuries.
      
1118. Because the way they described the assault, after that assault it might be that someone could lose conscienciousness or lose his life. In their evidence in chief they said that they were not allowed to go to the hospital. They were free to call anyone, they had their phones in their hands, and they could have called anyone for help.
      
1119. On top of that the houses at Pango were surrounded by neighbours. They did not provide strong evidence like a picture even though their phones were in their possession to show their swollen body and face. Other people also have been mentioned that they were involved in the assault. Why they have not been charged, instead they were sent back to Bangladesh.
      
1120. Md Sohel Rana, is the accountant for the company. He would usually record all purchased item purchases throughout the day. And since he did not have any bank account in Vanuatu, Nabilah used to send money on his name. So whenever he needs the money and Nabilah is in Australia, she sends money via western union to Mr. Shohel’s name here in Vanuatu. This only happens when Nabilah is in Australia; otherwise they give him cash cheque when in Vanuatu.
      
1121. Mr Shohel sometimes deposits foreign currency, usually in USD or AUD and Euro for travelling expenses when they need to get some money from travelling abroad.
      
1122. Nabilah has a bank account in Australia where all suppliers would deposit money in it. Money will not only come by Western Union monies will also come from telegraphic transfer to bank account here in Vanuatu.
      
1123. Harun or Rashid, one of the closest to be precise, he was always there for Somon. During birthdays parties he was there already to help Somon with decorations. He always respected Somon and in return Somon would respect him.
      
1124. At no point in time Somon showed fear instead they would sit and joke for hours and discuss about the business and advertisements plans. And Arun will always make sure to make good work. Arun likes to be flattered. He will always make a work to impress Somon and then Somon will flatter him.
      
1125. On or around 19^th October 2018, something went wrong with Somon’s wrist right hand. He actually crushed his right hand under some kind of iron. He was later brought to the medical centre and he was treated and his right hand was plastered.
      
1126. His hand stayed in the plaster and it was removed 2-3 days before he got arrested on the 20^th November 2018. He could not eat by himself. He could not take shower. Nabilah and Mito was helping him at all times to eat. He will point on Jahirul Haque evidence in chief and cross examination where he said that he broke a bottle with his right hand and showed to him. In reality, this was not possible because at that time his hand was in plaster and he was under medication.
      
1127. This would be impossible; his right hand was plastered. Jahirul Haque said in his evidence in chief, it happened after the people escaped and went to the police station. But from 19^th October until 2-3 days before 20^th November, his hand had a plaster and had severe pain in his thumb.
      
1128. Attached evidence will show what really happened. There was no broken bottle found at that spot stated by Jahirul Haque. The office was clean and no bit pieces were found.
      
1129. Many of the witnesses had said in their evidence that Kamrul Sekdar is his brother. Until now no one could provide any evidence that Kamrul Sekdar is actually his brother. This is their own belief and imagination which tells them that Kamrul Sekdar is his brother. In reality Somon has never met any person named Kamrul Sekdar in his life.
      
1130. They have never provided any document to prove that Kamru holds the surname of sekdar to prove that he is Somon’s brother and that they both are related to each other. The fact is that Taibur, Sohag, Sharif, Moshahed, Farid Uddin and Karmul are one group in Bangladesh. They know each other very well in Bangladesh. They have business grow up and also come from the same town in Bangladesh.
      
1131. He can confirm that there is no one by the name of Kamrul Sekdar that has travel to Vanuatu. In Bangladesh even if one is not blood related to someone, that person would usually call the other brother, uncle or dad.
      
1132. That doesn’t mean if someone calls him Dad it meant he is already that person’s father even thought that person is older than Somon. He remembered only one Bangladeshi only came as guest in his house, he was Dilip Chowdhury. He could confirm Somon does not have any brother and his mother and father died already when he was around 6 years old.
      
1133. On or around the year of 2018, towards the end, the 1^st PA of Internal Affairs, Late Mr George Nunun and his team of Police officers came to their office. He still remembered there were 1 police officer by the name of Abiut Wilson, he also came that day.
      
1134. Lots of people especially from the government department used to come and meet them. Willie Rexona used to come almost every day to the office. He remembered one day he took a brand new gas stove, rice cooker and other stuffs. He remembered him also he came to his residence with his wife and daughters for dinner.
      
1135. Willie Rexona knew very well how Nabilah and Somon treated their workers. He used to come to the construction site and the office and there were Bangladeshis working he knew in what situation they were working. They had their safety equipment. He came to their house he saw how actually they treated the Bangladeshis.
      
1136. He knew Willie Rexona for around 1 year and he used to call him brother. At no point in time he told him that there was a problem as to how the workers have been working; or at any point in time he asked that the Bangladeshis working there have a problem.
      
1137. They were working in an open place, easy for any officials to go and check on them. At the time they said he took passports from them was when Willie Rexona asked him passports for compliance check on their passports, that was the time his manager, Muinul Hasan took passports from them and gave it to Somon and then he gave them to Willie Rexona.
      
1138. On or around 22th September 2018, Somon organized a birthday party for Nabilah, at that time she turned 24 years old. Everyone was invited for the feast and everyone enjoyed and danced. He remembered Nure Alam was dancing and many more joined Somon to dance that day.
      
1139. And on or around 4^th October 2018, Somon threw another birthday party for Owais Noah, he turned 1 year old. Everyone was again invited. The party continued until 2 o’clock in the morning. Everyone celebrated at their most by dancing, eating.
      
1140. Somon Sekdah was cross-examined by the Public Prosecutor. Somon Sekdah was referred to Kamrul Sekdah, his brother and Somon referred to him as Kamrulzaman. Somon Sekdah (D1) said he got information that his name was Kamrulzaman. His second name would Zaman? He just heard his name Kamrulzaman. The second name is more likely the family name. Somon said he did not know but he knows his name was Kamrulzaman, someone told him about. That person’s name is not Kamrul Sekdah but Kamrulzaman. Kamrulzaman had a brother; his brother would also carry the second name Zaman. Somon said he did not understand the question. His brother’s name was Azubu Zaman. Somon said he heard from witnesses.
      
1141. Somon was asked whether he did remember, he accepted he remembered that he had heard evidence of a quite number of witnesses that Kamrulzaman dealt with so many people at Indian Embassy at Chamoli at Dahka. Most of the questions and evidence were similar. Kamrulzaman filled their documents and provided false documents like employment resumé; false utility documents like water and electricity; and false bank statements.
      
1142. Somon was asked and he said he could not remember that witnesses say that when they encountered difficulties at the borders at least 2 or 3 prosecution witnesses spoke openly about bribing customs officers. Somon was asked if he agreed that it was possible to create fate documents that could be easily accepted by the authorities because they appeared to be genuine. Somon answered Mr Kamrul Sekdah’s job was done in Bangladesh. He did not know. There was not witness from Indian Embassy. But it was suggested to Somon that none of the victims had their applications rejected from Indian Embassy visas. Somon seemed not to understand the question. It was repeated to him and Somon said yes.
      
1143. Somon was taken to his statement in the Court. He said that he was the only child in his family. It was put to Somon that Kamruzaman and Asaduzaman the two (2) persons mentioned were Somon Sekdah’s brothers. Somon said he did not have any brother. He denied the two persons were his brothers. Somon was asked also that Mehedi Hasan Mouir was another brother of his. Somon denied. Somon was challenged that all the three persons were from Bangladesh and Somon Sekdah also was from Bangladesh but not Zimbabwe.
      
1144. Somon was asked of the two main languages of Zimbabwe. He said English and Shona. Somon was tested to give the first 5 lyrics of Zimbabwe National Anthem. Somon said he did not know. What was the translation of the first 5 national anthem of Zimbabwe in English? Somon said he did not understand the question.
      
1145. Somon was asked and he said he did not know that Zimbabwe went through 100 years of colonization (under the British). Somon was asked when Zimbabwe became an independent state. Somon answered he did not remember. It was suggested to him that Zimbabwe obtained its independence in 1980 and the English language was an important language in Zimbabwe. Somon answered he did not know. It was suggested that most of Zimbabwe engagements were in English such as Mauritius but French also. Somon said he did not know.
      
1146. Somon was reminded that he was struggling when the court asked him on 4 and 10 June 2020 to read his statement in English language. Somon answered he did not know. And yet when the court asked the interpreter in English what was said in Bangla, Somon understood well. So Somon was asked if he knew better the Bangla. Somon again said he did not know. It was put to Somon that the reason why he knew better Bangla and struggled with English was he was born in Bangladesh and grew up in that country. Somon denied saying no.
      
1147. It was pointed to Somon that during his evidence in chief as well as in his sworn statement, he recounted the most of his associations and businesses in Bangladesh almost entirely; paragraphs 7, 8, 11, 13, 21, 118 and 119 also reflected in his evidence a familiarity in Bangladesh than any other country. Somon answered he did any business in any country. The products were from Bangaldesh and the suppliers were from Bangladesh.
      
1148. Somon and Mr Price did business, he was asked questions about him and his three brothers, Asaduzaman, Somon denied he was his brother; Mehedi Hasan Monir, Somon denied he was his brother Kamrulzaman, he denied he was his brother. Somon was asked he had a sister in Bangladesh, Somon denied. It was pointed to Somon that that sister had written to him while Somon was in Vanuatu. Somon said he did not understand the question and the question were repeated. Somon said no. In his statement, Somon said his father’s name was Sambre Amhamad. It was put to him that his father’s name was not what he said but his father’s name was Deluwar Hossen. Somon maintained his father’s name was Sambre Amhamad. It was said that the name of Somon’s village in Bangladesh was Atharo Dhana at Tangail District. Somon said he did not know that place. He never travelled to Bangladesh. Somon was specifically asked if it was his evidence that he did not know the people the Public Prosecutor mentioned to him earlier. Somon said yes he did not know them.
      
1149. Somon was showed to Exhibit P25, P26 and P27. Exh. P25 was about the flow chart of 3 pages Somon had this document which showed money Somon sent to people. The picture there showed Somon sent money to 4 people (receivers). On the left side, the name of the person Somon sent money to be written. He was asked to tell the Court. Somon said Kamruzzaman MD. Exh. P26 was about the Western Union Money Transfer activity (6 pages) Somon was referred to page 4. Somon was invited to go to 3 paragraphs starting: “It is also confirmed ...” Somon was invited to read the last name there: “Kamruzzaman”. Somon denied Kamruzzaman was his brother as it was suggested to him.
      
1150. Somon was taken to something more personal to him. The name Somon Sekdah was known by Bangladesh was Numaruzzaman Numan. That was his real name, not Somon Sekdah. Somon said his name was Somon Sekdah. He did not have any other name. Somon was reminded of the question he was asked about people bribed and introduced these documents. Prosecution witnesses said these documents were delivered to them and produced in Bangladesh. Somon said he heard the prosecution witnesses said that. It was suggested to him that it was possible to produce fake documents to be official documents in Bangladesh. Somon said he did not know about this. He never travelled to Bangladesh.
      
1151. It was put to Somon and Somon denied it was possible he produced fake documents to enable him to obtain a Zimbabwe passport. It was suggested to Somon that when he left Banglades he first went to Middle East like many Bangladeshis. There he changed his name again from Numan to Ruman. Somon said no. He did not know that name. Somon was asked and he confirmed he had lived in South Africa. It was suggested to him that he was born in Bangladesh; he went to Middle East and went to South Africa. In South Africa he changed his name again. Somon denied that. It was put to him that his name in South Africa was Lukman. Somon denied and sait it was the first he heard that name. No one had produced that his name in South Africa was Luman. Somon was asked that in South Africa, there were Bangladeshi people living there, Somon confirmed saying yes. In South Africa, Somon engaged some of these Bangladeshi people and it was suggested that Somon did similar thing he did here (Vanuatu) he was recruiting Bangladeshi people there. Somon denied.
      
1152. Somon was shown a document of 5 pages. It was document of community page document of Bangladeshi people in South Africa. Somon confirmed. Somon confirmed that the first page photograph was of him (Somon) and Nabilah. The last page was a photograph of him and Nabilah. Somon said he could not read Bangla. But he agreed with what the article said in Bangla. But he could not read Bangla. Somon was taken to third page of the document on top of the article written by Liam Hossain and the translation was that: “I knew these two (2) brothers in law, one was Towab and the other was Lukman and they are from Tantai”. Somon was asked to go to the first page of the community article that had the photograph of himself and Nabilah. The article on top was written in Bangla. The translation is this: “Bangladeshi news in South Africa. Is with MD Hussain Rahman and 46 others – 27 July 2017 at 6:30am. Friends, they are brokers. They said they sent people to Europe, America and they took money from them. Then they took them nearest small country and put them in the hotel – assaulted them for money. They already from South Africa in Durband. From 5 people each of them gave 15 Lak Taka in total 75 Lak Taka. Be aware of them, they are animals, wanted and if you gave their location they will be reward 1 Lack Taka. Communicate with us in inbox. We will hide your identification”. Somon was invited to go to article by Mustafa Kamal at page 4. The same community page: “Mustafa Kamal – Brothers House in Tangai. His name Taibur Rahman. Taibur he worked with our company for 16 years. After that he went to South Africa. Still now, owner receiving calls. He wants him to come back to our company because he used to work in his house”.
      
1153. Several questions were asked to Somon. That first page told us of a scam recruiting of people to be taken to Europe and United States. They were never taken there. It was suggested to Somon that that report was a report of his activities in South Africa. Somon answered that when the translator translated at no point in time it was about Bangladeshi community in South Africa. This was a screenshot picture. Some other people pictures also were there. It was clarified to Somon that this was about news of Bangladeshi people in South Africa. It was put to Somon that the article news contained his recruiting scam in South Africa. Somon said he never did this in his life. This was in 2017. He never went to South Africa since 2013. It was suggested to him that the article was in 2017 and the activities may have happened before in 2013. Somon said he did not know. It was pointed to Somon that on page 3 of the article it was about the people from Tangai and a person by the name of Lukman. Somon said he heard from the translator. It was put to Somon that the person Lukman in the reference to him (Somon). This picture was there below. Somon did not agree. It was also pointed out to Somon that in the fourth page, reference was made to Taibur Rahman. This was the same Taibur that was mentioned by prosecution witnesses that escorted victims. Somon said he did not know. It was put to Somon that this Taibur Rahaman was the husband of Mito and the father of the two children who are still in Vanuatu. Somon said he did not know. Somon was reminded that when Taibur came to Vanuatu, he and his wife Mito used to live with Somon. Somon denied. It was put to Somon that when he was in South Africa doing scam recruiting business Taibur was with him as a partner. Somon denied. It was also pointed to Somon that also in South Africa at same point, his two brothers, Kamrul known as Kamruzzaman and Asaduzzaman Badu were with Somon. Somon denied saying he did not have two brothers, he did not know their names. Somon was reminded of the arrest of his brother Asaduzzaman by American authorities when he tried to enter US with counterfeit currencies. Somon denied saying he did not have a brother. He had no idea of that person.
      
1154. In 2001, Somon was asked and he said in his sworn statement that he had completed courses in fashion design about clothing fashion designer. This was a diploma course he completed in 2001. Somon said he was born on 12 January 1993. Somon was asked and he confirmed he started this course when he was 16 years old and completed when he was 18 years. It was suggested to him that he did not finish his secondary school in Bangladesh. Somon said since he was born, he had never travelleed to Bangladesh. Somon was asked of the syllabus for a designer. Somon said fashion designer course was for 2 years started when he was 16 years and completed at 18 years. His main design is clothing Patterson sewing machine about textiles, raw materials. The course was delivered at Harare Fashion Design University. It was pointed to Somon that the syllabus he told the court anybody can say or do that as it was about the basic aspects of clothing manufacturing. It was put to Somon that he had not done any course in fashion design. Somon maintained he studied fashion design. He did diploma course as a fashion designer. It was pointed to Somon that the assertions were made on the basis that he did not mention other courses in that field. The syllabus will include the language he studied the course. Somon said the subject was in English and Africans. It was put to Somon that he could not even read his opening address in English. Somon said he did not, when he studied, 99% was about practical.
      
1155. Somon was aksed of his sworn statement dated 4^th May 2020, who wrote it. Was it himself or somebody else? Somon said he wrote part but most was written by his friend. He was asked how much of his sworn statement was written by his friend, most of it. Somon said when he wrote, he explained to him he did not count the number of pages his friend wrote.
      
1156. Somon was challenged that that was the reason why he could not read or understand his statement. Somon said it was difficult for him. He never sat in a witness box. It was put to him that was the word which came often when he was asked by the court and he said it was difficult. About 37 years he travelled in lots of English countries, he felt difficult to face with court.
      
1157. He was asked about the statement he filed on 4 May 2020 whether he filed it as his own account? Somon said that was his statement, he agreed with it at the time. He was asked about the person he was referring to at the Correctional Services whether a make person? Why there were three paragraphs the same as Nabilah’s (paragraphs 128, 129 and possibly 137)? Somon said he did not know.
      
1158. Somon was questioned that he put forward this statements as if it was his statement. He represented to the court that he knew the content of his statement. Somon said he agreed with his statement. He was asked to explain paragraphs 128, 129 and 137 and how they came in his statement? Somon said he did not know this. Somon was asked that but he claimed this was his statement. Was his statement written by Nabilah? Somon said he had just given his paper to type. The Public Solicitor or Nabilah typed it. Somon said a friend helped him to write his statement but not Nabilah. It was put to Somon that he was telling the truth when he made his statement. Somon said he was confused.
      
1159. Somon accepted that since he was in Vanuatu, he travelled to Myanmar, Singapore and Fiji but not South Africa. Somon was asked he did not travel to South Africa for a couple of reasons. The first reason was that his focusing business was on these different countries. In these countries, Myanmar, Singapore and Fiji, he was escorting victims. Somon admitted and accepted only one time from Myanmar to Vanuatu, he travelled with some persons. He did not remember how many persons travelled with him to Vanuatu. That was the last time he travelled.
      
1160. It was said that Somon’s innocent description of how he shared food with them did not reflect the truthfulness of what he did to them when he was the person behind their recruitment to Vanautu. Somon said in the hotel, he stayed with business people, did not eat with tem. At Singapore, he bought them food and shared with them. Somon was asked he was responsible for their sustainance during the trip. He knew they came to Vanuatu to work for Mr Price. Somon said he knew only for one person, Parvez.
      
1161. Somon told the court that in Myanmar he has a secret hotel where he stayed in. He was the boss and he was not mixing up with them. That was the same he did in Vanuatu. Somon said he was not their boss when they were in Myanmar. But Somon was asked if he did not know that they were going to work for Mr Price why he provided them with food? Was it because he knew they were going to work for Mr Price and Mr Somon will be their boss? Somon said he never shared food with these people at Myanmar and only two times he travelled with these people to Vanuatu.
      
1162. Somon was asked that he heard from a great numbers of prosecution witnesses who spoke of Kamrul Sekdah known as Kamruzzaman as his brother. Somon himself explained to these witnesses that Kamrul Sekdah was his brother. Somon Sekdah answered that when Kamrul Sekdah was in Vanuatu he talked to him as a respect. He called him brother but he was not his brother. It was pointed to Somon that Kamrul Sekdah ws the only person Somon referred to as his brother. Somon said it was a sign of respect.
      
1163. It was suggested to Somon that the second reason why he has not returned to South Africa was because he was fearful of being arrested in South Africa. Somon answered that when he left South Africa he travelled so many times to have his passport stamped. Somon was asked whether that was the reason he did not go back to Bangladesh for the fear that he might be arrested. He was referred to the prosecution Exhibit P4 (page 1) where the prosecution witnesses talked about the arrest of his accomplices including this case which included Kamrul, Shohag, Nacir Abassi and Alal in relation to Mr Price and Somon’s human trafficking from Bangladesh to Vanuatu. Somon said he saw prosecution witnesses referred to the pictures. He had no case in Bangladesh. It was put to him that he was going to travel near Bangladesh. Somon said he had no case in Bangladesh. There was no case registered in Bangladesh because he was here but there were cases against his accomplices. Somon said he did not know about this. Kamrul was never his associate. It was the same reason Somon and Nabilah you both will not go back to Mauritious. Somon said when he was in Vanuatu he could not travel to Mauritious and he did not know whether he had a case there or not.
      
1164. Somon was referred to evidence in chief of police officer Willie Rexona, Exhibit P34. Somon was invited to look at and read paragraph (f) of that letter. Somon seemed to struggle reading it. Somon was questioned that he described himself as having a diploma in court of studies started in 16 years to 18 years and yet struggled to read this paragraph (f). Somon said he did not understand the question.
      
1165. Somon admitted and accepted that paragraph (f) of that letter he read said that himself and Nabilah were investigated for a case of embezzlement in Mauritius. Exh. P34 was the report by Interpol of investigation given to them by Mauritius police investigations. Somon was asked whether he knew what embezzlement means. Somon said no. it was explained to Somon that embezzlement means dealing with money dishonestly, being not truthful of dealing with money dishonestly. Somon said after Rexona gave evidence, he did not have any case in Mauritius. One company gave diligence compliance plan in Mauritius and his company was shown as the sponsor. The finance never received by his company. The insurance covered those 12 millions roupies.
      
1166. Somon said two things; he said this document (Exh. P34) was incorrect and should not be relied upon by Willie Rexona. And so, Somon was asked why he did not confront Willie Rexona during his evidence? Somon said he did not say Willie Rexona’s evidence was false. He did not say Exh. P34 was false.
      
1167. The second question was that Somon rang Mauritius and obtained information, so was he going to call the person in Mauritius to disprove what was given in this Interpol document. Somon said he never called them to come. The information was in Mauritius he was just giving the answer to the court.
      
1168. Somon was taken back to South Africa. Somon said he grew up in South Africa. He was asked he was aware of the operation of Mr Price an international company. Somon said he did not know of Mr Price international company in South Africa. Somon could not remember how many years he lived in South African.
      
1169. It was put to Somon that Mr Price was a well known South African company, of the biggest. Somon said he did not know. But he saw a show in the city he lived in Capetown. He saw Mr Price doing clothing business, jewelleries and shoes. Somon was asked if he heard the evidence of Rexona, furniture, household good were kind of things Mr Price sold. Somon said he did not know that. But in Cape Town, he saw a shop of Mr Price.
      
1170. It was suggested Mr Price was a well known company in South Africa. Somon said he did not know Mr Price is not only in Cape Town but also in other cities in South Africa. Somon said he did not know.
      
1171. It was suggested to Somon that because of the familiarity he tried to replicate what Mr Price did in South Africa. Somon admitted he like the name. He chose the name. He did not have the brand name of South Africa. Mr Price Vanuatu would be of raw material that would come from Bangladesh. There will be groceries and construction. South Africa Mr Price and Vanuatu Mr Price two or three products will be the same but apart from there so many products were not the same about 70% products.
      
1172. Somon said that he liked the name Mr Price and chose it. He remembered his evidence in chied he said of clothing Shahine brought to Vanuatu was fake. This was because they were international brand (Nike, Addidas and Puma...) and he could not accept them in Mr Price Vanuatu. These products belong to somebody else, another company. Mr Somon accepted that was why he did not agree with Shahine.
      
1173. Somon was asked if he could just like and choose the name Mr Price. Somon answered he chose the name. He never said he chose from South Africa. Somon said he chose the name. It was not an international company. It was individual company. It was suggested to Somon that he knew well the name Mr Price and the logo Mr Price while he was in South Africa. That name (Mr Price) and log belonged to Mr Price South Africa. Somon answered he never used a logo in the licence in any place. He used one up Mr Price. He never used any brand kind like that.
      
1174. It was suggested whether Somon knew that he was dishonest when he used the name Mr Price. Somon denied saying no. somon was told that from all the names he chose Mr Price he misrepresented. Somon said at no point in time when he opened his local company in Vanuatu when he chose the name Mr Price from the list of names and got approval from VIPA office.
      
1175. Somon was asked whether he did tell the authority in Vanuatu that the name Mr Price emanated from South Africa. Somon admitted and accepted that at no point in time he put anything about South Africa. Somon was challenged as to whether or not it was his responsibility as a foreign investor to reveal it to the local authority. He accepted he never said to the authority.
      
1176. Somon was referred to the evidence of Willie Rexona and Exhibit P37 where Rexona gave an account of different companies Mr Price have. One of the subsidiaries is Mr Price own. Somon said he remembered Rexona gave evidence but he could not recall. Somon was asked of the logo he had at page 1 was Mr Price with the cap. Somon answered he saw the picture but he not know what the Public Prosecutor said. Somon was reminded of Rexona’s evidence of the letter received from Mr Price South Africa in which he stated that Somon and his company did not have his authority to use Mr Price name and logo. Somon said he did not remember the evidence.
      
1177. Somon was asked to refresh his memory by referring to Exhibit P36. He was asked to read the letterhead and the subject matter and the third paragraph and sequences. Somon started reading the letterhead –
      

“Mr Price logo – Logo Cap




... Interpol enquiry to suspect ... (the third paragraph) further information provided the following individuals are not employees of Mr Price Group Limited – a Zimbabwean passport holder and Nabilah a Mauritius passport holder. The above mentioned individuals are not authorized to use any of the Mr Price Group Limited Logos and any other Mr Price Group Limited intellectual properties...”




Janis Cheadle Group Company Secretary and Head of Governance signed the letter. Somon then accepted he remembered the evidence of Willie Rexona.



1178. Somon accepted that the letter said that he and Nabilah were not the employees of Mr Price Group Limited. Somon was asked that he and Nabilah were not authorized to use Mr Price logos and logo included the cap and the name Mr Price. Despite Somon’s evasive answers, he was asked to answer to the question and Somon answered that he did understand. Somon said he understood he was not authorized to use the intellectual properties. One of the intellectual properties was Mr Price. Somon said he did not understand. The same question was repeated twice with the same answer. It was explained to him that the name Mr Price was the property of Mr Price Group Limited and it did not belong to Somon or Nabilah. Somon then said he understood.
      
1179. Somon was referred to Exhibit P4 (page 19), he was asked of that picture which was the picture at the construction site opposite Tana Russet. The picture said Mr Price was coming soon. Somon accepted saying yes it said Mr Price is coming soon. It was suggested the people in Port Vila looked forward to this because of Mr Price in South Africa and they knew it was a big company. Somon said he did not know. It was put to Somon that this was the expectation that a South African company that was going to be set up in Vanuatu. Somon misrepresented them to the people of Vanuatu. Somon asked for the question to be repeated. Somon was asked the photograph was of his company. He agreed saying yes. Somon was asked and he agreed that on the board he had Mr Price and the cap but he said different cap. Somon was asked to look at Exhibit P37 again. That cap was part of the logo of Mr Price Group Limited and for him to compare it with Exh. P37. In Exh. P37, Somon said Mr Price. He was asked to look at the hat (cap). Same hat (cap) same design? Somon said he did not agree. Somon was asked the design was the same. Somon said he did not agree. He was asked what he did not agreed what is the difference here. Somon said there were pictures he saw so many differences. Mr Price here is like a shape. The shape with white colour and here was the red colour.
      
1180. Somon was asked whether writing Mr Price was not the same. Somon said the writing Mr Price was not the same. Somon was shown Exh. P19 (the first photograph). He was asked to look at the photograph at the background, Mr Price at Pango house. Somon said he did not agree. He said he did not agree. He said he now saw. Somon was told the board was still there he was asked to tell the court what it said; he was asked whether it was written in white with a red background. Somon agreed. It was said the logo was the same as in Exhibit P37. Somon said he never saw in the picture at Pango house. It was suggested to Somon that he was lying and was not truthful to the court. Somon said at the time he never saw.
      
1181. Somon was shown Exh. P6, the 4 pages were marketing materials. Somon said he disagreed. It was suggested to him that picture (a) and picture (b) were not pictures – used extensively the name Mr Price and Mr Price logo. Somon answered this was not his marketing picture. Somon was asked if he heard the evidence from Harun that with Somon’s approval to attract victims to come to Vanuatu. They appeared on his company (Mr Price) website. Somon said Harun gave evidence in chief, he did not agree with him. These graphics Harun created himself and Somon’s website did not have this. Somon said he never used any facebook.
      
1182. Somon was questions in that he was who asked him about his facebook. It was said when they saw what he had done in Vanuatu. It was put to Somon Sekdah that he had no authority to use the name Mr Price and uses the Mr Price logo. Somon answered he has the authority from the government of Vanuatu. At no point in time he said he used the South Africa company name and logo. It was pointed to Somon that he did not tell the authorities in Vanuatu how Mr Price was connected Mr Price Group Limited. He deliverately did not say authority. Somon said he did not know that he should tell them. It was put to Somon that Mr Price was not his company’s name. Somon answered he did not know. Somon was asked that he knew that he will use a market, sense with familiarities that associated with the Mr Price Group Limited. Somon said before he did business wit RFL. It was pointed to Somon that RFL was not the question. By using Mr Price, he used it to mislead the mind of people that they will buy products from South African company. Somon said he did not agree, 70% of goods were different. Somon was reminded that they were not talking of the goods but of what was in his mind. Somon said he never thought like this, he hope he opened his business here. Somon was challenged as to why did he not use the name Somon Sekdah, Somon said because of the price people ..., it was said to him if he used Somon or Sekdah it will be unknown not recognized. Somon said this was not his thought.
      
1183. It was suggested in some of the witnesses that before the name was used here in Vanuatu, some of your associates used the name Mr Price to recuirt people in Bangladesh. Somon said he did not remember. Somon was asked that there was also evidence by a witness, it was never rebutted. That witness asked Somon the question whether his company was affiliated with the South African company. Somon answered he did not rember. Somon was shown Exh. P19 he was asked question in relation to the first picture and where he said he never saw it. But this billboard was in House No. 1 at Pango. Somon confirmed this picture was in Pango House No. 1. It was pointed to Somon that it said Mr Price with logo ontop with 3 phone numbers 532 1330, he was asked whose number was that? Somon answered he did not remember. It was said Somon was lying, was not this number? Somon said he said he did not remember.
      
1184. Part of Exh. P6 he described them as graphics, he was asked if he remembered an article of Mr Price coming soon in the Daily Post. Somon said yes. It was marketing for his company dealing. It had a fountain. Mr Price was coming in time. Somon said he did not remember. It was said what Harun has done was used by him (Somon) to market the company by him in Vanuatu. The caption of what Mr Price would look like ... Somon was asked whether he remembered that. Somon said no, he did not remember.
      
1185. It was said over the last couple of hours, the prosecution tried to establish the name and logo of Mr Price him (Somon) and Nabilah were never authorized to use the name Mr Price and the logo whether in white or red colour, what he had to say? Somon said the Republic of Vanuatu gave authority to him. He has a business certificate from VIPA. It was said Somon never gave full information to Vanuatu authority about the name Mr Price of South Africa. Somon answered he never talked about South Africa. He gave all information. VIPA asked him one question whether it was franchised. Somon was questioned in that obtaining the franchise was getting authorization to use the name, he did not disclose this to the authority in Vanuatu but he used the name and logo. Somon said he never thought of opening a company with South Africa. This was his company.
      
1186. Somon was invited back Exh. P4 (page 19) whether he had printed that page and gave it to he authority? Somon said he never say Vanuatu government gave him authority to use logo Exh. P6 (a)(b) of graphic pictures. He did not know. Exh. P19 did not have any picture. Mr Price the cap was not the same. Somon was shown this picture in the billboard Exh. P6 graphics. He has still used the name for making marketing his company. This was reflected in the article of Daily Post Exh. P4 (page 19). He was asked whether it was approved by the authority, Somon agreed it was his. What he had to say. Somon said he never say the authority gave him authority to use logo. The picture P6 (a) graphic picture (b) and the article in the Daily Post, he did not remember.
      
1187. Somon was shown Exh. P37, the last picture was the one they talked about, this was the logo. He was invited to compare that with the first picture referred to him in the billboard at Pango house No. 1 the first picture Exh. P19. Somon said there was no logo there. The particular picture wsa shown to the last picture Exh. P37 that the same company billboard, whether he agreed? Somon said he did not agree. He never saw this when he went to Pango house. It was said picture P37 was the closest from the same board. He was asked to look at the first picture at Exh. P37 and to look at the logo there, to look at the company logo at the last picture of Exh. P37. Exhibit P37 to look at first and second pictures. In the evidence of Willie Rexona, he described the picture of market place at South Africa, pictures of retails shop in large buildings. Those were Mr Price Shopping complexes. The evidence of Willie Rexona was never rebutted. Exh. P4 (page 32) photo (a) page 20 (photo (a) and (b) Somon was asked that the difference between the structure he had seen in (a) (b) page 20 and were so different from what Mr Price do in South Africa. Somon said he agreed.
      
1188. The type of business Somon tried to make in Vanautu page 20(a) (b), there were huge difference. Somon said he did not know, 90% product buying from Wilco. The picture of construction was not finished yet. Somon was told that he was asked about the material he bought from Wilco. He was asked to go to Exh. P3 page 15. He was asked if this was a letter from the government of Vanuatu signed by the director of Public Works. Somon agreed. It was shown to Anowar and then to Somon. The findings of the constructions were in a report. Somon said he did not see this. Somon asked for the question to be repeated and Somon said he saw the report and he agreed with the report. Somon was asked to look from third paragraph of the report, there were cracks observed from almost area of concrete slabs. Looking at the concretes what did he have to say to this? Somon said he did not know about this.
      
1189. Somon was asked whether he was goind to allow people of Vanuatu to walk and buy on this (page 22 picture (a)). Was that the kind of service he wanted people to walk on to shop? Somon responded, the picture of the construction was not done yet. The job was yet to finish. 50 persons were working on the job. No one could open a shop like this. Somon was asked whether he was an engineer, he said no. Was he a qualified builder, he said no. how he said he did not accept this findings, Somon said he did not know. He never worked on the construction. But he was told he was the owner of the company, why he was saying he did not know? Somon said this question was too big for him. He did not understand.
      
1190. Somon was challenged that he used the excuse of never being there. But it was quite contrary to what he said in his evidence in chief that he was regularly there. Somon said yes when the construction people worked he did not know what and how many did what work so he said he denied. It was suggested that most of the construction work Anowar said Somon told Anowar what to do as if Somon knew what to do. Somon responded what Anowar said was about Pango house.
      
1191. Somon was asked to go to the next findings page 22 paragraphs (a), page 21 photographs (a)(b). Findings 2 – what he has to say? Somon said this was not the roof. This was the ceiling. This was only for ceiling not finished yet. He was asked when he had no proper stripping when wall were tilted what he said, Somon responded the work was not finished yet. It was put to Somon that it ws not about work not yet finished; it was about work that had been done. This was the kind of building people will go under and could be injured. Somon asked for the question to be repeated. It was put to him that somon was not concerned about the quality of workmanship he was not worried about the safety of the people. He was only concerned about the money. Somon said he did not understand the question. It was too long. Somon was asked to read the second findings, relating to the structure was dangerous. Somon said the construction was not finished. What the engineer said he did not have experience. Somn was reminded that the findings were about the completed work of the construction. Somon said he did not have any experience of what the engineer said.
      
1192. It was put to Somon there was no architectural design for all of this. There was just plastic on top, Somon said he disagreed with what the prosecution witnesses said. But not anyone of them was confronted with this when they said instructions from Somon. It was put to Somon that the prosecution arguments were that the constructions of Mr Price market place were substandard. Somon said he did not understand. It was made known to Somon that the prosecution said that the workmanship at the construction site was substandard and did he agree with these assertions. Somon said he did not have any information about constructors. But he bought the quality materials for the project to finish. He said he agreed with the findings of the letter (report).
      
1193. Somon was asked if he agreed that it was not a matter of quality products or materials. If he did not have architectural design, they will have what they have here. Somon said about the work, he did not have any idea when he talked to them their work was not finished yet.
      
1194. The witnesses said they were relying on Somon’s instructions. Somon was talking to them. That was the reason they relied on him. Somon was regularly on the construction site. The quality will rely on Somon’s oversight. The question was repeated. Somon answered that about construction site, he never gave instructions. He did not agree. He had just followed them. Somon was asked that he never just followed them; he wanted the project to be finished. Somon admitted by accepting saying yes.
      
1195. It was said when he gave instructions to witnesses they believed that Somon knew everything there, Somon said no. Shohag was there. Manager Moinul was there. He did not talk to worker to do this or do that. Somon was asked and he agreed that Shohag was not there toward the end of the project. A general question was asked that engineer did not work under contract or it was the other way round, contractor worked under engineer. Somon said he did not understand the contractor work under the engineer.
      
1196. Somon was informed no other questions will be asked of him on the other finidngs of the report in the letter of 10 December 2018 as they were already in evidence. The prosecution asserted that the construction work opposite Tana Russet was the premium of Mr Price, the show case of market place of Mr Price. The whole constructions did not comply with the national building code of Vanuatu. Somon responded the quality or bad quality, he did not have but he spent money for the quality of work. Most of the products he bought from Wilco.
      
1197. Somon was asked that shab, ceiling, roof, electrical and all did not complay with the standard, national building code of Vanuatu. Somon said he did not know. It was reemphasized to him that every construction in Vanuatu must meet minimum construction building code, the ceiling, roof; Somon said he did not know. Somon was asked to compare Exh. P37, pictures on the first and second pages and the evidence of Willie Rexona on Mr Price in South Africa with Exh. P4 (page 22 – photo A) and it was suggested there was a significant difference. Somon admitted saying yes of course. It was explained to him that the prosecution put to Somon and he said he did not know of the quality. It was put to Somon that he would have known as he was on the construction site checking who was wearing boots as he did not bother. Somon answered what was in South Africa was quality top. He said he never followed like South Africa.
      
1198. He was asked there was quality from South Africa; there was not quality in Vanuatu? Somon said the South Africa was finished. The Vanuatu one there was lots of shops yet to be built. He was asked that in Vanautu in the construction site opposite Tana Russet, there was no quality. Somon said he saw the pictures there were totally different designs.
      
1199. Somon was asked that the reason why he set up business in Vanuatu was that he could make money in Vanuatu as he saw what Chinese do. Somon answered he had his business splan, he had already explained to the court. Somon was asked whether he agreed with prosecution witnesses he saw a prospect of making money in Vanuatu and compete with other businessmen in Vanuatu like the Chinese. Somon said he did not understand, the question was repeated. Somon answered saying yes; he set up business here to make money.
      
1200. Somon was asked if he agreed that even Chinese did not have the kind of structures he has at Exhibit P4. The Chinese have proper shop. Somon answered he never followed the Chinese. The project had not finished yet. He was asked and he confirmed he came here to make money. He was questioned he was not bothered with quality of services; safety of people like Mr Price did in South Africa. Somon said he never allowed for people to be there as the project of construction wsa not finished. He did not follow what South Africa did or Chinese plan in Vanuatu. Because he just wanted to make money, he was asked? Somon said he did not agree. At the time the Republic of Vanuatu agreed. They gave him authority to do the business. It was said the authority in Vanuatu just approved his application to make business in Vanuatu. Somon said the construction site was open. So many times, people from Environment Department visited the place. Mr Price could not do this or that. He was challenged as to how he explained what the letter (report) of 10 December 2018 said. The letter was written towards the end of the construction reference was made to the first finding about the right mix of concrete. There was something substantially wrong; there were cracks on the concrete. So why Somon referred to Shohag when he should take responsibility, Somon said he asked Shohag of quality. They asked for demand he supplied for them.
      
1201. Mr Somon said he was the owner of the project. It was put to Somon that he was simply interested only in how much money he could do in the trafficking of the victims and run away, he was asked what to say? Somon answered of course he came here to make money. What kind of business he could make here. Somon was asked that he was not willing to spend money when it was necessary in Vanuatu but only as a reason to make money with the victims. Somon said he did not agree with that. Somon was asked if he was a serious investor, why not he showed a set of shop like a businessman in Vanuatu. Somon said he did not agree. He had VIPA certificate to run a business of two billions Vatus.
      
1202. Somon was asked as an investor, he said, he invested 2 billions whether he had shown this to the Vanuatu Government? Somon said he needed not to show. He never got 2 billions in his account. He had already done the investment. Had he shown the authority he has 2 billions in his bank account in his proposal of investment. Somon said he never had 2 billions in his bank account. So his business plan was to make much money in Vanuatu and run away with it. He was not concerned with the welfare of victims and he was only willing to spend a little as he was only concerned to make money. Somon did not agree. He said he never showed to anyone his business plan. What he bought here was not small money.
      
1203. He was asked he was only interested to brin more Bangladeshi people in Vanuatu as he could make money, Somon disagreed. It was suggested that his project or investment could be described as come by night investment, Somon disagreed. Somon was challenged on his evidence in chief when he said that when he met with the businessmen in Pango in 2018, he told them he did not know when the project will be completed but only these who did work the construction work were in a place to know. Somon was told this was not what he told the businessmen in his first meeting with the businessmen in June 2018. He told them the construction will be completed in September 2018. The construction could not be completed in Septmeber 2018 so the businessmen asked questions. Another meeting took place in October 2018 and Somon told the businessmen that the construction will be finished in December 2018. Somon said he disagreed with the suggestion that in June 2018 he said the construction will be completed in September 2018 and in October 2018, December 2018.
      
1204. He was asked if he knew the purpose for which Shohag travelled to Bangladesh in August 2018. Somon answered, yes for holiday. It was suggested to him that Shohag went back to Bangladesh not for holiday but for bringing more people to Vanuatu. Somon said he did not know this. It was suggested to him, Shohag went in August for a purpose and Somon knew the purpose for which was to to bring more people in Vanuatu. Somon said this was what he knew Shohag went to Bangladesh for holiday and he will return 21 days after. Somon admitted he knew that he will return 21 days later.
      
1205. It was said Shohag was in Bangladesh in September – October 2018 and he was travelling to Vanuatu in November 2018 with people. Somon said he did not know Shohag was travelling with how many people. Biplob was one of those. Somon was asked that Shohag travelled back only as far as India before the victims who travelled with him were notified. Six (6) victims seized Shohag and delived him to the police. Somon said he did not know this.
      
1206. Somon was asked that he knew Biplop and Shohag were travelling to Vanuatu in November 2018. Somon answered he did not remember the date. He remembered Shohag came back in November 2018 before he was arrested. Somon was asked and he said he remembered he said Shohag never returned to Vanuatu.
      
1207. Somon was asked he admitted and accepted he spoke with Shohag and accepted he spoke with Shohag over the phone when Shohag was still in Bangladesh and almost everyday. And on one of these occasions when Somon spoke with Shohag, he gave him instructions urging Shohag to collect as many passports as possible from victims and would be victims from Bangladesh. The question was repeated as he said he did not understand the question. Somon answered he could not remember.
      
1208. It was suggested the reason he urged Shohag to do that was that it was an easy way of ensuring or getting money from the victims whether they were sent later on to travel. Somon would have had their passports, Somon disagreed. It was pointed to Somon that this time he wanted more than 100 victims to come to Vanuatu. Somon said he did not agree. Any people could come. He was asked because the more passports he seized, the more money Somon made and the easiest way Somon exherted pressure on them to come. Somon disagreed. It was suggested the more people came to Vanuatu, the more money you make. The question was repeated as he did not understand. Somon answered, I did not agree to bring people here. He agreed that if there were people here of course he could do money because they will do business with him.
      
1209. Somon was asked that he gave two answers which were contradicted. He would like to make more money if more people will come and the prosecution will accept that version. He will make more money if more business people will come to Vanuatu, Somon agreed saying yes.
      
1210. It was suggested two reasons he will make more money with business people because he was going to pay for their salary and also he will be receiving more money from business people as they paid more money. Somon did not agree. He said business people will buy stock from him, will pay rent, food and accommodation. Somn was asked he gave two more reasons rent for shops and bying stocks from him and he agreed.
      
1211. Somon was asked to go back to conversations he had with Shohag in September – October 2018 while Shohag was in Bangladesh. He was asked that apart from urging Shohag to collect many passports as possible, he mentioned also something will happen in December 2018 when he referred to arrest. Somon said he talked to Shohag everyday. He was asked if he could not remember it was possible he might have had the conversation. Somon said he did not remember. He was asked if he was trying to avoid or trying not to answer the question. He said he could not remember.
      
1212. Somon was asked that he knew something would or could happen in December 2018. Somon said he did not understand. He was reminded he was asked question earlier he knew something would or could happen in December 2018. Somon he did not understand. It was suggested to him that his investment wsa a fly–by–night investment. Somon said he did not understand. It was said fly–by– Night Company is the compay who comes to make profit and run away. Did he remember his company was a fly-by-night company? Somon said he did not agree. It ws suggested to him that he was intended to do something or leave the country in December 2018 and ran away with the money. Somon said he did not agree [Somon was told voice recording will be produced of this later on].
      
1213. Somon was taken to another point. He was asked whether he remembered it was suggested to him how he and his associates produced fake documents, bribed government officials. Somon said he did not remember. Somon was referred to paragraphs 208 – 209 of his sworn statement. In pagra. 209 he named four (4) government officials and two (2) persons from real estates Company, people that Mr Price Company was going to take in Bangladesh at Mr Price expenses? Somon said he did not agree. The 5 people supposed to visit Bangladesh, everyone wanted to visit for their own. The government people wanted to go to Bangladesh about the uniform.
      
1214. Somon was told he was not asked about the purpose he was asked whether he agreed or not he remembered the question. What was written in pagraph 209 of his statement was read; it said four (4) government officials and two (2) from private sector. He was asked he remembered saying that in his statement. Somon said yes. In paragraph 208 of his statement, Nabilah sent around four (4) passports of officials to Canberra to stamp the visas. The passports were sent successfully after the visas were sent. The trip was scheduled in November.
      
1215. Somon said he did not remember that but this was supposed to happen. Somon was asked whether he agreed it was read from para. 208 of his statement. Somon agreed. Somon also said he did not remember he gave the evidence in chief or not by mouth. It was pointed to him he could not remember because a good proportion of the statement was not written by him. Somon admitted saying someone helped him to write it down. Somon was aksed he remembered he said he – Somon was asked whether he was a prisoner or a correctional officer. The question was repeated. Somon answered yes, he was a prisoner.
      
1216. Somon was asked why Nabilah sent passports of four government officials. Why Mr Price did this? Somon answered Nabilah and these people knew better. He did not know why?
      
1217. He was asked why Nabilah and why Mr Price? Government officials have a process to apply for visas and because of that Somon did this for government officials? Somon answered he did not have the idea. These people and Nabilah knew better.
      
1218. Somon was asked that supposedly, the four passports of officials were paid by Mr Price not the government, was it right? Somon admitted saying yes.
      
1219. Somon was asked that his earlier answer was they will be there for the production of uniforms and these uniforms will be for Labour and Immigration Department, Police and Ministry of Internal Affairs. Somon answers yes for both questions. He was asked that through him these uniforms will be produced whether Somon produced them himself. But these were to be provided by Mr Price. Somon confirmed. He was asked that either as producer or agent, Somon was going to make money. Somon said this was not for money. It was suggested he gave the uniforms for free. Somon said the first year he gave free. He had already some police uniforms. He was asked he gave them free so that he could entice them to make money? Somon said the government asked him to give. He agreed.
      
1220. He was asked that that was the answer to the question he was asked. The question was about the prospect of making money. He stood to make money. Somon said he did not understand the question. It was suggested by supplying uniforms he stood to make money. Somon answered he gave them free, how could he make money? It was said that was not his intention. His intention was to make money. Somon answered if in future, they placed orders, he could make money. He knew he was going to make lots of money, he was asked? Somon admitted saying yes of course as he could ask he knew this and he showed the government he could provide good quality uniforms. Somon said he had already given police uniforms. The second time, they wanted to go visit.
      
1221. On paragraph 209 of his statement, Somon was asked why he sent these four government officials at Mr Price expenses. Somon answered that they wanted to visit to see the product. They were interested to go.
      
1222. Somon was asked whether it was his idea and theirs, here he was arranging for government officials to travel to Bangladesh with Nabilah to look at uniforms. They were going to buy to Somon, he was asked. Somon said they wanted to go. They were never negotiated any business. Somon was asked that this was not taking his child overseas. He took four officials overseas to make them interested. Somon responded what they thought he did not know. They wanted to go to see the uniforms. This was only what he knew.
      
1223. Somon was asked he said he gave uniforms to police, who else he gave free uniforms? Somon said George Naunun and some police officers; he did not remember their names. He was asked when he supplied a government department he gave who else were the other police officers? Somon said he handed over the uniform in his office to George Naunun.
      
1224. Did he ever speak to Police Commissioner for the uniforms, he was asked? Somon said police officers visited his office. He did not know the ranks for these police officers. He was again asked whether he did ever speak to the Commissioner of Police about these uniforms. Somon answered he did not know. He was asked that from his answer that he did not meet with Police Commissioner. Somon said he did not know. But he said he met with some police officers in his office.
      
1225. He was asked that he said he gave free uniforms to police (the prosecution said they did not agree with Somon) and he was aksed whether those uniforms were given as samples of uniforms? Somon answered no. The police gave them samples. He followed the samples and provided uniforms according to these uniforms.
      
1226. Somon was reminded of his last evidence about samples of police uniforms and his evidence was that samples were given to him by others and he eventually produced them. He was so asked to clarify his answers as to who provided the samples. Somon answered one person from Internal Office, George Naunun, provided samples when Somon’s samples were finished, they agreed and he said they provided the uniforms. George Naunun and police officers came to his office.
      
1227. Somon was asked if at that point in time, he was still talking to police and Ministry of Internal Affairs of uniforms which were not finished. Somon said at that time, the uniforms he gave them, these people agreed with him to make the uniforms for them. Somon was reminded he was not answering the question. At that point, was he still working on a sample or ordering uniforms? Somon said the products; the uniform was confirmed for him to make for them. These people provided him with a sample. Somon was asked that the impression the prosecution got from his previous evidence (Saturday night) were samples of police uniforms arriving from Bangladesh copied from what police provided to him, was that correct? Somon confirmed saying yes.
      
1228. Somon was asked if it was the understanding that if they were happy with the sample sent from Bangladesh and police will look at it and if they were happy they could order. Somon answered no. Somon was asked if Mr Naunun was happy with the picture Somon sent of a complete sample. Somon agreed saying yes. He was asked when Naunun approved of sample/picture both Somon and Naunun were in Vanuatu. He confirmed.
      
1229. He was asked if the pictures or samples were also with other departments that Somon was also dealing with. Somon answered only police uniforms he provided. He then asked on that basis was Naunun happy with the picture/sample and so a formal order was placed for the production of uniform in Bangladesh. Somon agreed saying yes.
      
1230. It was suggested that this was the same process to follow if he were going to produce uniforms for Labour and Immigration departments Somon said he was not clear with the question. He was asked that he has described a process that will ultimately involve the head of department to order. Somon admitted saying yes. He was asked that the police provided a sample/picture he showed to Naunun, Naunun orders the uniforms. That was the process followed. Somon agreed saying yes. Were Labour Department and Immigration Department did follow the same process, he was asked? Somon answered the Immigration and Labour never provided samples to him. They were just discussing over. Hervé Kasten and others were there. He never made any sample for them.
      
1231. Somon was asked whether it was his intention to use the same process for Immigration and Labour Departments. The question was repeated as Somon said he did not understand. Somon answered he never discussed with them. Nabilah handled that. He did not know how far the process was.
      
1232. Somon was taken back to the process with the police. He was asked that if the process worked he could produce police uniforms? Somon said he did not understand the question. The question was repeated. After Mr Naunun has seen the picture Somon showed him and after he approved somon would have been able to send an order to Bangladesh for the production of uniforms. Somon said when Naunun agreed he made the products (uniforms). He was asked about the quantity he could not remember about 200 uniforms.
      
1233. He was asked that the 200 uniforms he mentioned was the first delivered. But his orders were to produce uniforms for all police officers in Vanuatu? Somon said he did not know the quantity. They ordered uniforms and he produced them. Somon was reminded he was not answering the question. He was asked he would have produced all police officers uniforms. Somon said he did not know whether for all police officers. He was asked that police officers and Naunun were happy about police uniforms sent to Bangladesh? Somon agreed saying yes everyone was happy.
      
1234. He was asked whether the people from Labour and Immigration looked the uniform of the police. Somon said when he did the presentation; the Labour and Immigration people were present as well. Somon was asked and he agreed that during that presentation he has showed them the uniform produced in Bangladesh. It was said Labour and Immigration expressed interest to order uniforms? Somon said he did not know. Immigration and Labour people met and discussed with Nabilah.
      
1235. Somon was asked that at the time of presentation he said he did not know but later on they expressed interest. Somon said he never dealt with them. His office did. He was asked and he agreed that later on he became to know through Nabilah and office that Labour and Immigration were interested for him to produce their uniforms.
      
1236. It was suggested to him that this was before November 2018. Somon said he did not remember the date and the month. Somon was taken to paragraph 208 of his statement he said that a trip referred to paragraph 207 of (his statement) was scheduled. Somon admitted saying yah these people were going to visit Bangladesh. It was asked to him and he agreed that the conversations between Nabilah and Labour and Immigraiton took place before November 2018 but he did not remember the date. It was suggested to him and he confirmed that the first arrival of uniforms after Naunun’s approval arrived before November 2018. Somon added four (4) or five (5) months before.
      
1237. Somon was asked if everyone and in particular George Naunun and himself, Somon were satisfied of the process of production of uniforms done remotely from Vanuatu, why was it necessary to take the approval of Naunun George, he was not a public servant, but a political advisor, Mr Hervé Kasten from Labour, Kevin Joshua from Immigration to take them to Bangladesh? Somon said he did not know. They dealt with Nabilah. Nabilah knew better than him.
      
1238. It was suggested to Somon the going of these people to Bangladesh was never discussed with him? Somon said he knew they were going why they were going they wanted to visit. It was suggested to Somon that despite Nabilah coordinated this trip, Somon as the owner of Mr Price, the key figure in negotiating with the Ministry about the uniforms, was fully aware of this trip before November 2018. What he had to say? Somon did not answer the question he was asked to answer the question. Somon accepted he knew these people were going to Bangladesh. It was pointed to Somon and he accepted that in paragraph 110 of his statement, he said Nabilah will travel also with them. So he was again asked he confirmed he agreed with them and he approved of this trip with Nabilah travelling with them.
      
1239. It was suggested that the reason why he agreed he belied Mr Price received orders from Labour and Immigration Departments (police have already ordered). Somon answered he agreed with them to visit. He hoped they have orders to him. Somon was asked and he admitted that with that hope he approved their going to Bangladesh with Nabilah.
      
1240. He was asked he knew he was going to make good money from these two departments if they said yes to him. Somon admitted and accepted that if they did the orders, yes. Somon also confirmed that by that time, police gave him their orders already after they saw the sample.
      
1241. Somon was asked again, why was it necessary then to send George Naunun and Wilson to Bangladesh? Somon answered these people what he knew, the police was going to visit the place of manufacturing the product. The Immigration and Labour Departments were also interested in the uniforms making and most of the dealing at the time were with Nabilah and his office (Somon’s). Somon was asked and he agreed that in relation to the first arrival of uniforms, George Naunun approved with some police officers.
      
1242. About the presentation that Somon mentioned, he was asked whether this was after the arrival of the first patch of uniforms. Somon answered the presentation was about the samples. After the first patch of uniforms arrived, he had a meeting in his office and a presentation in the Internal Affairs Office. Somon confirmed that it was his evidence that George Naunun who approved the sample he saw in the picture. He was asked whether Joshua Kevin and Hervé Kasten were senior officers in the Immigration and Labour Departments. Somon said he did not know at the time. He has just done the presentation. He was asked he would agree to take them in Bangladesh if they were senior officers. Somon said he did not know. This was their decision. It was suggested to Somon that he wanted or agreed to take these people in Bangladesh because they were able to agree or would influence the decision. Somon said he did not know, Nabilah dealt with them most of the time.
      
1243. Somon was taken back to question he was asked before, police and first political political advisor, having express quality of uniforms, why it be necessary to take them to Bangladesh? Somon said he did not know. That was the Internal Office’s decision. He was just welcoming them. Somon was remined of his evidence of the Saturday night when he said he stamped their passports in Canberra. Somon said yes Nabilah did this. He was asked if he blamed Nabilah. Somon admitted Mr Price gave authority to do this. He also admitted the authority came from him. He also admitted that the program of them visiting Bangladesh was authorized by Mr Price. He admitted and accepted he was responsible for these when he added their company has some responsibility for them.
      
1244. It was put to him and he admitted that Mr Price would not approve a sight seeing if he would not have interested saying yes after the question was repeated to him. It was said he stood to make lots of money out of these orders, one way if getting them to agree or influence their decision was to take them to Bangladesh. They will say yes to him whether or not he agreed? Somon answered these people wanted to visit Bangladesh. That was their decision. But if they gave him orders as a business, of course he could make money. It was suggested to him that whatever the value of the contracts he made out of these, the reason why he took them to Bangladesh was for them to make decisions or influence their decisions in his favour. Somon answered these people wanted to visit. That was their decisions but if they gave him orders he could make orders for them.
      
1245. Why was it necessary to take George Naunun to see the manufacturing of uniforms while he said he was already happy with the samples, Somon was asked? Somon said this was these people decision to visit. He had just welcomed them. What he knew was that they wanted to visit the manufacturing of uniforms. Somon was asked whether it was a way to say thank you to George Naunun of making the decision to him. Somon said he did not understand the question. It was explained to Somon that George Naunun had already opened the door for police uniform to be produced by Somon. This was a way to reward him, he was asked if it was correct? Somon said this was not his decision. This was his decision to visit. Somon said he did not agree with what the Public Prosecutor said.
      
1246. It was said Somon knew as well that as First Political Advisor of Internal Affairs Office, George Naunun would have an influence in the Labour and Internal Affairs Office. Somon said he did not know of this. He did not agree.
      
1247. It was suggested to Somon that what he was doing by taking them to Bangladesh was bribing them as they made decision in his favour. Somon said this was not his decision. This was their decision, the Internal Affairs Office’s decision. He has welcomed them only. It was said it was his intention to do this. He did not agree. It was suggested to him that it was not necessary to take them to Bangladesh as the first patch of police uniforms had already arrived. Somon answered the same. It was not his decision. It was the decision of Internal Affairs Office.
      
1248. Somon was reminded of the questions asked of him (on Saturday night) that government officials when they travelled they have a process to follow. But here it was a private company (Mr Price) organizing the travels and organizing the visas and this indicated that Somon wanted them to go to Bangladesh. Somon answered Nabilah, an officer of their company, helped them to travel. Their company was helping them to travel.
      
1249. Somon was challenged that he could not blame Nabilah for doing this. In pagaraph 208, 209 and 210 of his statement, all indicated that he (Somon) approved all this because he knew the benefit for him. Somon answered that these people were visiting. He said he knew he assisted them. He did not know of the benefit at the time. It was put to him that he knew the profit money to make if the visit was successful. Somon answered the first uniforms (patch) he gave them free. The second, if they placed orders, he could do orders. To help Mr George Naunun to make that decision, he took him to Bangladesh. He said the decision was the Internal Office, not his decision. He has just helped them.
      
1250. It was suggested to him that what he did by bringing those government officers and he was never slow in bribing government officer for his benefit. Somon answered he was a foreigner. He did business here in the Republic of Vanautu. People visited his product went to government. He was happy with them. Somon answered they made no orders at the time. He could not make money. It was said he was not slow in doing this to government officials. Somon did not agree.
      
1251. Somon was asked even so far as to attempt to influence the process of this trial by attempting to offer a bribe. Somon said he did not agree.
      
1252. Somon was asked that during his cross-examination he mentioned the names of some of his associates companies. He mentioned the company name Pran, Somon agreed saying yes. Somon also agreed he mentioned the name of Dahalip Babu. Somon admitted by accepting he mentioned the name Dhelip but he said he did not know of his second name. Somon knew Dhalip when they started supplying to Vanuatu. Somon accepted he recalled in his evidence that Dhelip had come to Vanuatu. Somon accepted Dhalip attended Nabilah’s birthday and also different times as well, a couple of times.
      
1253. Somon said he had a food relation with Dhalip. Dhalip came several times in Vanuatu and stayed with Somon at his house at Ellouck. He was asked if Dhalip was a good friend. Somon said a good friend or not, he had good relation with him. Somon admitted that that good relationship with Dhalip was based on the supplies of some of the goods Somon was supposed to sell in Vanuatu.
      
1254. From business perspective, Somon was a good customer for Dhalip as Somon was buying thing from him. Somon accepted Dhalip did good memory by doing business with him. It was suggested that if anything happened to Somon or Mr Price Dhalip would not be very happy. Somon said he did not know this. But when Dhalip did business with Somon, he made money. Now Somon said he did not know. Dhalip did not tell Somon that he was happy doing business with him. Somon admitted his buying from Dhalip stopped when Somon was arrested.
      
1255. Somon was asked that as a businessman it was not Dhalip’s best interest that Somon was arrested. Somon said he did not know. He was asked if Pren was his biggest supplier. Somon said no but the items Dhalip supplied to him were manufactured by Pren. Dhalip was not the owner of Pren. But Dhalip was the marketing manager of Pren. It was put to Somon that when Somon was arrested, as a friend Dhalip would be concerned. Somon said since he was arrested he did not contact Dhalip.
      
1256. Somon admitted that Dhalip has a good relation with Kamrul. This was the same Kamrul the prosecution said he was Somon’s brother, whose name they have said was Kamruzzaman. It was suggested that close friends of Somon and close friends of his brother would want to help Somon. Somon did not answer to the question. Somon said he never said Dhalip was his friend. He said he had good relation with Dhalip. He then knew Dhalip was doing business with Andrew of Au Bon Marché. Somon said he did not talk to him. He did not know.
      
1257. Somon was asked if he would agree that there were people living here (in Vanuatu) who were supportive of Somon’s case. They would have been in contact with Dhalip. Somon said he did not know. Somon was asked if it was possible that he might have been in contact with Dhalip through those people. Somon said before he had good relation with everyone. Since he had his case, a lawyer was helping him with his case. It was put to Somon that Mr Dhalip Babu of Pren attempted to persuade some of the victims in particular Jahirul not to give evidence against Somon and returned to Bangladesh. And if they agreed not to give evidence against Somon. Somon would have repaid all money upon their return. Somon said he did not know. He said he heard he was the person in support of the case of the victims.
      
1258. It was said that Dhalip was not the only person to persuade the victims to change the side, but also Somon’s brother Kamruzzaman was also involved. Somon said he did not know this. He heard he was with the victims. He was the person who destroyed his company. It was said Kamrul had spoken with some victims and in particular Shopus. Kamrul attempted to get a group of victims to give evidence on Somon’s part. Somon said he did not know of what Kamrul, Dhalip, Shohag and part of victims did. He never talked directly to Kamrul. It was suggested to Somon that they were trying to help Somon by interfering with his case. Somon said he did not know.
      
1259. Somon was asked that if he said they were on the side of the victims, would be expect they would be on Public Prosecutor’s side, Somon answered eh never said they supported the Public Prosecutor. He heard they supported the victims. Somon was asked that if he was right why Kamrul was arrested as a partner in this case? Somon said he did not know.
      
1260. Somon said he had good relation with everyone. Somon was asked he has evidence of prosecution witnesses. The prosecution called 18 witnesses. None of these 18 victims’ witnesses said they have good relation with him (Somon). Somon said these people were the victims, how they will support him (Somon), they have a plan. Somon was challenged as he said he has good relationsip with everyone, so how none of 18 victim’s witnesses said they have good relation with him (Somon)? Somon answered they gave evidence it was up to them. It was said yes it was up to them. And they told the Court that they did not have good relation with him. Somon admitted saying yes this was what those people said.
      
1261. It was said that in fact, some of them said he (Somon) did terrible things to them because of which they were scarred of him (Somon). Somon said he did not agree with them that were why some of them brought their own family, brother in Vanuatu. Somon said how that could be when those people stayed with him. It was said they stayed with him long until they escaped. Somon said they have lied to the Court. He did not have big muscles or a gun. He was not a politician.
      
1262. It was said Somon was not the only one that stood besude him. He had a group of people who enforced what Somon did. Somon said he did not agree. Somon asked where these people were. Somon was asked if he did hear and understand the evidence of witnesses about these supervisors. Somon said what they said; Shohag never told him he forced them. Somon was asked that he was the leader and they did everything he told them. Somon said he did not agree with them. Some came to Vanuatu with brother and family. It was suggested to Somon that he imagined thing. He must imagine that everyone liked him. Nobody liked him. He knew that, he was asked? Somon answered no. he said he respected everyone and everyone respected him.
      
1263. Somon was asked if these people (victims) had good relation with him, why all the victims cried, pointed fingers to him (Somon) and swore at him when they gave their evidence. Somon said what the victims witnesses said was in court. But outside, they were part of Shohag and Kamrul.
      
1264. Somon was asked if he was suggesting that there was conspiracy group. Somon answered everyone together supported each one. He did not have grouping. It was suggested to Somon that some 102 victims gave evidence to the police. None of these ever expressed any liking for him. Somon said they were same group. Everyone was together. When he was outside he has good respect and relation with others. Somon was asked if they were in good relation why they asked His Lordship (Court) that they wanted justice to be done. Somon answered what these people said in court the behind people taught them of what to tell the Court. So who were these behind people? Somon said what he heard, Shahine, Kamrul, Shohag, Dhalip, Mushahed, Abdul Jobbar and they have their own leaders, and he did not know their names.
      
1265. It was pointed to Somon that the evidence they gave was in accordance with the statements they gave to the police and if they departed from their statements, Somon should cross-examine them on this but he never did so. Somon answered when he heard the story he was already late to explain. He was silent. That was why he could explain to the police and the Public Prosecutor. He explained to the Court but everyone already gave evidence.
      
1266. Somon has seemed to explain as part of this conspiracy that Shohag and Kamrul were part of this conspiracy but none of the victims was complementary to this. Somon said he was too late but the Court gave order for investigation in Bangladesh. At police station they got lots of money. Somon was asked he suggested earlier and during his evidence in chief he suggested that if it had not been for the good relation he had with the victims, they could not bring their families or members of their families from Bangladesh to Vanuatu. Somon said he did not remember making the suggestion. Parvez for example, if things were really bad, he would not have brought the members of his family. Somon accepted he did remember making the suggestion.
      
1267. If it was suggested to him that these people brought the members of their families to Vanuatu because Somon gave false promises to them or that he forced them. Somon said he did not agree. It was pointed to Somon that with some people who becausem supervisors later on, people like Shohag even Palas later on, he promised them good position and a bright future in his company if they brought family members to his company. Somon said Shohag and Palas were not supervisors. No one could show to Court work permit for Palas and Shohag that they were supervisors of Mr Price Company. Somon was challenged that he knew very well he never gave them work permits. By doing so, he put them in very serious situation. It was Somon’s responsibility. Somon denied any responsibility to make work permits. He has only responsibility for 21 workers.
      
1268. It was said the prosecution relied on the prosecution’s evidence and it was suggested to Somon that when his loyal support arrived he treated them well. He took pictures to send to their families. Somon said before the arrest, he was in good relation with everyone. He gave good food to everyone.
      
1269. It was suggested to Somon that sort of treatment was only to a small number of people for a short time. Somon disagreed. It was suggested to Somon that if the members of their families came, they will be taken to Australia. Shahadat and Saiful were in that situation whether he agreed with the suggestion? Somon said he did not agree. He did not have record to send people to Australia. It was said that when speaking with some of the victims he put pressures on them to bring their family members in Vanuatu. Somon said he did not agree.
      
1270. It was said that from the prosecution’s evidence, things got worse; people who came earlier would not have known what happened later on. Somon said this was never happened. He did not agree with them. These people talked to their family, using IMO. It was said that other than promising them to go to Australia, he promised them bright future working with Mr Price in Vanuatu. Somon said he did not agree with them. He never promised them. No victims showed to the Court that he has any company in Australia. But he accepted he has business in Bangladesh.
      
1271. During evidence in chief he talked about the lack of security measures, no locks, no security guards, no camera at Pango house, Tassiriki house, and Norpow house. Somon accepted that. It was said that Somon has heard the evidence of prosecution witnesses who said that because of the rules that he imposed and executed by his supervisors, the victims feared that. Somon answered he did not agree with them because he never lived with them at Pango house, Tassiriki house, Norpow house. No one could show to the Court any lock or camera.
      
1272. It was pointed to Somon that for the records, there was no need to show the Court these things because by Somon’s conducts as to how he enforced these things, but Somon locked their mind that if they broke those rules, they will suffer grave consequences. Somon said he did not agree with that. This never happened. There were no rules from the company. It was said that that was reinforced by the way he conducted the meeting. He was reminded of how he placed his legs on the chair smoking cigarettes and how he ill-treated them. Somon denied this ever happened. He did not agree with them no one could provide a stick or any medical report of this happening. Somon was reminded that these people have sworn to tell the truth before the Court. That was their evidence, whether or not he agreed? Somon said he agreed these people gave evidence in chief. But he did not agree with their evidence. This never happened in Pango house.
      
1273. Somon was reminded that when these people gave evidence, not only by papers but by continuous reminder by the supervisors. Somon said he did not agree. This had never happened. Somon was reminded of his evidence he mentioned there was no security guards outside those houses. The prosecution said it was not necessary because of the enforcement of the rules by him or his supervisors. So, what happened after 3 people escaped in October 2018, did not Somon place Town House in full security guards not the employed security guards but Somon’s own. That was the evidence of prosecution witnesses. Somon said he did not agree with them. It was specifically mentioned to Somon about Down Town House? Somon said this had never happened. If it was suggested to him that not every victims lived in the same place. Not all victims knew each other when they left Bangladesh. Somon said he never agreed with them.
      
1274. Somon ws asked questions about his evidence when he said a few things about the quality of food he provided to workers and business people who have come from Bangladesh. In his evidence in chief, he talked about shops he went to, Au Bon Marché, Rania and other French Au Bon Marché. And on a couple of occasion he told the Court of the kind of food he had purchased.
      
1275. It was suggested to him that when he had meals on regular basis, his meals have been taken from his residence at Elluk. Somon agreed. They were not taken from Pango, Tassiriki and Norpow. He did not take his meals (breakfast, lunch and dinner) at these places. Somon said he did not agree as when there were events, he ate with them. Apart from specific events, it ws put to him he never had his breakfast, lunch and dinner at these houses. Somon said he did not agree. Sometimes he did. The question was asked of him again. Somon accepted that he did not on regular basis eat three meals with the workers at the house of their accommodation.
      
1276. It was therefore, pointed to him that he did not see with his own eyes and eats the meals that the victims were eating at Pango, Tassiriki and Norpow? Somon accepted he never eat regularly in these houses. Most of his meals were taken at his house, he accepted.
      
1277. It was suggested to Somon that in this series of questions, in accordance with the prosecution’s evidence, he was neither close to them in his relationship nor did he allow himself to be close by them. Somon disagreed. It was said he was very strict on them. Somon disagreed. It was suggested in his manner and behavior towards them, Somon continuously demonstrated to them that he was their boss and he was not ready, been associated with the workers. Somon accepted he was the boss of these people working opposite Tana Russet Plaza. He respected them. He was close to them. He did not agree.
      
1278. Somon was told that the only people he was close to were his associates; supervisors who helped him enforced the rules. He kept others separate. Somon said at that time he had the relation with everyone. He respected everyone. There was no grouping at that time. Somon was told he heard the evidence of 18 prosecution witnesses, what they said and the emotion they expressed never indicated the close relation he has with them quite the contrary, what he has to say? Somon did not agree. It was put to Somon that contrary to what he claimed, he had never showed respect. He was never respected human dignity. Somon did not agree. He said still lots of local workers were still alive. It was put to him; the question was not about local workers but Bangladeshi workers. Somon said he did not agree with them.
      
1279. Somon was asked that apart from few celebrations, he has at his house at Elluk, he never had any meals with the workers. Somon did no agree. Somon was asked he could lie? He denied. He was taken to shopping. In his evidence in chief, he talked of himself did the shopping for the houses. Somon said yes sometimes he did. Somon was asked that he was then qualifying his evidence by saying sometimes.
      
1280. In reality, the shopping for the workers was done by Palas and Moinul. Somon said most of the time shopping was done by Moinul and Ishmael. He did not know about Palas. It was said the prosecution evidence was that Moinul and Palas distributed to the houses. Moinul yes and distributed to all houses, Somon responded. Somon said he did the shopping and gave them to Moinul to deliver. Somon was asked and he accepted that he did shopping for his house and for special events and when Moinul informed him that he was busy.
      
1281. It was suggested otherwise to Somon because the evidence of the prosecution was that Somon was uncaring person towards the workers from the way he behaved towards them. Somon said he did not agree. He said he did the shopping. He respected them and everyone had good relation. It was suggested to Somon that because of what he agreed to earlier that he did eat the three meals with the workers, he did not really know what they ate on daily basis in the four houses. Somon said he did not agree. He said he knew what they ate. They ate good food. But he agreed and accepted that he was never physically present at these four houses at meals times.
      
1282. Somon accepted he did not cook at these four houses. He was asked he was not there. He was not cooking at these four houses. He did not know what they ate on daily basis. Somon said he knew what food he provided to them the food was cooked. It was said the prosecution was not talking about meals Somon bought, meals he had at his house and meals workers had at the four houses were very different. Somon agreed and accepted saying yes. Somon accepted that the meals he provided at his home were far better than the meals he provided for workers at the four houses. He added that the food at these four houses also was good because they cooked for themselves. He was asked that he had noticed and knew of the food cooked for the workers so why then he put on special way the food cooked at his house in the special events. Somon said he invited them on personal events because he had good relation with them. It was put to him that the reason why workers attended these events was not because of good relation he had with them but for many of them they were desperate to have decent meals that changed from having round cabbages and smelly beef. Somon did not answer the question. He was given a chance. He was asked another question. Somon agreed he was not present at these four houses when meals were cooked and eaten. So how could he say that the foods were eaten after what he heard what the witnesses said? Somon agreed and accepted he never cooked for workers. He never stayed every day with them. They cooked their own food.
      
1283. Somon was asked to answer the question. So how could he say they cooked their own food when he was not present with them? Somon said because sometimes he had food with them and they cooked their own food and no one could cook his own food of bad quality. Somon was asked how he could know what each house cooked for meals he really did not know. Somon said the food he provided that was the food he knew. He accepted Mr Price and himself provided the food to the four houses. He accepted also that what the chefs in the four houses cooked the things Mr Price were bought. It was said that on the basis of the prosecution evidence, the only food that they were given were beef, rice, round cabbages, a little spices and stolen pawpaw. These were the ingredients that were available to the chefts to the houses to cook the food for the orkers and businessmen. Somon said he did not agree because they provided the list of food and quantity to buy. It was put to Somon that there was never a list given to him. Somon disagreed as he said the good was purchased following the list.
      
1284. Somon was reminded of the prosecution’s assertion that it was never Somon’s intention to spend money as was necessary. So he provided the minimum for these people sustainance. Somon said he did not agree as they were still alive. It was suggested to Somon that some of the workers were starving or refused to eat the food provided by his company. Somon said he did not agree with them. The food was of good quality in the four houses. It was said that those who cooked in the four houses merely cooked with the ingredients they have. Somon said he did not agree. Lots of business people bought their own food and cooked for themselves. The business people said that Mr Price did not provided breakfast to them at Pango house. Somon said he did not agree with them. It was said businessmen were not given breakfast by the company. The reason behind this policy was that these people were not working for the company when he compared to workers. Somon said these people did not work for him. It was said the businessmen went out for breakfast because they had no breakfast. Somon said he disagreed. The company provided breakfast. It was up to each businessman to buy food.
      
1285. It was put to him that business people were not allowed to go out without permission or cook their own food as this was part of the rules. Somon sadi he did not agree. Sohel Rana agreed he wnet to the shop. In addition, Somon was reminded of his evidence in chief that he never heard anyone complaining about food. The story of quality of food he had a rule that stopped anyone to complain about the food. Somon said the food was of quality. He was not agreeing as this was not the reason.
      
1286. It was said that the rules were not only conveyed and reminded by supervisors but also they were put to the notice of everyone to see. Somon said there was not supervisor in any house and there were no rules provided. The prosecution did not agree with Somon. The prosecution witnesses said of the existence of rules even Anowar Hossain gave evidence of the existence of the rules. It was said why there was a need for such a rule (not to complain about the food)? Somon answered there were no rules from the company. The company only provided food.
      
1287. It was suggested the rules were created by the company for Somon to maintain the dictatorial stand on all. Somon said he did not agree. He was aksed he had heard evidence of Shohel Rana. Somon said yes but he did not agree. It was said Shohel Rana was only a staff of the company but he was never confronted with what he said in his evidence. Sohel Rana was never cross-examined on his evidence. Somon said he did not agree with Sohel Rana. It was said that the reason for the rules was that Somon expected there will be complained about food. He did not agree. It was put to Somon that his company and he knew that the quality and the quantity of food were not of what expected by the workers. The point made was the difference between the food provided and the ingredients used to cook. Somon agreed saying yes. It was said as an example of the beef, Somon head evidence of prosecution that the beef was smelly. Somon agreed saying yes. It was said the beef have been smelly because of the inferiority of carcass (cow that have been dead for sometimes before processed at the house). The second possible explanation was that it was not kept properly at the houses. It was suggested that the evidence of prosecution witnesses covered both aspects. Somon said he did not agree with what they said. No farmer could sell dead cow. Then people put the beef in the freezer. The company bought fresh cow for them.
      
1288. The next question was on the quantity of the food in particular the beef bearing in mind the little pieces of beef they had during that time. The prosecution said that his assertions that at least two cows were killed a month was a fabrication. In all period of 17 months, only about 5 or 6 cows were killed. Somon said he did not agree with them. But it wsa emphasized that they were the ones who ate the beef and this was what they told the Court. Somon was not there. The workers were in a better position to tell the Court what they said. Somon said he did not agree with them.
      
1289. Somon was asked of the evidence of prosecution witnesses about the quality of the food. Som said they did not want to eat the food the company provided. They were forced to eat the food not even provided in their own houses in Bangladesh. Somon said he did not remember. He was asked that if a piece of beed was smelly it must be pieces that were not afresh? Somon said he did not agree. He was asked a smelly beef was a sign that the beef was not good. Somon was asked whether he was suggesting that the beef was not afresh. Somon agreed and said yes. He was asked that he talked about good food provided to workers and insufficient quality, the prosecution did not agree with him because the prosecution’s evidence pointed to at times only two round cabbages for 60 people cooked with water and salt. Somon said he did not agree. He was asked if they were sufficient, he would provide Nabilah, Mito and the two children two round cabbages, water and salt. Somon said he never provided to anyone. He was asked why he would not provide this to his family. It was suggested to him that it was substandard. It was not fit for consumption; Somon said that kind of food, he never gave to anyone. He agreed and accepted that that was not proper to give to anyone to eat. Somon was reminded that thtat was the food that over 100 people in the four houses were forced to eat based on their evidence. Somon said he did not agree. It was said it was not proper or fit to give to Nabilah, Mito and the two children but was it fit for workers? Somon said he never said that.
      
1290. The four houses were forced to cook this food including green pawpaw smashed, salt and water. He did not agree. Somon was asked if he would not give this kind of food to Nabilah, Mito and the two children. Somon said he gave pawpaw to his family. He was asked wehther he was suggesting he gave green mashed pawpaw cooked in water with dalt for dinner to his family. Somon answered he never gave (this) to his family. He agreed and accepted he never said to Nabilah to have some green pawpaw smashed and cooked with water and a little bit of salt.
      
1291. Somon was asked and he remembered he had talked also of yellow rice cooked in water with no meat. He remembered the prosecution had talked to him about yellow rice “kichori”. A picture was shown to him of the yellow rice cooked at Pango house. Somon did not accept the picture. It was suggested to him this particular pot of khichuri was cooked at Pango house while Somon was not yet arrested around September or October 2018. Somon said he did not know. He was asked about round cabbages cooked with water and salt. A picture of prepared round cabbage cut before cooking at Pango house, was shown to him. Somon saw the picture and said he did not agree with it as he did not know. He was asked this was one picture of the food provided by him and Mr Price to the workers during the 17 months. Somon said he did not agree. It ws said this kind of food, cabbage cooked with water and salt were never given to victims but the victims were given proper food. Somon did not agree with the picture. It was put to Somon that it ws him and his company which gave this food to the victims. Somon did not agree. He said lots of local workers ate with Bangladeshi workers. He was asked if he was trying to tell the Court that local workers stayed with Bangladeshi people. Somon said no. He said the local people ate the same food lots of time when they worked.
      
1292. It was pointed to Somon that the evidence of the prosecution witnesses was that the local workers never ate the same food with Bangladeshi, they brought their own lunch. Somon said some local people brought their lunch, they sat and eat together. They knew the food the Bangladeshi people ate. Somon was informed that this was what he was telling the Court for the first time. Neither he nor Nabilah ever cross-examined the prosecution witnesses of local people eating the same food with Bangladeshi people. Somon said he did not remember. It was pointed to him that he did not remember because he never put it to them. Somon was informed that more questions will be asked to his witnesses when called. It was said that this kind of food were cooked in open fire outside because either there was no gaz to cook with or the burner was too small for the big pot to cook with. Somon said he did not agree.
      
1293. Somon was shown a picture of cooking area outside Pango house. It was suggested to him that that was a very basic and rudimentary way of cooking because he did not provide them with proper cooking facilities. Somon did not agree with this picture of cooking area outside Pango house. Pango house did not have this kitchen area. This picture was taken after he was arrested. It was suggested to him he did not really care about the food given to workers and businessmen. He did not agree. He said all the four houses have kitchen with gaz stove.
      
1294. He was asked if at any time he ever went to Pango house and cooked with the person who cooked the food at Pango house. Somon said no. He never cooked with them. It was put to him that as he said he never ate breakfast, lunch and he never took interest of how their food was cooked. Somon did not agree because money was provided by the company to purchase gaz stove. It was reemphasized that they were forced to cook outside like this because they run out of gaz 3 or 4 days and Somon was never there to notice that. Somon said this had never happened. He did not agree. It was put to him he never agreed because he was never at Pango house to see when they cooked. Somon agreed saying yes. But he said he knew these people cooked on gaz but not on fire.
      
1295. He was asked to compare the victims who lived in these conditions and himself, he lived in with multiple burner gaz at his house. Somon agreed and said he was happy with his house, his family. These people also were happy at Pango house. It was put to him that these people were never happy. Somon did not agree. He said these people brought their own family too here. His evidence of gaz supplied by his company, even if there was gaz stove, it was too small for his big pot to cook as it will take too long. Somon did not agree as the company was buying for extra gaz stove and big pots. Even his house used these to cook. It was said he was lying. He did not agree. It was suggested that the additional burner was always kept at Elluk house. Somon did not agree. He said he took it from them to cook and returned it back to them the next day. It was said that when the victims had to cook with firewood, him or his company never provided firewood for their cooking. They had to look for their own firewood. Somon said when he was outside, this never happened. His company provided gaz to these people not firewood. He was asked why they wanted to cook like this if he provided them with multiple gaz stove burners. Somon said he did not agree with them. Pango house has a kitchen. When he was outside no one cooked like this.
      
1296. It was said that the reason why he did not agree was because he never shown care and made the effort to see how they were preparing their food. Somon answered that the reasons was that his company always provided gaz. His company never provided fire. This never happened. That was why he did not agree. Somon was asked if he did remember he said he never went to Pango house when they cooked. Somon said he said he never cooked food with them but he saw when they cooked in the kitchen. He was then asked so if he never cooked with them how could he deny that sometimes they were forced to do this? Somon explained that when he went to Pango house he never saw any place of fire like this outside. Pango house was a luxurious house. It was said he never really cared for these people for how they prepared their food each day. Somon said his company took care of them, provided any notice to them. He was asked that the only thing that caused him to hold meeting at Pango house was that he got money out of them, the businessmen? He said he never said he collected money from them.
      
1297. He was also asked that he also visited Pango house, he enforced his company rules, and he and others assaulted them. Somon did not agree. He said he never forced anyone. This never happened. It was suggested he also went to Pango to oversee some renovation work to the house beside the sea, hoping to make some money out of that. Somon accepted he visited Pango house. It was suggested to Somon that he provided substanded quality food to people he looked after because he was not prepared to spend lots of money on them because less he spent money he will reduce the amount of money spent. Somon said he did not agree. He said his company spent money and provided quality food. They cooked their own food.
      
1298. Somon was informed that he was shown three photographs relating to food. The first was a picture of a pot of khishori, the picture showed to him was not the special khichori prepared during the festivities but this one was a simple one with water as it would have been cheaper or inexpensive to buy. Somon said he did not agree. It was suggested it was cheaper. This was what they had to eat. It was cheaper to produce. Somon did not agree. It was pointed to him that he had avoided the question purposedly. Similarly, the second picture was of round cabbage which was the only ingredients, cabbage, water and salt. It was cheap to buy. Somon answered he never saw any water or salt for cooking. He saw cabbage prepared for cooking. Somon was asked that in truth he was never around to see what they prepared. Somon agreed and accepted he was not with them. He said he never provided that kind of food, the cabbage.
      
1299. Somon was asked and he said he remembered the prosecution asking question about smashed green pawpaw. It was pointed to hm that the green pawpaw was not even bought by him or even his company. Only few of those pawpaws were taken form trees at Tassiriki. But most of them were stolen at Norpow. Somon did not agree. He said there were a garden of vegetabvle and three lines of pawpaw at Tassiriki house. It was pointed to him that there were not much pawpaw trees at Tassiriki house, he lied? Somon answered Tassiriki house has enough pawpaw trees. None could steal from someone. He said they made the case more serious that was why they gave this kind of evidence. It was said that the point was that Somon provided cheap food to victims. This was he provided no food so the victims provided for themselves. Somon said he did not agree. He bought the cow.
      
1300. About the cow, Somon’s evidence was that the cow was slaughtered at the farm and brought at Tassiriki or Pango to be processed for human consumption. Somon agreed saying es but also for processing at the farm. It was pointed to him that this was never said at this trial. This was the first time. Neither in the cross-examination of prosecution witnesses or at Somon’s evidence in chief was this raised. Somon answered that he provided in his exhibit in court of processing meat at the farm. The prosecution said the picture was about slaughtering the cow at the farm but not aout processing the cow. Somon said the picture was about cutting meat. The prosecution said they were going to object to processing of the cow in the farm.
      
1301. Somon was asked when he processed the cow at Pango house or Tassiriki did he have permission to do that. Somon answered he did not know. No one explained this to him. He was asked and he admitted he did not obtain any permit. It was put to him that he had breached the regulation of processing large carcasses of animals. Somon admitted as he did not know. It was suggested to him and he admitted that the evidence of prosecution witnesses was that most of the processing was done at night. It was suggested the reason to do this at night was that he avoided people see him do this which he knew it was wrong? Somon did not agree because it was different from the farmer. He was asked to answer the question. He did it at night in order to avoid the eyes of the law. Somon said he did not know that law. It was different for the farmer when he wanted to suplly the cow for him.
      
1302. He was asked that he said he did not know the law but he wanted to represent himself as an international investor. He was expected to know what was right or what was wrong. Somon said he did not agree with the prosecution. Somon had known that this kind of activities will attract lots of flies and present a health risk to the residence. Somon admitted he did not know any law at that time. It was pointed to him that not only for health risk but also the meat he processed might be unhealthy as he was not a trained abattoir specialist. He answered that it was the choice of the victims. It was stressed that it was not the choice of victims. He provided the cow to them. Was he serious when he said it was the choice of these people or was it another way to provide cheaper? It was the responsibility of his company to provide good food. Somon admitted that his company provided good food. It was said they were talking about processed meat. He was asked why he had these carcasses in the house without proper refrigeration, why did he allow that to happen. Somon answered this was the people’s choice he was just ageed with them. He was asked if he was serious about this. He agreed saying yes. It was observed that it could have been affected the quality of the meat when they said it was smelly as it was exposed to bacterias, that would have affected the quality of the meat. He did not agree. He was asked that there was a big difference between meat processed at abattoir and meat processed at open house at Tassiriki or Pango. Somon did not know. He did not have that kind of experience. It was said that even if meat was put in the refrigerator they would already have been infected by the bacterias. He did not agree. He ate the meat, his family ate the meat. Local people also ate it. Somon accepted that not all the meat was eaten the same day. They put the meat in the fridge. And he was asked that if the fridge was not working properly as the prosecution witnesses said, they would affect quality of the meat. Somon did not agree. It was said that that explained the reason why prosecution witnesses were telling the truth when they said they ate not quality meat provided by his company. Somon did not agree. It was said it was the first time Somon said this. It was not put to prosecution witnesses. He was asked that the amount of food and the meat put in the fridge was excessive. Somon said all the fridge was working. The three photographs were tendered as Exhibit P46 (A), (B) and (C) through the recalling of prosecution witness No. 4, Shahine confirming he was the maker of these three photographs.
      
1303. Questions about provisions of beef to the victims were asked to Somon. It was said the process of the cow was done in the good part of the night until the early morning. Somon did not agree. It was said what was involved was a carcass with the skin in depth. They cut and cleaned inside. They cut the meat and bones. That took time. Somon said he did not know. These people finished one or two hours. Then he said he saw. Somon was challenged that he had first said he did not know then he said he saw. Somon said lots of people, 20 people processed the cow. It was said either he was trying to tell lies or whether he did not know when he suggested 20 people involved. It was suggested to Somon that none of his people were skilled butcher. Somon did not know. It was suggested it would have been impossible for 20 people to have processed the cow within two and hald hours. Somon said he saw them. It was suggested he was never there from the start to end of the processing of cow. Somon denied saying two or three times he was with them. He accepted he was not with them from start to end all of the time.
      
1304. Somon was asked that if his answer that he was there sometime was accepted, then he would know when they started and finished. Somon did not answer the question but he said these people processed the cow iwht two and half hours. It was suggested to him that they took four to five hours to process the cow as none of his people have the skills of abattoirs people and they did not use skills knives. He maintained they took two and hald hours to process the cow. It was said that the carcass would have been brought after 10:00pm at night. Somon did not remember. It was said his people would work the whole night to process the cow. Somon said he did not agree for them to work the whole night. He was then asked because he was never there with them. He said he was there sometime.
      
1305. It was pointed that there were evidence some were reluctant to process the cow. So they were forced to. Somon disagreed. He said there were no supervisors at the houses but only at the work place. Somon was told that the prosecution evidence about supervisors at the houses was not challenged. That part was excluded from his evidence. It was mentioned that the process started from 10:00pm to early morning at least 7 hours. Somon did not agree. He was asked that this was the cow that would have been slaughtered in the morning and brought by night to avoid the detection? He did not agree. But he admitted that sometime, they killed the cow at night. So it was said it would have taken 5 hours before the process started and two and half hours to process. So 7 hours that was the condition under which the cow was processed. Somon said no as after the kill, they brought the cow to Pango, Tassiriki and they took two and half hours to process. Somon admitted he never processed the cow. Somon was asked at before the end of 12 hours the meat would have been exporsed to bacterias. There were no cooling system and the knives used were not cleaned properly. They could have helped to spread the bacterias. Somon did not agree. Somon was asked and he accepted that he said they processed the cow also sometime during the day. He was asked about the times and he could not tell the court but he relied on his pictures. He was asked whether it was in the morning or afternoon. Somon said he could not remember the exact time. He was asked that it was convenient that he answered the question. He answered he did not remember.
      
1306. Somon admitted that during the day when the meat was exposed to the high temperatures, the meat was more likely to be deteriorated because of the place and absence of cooling system. He added the meat was very fresh. And when he was confronted that he was not a scientist, he admitted that he could not say the meat was not exposed. He also agreed and accepted that the same meat would be stored before they finally eaten by the victims. It was said that by which time, the process of deterioration will be as such the meat will become smelly. Somon did not agree. He was taken to different times he did this in the night to avoid the law. He did not agree. He did not know the law. He said if he knew he would have obtained permission. It was said that when he processed the meat throughout the night, the neighbours will see what he did and will raise concerns. Somon did not agree and he said he did not receive complaints form the neighbours. Somon was then asked if he did hear the evidence of the complaint made by the neighbours at Tassiriki. It was pointed out that this evidence was never challenged. Somon was asked why he did not challenge that evidence when it was given. When that evidence was given by the prosecution witnesses, it was pointed to Somon that he said he did not agree. So he was asked why he did not answer that evidence. He was informed the police also enquired. Somon said he thought it will never come to court. It was put to him he was not concerned about the neighbours and the complaint to the police. Somon said he did not agree.
      
1307. Somon was taken to the extensice description of breakfast available to his staff such as grapes, apples, butter and others. Those things were just for Somon and his friends who did not include Aroun and Shohel as they said in their evidence. Somon did not agree. Some of the evidence were asked by Nabilah but what Somon said were not put to Aroun and Shohel. Aroun and Shohel Rana gave evidence in this Court they never agreed with Somon’s versions. They were not challenged of what Somon said. Somon was asked why Aroun and Shohel were not confronted with their evidence. Somon said so many things about the breakfast he did not remember them. Somon was asked if he did not remember he should just say he did not know. Somon said he did not agree.
      
1308. Somon was asked of the construction opposite Tana Russet. It started about early part of December 2017 from the evidence of the prosecution. Somon said he did not remember but his evidence in chief said the construction work started toward the end of 2017. The workers described the work they did during that earlier part with their bare hands, using basic tools. Somon said he heard that evidence but he did not agree. It was said by the time Somon brought changes most of the hard labour work have been completed. Somon disagreed, although, he said he remembered that Nabilah challenged their evidence and said they were well protected with machines but Somon said he could not remember what kind of question she put.
      
1309. It was asked that when the prosecution witnesses gave evidence they described the work they did without the protection gears. Somon said he did not but he provided for them. Somon agreed and accepted he provided a letter from Trade Tools dated March 202to support what he said. However, he admitted the letter explained itself as it was a confirmation of what it contained. He admitted it was not an invoice. He admitted also that it was not a receipt but only a letter. He was challenged that as a businessman he understood the value of a receipt and so why he did not aske the Trade tools for a copy of the receipt. Somon said he did not know. He accepted the letter said Mr Price purchased safety boots on three occasions in May to June 2018. Somon accepted the letter of March 2018 was the only documentary evidence he had produced in his evidence in chief. Somon admitted there was no evidence of safety shoes or boots sold to Mr Price by Trade Tools.
      
1310. It was suggested that the letter of March 2018 was not a receipt. Somon did not agree. But Somon accepted that before May to June 2018 purchases, there were no safety boots paid to Trade Tools by him. As evidence, Somon said he showed pictures. It was put to him that he showed many pictures and many people were not wearing safety boots. It was said none of the prosecution witnesses was confronted with the pictures. Somon explained that the pictures were with the police. He was challenged as to why he did not refer to them. He admitted he never asked questions about the pictures as they were in the custody of police. He was challenged as to why he did not refer them in the cross-examination of the prosecution witnesses? Somon gave the same answer that they were in the custody of police.
      
1311. It was put to Somon that when he purchased the boots from Trade Tools, the costs were deducted from the salaries of the workers. Somon said he did not agree. It was said he did not challenge the victims and when Nabilah cross-examined the prosecution witnesses she never cross-examined the witnesses on the costs of the boots that they were deducted on the salaries of the workers. Somon was told this was not the time to disagree with the workers. The time has gone. Nabilah has cross-examined the witnesses but she did not cross-examine the witnesses on the costs of the boots deducted from workers salaries.
      
1312. It was put to Somon that Mr Price never acquired other protective measures than what in their letter of March 2018 from Trade Tools. Somon disagreed and said he purchased most things from Wilco. The prosecution asserted that from the prosecution witnesses there were not provided with safety boots at least at the very early stages of the work at the construction site. Somon admitted. He was asked why he did not aske for the inclusion of other documents instead of just the safety boots from Trade Tools. Somon said because he never asked for. He was focused only on safety boots. It was said the prosecution knew he did not ask. It was suggested to him the reason why these other things were not included was because Somon have nothing. Somon said he did not agree. The prosecution asserted that Somon attempted to make assertions that workers wore safety boots. It was put to him that in most of the photographs workers were not wearing safety boots. Somon said his company provided safety boots. The prosecution asserted that the people seen in the photographs were not wearing the safety boots. He was trying to create a false impression. It was put to him that was the same as the videos showed on 9 March 2018, showing 9 people, and only one pair of safety boots. Somon said he provided safety boots and whether they were wearing them or not; he could not say. He was challenged that that was not what he told the Court.
      
1313. He was asked questions about lunch break at the construction site as Somon told the Court that workers had one hour lunch break. It was said Somon have heard evidence of prosecution witnesses and this for the workers starting for the project way back in December 2017 they said they were provided with any protective measures. Somon did not agree with workers. It was said to Somon that given the evidence that they have asserted in Somon’s cross-examinaiton, particularly in the early part of construction work from December 2017. May 2018, a period of 6 months, the Bangladeshi workers were not provided with safety measures. Somon did not agree. He said his company provided for everything. It was said the fact that the workers were ill-protected was the reason they were injured and they told the Court about it in their evidence. Somon disagreed.
      
1314. It was observed that it was during this period that most of hard work was carried out by Bangladeshi people. Somon said he did not agree. The workers worked together. He was challenged that if he maintained that his workers never did hard work did he eve go and pull grasses with them without protective measures. Somon admitted he never did. It was suggested he really did not care about the welfare of the workers. He did not agree. It was said he exploited these workers for his own benefit so that he could earn mony for the opening of the market. Somon disagreed. He said the workers did the work not free. They made money. It was thei job. It was said he intended to use them to do hard work but it was not their job. Somon disagreed. It was said the workers were brought in for different work promised to them. Somon disagreed. Somon was challenged that the workers said in their evidence that hey were ill-suited to do this kind of work. It was not their job but Somon exploited them. Somon disagreed and said if they told him he would never pay those 50,000 per month, food and accommocation. Somon admitted and accepted that this included the 21 workers. It was said they were more than 21 Bangladeshi workers at the construction site.
      
1315. Somon was referred to Exhibit P3 page 13. It was the letter about 21 Bangladeshi workers on the construction site. It was pointed out that the workers were ill-suited. Somon said it was their job. He was invited to look at their work description and qualification. Somon answered because he did not have a workshop. They wanted to do the work. He provided the information to the Labour Office. It was said he falsely provided this information to Labour Office. Somon disagreed. He said his company was doing work for clothing not paper work. Somon was asked to go to No. 10 on the list, Nazzrul Mohammed Islam – Technical Engineer. This was not his qualification. Somon was invited to answer as these people said; they did not have these qualifications. Somon said he disagreed. It was said that these people did not tell Somon about these things but Somon created this document (Exh. P3) to set up a company he was prepared to tell lies to the authorities in Vanuatu. Somon did not agree. It was said that what the workers provided was also provided to the Labour Department.
      
1316. He was asked that when Mushahed gave evidence he was never confronted with the email he wanted to tell the court. Mushahed had never said he had this technical qualification. It was suggested to Somon that he fabricated these documents like his brother Kamrul fabricated documents in India. This was part of his modus, the way he did things. Somon said he did not agree. So Somon was asked whether he was the one who provided the information. Somon denied and said it was Nabilah. Somon was asked to answer why Mushahed Miah was not shown that email when he gave his evidence. Somon said it was with Nabilah and not with him. Somon was referred back to Exh. P3 page 13 as he said the letter was given through an email to Nabilah. Mushahed denied. So why did not he show the email to Mushahed? He repeated the email was never come to him but when the question was pressed that he must have seen these documents that were why he said these things. Somon admitted. He was asked why he did not confront Mushahed when he denied. Somon accepted he never asked the question but Somon did not answer why after he was asked several times on the same question. It was put to him that the reason was that there was no such an email. Somon did not agree but he did not answer the question.
      
1317. Somon was invited to go back to the original question apart from Shohel Rana (Accountant) and Hasan MD Kamrul (Nos. 3 and 18) the other documents were fabricating documents because these 21 owrkers and others were ill-suited to do the work. It was said he exploited them and he knew that. Somon said he did not agree. It was said he employed these workers under harsh conditions, long hours work and he did not provide protective measures. Somon said he did not agree. It was said they promised work. For some of them, some may be paid salaries but this was not what they promised to do. Somon did not agree. It was said Somon’s intention was for the people to complet his project with little expenses so without recruiting proper company construction standards, he exploited these people. Somon disagreed and said he had budget fro the project.
      
1318. He was challenged that that budget was never supported by proper documentations as Somon just said that in his answer to the question. Somon did not agree. Somon was told that in any business project, he will explore to the authorities the kind of money he will expand. So Somon never did so from his own answer. Somon said he did not agree. He provided his whole business plan. Somon was asked whether his business was about hiding documents. Somon denied.
      
1319. Somon was asked questions as to how or the manner which the workers were recruited. In this case, Somon admitted and accepted that the recruitment was primarily carried out in Bangladesh. Somon admitted workers were not sourced from any other country. Somon was asked first about Taibur Rahman. Somon was asked and he said he did not agree that Taibur lived with him in South Africa when he was there. Somon was asked that Taibur had been a very close associate of him for very long time. Somon said he knew Taibur thorugh Shohag. Somon was challenged that what he said was not true as he had known Taibur to a point as his son. Taibur was regarded as his and Nabilah’s son. Somon disagreed.
      
1320. It was said this Taibur was married to Mito and Mito still lives in Vanuatu. Somon said he did not agree. This was a different Taibur. Somon was shown Exh. P4 page 3 of series of photos. Mito was in photograph A and Taibur was in photograph B. Somon answered he did not know. It was said Exh. P4 photograph B page 3, this was the person the prosecution referred to as Taibur. Somon said he understood but there were two differents Taibur. It was insisted that there was no other Taibur that the prosecution was talking about. Somon answered that this Taibur (Exh. P4 phot B) he saw him in Vanuatu. Somon admitted and accepted that this Taibur at photo B was the husband of Mito and he was also the biological father of the two children in photos C. this was the Taibur the prosecution was talking about. Somon accepted it saying yes. But he said Taibur and Mito were already divorced. Somon was then asked Taibur was introduced as his and Nabilah’s son. Somon said he did not agree. He was asked that this was the Taibur that witnesses said he assisted Somon and Mr Price escorting victims to Vanuatu. Somon denied saying he did not agree. It was said Taibur was so closed to him and Nabilah that Nabilah travelled to accompany Taibur to Vanuatu. That was the relationship between that family and Somon and Nabilah. Somon admitted saying yes. It was said whether Nabilah’s purpose was to accompany Mito and her daughter, the answer was not know but that was the first trip to Vanuatu. Somon said he disagreed. Somon was asked that he had said that Taibur and Mito were divorced. Somon accepted saying yes long time ago. He was asked when it happened. Somon said he did not remember but Somon accepted that Mito is still in Vanuatu with her two children.
      
1321. Somon was asked about the evidence that Taibur and Mito were divorced. Somon said he did not have it with him. Somon was asked whether it was that document he presented to the Court when he sought bail at one point in time. First Somon seemed not go remember but later on he accepted that the document was in Bangla language. It ws dated 25 January 2018. According to that document of divorce, Taibur was aware of thse proceedings. That document was translated from Bangla to English as follows:
      

“Registered document by the Notary Public.

192 of 2018 – date: 25 January 2018




To Notary Public

Nator Bangladesh Affidavit about divorce.




I am Taibur Rahman. Date of birth: 2 March 1974. Father: MD Mujamel Haque – Mother: Amena Aktar. Post office Borchowna. Police station – Chokipur District Tangai. Nationality – Bangladeshi. Religion: Islam. Occupation: business.




I am announcing that I have knowledge, understand my own good.

14 June 2003, I married to Mito Aktar from Tangai District. Police Station – Chokipur. Post Office – Kochurwa. VillagE: Kirtonkhula. Father name: Mustafa Kamar. Mother name: Aysha Aktar.

We married Islamic faith. It is registered.




After marriage, we live in my house as husband and wife. During that time my life, all the time, she did not listen. She broke Islamic laws. Every small issue she started to argue with all my family members and create problems with my family. Such behavior of her, I tried to protest, but she did not listen. She created problems in our families. After the entire situation, I could not continue this marriage. That is why 25 January 2018; I divorce my wife Mito Aktar.




From now, Mito Aktar and I we are not husband and wife. In future, we cannot call each other husband and wife. If we call it will be rejected because of this affidavit. Sealed and signature.”



1322. From this document, Somon admitted and accepted that Taibur was from Tangai District. Nator is quite a distance. It is about 23km from Tangai. Somon admitted and accepted that this was the document he and Nabilah put to support his application for bail. Somon admitted and accepted that when this document was presented to the Court neither the prosecutor nor the judge had the detailed information. This was presented to prove that Taibur was divorced from Mito. It was pointed to Somon that this was neither a court document nor a registry certificate of a divorce. Somon said he did not know because this was a Bangladeshi document. Somon admitted and accepted saying yes that it was surprising that he said he did not understand because he gave this to this lawyer as prove of the divorce. It was pointed to him that this was not a divorce certificate issued by court in Bangladesh or Registry certificate for divorce. Somon admitted he did not know. He said he received this from his wife and gave it to his lawyer and also his divorce certificate. Somon was asked to clarify what he meant was his marriage certificate. He said the divorce letter; the divorce certificate and his marriage certificate. Somon said he understood this document to be a divorce certificate before a Public Notary. Somon was asked of the nature of this document and he said the documents were called Notary Public for divorce.
      
1323. It was said that the document in front of Somon was a sworn statement sworn before a Notary Public. Somon said he did not know. It was pointed out that the sworn statement before the Notary Public was dated 25 January 2018 and on that date Somon admitted and accepted that Mito was in Vanuatu with him. He accepted that Mito arrived in Vanuatu in June 2017. Somon was questioned that it was about 6 months before the sworn statement by Taibur. Somon answered no, he did not agree as when Mito arrived in Vanuatu, she gave that letter. It was reemphasized that the sworn statement was made 6 months after Mito arrived in Vanuatu, so Somon was asked to repeat his answer. Somon said he did not remember. He saw the date of the letter was 25 January 2018. Somon admitted and accepted that when Mito arrived on 25 January 2017, she was expecting the second child. Somon admitted and accepted also that Nabilah travelled to Myanmar to meet with Mito and her daughter (Tasfea) to bring them to Vanuatu. Somon admitted also that Nabilah went there not only to take Mito and Tasfea but also other people to Vanuatu.
      
1324. Somon agreed that he heard the translation of this sworn statement and that particular part of the statement of Taibur and he accepted that the statement meant Taibur would not have anything to do with Mito after 25 January 2018. Somon was asked if this document was correct and accurate why then Taibur came back to Vanuatu and stayed with Mito at Somon’s house, not once but twice. Somon denied this saying Taibur never stayed with him. Somon was confronted with Exh. P8 which showed that Taibur escorted group 7 of 11 victims. Somon agreed saying yes. It was said Taibur had returned on 18 July 2018. It was showed that Taibur arrived in Vanuatu 4 months after the divorce and his second trip was 6 months after the divorce. He spent time with his family at Somon’s house. Somon said he did not agree with the prosecution. This Taibur in Exh. P8 was not the same person. The name was the same. In the picture Exh. P8 this was Taibur Rahman Shohag’s friend. [This part of evidence was excluded as part of Somon’s evidence as throughout this trial there was only one Taibur and was the Taibur that has been identified at Exh. P4 page 13. All the witnesses mentioned and identified him as the only Taibur. The witnesses have never been confronted with another Taibur as Somon suggested in this part of his evidence under cross-examination. That Taibur has been referred to as the son of Somon and Nabilah. He was the husband of Mito and father of the two children. That there were two Taibur was never mentioned by any witness and put to him. That evidence is rejected.]
      
1325. It was said that on this occasion several months after that the sworn statement was supposedly sworn by Taibur. Somon disagreed. It was suggested to Somon that if this affidavit was true, Taibur would not spent time in Vanuatu with his wife and children on those two occasions. Somon disagreed. It was said the later part of that affidavit seemed to suggest that Taibur did not want to have anything further with Mito. Somon agreed. Somon was reminded that while Taibur said that in that supposed affidavit, Taibur came back twice in Port Vila. First tiem was 16 May 2018; the second time was 18 July 2018 and stayed at Elluk with his wife. Somon said he did not agree. Somon was reminded of the evidence of Rohul Nure, how he spoke with Taibur on the phone and handed over the phone to Taibur’s daughter Tasfea well over January 2018. Somon said he did not agree and he did not remember. It was suggested to Somon that both Taibur and Mito knew they were still married but Somon were the one who tried to separate them. He did not agree. He was asked as to why he stopped Tasfea to talk to her dad? He did not agree.
      
1326. It was suggested that the same way Somon treated the victims, he treated Mito and Tasfea. Somon did not agree. It was said Taibur expressed or showed to some of the witnesses, his foundness at Singapore airport of his family in Vanuatu. Somon disagreed. It was put to Somon that Taibur’s return to Vanuatu and his attempt to speak to his daughter and the supposed affidavit did not correspond to Taibur’s foundness to his family. Somon disagreed. It was suggested to Somon that this affidavit to a Notary Public was a fake document. Somon did not agree. Somon was asked that if he had picked up the document he will see the waterlilies a missing line. Somon did not agree. It was suggested that not only that affidavit but the entire document was a fake document. Somon did not agree. It was pointed out that these documents were filed on 16 April 2019 in an urgent bail application. Similarly it was just a mere black mark. Somn was asked whether he heard the evidence of prosecution witnesses of the ease with which documents were falsely fabricated in Bangladesh. It was suggested this was such a document. Somon did not agree.
      
1327. Somon was challenged on his evidence that when he filed that bail document there were two documents, the letter and the marriage certificate. It was untrue when he said there were three documents. Somon said he provided three documents to his lawyer. Somon did not agree that his lawyer could have leaved it. Somon was confronted again with his evidence in cross-examination when the prosecution put to him he was from Tangai District of Bangladesh. And his police district was Ghatal. Somon said he did not know. It was pointed to Somon that he had come to know Taibur earlier before he and Taibur went to South Africa. Somon said he did not agree. Somon was then asked as to why Nabilah went to Myanmar; it was because of his close relationship with Taibur. Somon said he did not agree. He said he has a relation wih Mito not Taibur. It was suggested to Somon that the truth was the contrary, well before Taibur married Mito on 13 June 2003, Somon knew Taibur. Somon disagreed. Somon agreed and accepted that after Mito arrived in Vanuatu in 2017, she never returned in Bangladesh and she has since stayed in Vanuatu. Mito was in Vanuatu in August 2018. Somon agreed and admitted as well that he also was in Vanuatu in August 2018.
      
1328. Given Somon’s marriage certificate that he filed with his application of bail, he was asked to read the following:
      

“Government of the People’s Republic of Bangladesh – office of the Muslim Marriage REgistratio and Kazi – Digokandi Union Kazi Office.

Further address FS Ghatail, District Tangail, and Bangladesh.

Registration No. A Book No. 02

Page No. 30. Date: 7/8/2018




Marriage Certificate.




This was to certify that Somon Sekdah Father’s name: Sabre Amhammid – Mother’s name: Samy Begom, village – Registrar General HRF country – Zimbabwe. Date of Birth: Januaty 12, 1983, was married to Mito Aktar. Father’s name: MD Mostafa Kamal. Mother’s name Afesha Akter village Kirton Khula PO Kachura. PS Chakipur District Tangail. Date of birth 15, 1987.




Marriage was solemnized 7 August 2018 on the 7^th August 2018.

Being registered dated 7 August 2018.

Signed: Nika

Kazi”.




Somon agreed and accepted this certificate was issued by the government of Bangladesh. Somon was further asked which was located in the area of Ghatail and Tangail District. That was the area the prosecution suggested Somon came from. Somon did not agree. Somon’s attention was drawn on the date of 7 August 2018. Somon was reminded that he said Mito and himself was in Vanuatu. This marriage certificate was solemnized in the office of the Kazi or Mica region on the 7 August 2018. Somon said yes it was true.



1329. Somon was confronted instantly as to how could he solemnize a marriage in Bangladesh when the two persons married were many many thousand kilometers away? That was what this document said. Somon said this was possible on the online. It existed in Bangladesh. Somon was asked that the work solemnize was in English language, did he understand “solemnized”. Somon said he did not understand. Somon was instantly asked to explain his evidence in court when he was telling the court this was true document. It was suggested that marriage ceremony was conducted and registered in the office of the Kazi and Mika Registered at Ghatail in the district of Tangail. This was in English. This was what the document said. The document did not say it was in Port Vila. Somon said this was the way you did marriage online in Bangladesh on video call. He said he called them on later on and he got his marriage certificate.
      
1330. It was put to Somon that he was laying. There was no such marriage in any common law countries or any country, even in Bangladesh. It was said Somon was misleading the Court. Somon said he did not agree. He followed these people rules. He said the prosecution could check on the online. It was put to Somon that he could not solemnize a marriage in the office at Bangladesh when he and Mito were here in Port Vila, Vanuatu. Somon disagreed and said they could marry on the online. It was pointed to Somon that apart from the physical difficulties, there was also the laws of Vanuatu could not bind this marriage as ti should not happen. Somon disagreed. It was said the two people who married were in Vanuatu, the eople who conducted the marriage ceremony was in Bangladesh. Somon was asked if he was saying the law of Bangladesh operates also in Vanuatu. Somon said he did not know. It was said the marriage certificate made in Bangladesh was a document made under the law of Bangladesh. Somon was asked if he was telling the Vanuatu courts to apply the Bangladesh law and whether he was serious. Somon said he never said this. He said he had just given his papers to his lawyer as he was not present in the bail hearing.
      
1331. Somon accepted he did sign a sworn statement in the Supreme Court of Vanuatu on 16 April 2019. Somon agreed and admitted that paragraphs 3 and 9 of his statement referred to a woman outside with two children. He also affirmed this in his statement that Mito was his wife. It was put to Somon that this marriage certificate was a fake document, a legal false as it was not legally possible. Somon said he did not agree. It was said that if Somon said he was relying on Rules, they were deliberately mistaken or fraudulent. Somon disagreed. It was said that Mito’s parents lived in Chokipur long distance away where the marriage was registered. Somon said he did not know. It was said to Somon that the details of the marriage certificate were registered on 7 August 2018. Somon said he did not know. Somon was asked that he relied on this document. The document referred to a Book. It was suggested that the supposed marriage was recorded for date base purposes. Somon said he did not know. He saw the Book Number. It was said to Somon that even though he wanted his marriage to be solemnized, he was not interested in the way the certificate of his marriage was to be produced. He did not agree. Somon agreed that this marriage certificate suggested a Book. It was put to Somon that there was an inspection made at this office and there was no record of his marriage with Mito. Somon did not agree. He was asked as to why he did it. He said he had the marriage certificate. He was invited to look at the marriage certificate and to look at the seal with waterlilies but not the proper stamp. Somon did not agree. Somon was invited to see the official Bangladesh Government Official Seal. He said it was up to the prosecution. It was said the official Bangaldesh Government official seal which showed waterlilies and stamp. There was a sample and the documents produced by the Bangladesh Government were genuine but not fake. Somon said he did not know. It was put to Somon that this was a fake document dated 7 August 2018. Somon did not agree. He was asked and he said he did not want but if the prosecution wanted they could do.
      
1332. Somon was asked about a village called Atharodham at Tangai district, Bangladesh Somon came from. Somon denied he was a Bangladeshi national and said he never went to that place. It was suggested to him that his mother in Bangladesh is still alive. Somon disagreed and said this was the thought of the Public Prosecutor. It was put to Somon that this village was only two and a half hours from the place they produced this marriage certificate. Somon disagreed. He was asked as to who arranged the solemnized of his marriage through this registry. It was suggested to him whether it was Kamrul? Somon disagreed. He was asked again as to who arranged this solemnized marriage? Was it one of his brothers or sisters? It was a small place, a small office. It was said that if Mito lived far away as Somon said he never went there who organized this marriage? Somon said this was organized by Mito’s parents. He said the two parents were in the office. He said a Muslim marriage when doing before Nica; they did not need to be present. He did not need to be present in the marriage. Somon was asked about the Muslim marriage, was it required that the persons present before the solemnized the marriage. Was it not this proper requirement with at least two male witnesses? Somon was asked to answer. Somon answered it depended on the parents of both families man and woman. If the parents without the presence of woman and man and if the man and woman agreed. There were also different options. Somon was challenged and was asked if he really knew what Muslim marriage was about? It was said Muslim marriages have most very strict rules of marriage. Somon said he married two Muslim marriages. He said he had a good experience. So he disagreed. Somon was challenged that the witnesses needed to be physically present but not online. He was asked who his representative was during this marriage, he was aske to answer. Somon said he did the marriage online. He did not need all the parents together in the same place. He did not have the parents in Bangladesh. Somon was asked who the witness was. Somon answered Nabilah and Palas and another person he said he did not remember the name.
      
1333. It was said Somon did not know Muslim marriages. There was no such thing as depended on situation and or there was no exception. It was said Somon purporsedly produced this fake certificate to the court here. It was said the place where the marriage was said to occur was in the village near Somon’s village near Somon’s home town. Somon said this was up to the parents to decide. He did not have any house at Bangladesh. These people knew better. It was mentioned that the marriage certificate referred to a Book. There was no database when the registration was done. The small town registry did not have the internet. Somon was invited to tell the Court. Somon said he did not agree with the prosecution. He said they did the marriage in the phone. Somon was told that the prosecution could not step on the area of the Court as on the evidence there was no internet, there was no database and so how this marriage was solemnized? Somon said it was online on internet. His wife’s parents were in the office and others also present. Somon said this was done with his video call with the phone. It was said that registry was the closest to Somon’s village, although he was not from Bangladesh. Somon answered he did not know. He was asked whether his parents did have a say as to where the marriage took place. Somon said he did not agree with the Public Prosecutor. Somon was asked why Mito’s parents have to travel to a small place like this. He said he did not know. It was said Somon did not even care to find out where his marriage too place. Somon said he did not agree.
      
1334. Somon was asked questions about his brother Kamrul Sekdah. Somon was asked whether his brother Kamrul was very close to him when Somon did business in South Africa. Somon answered he did not agree. He was asked that when he started the recruitment of Bangladeshis to Vanuatu the subject of this trial, Kamrul Sekdah was aslo very supportive of Somon. Somon said he did not know. Somon accepted he heard various prosecution witnesses about the involvement of Kamrul. Somon did not agree that while in South Africa he worked very closely not only with him but with Taibur as well. Somon did not agree that they all came from the district of Tangail. Somon agreed and admitted the person in picture Exhibit P4 paragrapah C was referred to as Kamrul Sekdah. It was the same Kamrul who came twice to Vanuatu escorting people. Somon admitted Kamrul travelled with some Bangladesh people to Vanuatu twice that he could remember. It was suggested to him that Kamrul Sekdah came to Vanuatu twice and the first time was on 31 May 2018 he escorted 9 people and the second time was on 26 September 2018. Somon said he did not remember the dates but Kamrul came to Vanuatu twice. It was suggested to Somon that he should remember because according to prosecution witnesses Somon went to the airport and waited for Kamrul (his brother). Somon said he did not have a brother. He did not travel to airport for any Kamrul. But he remembered Kamrul came to Vanuatu. He was asled and he did not denied but he said he did not remember he and Nabilah took him from the airport and took him at Somon’s home at Elluck. It was said on that last occasion, Kamrul escorted the last group of 10 witnesses including Shahine. Somon did not deny but he said he could not remember but he remembered Kamrul came to Vanuatu with these people. He denied that on these two occasions, Kamrul stayed with him at Elluck. But he said Kamrul came to his house to visit.
      
1335. Somon was shown picture of Kamrul at Exh. P4 paragraph C and it was when Kamrul was arrested by the police in Bangladesh and Somon was asked he could see a police officer on Kamrul’s side. It was suggested to Somon that this picture of arrest took place at Nator Disctrict near the Benapaur Border with India. Kamrul was trying to cross the border into India when he was arrested. Somon answered he did not know. He was not important to know this. This happened in Bangladesh. He accepted he could see a police officer near Kamrul and two others were there in the picture. Somon disagreed with the suggestion that he would have known as Kamrul was not only his brother but a close accomplice.
      
1336. Somon was referred to the supposedly sworn affidavit by Taibur he was shown on last Wednesday night. The translator translated its content. Somon said he did remember. There were stamps in the middle of the document. Somon accepted it was an affidavit sworn before a notary public. Somon accepted. Somon was asked the second in that document was where this document was created and where the notary public was located. Somon said he did not know. The translator translated it. The name of disctrict was Nator and the name of the country was Bangladesh. Somon said he did not know. It was put to Somon that the lawyer who made this document was at Nator District. Somon accepted and said yes Nator, Bangladesh. Somon was told that the first two lines of the said supposed affidavit of Taibur suggested that the Notary Public created this document affidavit. Somon said he did not know. Somon was challenged because he should have known as this was his document. Somon produced this affidavit document in court to support his application as a genuine application. Somon said he did not agree. He said he knew as his wife provided this document to him.
      
1337. Somon was asked this place Nator was the same place where Kamrul was staying before he attempted to travel to the border to India and it was suggested Kamrul may have had a hand on this document before attempting to travel to India. Somon answered he did not agreed with the Public Prosecutor. Somon was directly challenged to his answer as he said he did not agree with the Public Prosecutor so he was asked how he would know to disagree with the Public Prosecutor. Somon answered that because when he translator translated the document, there was no proof showed that Kamrul make this document. He did not know and he said he did not agree. It was suggested to Somon that Kamrul may be responsible to create this document. Somon said he did not agree. Somon was asked to tell the court why he did not agree. Somon said the letter did not say that. It was suggested to Somon that the commonality of the place, Kamrul was there and Kamrul was known to have manufactured documents before. Somon said he did agree. It was said to Somon that the question that the prosecution have asked was evidence of Taibur and Kamrul very close association with Somon even before the recruitment started.
      
1338. Somon agreed and accepted he had relationship with business people in Bangladesh. He admitted he mentioned few by names and names of their company as well. He was asked he admitted that in his business dealing with Walton Electronic Company in Bangladesh, Walton Electronic Company agreed to supply Somon electronics Somon intended to supply in Vanuatu. Somon admitted he knew the Marketing Manager and the owner of that company. Somon accepted he has the business relation with companies in Bangladesh. It was suggested that one of the officials is Sadiq Mohammed. Somon said he did not know that name. But he had relation with some of the people of that company called RB Group Limited. It was suggested that this Sadiq had a relative whose name was Sharif that Somon met in Micronesia after that Taibur escorted Sharif there. He said he did not agree. But he admitted he was in Micronesia at some point in time in order to set up this kind of business. It was said Sharif had come to Micronesia he was recruited to work for Somon at Micronesia. Somon disagreed. Somon disagreed also that in Micronesia, he disclosed to Sharif he planned to recruit people in Bangladesh to other countries including Vanuatu. It was said Somon asked Sharif to help him with the recruitment process and Somon promised Sharif to pay him a commission. Somon disagreed. It was said at that time, Mr Price Company had not been formed or incorporated. So Sharif suggested that instead of returning to Bangladesh, he will recruit from there. Somon disagreed. It was said that one of the persons that Sharif approached was his cousin Palas. Somon said he did not know. Palas, from evidence, was from Borisal. Somon agreed. It was said after Palas was approached by Sharif, he was introduced to Taibur and Kamrul. Somon said he did not know. But Somon admitted he heard from prosecution evidence that Palas had being the important figure from the recruiting people from Borisal. It was said that that was Somon’s relationsip with Sharif because he did not pay the commission he promised him. Somon said he disagreed.
      
1339. Somon was asked questions about Muhammed Musharaf who travelled form Bangladesh to Vanuatu. Somon said he remembered. Somon disagreed that Musharaf was related to Mito, the mother of the two children and the wife of Taibur. Somon disagreed. It was suggested to Somon that while Musharef was in Vanuatu, he very close to Somon and he was the one Somon used in Vanuatu. Somon did not agree. Somon was asked that the question was about Musharaf and contrary to evidence; Somon was not close to everyone. Musharaf was a loyal to Somon. Musharaf enforced the rules particularly at Tassiriki. Somon did not agree. It was said Musharaf prior to coming to Vanuatu, was doing a clothing business in Shokipur. And while doing that business, Mito spoke to him and mentioned the recruiting of people in your company in Vanuatu. So Mito recruited Muhammed Musharaf. Somon did not agree. It was said Mito’s village was not far from Shokipur. Somon said he did not know. Somon was directly challenged as to his answer that he did not know where Mito come from. Somon then said yes he knew where Mito came from. Somon was then asked where Mito came from. Somon said he did not remember. It was said it was true that Somon did not know the village of the person he claimed of being married to. Somon said he did not know the village name. It was suggested it was not that Somon did not remember but he did not know. Somon disagreed. It was said it was sad Somon did not remember his so called wife’s village because the address that she was known by was more than Shokipur. This was the document Somon purposedly presented to the court which informed the court where Mito came from. Somon said he forgot the name of the place.
      
1340. It was said in the same town also running a similar clothing business like Musharaf and a friend of Musharaf was Shohag. Somon said he did not know but he heard from others. It was put to Somon that Musharaf was not doing clothing business but he was working for someone doing clothing shops. Somon said he did not know. But it was Shohag who had a small clothing shop at Shokipur. Somon said he knew Shohag was doing clothing business.
      
1341. It was said it was after Mito suggested to Musharaf, the opportunity of being employed by Mr Price in Vanuatu that Musharaf then shared that information with Shohag. Somon said he did not agree because Musharaf he knew him from Micronesia. Mito was not with him. Before Vanuatu, Somon said he had already known Musharaf from Micronesia. It was said that Musharaf spoke to the police of his experiences about this. Musharaf said he had never travelled to Micronesia. Somon said he did not know. When he saw Musharaf’s police statement he said he travelled also to Micronesia. It was said to Somon that Musharaf and Shohag agreed to travel to Vanuatu and they had paid the money required by Mr Price or on behalf of Mr Price. Somon disagreed and said this had never happened. Somon agreed that Musharaf, Shohag and Palas were the three people who had travelled from Bangladesh to Vanuatu. The three (3) of them were escorted by Taibur from Bangladesh to Myanmar. Somon did not know. From Myanmar, Nabilah took over as the escort and enroute to Vanuatu, Somon Sekdah joined them at Singapore International airport. Somon agreed and admitted that. They all reached Vanautu on 20 April 2017. Somon said he did not remember the date but he accepted and admitted he travelled with them.
      
1342. Somon was informed that he shall be asked questions about the network he had in Bangladesh. It ws said Somon had convinced Shohag to recruit people through the members of his family in the Tangail District. Somon said he did not agree. Similar, it was said Somon was able to convince Palas to help recruiting people from Borissal directly or through members of Palas’ family. Somon said he did not agree. At this point, two (2) documents were tendered: Affidavit of Taibur dated 25 January 2019 Exhibit P42 and the marriage certificate dated 7 August 2018 as Exhibit P43.
      
1343. Somon agreed he did remember the evidence of Jahirul to this Court of an incident with a broken bottle. Somon agreed that he testified in his evidence in chief that this incident could not happen and never happened for a number of reasons. The first reason was the distance between the chair and the table and this was rejected by the court because it was the first time Somon introduced this evidence. The second reason was the type of table it was. Somon accepted that it was also very vague as reflected in his sworn statement. Then Somon said he did not agree that it was put in a vague way that could confuse people. Then Somon said he was confused. It was suggested to Somon that it was put in a vague way that could confuse people. Somon said he did not agree. Somon was questioned about the description of the table. He accepted the table in his office was a rounding shape table. It was like a counter-table. It wwas like a table that stoop up right. One could put a laptop on it. The height has the leg that would be about 80cm – 90cm. The wide was about 2 and half meters length. The width was about 1.30 – 1.40 meters.
      
1344. Somon was taken back how he described the table recorded in his statement paragraphs 180 – 181. It is said the table in the office was made with leather and underneath with sponge and covered with leather. He was asked that this was similar to what he said in his oral testimony Somon seemed not to understand. Somon agreed and accepted that the construction of the table inside the table it was wood. It was covered with leather outside. Whether it was Chinese or plywood it was wood. Somon did not know. Somon accepted that whether it was wood or bond that held the table standing but the leather was thin. Somon accepted that having accepting the structure of the table, it was the wood that kept everything together. Somon accepted also that in a chair the timber frame gave shape and kept everything together. Somon accepted the table was flat and had edges. The dimensions of the table were 2 and a half meters by 1.30 or 1.40 meters.
      
1345. It was said Jahirul said Somon struck the bottle on the table or side of the table and the bottle was broken. Somon said Jahirul said he heard a bottle broke. It was suggested to Somon that Jahirul had heard what happened and Jahirul saw Somon holding the broken bottle and threatened him (Jahirul). It was said that the suggestion Jahirul made in his evidence was that Somon had used the table to break the bottle. Somon agreed and said yes. It was said Jahirul said he was standing next to the table and Somon used the table to break the bottle. Somon said he could not remember. It was said the only correct assumption was that Somon used the table to break the bottle. Somon said he did not remember. Somon said in his evidence in chief that it would not be possible to break a bottle on leather and found table. However, Somon agreed and admitted that that table was not completely made of leather and found. There was a wooden structure under these and the structure with bond. The table was circular with bond on the edges. So it was suggested to Somon that because of structure of the solid construction of the table, it would have been possible that with sufficient force, a bottle could have been broken if struck against the tope of the table or the edge of the table. Somon said he did not agree. It was also suggested that if Somon was wearing a leather jacket and found inside a bottle is a hard object. Somon said yes. If one used sufficient forces hit him and particularly a part of his body which has bones (shoulders), it was possible for Somon to sustain injuries and for the bottle to be broken as well. Somon agreed and accepted that the leather also could break. Somon agreed and accepted that the kind of injury he will sustain will be swelling. So having said all that, it was put to Somon hearing Jahirul’s version, it would have been possible and in fact Somon broke the bottle using the table. Somon disagreed and said it never happened. It was suggested that his intention was to threaten Jahirul’s life. In his statement he said Somon tried to kill him. So the force Somon applies must be to kill him and it was possible for the bottle to have been broken. Somon said it was not correct.
      
1346. Somon was asked how was he rebutting Jahirul’s evidence, which one he wished to tell the Court? Or was he simply changing his evidence? Somon said he had already told the Court. Nabilah also asked questions. Somon said he denied this happened. So, it was said Somon’s position was that it never happened but taken the discussions between the prosecution and Somon, it was possible it could happened. It was said in the light of Somon and the prosecution discussions before the Court that night, taken some of Somon’s concessions, it was possible to break the bottle on the table and so these made Jahirul’s evidence more plausible? Somon said he did not agree. Somon denied that what Jahirul said about what happened that night of Somon breaking a bottle on the table and threatening his life with the broken bottle was true. Somon said this never happened. He said Jahirul explained in this way to make the case worse. It was said the prosecution was not making this case more serious. It was already serious case or was Somon suggesting that breaking a bottle and holding it and threatening the life of a person was not serious. Somon answered of course not but it never happened.
      
1347. Somon was then taken to the third reason. He used to say what Jahirul said could not be true. The reason he gave was that his right arm was in plaster. Somon agreed that that was what was reflected in his sworn statement as well at paragraph 180 where he said firstly at that time he was in a plaster and 2 or 3 days before he got arrested he removed the plaster from his hand. It was said that Somon’s argument in his evidence was that he could not possible have broken the bottle when his right arm was in plaster. Somon said also he mentioned the injury and the treatment. Somon agreed he was saying Jahirul could not have said the right or true thing because his right arm was injured. He said the plaster covered from phalanges below the elbow, covering the right forearm. He was arrested on 18 or 19 November 2018. It was around that time he removed the plaster. Somon was informed that the explanation as to how this right arm was injured was not provided in his evidence in chief. For the purpose of his cross-examination, the prosecution was going to use Somon’s evidence in chief in paragraph 196 in his statement of May 2020. Somon accepted that in that paragraph, he said on or about 19 October 2018, something went wrong with his wrist right hand. He actually crashed his wrist right hand under some kind of iron. He was later brought to the Medical Centre. He was treated and his right hand was plastered. Somon Said the Medical Centre was opposite Waterfront. He was treated there and his right hand was plastered. That plaster was not removed until 2 or 3 days after 18 – 19 November 2018.
      
1348. He was asked he had that plaster until 1 month about 19 October 2018 to 19 November 2018. Somon answered he was injured 9 October 2018 and he was arrested 18 – 19 November 2018. He was asked to confirm 9 October 2018 as he remembered the prosecution read his statement dated 4 May 2020 (paragraph 196), Somon wrote on or around 19 October 2018 and Somon then said 9 October. He agreed the prosecution will stick with 9 October 2018. It was said Somon said something different to what he said in his written statement. He was asked that he explained the reason why his hand was injured. He crashed his hand under some kind of iron. He was asked how it crashed. Somon said he hold the iron. He tried to pull out the iron from the top side of the engine of a damaged car and the engine fell on his hand. This was at Tassiriki. There were a pile of metal and there was an old motor engine and he decided to pull a metal in the middle of the pile. The old engine on top fell and crashed on his hand. Somon showed to the Court the place on his hand where the engine fell on. When it fell on his hand it hurt himself and someone took him to the Medical Centre.
      
1349. Somon was asked and he disagreed that this engine he tried to pull from a pile was part of the metal craps collected by the victims. Somon was asked and he said it was not correct that scrap metal collection were the business he created with the victims which were different from what he promised them to do. He said he did not agree. It was suggested to Somon the weight of a small care engine was something like 150kg or 330 pounds compared with a large V8 diesel engine about 350kg or 771 pounds and this was without the transmission mentioned earlier. Somon did not know but he accepted he went immediately after he had that injury to Medical Centre. Somon agreed that at the Medical Centre he received treatment from the doctor. The treatment was only for that night. The Medical Centre opposite Waterfront was the one he went to for first treatment. Somon after the question was repeated twice agreed and admitted that the first doctor saw his diagnosis soon after he sustained injuries. He accepted at the Medical Centre, he had x-rays, two injunctions and small prescriptions. He got the plaster and he illustrated with hands wrapping around his right forehand. The second day, the doctor told him a stronger bangage because of the fracture. He got the stronger plaster on the second day. The doctor also, apart from bandages, gave prescriptions for antibiotic, pain killer and gastric. Somon admitted he did not know what the prescriptions were for. The doctor gave the prescription to Nabilah and explained them to more details to Nabilah. But he accepted that earlier on he said antibiotic, pain killer, medicine for gastric and few medication and the prescriptions were to be taken to the pharmacy.
      
1350. Somon was shown a document. It was a document provided to the prosecution by Nabilah. Somon agreed that this document was issued by the Medical Centre. But he said this was a different Medical Centre document. He was asked to see the subject of the document was Mr Somon Sekdah with his date of birth 12/1/1983 and Somon confirmed and admitted it is his date of birth. It was said to Somon that after the reference to Medical Centre 7307253 [telephone], there was a heading immediately below that “Report written on request of family sent by email to: Nabilah b.84 at email.com, it was suggested to Somon that he had gone to Medical Centre opposite Waterfront. Somon agreed saying yes. It was put to him the report before him was the report from that Medical Centre. Somon said he did not know. Somon admitted that the day he went to Medical Centre was the date on that document. Somon agreed and admitted it was 19 October 2018. It was the day he sustained that injury at Tassiriki. Somon said he did not remember the date.
      
1351. It was shown to Somon that from his own statement he sworn on 4 May 2020, at paragraph 196, he said: “on or around 19 October 2018 something went wrong with my right wrist ... I actually crashed my right hand under some kind of iron ... I was brought to the Medical Centre and I was treated and my right hand was plastered.” That was what he said in paragraph 196 of his statement. Somon admitted that. Somon was asked to look at the document again and tell the Court what he saw on the document. As he was hesitating or rambling, it was suggested he saw the numbers on that line below the names of the doctors operating at Medical Centre. The numbers read out to him were 10/01/2020. Somon agreed and he admitted that was the date of January 2020. It was suggested to him that that was the date of this report made at the request of his family. Somon seemed not to know of this document. It was suggested to Somon that in preparing his defence someone must have approached the Medical Centre for a copy of that document as at the top of that document it was written someone requested on behalf of the family. Somon agreed and admitted that it was Nabilah and it was sent to Nabilah’s email. Somon accepted he knew that this document was provided to the prosecution and other parties by Nabilah. It was suggested to him that the report was generated on 10 January 2020 and because of his attendance at the Medical Centre on 19 October 2018. That report was made 1 year and 3 months after his treatment. Somon said he did not know.
      
1352. Somon was asked whether he knew how medical reports were made. He did not know. It was suggested to him that medical reports were prepared based on the clinical information kept by the doctor. Somon did not know. This was suggested to him again after an analog was made as to how the judge recorded every word in the trial and the function of the Court was to prepare the records of evidence. Somon understood and agreed. It was suggested to him that the doctor also operated in the same professional way. Somon said he did not know. Somon then agreed and accepted the suggestion that doctors kept clinical notes in which they kept a summary of oral exchanges between patients and doctors including history provided by the patients, diagnosis made on the complaints and every treatment made by the doctor. It was said to him that the report he had in front of him was done in the same way. Somon said he did not know and how it was created? It was said Somon was already agreed to the earlier suggestions made to him; next series of questions will be put on him about the content of the report. Somon agreed and accepted the following:
      
      • - The first paragraph: “Patient brough in emergency at 8:45pm on 19 October 2018, 10 minutes after a trauma to forehand which was serashed”. He agreed.
        
      • - The first part of the sentence told him the date and time 8:45pm on 19 October 2018. He agreed.
        
      • - The second part of the report was about the history of the patient and injury. He agreed.
        
      • - The history he related to the doctor that there was trauma to his right forehand and his hand was scratched. He agreed.
        
      • - The suggestion that what he agreed to earlier was consistent with that paragraph of his sworn statement using the same word “scratched”. He agreed.
        
      • - The next two paragraphs was the examinations and diagnoses. Reading on examination there was no Oedema but serious pain. There was x-rays. No fracture seen. Somon agreed with these. He agreed.
        
      • - The treatment, Morphin, INSE (followed by Panadol). He agreed.
        
      • - The next part of the report was the review of what happened the next day. He agreed.
        
1353. He was first asked question of what happened on 19 October 2018 before going back to the examination. He was asked there was “no oedima but serious pain”. Somon did not know. It was said that some research at Taber Medical dictionary showed that “Oedima” was or may result from increase permeability of capillary walls. Other dictionary says that “Oedima” is a swelling in the issue caused by access fluid tracted in the body tissues. What the prosecution believes was that there was no swelling of the trauma Somon related to the doctor. It was suggested to Somon that because of the type of history he told the doctor, the doctor would have expected an oedima in that region of the hand as Somon told. Somon agreed and admitted that suggestion. It was suggested to Somon that because of the history he related to the doctor, that his forearm and wrist have been scratched, the doctor would have expected to see extensive oedima. Somon said he did not know.
      
1354. It was said that an online consultation at Medline plus to find out what kind of injury would be sustained as a result of a scratched injury and that website said a scratched injury occurred when force or pressure was put on a body parts. That was consistent with what Somon said after the engine fell on his right forehand and risk resulting in the trauma causing injury. Somon agreed with that. It said that this website went on to list the kind of damage that may occur as the result of crashed injuries. They include, among other things, bleeding, bruising, compartment sidrom (pressure on blood vessels, nerves, muscles and tissue damage). The next kind of damage would be fracture (which was open wound) and also nerf injuries. The last one was infections. It was said there were diagnoses that the doctors may have expected of the history Somon related to them. Somon did not know. He was asked that in fact the doctors did not see any of these or even a swelling. The only thing he recorded was that Somon was suffering from serious paind. Somon agreed. He was asked that pain was a subjective thing. The doctor will not see the pain. The doctor will not feel the pain but the doctor will rely on Somon or what Somon told him of what Somon explained the pain. Somon said he did not know but he had just explained to the doctor. It was put simply to Somon that the doctor that saw Somon in that evening did not have the injury that Somon had. Somon did not agree. It was said that only Somon had injury. Somon did not agree. Somon agreed with the suggestion that the doctor he saw that evening also had a crashed forearm and wrist. He was asked as to who was injured him or the doctor? Somon answered him. So only he would have felt the pain not the doctor. Somon said he felt the pain. It was said that it was a question of common sense and that Somon was being evasive. It was put to Somon that this expression “serious pain” in the report was what Somon told the doctor he was experiencing. Somon agreed and accepted this saying yes.
      
1355. It was suggested to Somon that when he told the doctor he was experiencing pain, he was not really told the doctor the truth. Somon did not agree. It was suggested that the above suggestion was made because the history Somon related to the doctor by a car engine will at least show the mark of oedima. Somon said he did not know. Somon was invited to move on to the next paragraph. Somon remembered how the produced screenshot of x-rays images of the forearm and the wrist to the prosecution. They were rejected by the Court. Somon accepted that these images were attempted to support his versions of injuries of forearms and wrist. Somon agreed that he told the court that morning that when he went to the doctor the next day (presumably 20 October 2018) that he suffered from a fracture of a bone and that he needed a stronger plaster. Somon was asked to look at the document x-rays. It said no fracture seen. Somon agreed he saw that and he also saw that report. Somon did not agree that the doctor’s findings contradicted his evidence that there was a fracture. Somon was challenged that the prosecution did not understand why he could not agree. It was said this medical report said no fracture seen and Somon said there was fracture. The prosecution said what Somon said was not supported by the doctor’s findings. Somon disagreed.
      
1356. Somon was challenged first to tell from that report where did it said in the report that there was fracture and a bone was fractured. Somon said he never said the 19 October 2018 that this was the report that has his story. But this was about 20 October 2019. Somon was invited to go to the report of the following day. It was following day related to the events of what happened on 29 October 2018. He was asked where did in these notes appear the broken bones. He has to tell the Court because that was his evidence. Somon said he never said have in the report what he said earlier (in the morning). Somon was asked to listen to the question and answer to the question. It was said that it was never suggested to Somon that he said these things were in the report. The question the Public Prosecutor asked Somon was whether what Somon said about the broken bones were in the report. Somon answered no. Somon was asked whether he agreed that there was nothing in the report of 19 October 2018 nor 20 October 2018 that have a broken bone. Somon agreed and admitted that it was not in that report. It was said the simple reason was that there was no broken bone. Somon did not agree. Somon was questioned further that because if there was a broken bone, it would have been reflected in these medical reports. Somon agreed and admitted answering “correct” to the question. It was said even if it was discovered later on on 20 October 2018; it would have been in this report because it was delivered one year three months after the visitation. Somon did not agree.
      
1357. Somon was asked whether he was suggested that the doctos that looked at the x-rays images, they were wrong. Did Somon know what the doctors were doing by suggesting broken bones? Somon said he never said this. But he did not agree with the Public Prosecutor. He was asked to look at the report on Morphin and Panadol. He referred to two injections. He was asked how these related to what was read. Somon said the doctor gave him two injections. Somon was asked to listen to the question. It was said that Somon did not refer to Panadol given to him on the first day (19 October). Somon said the doctore gave tablets and he said he never said the doctor gave Panadol. Somon was reminded that this was about the first day not about the second day. Somon said he did not remember this but he said flue tablets. It was said to him he never said to the Court on the first day. Somon repeated that he did not remember but he said to the Court the doctor gave him flue tablets. It was pointed out to Somon that it did not make sense because he said he did not remember and yet he said he told the Court. Somon said he did not remember the first day or the second day but he referred to the Panadol but then retracted and said flue tablets.
      
1358. Somon was if he had the report on interim muscular, this was the type of injections he received a morphin intra muscular injection. Somon said he did not know. Somon was asked and he said he did not know what morphin was intended to do. It was suggested to Somon that morphin was something administered to reduce pain. Somon said he did not know. It was suggested to Somon that both the morphin and Panadol were to help Somon reducing the pain. He said he did not know. Somon was questioned that the report did not say how many morphine injection, Somon was given. Somon accepted it was in the report. Somon was challenged that both the morphin and Panadol were to overcome the serious paind he never had. Somon said he did not know. It was said to Somon that he was making it up when he told the doctor that he was suffering from serious pain. Somon did answer yes or no to that question but he asked himself a question as to why he could lie. What he felt he could tell the doctor. It was said to Somon that only him would know the reason why he lied. If he has told the doctor the truth, it would have been reflected in this report. Somon said he did not agree with the Public Prosecutor. Lots of things were not in the report like the bleeding and skin spot. It was said to Somon that the reason it was not in the report was because there was no bleeding otherwise it will be in the report.
      
1359. Somon agreed and accepted he remembered how the report reproduced what happened. Somon also agreed and accepted the process that if the doctor had seen the bleeding and the skin spot and if they related to the history Somon reported it will be in the report. Somon was asked that if he agreed with the process he must also agreed with the result. Somon said no; he did not agree because only the doctor knew why he never put them in the report. It was put to Somon that why the doctor never put them because these two (2) conditions (he said – bleeding and skin spot) the doctor never saw them. Somon did not agree. It was said that the prosecution went through some marks of injuries – bleeding, laceration; they were not in this report because they never existed. Somon said he did not agree only the doctor knew why they were not put in the report. He said he still have the spot on his skin. It was said that if Somon were telling the truth, these two conditions (bleeding and skin spot) would have been reflected in the treatments provided. But there was nothing here. It was put to Somon these two conditions did not exist. The doctor did not see them. Somon said he did not agree only the doctor knew why he did not put them.
      
1360. The first report dated 10 January 2020, it would be about the time Nabilah received the report and that was about six (6) months ago. So Somon was asked that when he received the report, why he did not go back to the doctor and asked him to reflect these in the report as Somon had 6 months. Somon said Nabilah called for more information. The hospital informed the doctor was no longer worked in Vanuatu. Nabilah tried the best to get information including the data to be placed before the Court. It was said that whether Somon had called the doctor or not, whoever would come or not come, the evidence of Somon’s visitation at Medical Centre on 19 October 2018 was all recorded here. Somon said he agreed with the process, this report was a result of that process. Somon said he did not agree without saying why. Somon was asked and he agreed and accepted that there was another treatment given by him when he said his forearm was plastered. He accepted that plastering was an important treatment a person would receive in a Medical Centre. And so it should be reflected in the medical report. Somon said he did not agree.
      
1361. Importantly, it was said, the plaster must be reflected in the medical report, Somon was asked to look at the document, he was asked as to where did the plaster occur in the report? Somon agreed and accepted it doesn’t have in the report. And Somon said he never said it was. The Public Prosecutor quickly refuted Somon’s answer and pointed to Somon “No. No, because Somon has never answered the question. It was said the reason why it was not in the report was because Somon’s forearm and wrist were never injured.” Somon said he did not agree without more. Somon was asked what was there to plaster. No oedima, no trace of physical injury, no sign of bone malformation. He was invited to tell the Court. Somon said the doctor knew why he did the plaster. It was pointed to Somon that the doctor never said in his report that he plastered forearm. Somon said only the doctor knew. It was again pointed out to him that the doctor never reported he plastered Somon’s forearm. Somon said he did not know and he did not agree.
      
1362. Somon was taken to that part of the report on the review of the next day. So he was asked that on the following day, the doctor again examined Somon particularly his forearm before he recommended the treatment? Somon agreed. So after the doctor examined Somon on the next day (20 October 2018), and this was why was written “oral Panadol not needed, not taken ...” Somon did not know. Somon said he agreed with the report that the Public Prosecutor tried to illustrate. It was said it was impossible to examine the patient (no note in file to explain why). Somon was referred back to the first part of the report, “oral Panadol not needed – not taken”. So Somon was asked that on the first day he was given morphin and Panadol. Somon said he did not know. He said flue tablets and injections. Somon was asked that he was not given the simplest pain killer on the second day (20 October 2018) because the report said “oral Panadol not needed” and Somon was invited to look at the report and tell the Court. Somon then accepted and admitted saying yes. Somon admitted that the report did not say morphin was administered the second day (20 October 2018). Somon also admitted that, contrary to his earlier suggestion, the report did not mention flue medicine given to him on the second day (20 October 2018). Somon also admitted that the next medication, pain killer, was not mentioned in the report of the treatment he mentioned. Somon admitted also that gastric medicine was not included in the report. Somon admitted further that antibiotic was not included in the report.
      
1363. Somon admitted further that as well as the prescription he said, the doctor made, was not included in the report. It was suggested to Somon that if he was telling the truth, these would have been reflected in the report. Somon said he did not know why the doctor never put them in the report. It was said the reason the doctor neve put or never made into the report was because the doctor never gave it to Somon. Somon said he did not agree. Somon was asked why did he not prescribed these stronger pain killer when the doctor said “Panadol not needed” when Somon said he needed stronger pain killer. Somon said he did not know. Somon was further asked why the doctor had just mentioned Panadol and not these pain killers Somon referred to. Somon said he did not know. The doctore knew better. It was said that indeed the doctor knew better. The reason why the doctor did not put them here because Somon did not need them. He did not know. It was pointed to Somon that the doctor knew better. Somon did not need them. So, the doctor did not prescribe for Somon. Somon said he disagreed. Somon agreed that he also mentioned the doctor said the next day he needed a stronger plaster but Somon accepted it was not either in the report. It was said that that was because Somon’s forearms never needed a stronger plaster even on the fist day (19 October 2018). Somon said he did not agree. The medical report of Somon Sekdah about his treatment at the Medical Centre on the 19^th and 20^th October 2018 was tendered as Exhibit P44.
      
1364. It was said to Somon that on the basis of cross-examination on the document Exhibit P4, Somon’s intention when he attempted to show the Court the two images of x-rays into misleading the Court showing broken arm. Somon said he did not agree. It was said to Somon that knowing the content of what Exhibit P44 said, Somon attempted to mislead the Court by showing the two images of x-rays but not showing the Court Exhibit P44 itself. Somon said he did not agree. So Somon was questioned as to why then when he had Exhibit P44 in his custody, he did not produce it to the Court? Somon responded that because the medical report Nabilah collected them from the Medical Centre and also Nabilah was the maker of the two pictures of x-rays. Somon was asked whether he was saying he did not use the document to the Court. Somon said he never said this. He said Nabilah collected the reports and she was supported to provide to the Court. Somon said he was just waiting.
      
1365. It was suggested to Somon whether the Court should look back to the court record about the x-rays images and Somon was talking about different pictures. It could be suggested to Somon that he was a difficult witness because of his deliberate evasiveness and the lack of design to tell the truth about the simple thing. Somon was asked what he had to say. Somon said he did not know, whether he was difficult or not, it was difficult, if he had known if he had known, he would not do it. It was said that the assertions made to Somon were very clear and plain. Throughout this cross-examination Somon has been deliberately evasive in order to avoid the truth. That was the assertion that the prosecution made. Somon said he did not agree. He said he tried all his best to answer. If the prosecution found difficult, Somon said he did not know. It was said of Somon whether he did understand the word difficult. The question was simple. The answers were simple. It was Somon who was difficult. He was asked if he had anything to say to this. Somon said if he was difficult, why the prosecution was not trying to sort it out explaining to him and he could follow.
      
1366. It was said that since the start of Somon’s cross-examination, the prosecution has been trying to sort it out from the start. It was said that even in that when His Lordship had to intervene to sort it out as well. Several times His Lordship had to explain in his interest why Somon should not be doing what he was doing. It was said that was why this night when we talked about x-rays images Somon tried to avoid so that was why the prosecution made this assertion. Somon said he agreed the judge helped him explaining to him. He said from his position, when he gave the answer he thought it was very easy but when one received then it was difficult. He said he would not give that answer. From his position, he did not know. Sometime people were laughing. If he knew this was difficult or funny, he will not give this kind of answer about the x-rays. He never denied but he knew x-rays images and the pictures were two different things.
      
1367. It was suggested to Somon that one of the reasons it was suggested to him that he was lying to Court about his injured arm, was that few days after the event he referred to, he was using his arm as if nothing happened. He did not agree. On 23 October 2018, Shahine had a meeting with Somon at Pango. Somon was smoking with his right arm as if nothing happened. At that time he was threatening Shahine as if nothing was wrong with his right hand. Somon denied threatening Shahine at Pango house. He said he did not remember the date of the meeting at Pango house. He said at the time, his right hand was under the plaster. It was said also that on the 27 October 2018, after the first escape of the victims, the police were after Somon. The police came and asked Somon about the passports of the thre people. Also the police did not notice anything wrong with his right arm. Somon said he did not agree. These people saw Willie Rexona. He said Bani came to Somon’s house. Somon’s hand was in plaster. It was suggested to you that there were two (2) people who saw what happened. It was like Somon’s verison of fallen engine, it was suggested to him that he has deliberately exaggerated his evidence to avoid being blamed for other things like the threats to Jahiru Hague. Somon said he did not agree.
      
1368. During Somon’s evidence in chief, he spoke of the hours of work the victims had during the construction work. The prosecution said they will re-assert the hours of work the victims had during the construction work, particularly, during the early part of the construction. Somon said he did not understand the question so he asked for the question to be repeated. It was so repeated. It was said the prosecution was going to the details of the prosecuton witnesses and Somon’s evidence in chief. They were much detailed. The prosecution was saying, they did not agree with Somon’s evidence. The prosecution said they relied on the evidence of the prosecution witnesses and particularly at the early stage of construction. Somon said he understood but he did not agree.
      
1369. It was said that similarly, the prosecution did not agre with Somon’s assertions that Somon did not physically received the money United States Dollars (USD) that the victims were required to carry with them to Port Vila but that they will rely on the prosecution witnesses. Somon said he did not agree. The prosecution said they did not agree with Somon’s suggestion about the use of heavy machinery at Tana Russet construction site. But they asserted instead that these machineries were used after the hard works were completed by the victims. Somon said he did not agree.
      
1370. The prosecution applied to tender evidence brought to the attention of the court earlier on in the trial during the cross-examination of Somon Sekdah. The first related to a voice recording between Somon and Shohag. The evidence was introduced after Somon said he was having conversations with Shohag almost on daily baiss. This recording was made somewhere about September of October 2018. It was the time Shohag was still in Bangladesh and was preparing to bring in the next group of victims to Vanuatu. It ws said Shohag took the group of victims as India in Delhi and where he was seized by a number of those victims (six (6) victims) after they received information by people of Vanuatu and they took him back to Bangladesh and gave him back to Bangladeshi police. The recording was in Bangla language. It ws played and translated by the translator as followed: “Father I will talk to you. Go and eat your food. Need more and more passports. That is alright. Good job. That is good and super. You talked about these things you collect more passports. Money is not a big matter. Passport is a big matter. You will be caught in December hundred per cent (100%). You will be caught in December. Father I will talk to you later. I have many things to talk to you about. You will only sweat for passports, only passports”. This was the formal evidence. It only arose during the cross-examination of Somon Sekdah that the investment was not a genuine investment but a fly by night investment by Somon Sekdah. It was said that during the middle of cross-examination the prosecution touched on the role that Shohag played. There was then a big difference by the vew taken by the prosecution and the view takne by Somon Sekdah. At one point in time, the evidence swift to why Shohag was to move to Bangladesh in the middle of the construction. That was when Somon volunteered that he was talking to Shohag while in Bangladesh almost on daily basis.
      
1371. From Somon’s opposition to this statement, it was fair to see that Somon was familiar with this recording. Somon suggested it was two minutes long not 26 seconds. He therefore suggested it had been reduced in recording. He kenw who he (Somon) had sent it to. In somewhere, that statement supported the prosecution’s position that it was reliable enough to rely on it. It will be helpful for the court to accept it as the prosecution evidence. It will assist the court to understand the fly by night investment. The application was made under Section 169 of the Criminal Procedure Code Act [CAP. 136]. Mr Somon asserted Mr Price was a genuine investor. It was said this voice recording did, although short, supported the vew that it was not. The prosecution was therefore seeking to introduce this recording to rebut Somon’s evidence. It was a significant piece of evidence. It was suggested that Somon Sekdah was the creator of this voice recording. The official translation of that voice recording by the translator shall be marked Exhibit P45 and admitted as part of the prosecution’s evidence in the cross-examination of Somon Sekdah in the trial. The digital copy of the voice recording was admitted as Exhibit P45 (A).
      
1372. The prosecution said they did have no further question for Somon Sekdah. That is the end of the cross examination of Somon Sekdah by the prosecution.
      

B1. Recalling of Mustafizur Rahman K. Shahine on rebuttal of Somon Sekdah’s evidence in cross examination



1373. The prosecution applies for the recalling of a witness (Shahine) for the purpose of tendering three (3) photographs in the series of photographs MFI D1(29). The application was made under Section 169 of the Criminal Procedure Code Act [CAP. 136]. Shahine was the maker of the three pictures. Mustafa Rahman K. Shahine was recalled by the Public Prosecutor about his activities at Pango house on cooking to rebut the evidence of Somon Sekdah. Shahine has background in cooking and catering industry. In Saudi Arabia, he was supervising and was in charge of processing ingredients inside the kitchen. He was working for a catering company which supplied lunch for more than 1,000 people and the company employed 130 people. From 2005 – 2013 (8 years) he did business in the restaurant using well known recipes including Bangla recipes.
      
1374. At Pango house, he was selected by Anowar as he was responsible for Pango house to cook once every week. He cooked for 28 – 30 people since he started living at Pango house in September 2018. The number of people increased due to other people from Town house who came work at Pango house adding the number of people to up to 60 people during lunch time but the dinner was reduced back to 30 people. Bangladeshi business people who lived at Pango also were selected for cooking. Shahine cooked lunches and others outside the Pango house No. 2 in an open space outside that house. He explained the reason was that the pot for 60 people was too big. He could not use the burner inside as it was too small. They run out of gaz for several days so they had to cook outside. He cooked the food outside house No. 2 at Pango. They used dried coconut leaves. No firewood was provided to them. The size of pot he used to cook the food for 60 people was very big size. He could cook 20kg of rice in that pot. Shahine took some pictures of that open space. This picture was the first photograph of MFI D1 (29) (A). The picture was taken by him (Shahine) on 26 October 2018 at 10:04 o’clock in the morning during the preparation for lunch. The lunch was for 60 people. The lunch was prepared for everyone including people living at house No. 1 at Pango.
      
1375. From the picture MFI D1 (29) (A) it could be seen that the pot was sitting on broken stones. There was no proper fire place structure and nothing of that sort provided by Somon or Mr Price. Even the broken pieces of bricks and blocks they had just gathered them from inside the yard. Shahine used that place shown in the picture to cook including cooking lunches for 60 people. People were aware of the place Shahine cooked the food including Anowar as Anowar provided instructions and ingredients to cook also. Somon was seen around at Pango house not at the cooking place but to the working place while the renovation was taking place. The renovation work started on the first week of October 2018. Shahine said he left Pango house int eh early morning of 27 October 2018. This picture was taken on 26 October 2018, one day before he (Shahine) escaped.
      
1376. At this open space, Shahine said he cooked almost everytime, round cabbage to support rice, and other times yellow rice (kitchuri). He also cooked beef with lots of water at that open space. Shahine also took picture of the round cabbage cooked on 26 October 2018 for 60 people. The picture showed two sliced round cabbages. There were only two round cabbages which were sliced on that day cooked at lunch time for the 60 people. The round cabbage was also cooked for dinner for people living at Pango house. Shahine said he cooked sliced round cabbages with chilli powder, tamarin powder, coriander, salt and a bit of oil with lots of water. They cooked round cabbages, kichuri and beef at that open space.
      
1377. Shahine gave evidence and explained what the kitchuri was and what vunakhichuri was. Kitchuri was the very well known in Asia, Bangladesh and India. There were two types of kitchuri. One was calle vunakchichuri and the other one was called delachichuri. It was known by all the victims as Deluk. Vunakhichuri was a special kichuri cooked with special short grain rice called kalizira and chinigura. They used ingredients Master oil and onions and other spices like cardamom seeds, sinnamon stick, baye leaves clove green chilli, cumin, daraon powder, nutmeg, salt, ginger, garlic and some other spices too, metz, black pepper, buna stir fried rice. Ingredients of oil with the spices. They had boiled water later on to cook the kitchuri. Vunakichuri was served when a guest came to the house. It was also serving on special day. It was serve with mouton curry, beef curry or chicken curry.
      
1378. Delakhichuri was soft and water based. It needed less rice in quantity than Vunakichuri. It was cooked with regular rice. When he cooked for 30 people, he will use 2kg of rice for 20 people, they cooked dried rice (white rice). When they cooked dehakhichuri, they used 5 – 6 kg of rice for 60 people. What made it possible to feed 60 people was that they boiled 5 – 6 kg of rice with lots of water. When it was cooked, it absorded lots of water, then, they added ingredients such as tamarin, red chilli powder and salt. That was how they cooked at Pango house. They cooked Delakhichuri differently when they were back at home. When gaz was not available he would cook outside for 60 people. And even if there was gaz available, he had to cook outside because of the size of the pot. To the suggestions during the evidence in chief that burners were provided at Pango house to the victims, Shahine said he has never seen any extra burner provided at Pango house. But he came to know there were extra burners at Elluck house to cook for extra people.
      
1379. In the picture, it was Delakhichuri but the water absorded by the rice and it looked like dried. Shahine took that picture on 25 October 2018 at lunch time. He said he mentioned dried because normally one will see water. He has also taken pictures of others eating at lunch time this kichuri. The pictures referred to and marked MFI D1 (29) were comprised of 3 photographs and they were tendered as Exhibits P46 (A), P46 (B) and P46(C).
      
1380. Shahine was cross-examined but his evidence in retuttal to the defence was not shaken. He amplified his evidence in rebuttal in his re-examination when he said they had no choice. Shahine provided the following reason for saying so. The burnder they had in the kitchen at Pango house was small. That could not burn the big pot. That was when they had to cook outside. When there was no any fire place, then, they asked Anowar how to cook and make fire. That time, Anowar gave instruction to fin the block and got the dried leaves and branches of tress gathered in the yard. They have to cook with these things. When they asked about the firewood, Anowar told them the company would not provide the firewood. They needed to manage with these things and cooked the food. So that was why he said he mentioned they did not have a choice. But they followed the only instruction available. They could not make any complaint. That was why he mentioned they have no choice.
      
1381. That was the end of the prosecution evidence of Shahine in rebuttal.
      
1382. Mustafizur K. Shahine’s evidence in rebuttal is credible and trustworthy witness testimony.
      

B.2 Evidence of Somon Sekdah in re-examintion



1383. Somon Sekdah said he had no evidence or statement to make in his own re-examination. That was the end of the evidence of Somon Sekdah in this trial.
      
1384. Somon Sekdah’s assessment of credibility as a witness will be made at paragraph 1814 below as Somon’s case was re-opened and he was cross examined by Buxoo Nabilah Bibi.
      
1385. In the meantime, Somon Sekdah called his own witnesses to support his defence caseand evidence.
      

B.3 Somon Sekdah witnesses [SSW].



1386. Somon Sekdah called 12 witnesses. Musa Gideon is the first witness for Somon Sekdah [SSW1]. He gave evidence to this effect. He is from Futuna Island. He worked at Wilco Hardware since 2014. He worked as a plumber and salesman at Wilco Hardware. He served Somon as customer since he met him in July 2017. When Somon came shopping at Wilco he was accompanied by some of his friends from Bangladesh. At one time, Somon asked him to go and repair the shower at his house at Tassiriki. He saw some Bangladeshi people there waved their hands and showed him the work he should do. Somon’s friends were helpful and helped him doing the work by giving him the material. When he finished work for Somon, Somon gave him money. He paid for the work he did.
      
1387. At Wilco Shop, Somon and his friends chose the materials and Somon paid them at the counter. Bangladeshi people were talking people when they came to the shop. They were friendly. They were around in the shop from timber to other sections in the shop. Since Somon came shopping at Wilco, they gave him cash discount of 15% and then they spent big cash money and so they gave them 20% cash discount. Sometimes, the Bangladeshi people came and asked for things and Somon paid later. Sometimes, groups of 20 people came to timber section. He helped them out with the cutting of timber and they left with the timber on a truck driven by one of them. One time Somon asked him to do another job for him at Pango. He went to Pango and fixed the handles of doors. There were quite a few of them there. They said hello and talked to him. He did the work and Somon’s wife gave him a J Samsung phone as a gift and he left to catch a bus. Over a period of 5 years, he did not see any customer like Somon as he paid materials with big cash and they gave him 60% cash discount. This was what he could say about his relationship with Somon.
      
1388. Musa Gideon [SSW1] was challenged on his evidence by way of cross-examination by the Public Prosecutor. He confirmed he worked with Wilco since 2014 as a salesman. His working hours were 7:30am to 11:00am or 12:00pm lunch hour to 5:00pm. He was a full time worker. He did not sign a contract of employment with Wilco as an employee when he started in 2014. He described Somon asked him to fix a shower at Tassiriki. He could not remember the time, the month or the year. He worked 5 full days a week and Saturdays half day work. He went to Tassiriki during his lunch hour. He also confirmed he went to Pango to replace the doors handles. He could not remember the date. He could not remember the time of the day. He went to Tassiriki during his lunch hours. He was asked to explain how he could not remember the date but only the times. He said because he knew at lunch break they were still working and when his friend returned to work then he left. He confirmed he was employed by Wilco from 7:30am to 5:00pm. He accepted that that included the time he took to have his lunch. He was employed as a plumber and a salesman as well.
      
1389. It was suggested to Musa Gideon that it was wrong for him to use his working hours. Musa Gideon said the work he did was not in the working hours but lunch break. He was asked he was still paid during lunch hour. He said lunch hour was not paid. It was said if that was his understanding, he was still paid including his lunch break. He said normally in a company, they worked 8 hours. Lunch hour of one hour was a total of 9 hours and that one hour was not paid. So, he did the extra during the lunch hours. It was suggested to him that he was wrong in saying that he was not paid during lunch break. But he maintained that Wilco did not pay them like that. If somebody from Wilco will be called and asked the question, he will answer the same.
      
1390. He admitted he never told his supervisor to go and do a private job that particular day. He admitted he never told his supervisor that he had earned money on the side. He admitted he never told his supervisor or Wilco Company that he received gift such as mobile phone. He denied it was wrong for him to be paid during his working hours and receiving gift during his working hours. He did not understand that the reason was that Wilco was paying him during his working hours and it was wrong to receive money from private work at those hours.
      
1391. He accepted that Wilco is a big house building and he admitted that at the pay counter beside the door, it will be difficult for him to see most of the things behind the shelves. He accepted he was a salesman for a particular section. There were a number of different sections with Wilco. There were sections such as electrics, electrical appliances, timber. He accepted, in each of those sections, they have different salesman.
      
1392. He admitted he could not remember the clients who came two weeks ago. He could remember who they were and what they bought. He admitted he could remember who he sold on a month ago on a Saturday. He admitted he would not know who they were, how many of them and what clothes they wore. He admitted he could not have recalled people who came on 30^th August 2019. He admitted also that he would not be able to remember what they told him on that particular day. Musa Gideon was questioned on his evidence that yet he told the Court how the Bangladeshi people looked like, friendly and paid timber. He answered because he saw.
      
1393. Musa Gideon was asked how he remembered what happened two years ago when he could not remember what happened last month. He answered because Bangladeshi was not like us. He admitted other race people came to Wilco. But this did not include people of Asian extraction like Bangladeshi people because they came everyday in the shop. He was asked but he could not remember what happened two years. He said if they came everyday he will remember. He was asked he said he did not know these people but only Somon. He accepted in the Wilco shop, at one end was paint section and at the other end the timber section. He said the Bangladeshi people were friendly, walked around from paint section to timber section.
      
1394. He belonged to plumbing section but he was also a salesman. He said he went around with them from paint to timber sections. He did not know the days of their visits. He did not know how many people during each visit. He was not able to tell the court what they asked for. He agreed and admitted that all he could remember was they all smiling and friendly. That was the only description he came of them. He agreed he was able to tell the court as a salesman what they came for. He was not sure whether his job was to observe people whether they were smiling or friendly. He agreed and admitted that the only thing he told the court about was they were friendly, smiling and walked about in the shop from paint to timber sections.
      
1395. He was asked and he agreed he was told to come and tell the court of this. He accepted a man from state lawyers told him to prepare his statement and to come to court. So he did remember when he was asked to make a statement. They asked him to write down what he knew about Somon. They did not explain why he was there. They told him to make a statement about how he knew Somon. He agreed he had realized that when he wrote the statement it supported Somon’s case. The statement was sworn on 11 May 2020. He agreed this was two years after the event, after they came and bought materials at Wilco. He agreed also this was the same Somon who paid him money on the work he did on the working day. He agreed also that his wife Nabilah gave him a gift after he did some work for her at Pango in the form of phone. They gave him money and phone only, he said.
      
1396. He was asked he agreed and admitted the suggestion that the reason why he gave the statement in the way he gave was because of the things they have given him. He was asked he said he saw some of the Bangladeshi people at Pango, one of the things he saw them doing was that they were using phone. He could not remember how many of them. He said they were plenty but he did not know whom they were. He went there, some talked on the phone, and he just went to the other house where Somon and Nabilah lived in. He was asked and he agreed and admitted that the only thing he could remember over the two years was some were playing with the phone or talking on the phone.
      
1397. He agreed and accepted that he went to replace the door handles. He accepted also he did not give evidence of how many door handles he had fixed, apart from seeing how many people and talking on the phone.
      
1398. He was asked he agreed and admitted that he did not know that the smile of Bangladeshi people, their friendliness and use of phone were issues of this trial. So, he was asked that the only way he must have come to talk to court was someone must have told him. He answered no. He saw them talking on the phone. They did not talk Bislama. They waved their hands. It was suggested to him that in giving this evidence, he had been told to tell the Court. He answered what he told the court, he told the Court of what he saw and know. He was asked that that was only thing he could say. He responded he said only what he said and did. It was suggesting to him that he was not telling the truth and someone told him. He said what he said about Somon he saw what he knew about Somon.
      
1399. He was asked when people and business people came to shop what did they use? He said government people used LPO. Business people used cash, ATM swapping card. He confirmed his evidence that Somon was buying large cash from the materials. Sometimes 60% was paid out by cash. He added 60% he said was that come in everyday. He was asked he could not remember the largest amount they came to pay. He agreed and admitted that he was unable to explain the largest amount but he could remember they paid 60% cash. He agreed and accepted they paid in this proportion of 60% payment cash lots of times (full up times). He was asked he agreed and accepted he did not remember, he was just guessing as he was a salesman not a cashier. He agreed and accepted he was not at the point he received money from them. He agreed and admitted he was not the only salesman. So he was asked how he was able to say 60% cash. He said because they came everytime. He was asked that he did not really have a clue. Musa Gideon agreed and admitted this saying yes.
      
1400. [SSW1] was not cross examined by Mr Brian Livo or Buxoo Nabilah Bibi. Somon Sekdah did not reexamine him.
      
1401. Musa Gideon’s evidence may be relevant on the status of Somon as a regular customer of Wilco and purchasing items by big volumes resulting in discounts given to him. But on the material issues before this court, he admitted that he gave evidence in support of Somon Sekdah in the way that he did because of the money and the J Samsung phone he received from Somon and his wife Nabilah respectively. He admitted that he did not know that the smile of Bangladeshi people, their friendliness and use of phone were issues of this trial. I reject Musa Gideon’s evidence that nobody told him of these issues. He was not telling the truth on these aspects of his evidence. He is not a credible witness.
      
1402. The next Somon’s witness was Clarice Pongin [SSW2]. She testified she stayed at Norpow point. She worked at her cousin’s shop. They came to the shop and paid for items. That was her evidence. She was not cross-examined.
      
1403. This witness (SSW2) evidence is of very little assistance to court.
      
1404. Jeffrey Simeon was the third witness for Somon Sekdah [SSW3]. He gave evidence to this effect. He knew Somon when he came as a customer with two of his workmen at Wilco. Somon came to Wilco almost daily as a regular customer. So when Somon came to Wilco, people who followed him, walked in freely in the shop. As a supervisor at Wilco, sometimes he found it difficult to communicate with them because of the language when Somon was not with them. Somon was a good customer at Wilco. He did not know about Somon’s life outside. But he said he went to Somon’s house at one time. The house he went in was the house Somon’s workmen lived in and he went to check at the swimming pool. He had a member of his family working for Somon. His family member told him of Somon and that Somon came to do business in Vanuatu. That was when he knew Somon and information about him.
      
1405. Jeffery Simeon was cross-examined by the Public Prosecutor. He confirmed that he gave evidence that when Bangladeshi people came to Wilco and they walked freely in the shop. He was asked whether he knew and understood when he said they walked freely in the shop. He said yes. And he was asked that other than having difficulty communicating with them, there was no other observations he made of that difficulty apart from the fact they walked freely in the shop. Jeffery Simeon accepted that the evidence he gave was happening in 2018, 2 years ago. He was asked if he remembered the people who came and walked in the shop and how many of them on 20 July 2020? He said on 20 July 2020 he was out of duty. What about 20 June 2020. He answered he could not remember. He did not know who came in the shop. He could not remember what they came for. He could not remember on that particular day (20 June 2020) how each walked in the shop and how they went. It was said the question he was asked was just about 2 months ago. The thing he talked the court was about Bangladeshi people 2 years ago. Could he remember or he was more likely to remember something happening lately than something and accepted the suggestion that he will remember more likely something happening lately by saying yes.
      
1406. It was suggested to Jeffery Simeon that he could not remember something happened 2 months ago but he could remember something happening 2 years ago. He said he could remember since 19 years he worked at Wilco. He was questioned that he could remember because someone told him to come to tell the court. He said he could remember 2 years ago because these customers grouped together. He was asked as to what was so unusual of customers walking freely in the shop? He meant that he stayed in front and saw they walked freely in the shop. He was asked and he agreed and accepted that they did not have someone telling people where to go in the shop. It was said yet he could not remember what the customers did 2 months ago but Bangladeshi people 2 years ago yes he could remember. Jeffery Simeon said no. so he was asked, so what? He answered he came to say that when they came in the shop, they walked freely inside. He was asked that he did not remember what happened 2 months ago. That was the truth. He said he remembered 2 years back. He experienced it as a new one.
      
1407. It was suggested to him that he was told to tell the court what he was saying. He denied saying no. It was said the reasons the suggestion was made to him was that the freedom to work around has been an issue to this trial, whether he knew that? Jeffery Simeon answered yes. He was asked who told him it was an issue in this trial. He answered by asking another following question: Freedom of movement? He was asked yes, who told him? He answered; yes it was what he saw. It was said he told the court he could not remember what happened 1 month ago but he could remember what happened 2 years ago and he could remember the issue in this trial. He answered because he saw.
      
1408. [SSW3] was not cross examined by Mr Brial Livo nor Buxoo Nabilah Bibi. He was not re examed by Somon Sekdah.
      
1409. Jeffery Simeon (SSW3) is a reluctant witness. He did not answer to questions when he was required. He said he came to court to say that the people who came with Somon in the shop walked in freely. He could not provide any further observations or any other particulars as to what or who told him that freedom of movement is an issue in this trial. Accordingly, his evidence is rejected in its entirety as the court cannot rely on it.
      
1410. Nilesh Chand was the next Somon’s witness [SSW4]. He is a Fijian Vanuatu citizen. He lives at Seaside Port Vila. He is the owner of Rania business, groceries and food items. He knew Somon from 2018 when he came to buy foods from their shop. Since they were importing food from Bangladesh, these food were sold everywhere in Vanuatu not only for Bangladeshi people. Since they were selling Bangladeshi food, Bangladeshi people came to their shop to buy foods. Somon came to their shop to buy foods such as rice, chicken, and spices. But rice was the main food. Since Somon bought foods in quantify they gave him discount for volume buying. His staff always served him everytime he came in and there were staff with him. He could not remember their faces. They always provided dockets when they paid their foods. They did not sell dead products. The Biosecurity people checked their products.
      
1411. One time Somon and Nabilah came to his office and asked for shipping details because he was already involved in importing foods from Bangladesh. He gave them the shipping contacts so that they could import their foods. As he gave the written statement, he was interviewed by Somon and Nabilah. Somon and Nabilah asked him about a person who was working for Fran Daily Limited named Bilib Chandharw because he was the salesman for Pran Limited. Sometimes Bilib Chandharw came to Vanuatu for sales. Four times he saw Bilib with Somon. Few times he picked him up from Elluck. He did not know there he was staying.
      
1412. Nilesh Chand was cross-examined by the Public Prosecutor. Mr Chand accepted the suggestion made to him that Mr Somon and Mr Price were good customers. He added that they paid in few times in volume, they provided high volumes. They gave them discounts. He accepted that because of that he regarded them as good customers. Mr Chand did not know whether they bought solely from him or other places too. It was said to him that the prosecution was interested in Chand’s comments how he was interviewed from Nabilah and Somon. So he was asked whether he remembered when that took place. He said he was sure exactly of the date. He was asked he agreed he could not remember the date. He said Nabilah and Somon interviewed him at the Public Solicitor’s Office. He confirmed that both Nabilah and Somon were present at the time of interview. Mr Chand was asked to tell the court what that they told him. Mr Chand answered they told him of when he knew Somon and Nabilah, the products they bought from the shop. He confirmed he had given them invoices of goods they purchased from his shop.
      
1413. Mr Chand was asked whether Nabilah and Somon were guiding him in his statement. He said no, they asked him about the type of goods they bought from the shop. Mr Chand was asked in other words, his sworn statement contained the response of Nabilah and Somon’s questions. Mr Chand agreed and admitted this saying yes. He confirmed his statement was made on 5^th May 2020. He was shown a copy of his statement; he agreed the signature on the statement was his signature. He was asked of the goods Mr Somon bought from him, whether he knew that Mr Somon accommodated his workers at four (4) different places. Mr Chand said he did not know. He was asked if he knew that Mr Somon and Nabilah lived at different place at Elluck. Mr Chand said he did not know.
      
1414. It was said that there was a total of 5 houses where the workers of Somon lived in. All Mr Chand knew was that he saw the foods Nabilah and Somon bought in his shop. How they delivered the foods, he said he did not know. He was asked; he agreed and accepted that he did not know for what purposes the foods were used. He was asked if he has an amount of rice they bought. He said he was not sure about the volumes but they kept invoices, they could find out. He was asked that he provided Nabilah and Somon these invoices. He said the shop issued separate invoices for the volumes of goods purchased but not for small purchases. He was asked he was provided Somon and Nabilah invoices of food they bought in particular rice. He agreed and accepted only the ones he could find in his records. He confirmed his company was very particular when it came to records.
      
1415. It was said the total of invoices served on the prosecution by Somon and Nabilah was a total of 136 of 18kg bag of rice, was that right? He answered maybe close, yes. He was asked and he accepted that that was the total bags of rice he provided to Nabilah and Somon. So, it was said there were a total of 105 victims not including Somon and his family, if it could be suggested to Mr Chand to feed, how many bags of rice will feed 105 people? Mr Chand said he did not know. He was asked if he agreed he will need substantial bags of rice to feed 105 people in a month. Mr Chand said he was not sure.
      
1416. It was said the period that was of consideration was of 2 years. If it could be suggested that 35 bags of rice to feed 105 people per month whether he would agree. Mr Chand said he was not sure. He was asked what he would say if it was suggested to him that 105 people would need more to be fed. He said he was not sure. Mr Chand’s evidence was that in relation to where the foods were distributed and for what purposes, he said he did not know. So he was asked also if he would not know how the products bought in his shop were cooked. Mr Chand said he did not know. It was suggested to him that these 105 people would have needed 400 bags of rice (of 18kg). He said he did not know.
      
1417. It was said to him that the invoices he provided to Nabilah and Somon were made out of most of sales of rice. Mr Chand answered that the goods bought were reflected in the invoices. It was pointed out that of the invoices, only one invoice was for chickens in large quantity and the date of that particular invoice was 25 May 2018. Mr Chand was asked whether he knew that this was the Muslim fasting month. Mr Chand said no. He did not know. It was suggested to him that that date was toward the end of the fasting period. He agreed and accepted it. It was said that particular purchase of chickens was for that particular celebrations. Mr Chand said he did not know. He was asked that other than that invoice of chickens, there was no other invocies of chicken. Mr Chand said he did not know. He added in re-examination that all the goods purchased were used and they did not ask their customers.
      
1418. SSW4 (Nilesh Chand) was not cross examined by Mr Brian Livo nor Buxxo Nabilah Bibi. He was not reexamined by Somon Sekdah.
      
1419. Nilesh Chand (SSW4) did not know much about Mr Price and Somon Sekdah’s business and where the 105 Bangladeshi people were housed by Somon into 5 different houses in Port Vila. He knew just that Somon purchased in big volumes in his shops and he gave Somon discounts. All the invoices were of 136 of 18 kg of rice. A particular invoice in large quantity for chickens dated 25^th May 2018 was toward the end of Muslim fasting period. There was no other invoice for chickens. The period for consideration was for 2 years. The chickens purchased were for that particular celebration. That is the relevant part of this witness evidence.
      
1420. It is noted that Mr Nilesh Chand statement was made as a response to questions asked by Somon and Nabilah to Mr Chand. The balance of this witness statement referring to Bilib Chandharw of Fran Daily Limited be not admitted.
      
1421. George Paul was the next Somon’s witness [SSW5]. He gave evidence that he lived in Pango. He came to give evidence about the Bangladeshi people case. He made a statement about how they came and played with them at Pango. They came to play football (soccer) with them on Mondays to Fridays. They asked for pawpaw. They asked for bananas. They gave them bananas. They asked for water. They gave them water. They played in the afternoon and swam in the sea. One of them was sitting here in this court. He was one of these who played football with them. When they came, they told them everything was free. He also saw those throwing nets in the night. Some would come to church on Sundays. There were other activities they were involved he could not remember. They played soccer and they said if the ball was broken they were going to provide for another soccer ball.
      
1422. Mr George Paul [SSW5] was cross-examined. He confirmed he had a sworn statement. It was written in English language. It was signed by him and dated 18 April 2020. It was made before a commissioner of oaths. He understood that when he gave evidence he told the court the truth and when he gave evidence in court he told the Court the truth.
      
1423. He made his statement in Pango as he was working along, he came accross Correctional Services officers. They asked him whether these people stayed at Pango and if it was true. It was true. They came and see him at Pango. They asked him if these people came to see him every afternoon. He said yes.
      
1424. He did not write his statement. He talked and the correctional officers wrote down the statement. He could not remember the name of the correctional officer but he could recognize the face. He had recognized one in this court. They came to see him just one time. He went down to an office and they gave him a piece of paper and he took it home with him. He made a statement of 17 paragraphs. He went to an office that was when he gave his promise. They came and picked him up from work to that office. He did not know very well the person who picked him up from his work to that office. They did not tell him anything. In that office he took his oaths. He worked at Classic Printers. He collected papers and receipts. He went to French School at Magaliliu and he did reach year 7. He was asked again whether the statement he gave was true and he said yes.
      
1425. He was then taken to his sworn statement in the second page. He was asked if he could read English. He said no. he admitted that this statement was in English but he could not read English. He was asked if he understood what was written in his statement. He answered he understood some words. He was asked again and he said he understood what was written in his statement.
      
1426. He was then taken to paragraph 12. It was read out for him: “In 2018 no one gave complaint even they had the opportunity to talk to us. No one raised complaint of human trafficking, money laundering, slavery, threats to kill and intentional assault”. He was asked he said he did not know what human trafficking was. He did not know what money laundering was. He did not know what slavery was. He did not know what threats to kill were. He did not know what intentional assault meant.
      
1427. He was asked if he did not know how he signed the statement. He answered he just talked about what he saw when the asked him questions. So he was asked when they asked him about human trafficking. He said he did not recall they asked him question about this. He was therefore reminded of his promise to tell the truth. He agreed. He was asked that his answers given were in this statement. He agreed. He agreed he understood that there could be consequences if he was not telling the truth.
      
1428. Because of that he was asked when they asked him about human trafficking what he told them. He said they asked him questions. He answered them of what he saw. He just talked of what happened. These people came and saw them. He was asked to leave that side but to answer the question that when they asked him about human trafficking what was his answer. George Paul said he did not understand the question and he asked the Public Prosecutor to explain to him human trafficking. He was then told that he was asked the question because it was his statement. He said they said they put them in some place where there was no light. He said he answered no as they came to Pango and played with them. It was said that that statement contained his statement and his signature and the stamp of court was on it. He agreed he understood that. It was also said that he talked about human trafficking in his statement; he did not answer the question. What he told them when they asked him about human trafficking. He said all he told them was in his statement. He was shown that he still not answered the Public Prosecutor’s question but he confirmed all in the statement was his. So he was asked what he told the person who wrote his statement. George Paul said he thought he had forgotten what he told them. He was asked again and he agreed he knew he was coming to give evidence in court.
      
1429. He was asked he must have remembered his assertions about human trafficking. He answered he had forgotten what he said. He was then asked if he could tell the court of what he understood by human trafficking. He said he did not understand it, the human trafficking he was asked again what he understood of human trafficking. Witness George Paul did not answer, he kept silence.
      
1430. It was said next, that he gave evidence of money laundering whether he knew what it was? Witness George Paul kept silence. He did not answer. He was asked what he said to the person who wrote his statement about money laundering. He kept silence. He was asked to answer the question. He said no, he could not answer. He did not understand money laundering. He did not understand the meaning of slavery. As to what did he tell the person who wrote his statement? He said he did not understand these expressions. He did not understand threats to kill a person. He said he could not remember what he told the person who wrote his statement of threats to kill. He did not understand these expressions. All that he remembered was what he told them. He was asked about intentional assault. He did not know. He did not remember of what he told the person who took his statement.
      
1431. He was asked that the truth was that he remembered he made a statement. Someone told him to include something in his statement. He said he could not remember. It was true that he did not understand those expressions he confirmed and admitted he did not understand these expressions. It was suggested to him he included these in his statement either the writer told him to put them in or the writer included them in his statement. He said he told the person who wrote the statement what he told him he saw.
      
1432. He was questioned then as to what he told the person who wrote his statement that he saw in respect to human trafficking? George Paul did not answer. It was suggested to him that someone suggested to him to include these or the writer put them in his statement. He answered the thought he said these words. He did not understand the meaning of these words. He was immediately challenged as to how could he use these words or expressions when he did not understand their meanings? He said he did not know.
      
1433. He was asked if he understood that the words he used in paragraph 12 were offences charges made against the four accused in court. This was the case against them. He answered no. He was asked that when he went before the person who took his oaths, the person asked him whether he understood his statement. George Paul did not answer. He accepted he gave evidence in Bislamar. He was asked and he admitted he made promise on something he did not understand.
      
1434. It was suggested to him that when he promised he was lying? He said the words he used he did not understand them. He was asked that when he took his oaths he knew they were not true. George Paul did not answer. He was asked that when he told the person who wrote his statement (a lady) he did not understand or could not sign the statement. He said no. He was asked again and he confirmed that he only wrote about what he saw. He was then taken to paragraph 12 and it was put to him that there was something he could not see. He did not know. It was pointed to him that what he was doing in paragraph 12 was expressing a view about the offences of this case. George said he did not know how to answer. It was said he did not know how to answer because someone else made the statement. He said there was no one else put these statements.
      
1435. He was questioned that it did not make sense. He did not understand what was in paragraph 12 and he thereafter said “inogat different man imekem statement.” Which one was true? He said what he said was what he saw. He was asked if he wanted to go through the question over what he saw in paragraph 12. And so what he saw about human trafficking? He said he did not understand human trafficking. But he was challenged as he said everything in paragraph 12 he saw. So he was asked to explain what he saw in paragraph 12. The witness did not answer. He was asked that he did understand anything about what he said in paragraph 12. George Paul admitted saying that was correct. It was said that if he did not understand he could not say he saw it. He accepted but he said he saw these things but he did not understand these words. He was asked to tell the court what he saw. There was no answer from this witness. He was asked if he understood the question. There was no answer. He was asked if he has an answer. He said no. He confirmed he told the court he only put to the statement what he saw.
      
1436. In relation to paragraph 12, and some others, he was asked that he will only say to the court things he saw but things he did not see he could not tell the court. He agreed and accepted that he said he only included what he saw. Therefore, he was asked that he will not talk about what he did not see. This witness agreed and accepted. He accepted this was the court and he was asked to tell the court of what he understood. He accepted also that he saw something he could talke about then when he did not see he could not talk about.
      
1437. George Paul was invited to paragraph 8 of his statement in which he stated “I never saw a security in and out of the premises”. This was something he never saw. So why did he say this? Why he said security? In his evidence he talked about playing playing soccer, so why he talked about security, something that he did not see. This witness said may be paragraph 8 he did not make that statement. He was taken to paragraph 9 which stated: “I never saw them fight nor heard loud noises or swearing”. So he was asked why he was saying this in his statement. He said one of the questions he was asked was they said their boss had put them to a place which was not appropriate. This was what he answered to the question. It was said he was led to give an answer to a question he did not know the answer. This witness did not anser the question. He was then asked to answer the question. Still this witness did not answer. He was then questioned, knowing the potential of the inaccuracy of paragraph 9 he still swore on it to be true as he knew they will be used in a case? This witness answered no. He did not know about this at the time.
      
1438. At paragraph 10, it was stated “never saw or heard any cry”. He was asked why he said these. He said he said these because they said their boss made something bad to them. They asked him if it was so. It was put to him and he agreed and admitted that he never live with the victims. He admitted also that he did not know what happened at Pango house. He was asked and he said he did not understand that his answer might be inaccurate. He was taken to paragraph 13. It was said they never shared or explained the situation. He agreed and admitted that was something he never saw. He was asked that the situation he was talking about in paragraph 13 he never saw. He did answer.
      
1439. It was suggested to George Paul that he was not helpful to the Court from morning to this afternoon (of that day). He was a reluctant witness since the Public Prosecutor asked questions to him. The witness did not answer. Similarly, he was referred to paragraph 11 when he said “when outside I never saw anyone crying or walking up and down the road very smartly and very active”. Again, he was asked he never saw these, so why he talked about? This witness said he had nothing to say.
      
1440. It was said in summary that the things he never saw were stated at paragraphs 8, 9, 10, 11 and that included paragraph 12. He never saw them but they were material to this case. He was asked if he understood. He accepted he understood.
      
1441. It was said that he could not have understood these things unless he was told by someone who was the person who talked to him. He answered that one of the Correctional Services officers came with the boss of these people. He said he did not know his name. The boss of these people (he pointed to the first and second defendants). He could not remember when they came and spoke to him at his home. They came and spoke to him just one time.
      
1442. He was asked and he agreed and accepted that the boss of these people who came to talk to him with the Correctional officers was the one sitting behind. This witness indicating to Defendant 1 confirming Somon Sekdah. He was taken to paragraph 14 starting with two words “I believe”. He was asked whether he understood he expressed his belief. There was no answer. The question was repeated. The witness said he did not know what to say. It was said paragraph 14 stated “I believe these people can call for help easily to us”. It was said this was the same with paragraph 15 starting with “I believe ...” George Paul agreed with this suggestion. He agreed and accepted also that paragraphs 16 and 17 started with the words “I believe”. In paragraphs 14, 15, 16 and 17 he was asked that he was not stating what he saw but what he believed. He did not answer. It was said to him he was stating his thinking in paragraphs 14, 15, 16 and 17 about his opinions in material issues in this case and that he did not really know anything about. This witness agreed and admitted it was correct. He was asked he agreed and admitted that he did not know anthing until Somon and the Correctional officer told him.
      
1443. George Paul was taken back to the fishing at night he talked about in his statement. He was asked he could not see them. He answered he saw them and recognized one of them fishing at night at Pango. He went and spoke with them.
      
1444. He agreed that he talked about giving Bangladeshi people pawpaw, bananas and water. He was asked and he said they asked pawpaw and bananas because they wanted to taste them but not because they were hungry. Whether it was the first time for them to eat pawpaw and bananas, he did not know. It was put to him that they asked pawpaw and bananas because they were hungry. He said no. they wanted to taste them. He was asked that he has given evidence as if he knew these people somtime. It was suggested to him that he never come around, met these people until Somon was arrested on 20 November 2018. He denied. He did speak to them.
      
1445. He was asked that he pointed to someone who threw the nets. He confirmed saying the one in black t-shirt. He was told his name was Shobus. It was suggested Shobu was never in Pango until the arrest of Somon. That was why he was asked the question. He said he could not really recollect the date but he knew he recognized him. He was asked to answer the question. He said he saw him before they arrested their boss. They were housed at Pacific Laguna and they came and saw them on the other side at Pango.
      
1446. It was said that his evidence has been a mixed of lies and things that he has been told to say in his statement that he knew nothing about but falsely pursued in his written statement, knowing that it was potentially false. He was asked he still agreed to use it in this trial in order to protect Somon Sekdah, without mentioning his name and the Correctional officer, he was invited to say something about that. He answered no.
      
1447. [SSW5] was not cross examined by Mr Brian Livo nor Buxoo Nabilah Bibi. There was no re-examination of George Paul.
      
1448. [SSW5] (George Paul) is not an independent, honest and reliable witness. He made a sworn statement in English language. But he could not read English. He understood only some words written in his swon statement. Paragraph 12 of his statement was read out to him: “In 2018 no one gave complaint even they had the opportunity to talk to us. No one raised complaint of human trafficking, money laundering, slavery, threats to kill and intentional assault”. He admitted he did not know what human trafficking was. He did not know what money laundering was. He did not know what slavery was. He did not know what threats to kill were. He did not know what intentional assault meant. The statement of George Paul (SSW5) is rejected in its entirety as it was not his statement and evidence. It was written by a Correctional Service Officer when he visited this witness at his house at Pango and he was accompanied by the boss of these Bangladeshi, Somon Sekdah, at that time and Somon Sekdah talked to this witness. In a substantive part of the sworn statement of this witness, one can read the expression “I believe” which is not fact but opinion of what the witness could not and did not see.
      
1449. Further, George Paul’s evidence has been a mixture of lies and things that he has been told to say in his statement that he knew nothing about but falsely pursued in his written statement, knowing that it was potentially false. He used it in this trial in order to protect Somon Sekdah.
      
1450. Melterongrong Placide was the next witness for Somon Sekdah [SSW6]. He gave evidence to this effect. He was from Malekula Island. He lived in Pango. He was 59 years old. He was married with 5 children. He was a retired teacher. He lived in Pango for 10 years since. He rented an accommodation at Kalwatman’s yard which was located in the area where part of it was the French School. There was barbed wire separating the two.
      
1451. In 2011, they removed the French School from that area. It was left empty ground. It has been used as football ground for young people. There were more than 30 people who like him rented in that area.
      
1452. In early 2018 (March), he saw friends of Banglades started to com to that area and played football. Since that time, 3 to 5pm, they came and played football with their young people. He said when they came, they were made welcomed and they were free. They needed water, they gave them water. They walked around. They were free in that area. When they came, some came with their mobile phone. They asked the young people to recharge these mobile phones. Towards the end of 2018, they stopped seeing them. That was his evidence in chief.
      
1453. Melterongrong Placide [SSW6] was cross-examined by the Public Prosecutor. He remembered he made a statement and took oaths on the Bible. He remembered he swore a statement on 7 May 2018. The statement was given before a lady commissioner of oaths. He confirmed this was his statement and he signed it. It was his statement and the content was true. He was invited to go to paragraph 25 in his statement. It was written in Bislama and was read out to him:
      

“Taem oli kam oli no toktok about victim/slavery/Trafficking/threats to kill/money laundering/intentional assault”. [Translated as – “when they came they did not talk about victim/slavery/trafficking/threats to kill/money laundering/Intentional assault”].



1454. He was asked if he knew what these words meant as he referred to slavery whether he could explain. He answered that he heard that they were not free. They said they seemed to be submitted to some kind of law. They were not free. He was told the prosecution did not agree with him. But the prosecution told him that they were not free and they were subjected to same laws. He said it was rumour going around. He was asked that they will come back that. He was then asked did not the statement suggest that no one spoke of him of these. But then he said some said something on these. How he could explain? He said people were talking. He was asked to answer the question, did this sound contradictory? He said what he said no one spoke to him. He has just heard.
      
1455. It was said trafficking, what did he understand by it? What was its meaning? He responded occasioning people who went to some countries illegaly and did business. This was what it meant. Threats to kill a person, what it meant? He said sometimes people came and you wonder for what reason. And money laundering, what it meant? He said they heard this including Vanuatu. He did not know whether it was happening or not. He was asked what he understood by money laundering. He said sometime, some men came and lied to you. You gave them money but they never applied back to you. It was said he did not have any understanding what these expressions meant. And yet he tried to put them in his statement. He said he agreed and he admitted saying yes. He was asked and he admitted that he did not know that what he stated in paragraph 25 of his statement were the offences that the State put against the accused before the court.
      
1456. So he was asked as to why he said this in his statement specifically the charges against the accused in this trial. He said he referred to those who played football. He was asked why he used those words in his statement. He said he never heard from anyone. But he was asked why he used these charges in his statement? Did someone tell him to include these words in his statement? He denied saying no. He was asked if what he put in paragraph 25 of his statement was the things that he heard around on the road. He answered no. So he was asked again why he included them in his statement. He answered he included in his statement because he heard these things. No one explained this to him.
      
1457. He was then confronted and asked who told him these? He said he heard rumours. It was said if he heard rumours, he specifically listed the charges before the court. What was his answer? He answered he just put them in. It was suggested to him that he was lying. He tried to hide something from the court. He denied saying no. It was said first he told the Court he did not understand, and then he expected they will come to talk to him about. So why they should come and talk to him about those things? He answered that he said they did not talk to him about those things. It was pointed to him that he said they did not come and talk to him about this. So why they should come and talk to him? He responded that may be they have some agenda that was why he came to clarify. It was said to him that his evidence was not so simple. If paragraph 25 was simple, why he included the charges in his statement. He said he did not realize this was going to happen the way it had. He was asked if he wrote his statement. He said yes he did.
      
1458. He was challenged that he said he wrote something he did not understand. He accepted that. He was asked if he remembered that when he swore his statement the commissioner of oaths asked him if he has read and if everything was true. He confirmed saying yes. He was informed that his answer must be yes because she (the commissioner of oaths) allowed him to sign and she placed the stamp of the court. He confirmed saying yes. And he was challenged as he was telling a lie because he did not understand what he stated at paragraph 25. This witness agreed and admitted that he has included them in his statement at paragraph 25 but that he did not understand them. He was asked and he agreed and admitted he was actually telling the commissioner a lie because he did not understand. He was also asked and he agreed and admitted that he came before the court that night and the purpose to give the statement was to support Mr Somon’s case, and although before he signed the statement he knew he did not understand, as he confirmed this by saying yes but he signed the statement in any event.
      
1459. It was noted that on the advice of the Public Prosecutor, the court warned witness Melterongrong Placide on the risk of self-incrimination. The court explained to him briefly of the likelihood of a charge of perjury and its implications to him.
      
1460. He was then taken back to his swearing of his statement, for example paragraph 25, whether somebody told him to use those words or charges, bearing in mind of the warning. He was invited to say something. This witness answered and requested if we could go back to paragraph 25 in his statement. He was then asked as what he was going to tell the court.
      
1461. He told the court that what he said earlier, this part of the statement was not coming from him. He was asked who the person who came to you. He answered the gentlemen named in the statement, Somon Sekdah, came and talked to him and asked him if he has heard about all those talks going around. He was asked what else Somon Sekdah said? That was all, whether he heard anything about these, he answered. He agreed and admitted that the truth was that he did not know and he was not aware of those until Somon Sekdah came and talked to him. He agreed and admitted that the expectations that victims will come and talk to him, that was not his expectations but that was Somon Sekdah’s.
      
1462. He was asked and he agreed and accepted that there were other things containing in his statement that were material to this case, unless somebody who was part of this trial told him, he understood. He was asked that in his statement, there were 5 paragraphs they talked about these paragraph 9, victims never shared with him they were beaten up. It was put to him he did not know about this. Somon Sekdah told him about this. He agreed and admitted saying yes it was correct. He was also asked and he accepted and admitted that paragraphs 10, 12, 13 and 14, they were material in this trial. He did not know until Somon Sekdah talked to him. He was finally asked that when he gave his oral evidence that night that Bangladeshi people were free to come play football and go freely, Somon told him to say that. He answered yes as it all reflected in his statement.
      
1463. [SSW6] was not cross examined by Mr Brian Livo nor Buxoo Nabilah Bibi. He was not re-examined by Somon Sekdah.
      
1464. Melterongrong Placide (SSW6) is not an independent, honest and reliable witness. His evidence is rejected in its entirety for the reasons that follow: - He admitted that Somon Sekdah came and talked to him and asked him if he has heard about all those talks going around. He admitted that the truth was that he did not know and he was not aware of those until Somon Sekdah came and talked to him. He agreed and admitted that the expectations that victims will come and talk to him, that was not his expectations but that was Somon Sekdah’s. He admitted that the victims never shared with him they were beaten up. He admitted he did not know about this. Somon Sekdah told him about this. He accepted and admitted that paragraphs 10, 12, 13 and 14 of his statement were material in this trial. He did not know until Somon Sekdah talked to him. He finally admitted that when he gave his oral evidence that night that Bangladeshi people were free to come play football and go freely, it was Somon Sekdah who told him to say that. Melterongrong Placide (SSW6) made those admissions after he was warned of the consequences of self discrimination.
      
1465. Mathew Kaltavara was Somon Sekdah’s next witness [SSW7]. He gave evidence that he was from Emau Island. He was 29 years old. He started working in Port Vila in 2004 until 2020. In January 2018, Somon and his family moved into the apartment he looked after. His works involved maintenance. He fixed door handling, plumbing when they moved in. He will spend about one hour and he then left. These were the houses they stayed in, house # 2 and other 4 houses. Others would come but he did not know their names.
      
1466. [SSW7] was cross-examined by the Public Prosecutor. He confirmed Somon moved into the apartment in January 2018. That was not the only apartment he was looking after. He was looking after six (6) other apartments. Six of them were relatively big. He confirmed that 3 of these apartments have 4 bedrooms. He had other works quite apart from Mr Somon Sekdah’s. He agreed he spent very little time in the apartment occupied by Mr Somon as compared with the time he spent in other departments as there were lots of work to do. He agreed that when Somon occupied the apartment at the top of the hills, he was not working for him. He accepted that in fact, his boss lived in Australia. He confirmed that his boss’ name was Max Spinoza.
      
1467. [SSW7] was not cross examined by Mr Brian Livo or Buxoo Nabilal Bibi Somon Sekdah did not re examine him.
      
1468. Mathew Kaltara’s (SSW7) is self explanatory. It is not going to assist the court in determining the material and factual issues before the court.
      
1469. Hosea George was the next witness for Somon Sekdah [SSW8]. He said he was from Emau Island. He worked for Vanuatu Ferry since March 2020. He was involved in the construction site. In 2018, he met Somon Sekdah, through Roy, in Somon’s office. Somon told him there was work for him. Somon’s company’s name was Mr Price. He met with Bangladeshi people working at the construction site. He started work at that time.
      
1470. [SSW8] was not cross-examined. That was the end of his evidence.
      
1471. No assessement is made of this witness (SSW8) and his evidence as it cannot assist the court.
      
1472. Rosa Noel was the next witness for Somon Sekdah [SSW9]. She was from Emau Island. She was 44 years old. She worked at Tana Russet Plaza as a cleaner. She started work at Tana Russet Plaza as cleaner in 2017. She got to Mr Price when they came opposite Tana Russet Plaza. There was a number of Bangladeshi who worked at Mr Price every morning from 7:30am – 8:30am. A vehicle dropped them. The vehicle picked them at 11:30am and 5:00pm o’clock. Sometimes she saw them going to Chinese shop. They walked freely, buying food, sat outside and ate. Sometimes, there were 2 or 3 walking at Tana Russet. They said hello. They talked freed and walked freely. The place they worked was an open space. Any one walking down the road could see them working there. Her work shift was from 7:00am to 9:00pm and when she changed shift, she worked from 1:00pm to 10:00pm. At her night shifts she received 2 – 3 working past. So they were friendly come and go freely.
      
1473. [SSW9] was corss-examined by the Public Prosecutor. She confirmed she was from Emau Island. She knew Roy Simeon who was aslo from Emau Island. That Roy Simeon worked with Mathew Kaltavara. Mathew Kaltavara was from Emau Island as well. She confirmed that Roy Simeon asked her to make the statement on behalf of Somon Sekdah.
      
1474. She confirmed that Tana Russet Plaza was a large building comprising of a ground floor, a second and third floors. Her jobs as clearner included all parts of open area and public areas. Public areas were extensive including car parkings. She said she did not clean up the second floor where the Japanese restaurant was located. She said there were 12 companies responsible to clean up Tana Russet. He was asked about the company which was responsible to clean up the place. She said just one. She accepted that company looked after the clearning up of stairs and ups.
      
1475. There were entrances of vehicles and another place for customers to enter. Those two entrances were the only opening of the way out one could see outside across to the construction site. The building was a long building. She agreed that the length of the place where she was cleaned on the ground floor started from one end of the care park toward the other end of the building next to the series of money machines. She accepted also that from the side of the main road going to the airport, there were shops on the front and back of the building. A parking place was on the right side. She agreed she cleaned only the ground floor, so within the building, the public area started from the car park going through the entrance and to the money machines. She did not work inside but she worked alongside the corridor. She agreed there was an entrance to the building where TVL store was before. She agreed that as she entered the plaza throught that door, she will use the public areas and she will go next to the stairs up towards money machines. She agreed also that access to the first door was also cleaned by the company who employed her. This included the stairs up.
      
1476. She agreed that the place where the car pak was there were windows but they were high up not like in a house. She did not accept that one could not see readily outside one needed to climb up. She accepted that once one was in the first floor, it was not easy to look outside. She accepted that on the second floor, there were public aareas/restaurants and next to Japanese restaurant and toilets that the clearns worked. She agreed that on the second floor, from the public areas, inside on the second floor one could not see outside. She accepted that the second floor consisted mainly of offices. She accepted that all the public places described were under the responsibility of the company that employed her to clean them up. She accepted she was one of the cleaners to clean these public areas.
      
1477. She was shown document Exhibit P4 page 19 (photograph A). She agreed that the edge of the Plaza and the road could be about 30 or 40 meters. She was invited to go to the foreground background near the sea and it was near the photograph “A” she saw earlier, she then understood the photograph at page 22. She agreed and accepted that between the foregrounds, there were other structures. One of such structures was the pool at photograph B at page 19. She was asked and she agreed she could see that structure under the sign of Mr Price under the black plastic. She agreed and accepted that the distance between the edge of the road, photograph A at page 19 and the edge of the background near the sea (page 22) was quite a long distance. She agreed it will be difficult to see clearly what was happening at the background if one was standing at the entrance of Tana Russet. She also agreed that it will be difficult to see who the person was and what he was doing. She agreed further that the Tana Russet Plaza was busy with lots of cars on the road. Many vehicles, utilities cars, buses, big trucks went through. There were also lots of people walking on that road.
      
1478. Her last day of work was the day before and her shift working hours was 7:00am to 4:00pm. This was about 9 hours shift with one hour break. She was asked and she said she could not tell the court how many vehicles ran up the road at Tana Russet Plaza. She worked outside but she was not outside all the times. She could not say how many people walked that road on her last day of work. She accepted that one of the reasons was because she was looking down to check the place to clean. She was asked and she agreed that even if she was allocated the tasks to clean outside she was not always outside. She was also inside during change water, to have lunch and to change new materials.
      
1479. Since 2017, she denied she cleaned inside. She was asked to be truthful; she said she never worked inside. She was asked even during rains, she said she was outside under the rains. It was suggested to her that she was not telling the truth as places were wet and needed to clean. She agreed and admitted that when it was raining, heavy rains they needed to clean the car park inside the Tana Russet Plaza.
      
1480. She was reminded she was under oaths to tell the truth. She started working on 14 August 2017. She was reminded of her evidence that she agreed she was unable to say how many vehicles she could not count as of the day before. She agreed. She agreed the evidence she was talking about went back to 2017 – 2018.
      
1481. She was asked whether it was her habit to stand up and just to look at the construction site and observe. She answered no. She accepted sometimes she went inside the Plaza. During that time she admitted she was not standing up observing what was happening on the other side of the road. She was asked that she gave the court specific times like 7:30 – 8:30. That was when she said Mr Price vehicle came in. It was suggested to her and she agreed that it was not always 7:30 – 8:30. It could be 7:45am – 8:00am. Her evidence the day before was that she knew the straight time the truck of Mr Price will arrive. So the question was whether she run outside to see when the truck arrived? She said no. The question was asked to her because it did not make sense because she was not doing that. She agreed with the question. She further admitted that if she was asked about the right times the truck arrived she agreed she would not know. She would not know for the month of February either or any other day in 2018, she agreed she would not know. Similarly, she agreed that she would not know the departure of the truck between 4:00pm or 5:00pm.
      
1482. She was asked and she agreed and admitted that somebody told her to come to court to give evidence. Roy Simeon told her to come to court, she confirmed. She was asked if any of the accused sitting in the back either Somon Sekdah or Nabilah Bibi told her to come and said this in the court. She agreed and admitted saying yes. She told the court that both of them (Somon and Nabilah) had spoken to her.
      
1483. She was taken back to an aspect of her evidence she used it plenty of times. The first time she used the expression was when she said the Bangladeshi people went into the Chinese shop, they walked freely in addition to say go outside and sat and eat freely. She accepted she remembered saying this. She was asked and she said she rememberd she mentioned 2 or 3 Bangladeshi walked passed the Plaza, said hello. But she did not know that talking freely and walking freely was an important issue of this trial. But she agreed and accepted that she used the word “freely” several times. She admitted someone told her to use the word. It was Roy.
      
1484. She was taken back to page 19, she would know when there were constructions taking place there were fences. So she agreed and accepted that it was impossible to see what happened inside. She was shown again the photograph A at page 19, she agreed and accepted also that there was initially a green netting first before it was replaced by a black plastic. She admitted it was not possible to see what happened behind.
      
1485. [SSW9] was not crossexamined by Mr Brian Livo nor Buxoo Nabilah Bib. She was not re-examined by Somon Sekdah.
      
1486. Rosa Noel is not an independent, honest and credible withess. Her evidence is of no use to the court and it is rejected as it is not reliable. She admitted that somebody (Roy Simeon) told her to come to court to give evidence. She is from the same island (Emau) than Roy Simeon. Roy Simeon is working for Mr. Somon and Mrs Nabilah. She admitted that Somon and Nabilah both spoke to and with her and they told her to come and said what was in her statement in court.
      
1487. She admitted that in her statement an aspect of her evidence she used it plenty of times was when she said the Bangladeshi people went into the Chinese shop, they walked freely in addition to say go outside and sat and eat freely. She said she rememberd she mentioned 2 or 3 Bangladeshi walked passed the Plaza, said hello. But she admitted she did not know that talking freely and walking freely was an important issue of this trial. But she accepted that she used the word “freely” several times. She admitted someone (Roy Simeon) told her to use the word.
      
1488. Christelle Boby was the next Somon Sekdah’s witness [SSW10]. Christelle Boby gave evidence to this effect. She worked at Wilco and she came to court to say what she knew when Somon Sekdah came to start shopping in the sop. The first time, they came to purchase, they were plenty of them. They asked to purchase volumes. They gave them 15% discounts. Then they came more regularly 2 – 3 times a day. She saw her supervisor and she allowed Somon 20% discount. When Somon came to the shop, his workmen followed him and will tell them what exactly they wanted.
      
1489. Sometimes they came without Somon, they selected the items. They prepared them a quote Mr Somon will come and pay; if they had cash they will otherwise Somon will come and pay with his credit card. When they said they wanted something and she was not suing, she will show them where they would go into the shop and the other staff will help them.
      
1490. When they came, they laughed with them. They spoke broken English. They made gestures (signs) to make them understood. When the story broke out, she said they were sorry. They never expected. When they came with Somon they were alright.
      
1491. [SSW10] was cross-examined by the Public Prosecutor. She confirmed she made a written sworn statement on 11 May 2020. It was in Bislama. It had 35 paragraphs. She confirmed her signature. She came to tell the court what she saw. She agreed that what she saw was very very limited of the Bangladeshi people. She agreed she saw Somon and some only of his employees. She agreed that if Somon had 105 workers, she did not see them. She said no. It was said these workers accommodated in four (4) different apartments far from where Somon lived. She agreed and accepted the suggestion that she would not know what happened in these 4 houses.
      
1492. It was said that in that statement dated 11 May 2020, not knowing what was happening she mentioned several matters that were material to this case. She agreed and accepted she understood. She understood that she mentioned these matters in her statement. She accepted that the observations she made were about things she saw in December 2017 through to 2018.
      
1493. It was said the material issues that were in her statements only arose at the time of this case in November 2019. So the question was how did she know of this and expressed this in her statement as what she talked about she could not see. She said she knew because of the news. But she did not know what the problem was.
      
1494. It was said that this trial was hardly reported in the news. These matters were important material issues, not the stories or news. If one read paragraphs 34 – 35. They have a number of opportunities to tell them of this problem. They have opportunity to tell them they were not happy. She was asked to tell what problem she talked about in paragraph 34. She said she meant that this was going back after having heard the news, she sat back, and they have enough problems.
      
1495. It was said there was a pattern. This was seen in a number of statements of witnesses. She said they felt not free to work for Somon. It was said the details of all of this were never known after police arrested Somon and Nabilah. That was about December 2018. But here she talked about December 2017, early 2018. So how she knew this? She said she did not know.
      
1496. She was asked how she was able to know when everybody did not know including the police, late alone the news media, that period covering December 2017 and early part of 2018. She said she did not know. She was challenged as to her evidence in that if she did not know about this how could she think of what she said in paragraph 35 in her statement of 11 May 2020. She answered because when they came to the shop, they spoke to them. It was said to her that that was not the answer. She said the truth was that she did not know there was problem at that time.
      
1497. She was confronted in that how was she able to say she did not know the problem and she expected them to tell her there was a problem? She said she was trying to clarify when they came to the shop, there was no problem, only when the news came out. It was pointed to her that this was not the same answer she gave before in paragraph 34. She said she knew the problem because she heard of in the news. She now said she did not know. Ti was suggested that people knew because of investigations in December 2018, January 2019 when the police started investigations. What time she talked about was early December 2017. So who told you to come and said this? She answered that these were questions that Somon and his companion (she pointed to Nabilah) told her when they asked to talk to her. She said and she admitted that the truth was that she did not know that tere was a problem. She said it was not something she could expect they could come and tell her.
      
1498. She admitted that paragraph 34 of her statement was the answer to the question which was “was there an opportunity to talk to her”. She agreed she did not know there was a problem and she agreed she did not know and she did not see 105 Bangladeshi people. They did not know her as well. It was not enough to trust her to reveal the problem.
      
1499. She was asked as to who put the thought in her mind that they came. She admitted it was the question that the two (2) of them put to her. She was reminded that she came to court to tell the court of what she saw. She admitted that what things she mentioned in paragraph 34 she never saw. It was said she knew nothing until the time Somon and his companion came and told her. She agreed and admitted that this particular paragraph 34 was about what she heard from them. She was asked as to who wrote her statement. She admitted that it was Somon’s wife. She spoke and Somon’s wife wrote. She confirmed and admitted that all the 35 paragraphs of her statement were written by Nabilah. She admitted also that all she did was to sign the statement.
      
1500. She was asked other questions. There were materials in other paragraphs that she was not intimately familiar with. She agreed that it could have been potentially inaccurate. She was asked and she agreed that she remembered that before she swore her statement she was asked whether she has read her statement and if she agreed with. She agreed also that that was why the lady commissioner allowed her to sign the statement. She confirmed and agreed that when she swore under Bible she stated that she knew the content of her statement. She knew that everything in it was true. She denied that when she was signing her statement, she knew that there were possibly some inaccuracies. She said no.
      
1501. She was invited to read paragraph 35 “There were times for them to open to us but they were happy”. She was asked that this was the same as in paragraph 34. She agreed. She was asked again and she agreed that she did not know. What happened in December 2017 and early 2018? She agreed that the second part of paragraph 35 that they were always happy. It was mentioned to her there were 105 Bangladeshi workers here in Port Vila who were equally affected. So she was asked how she could say they were happy. She answered she saw the people who came to the office. She did not see the others. So she was asked if she could make the statement she made in the second part of paragraph 35. She answered yes.
      
1502. She was asked and she admitted that it was correct that what she saw was not reflecting whether they were really happy. She also admitted that she made the difference they were a different categories than others but she did not know. The last part of the last sentence of paragraph 31 was referred to her when it referred to: “seeing them always happy”. It was suggested to her she possibly has been mistaken. She agreed and accepted that possibility or suggestion adding that she could only said what she saw. But she accepted that some of the matters they discusssed in these paragraphs were not accurate to each of them. She was asked and she said she never realized when she made the statement that some aspects of her statement were not accurate. She said these were her replies to the questions put to her. She was asked whether there was anything in the statement. She answered no. everything she asked her and these were the answers.
      
1503. So she was asked she took the responsibility in the statement if she knew they were false and whether she understood there were consequences? She said she did not know about that. It was said that paragraphs 35, 34, 33 and 31 included material issues in this trial she would not expect to know. So someone must have talked to her. She answered as she said Nabilah asked her the questions and she answered.
      
1504. She was asked and she admitted that, contrary to what she saw, she never saw. She was asked to be truthful like few others, whether she was offered money to do this. She denied.
      
1505. [SSW10] was not cross examined by Mr Brian Livo or Buxoo Nabilah Bibi. She was not re-examined by Somon Sekdah.
      
1506. Christelle Bobby (PW10) agreed and accepted that in her statement dated 11 May 2020, not knowing what was happening she mentioned several matters that were material to this case. Christelle Bobby is not a creditworthy witness as the matters that are material issues to this trial and case which are contained in her statement and on which she relied, are rejected. The balance of her statement of what she said she saw about the Bangladeshi people in the shop that is not material to this case, may be admitted.
      
1507. Karae Dervesley was the second last Somon’s witness [SSW11]. He was 39 years. He has 3 children. He looked after LG hooker houses for 5 years since. In March 2018, they phoned him and asked him to check the houses where the Bangladeshi people lived in. It was the house at the seaside at Pango. When he went to Pango, he saw a huge hip of rubbish. He made 3 trips to remove the rubbish with his truck. The house was a good house, a good standard house. No ni-Vanuatu would be able to rent. There were fruit trees inside the yard such as fruit trees and coconut.
      
1508. [SSW11] was cross-examined by the Public Prosecutor. He suggested that all houses have everything in it. There were fruit trees inside. From LG Hooker properties, they rented out 3 houses at Pango, 1 at Football Academy and 4 flat at Shefa. He said in these houses, there was everything inside but he did not have inventory of what were inside each house. He mentioned about photographs taken, but he did not bring inventories and photos. He was asked how he expected the court to take his evidence. He said he did not really know he will come to court. That was why he did not bring anything with him.
      
1509. He gave a sworn statement signed on 4 May 2020 to be used in Court. He understood that it had 16 paragraphs. He accepted and admitted he never lived with the Bangledeshi people. So the only time he went to this house was after they moved out. He was asked and he admitted he did not have any idea about those accommodations. He was asked and he admitted he did not know that in his statements he talked about material issues he would not know unless someone would tell him.
      
1510. He was asked to go to paragraph 15 to his sworn statement “The surrounding of the house that I saw the house was free... anyone can go out and came back...” He was asked why he talked of these issues. He said in this house, there were 2 gates and 1 gate near the sea. He was then challenged that if his agenda was only that he will just say that in paragraph 15. But on paragraph 15 of his statement, he went further more. So his intention was totally different. He was asked what he said in paragraph 15 was beyond just the description of the gate. He did not understand and he said he was talking of the gate here.
      
1511. It was pointed to him that almost of the sentence in paragraph 15 was about freedom of movement. It was a material issue in this trial. He was then asked how he could talk about this material issue of the trial when it was not his responsibility. He said he said that because they could move in and out and went to the sea. It was put to him that it was pointed out to him that someone told him to say that. He denied saying, no.
      
1512. He agreed that he was sent by LG Mookas through Mr Brian. He was asked he said the conditions of the houses were very bad. He was then asked how freedom of movement has to do with the bad conditions of houses. He answered he meant the Bangledeshi people were free to go to the sea. When he went to the houses, the conditions of the houses were worse. He did not know who did those. He was immediately challenged that in his statement he stated the Bangledeshis people who damages the houses. When he said he did not know who damages the houses. He was asked what he could say. He kept silence. He gave no answer.
      
1513. He was invited to paragraph 5 of his statement. He talked about who occupied the houses... paragraphs 6 and 7 did not suggest to him he did not know who was responsible. He said yes. He was asked again as to what the identity of the persons had anything to do with freedom of movements? He said they who lived there, had easy access to the sea. But he was questioned as to how this was material to his report of the conditions of the houses. Was it anything to do with inspection of the house? He said it was all part of his report, free to go to the sea through the gate.
      
1514. It was suggested to him that his intention was not to give evidence of the house but of the Bangledeshi people? He answered he came to testify how were the conditions of the houses and how they were before.
      
1515. He was asked to go to paragraph 9 of his statement. There were 14 sentences there. He asked if what he said was correct: - “I saw a lot of simcards” That will answer his question because what he saw was in the 3 sentences. But the last sentence was an addition. He agreed with this saying yes. But he was challenged that yet he continued and stated on a material fact before the Court when he mentioned: “By my understanding, they were using the phone, they talked on the phone everyday”. He answered, no. He was asked he agreed and admitted he did not go to Pango houses everyday. So he agreed and admitted that he could not say they used the phones everyday. He just saw these sim cards otherwise he accepted what was suggested to him.
      
1516. It was suggested to him he was told to include that. He answered no. this arose out of the fact when he cleaned the house. He saw all the items. He was then asked who wrote his statement. He answered he spoke with Brian and he went to Mrs Somon and she wrote his statement. He identified Mrs Somon in Court by pointing to the second defendant (Buxoo Nabilah Bibi). He agreed and admitted that he spoke and Mrs Somon wrote it.
      
1517. He was asked to go to paragraph 11. It was stated – “Back in 2017 and 2018, I was never sent to fix anything only I was sent after the arrestation of Mr Somon and Mrs Bibi.” It was said the word “arrestation” was not a word. It was not a proper word. It was pointed to him that only 1 person used that word “arrestation” known in this trial. Only Nabilah used the word arrestation in this trial.
      
1518. This witness was suddenly asked whether this evidence was still his evidence. He said he talked about arrest but not arrestation. He was asked what the word he swore to be correct was. He said arrestation but should be arrest. He was referring to the time when Somon and Nabilah were arrested. He was asked if he know what time? He said he did not know of the exact date. Again he was challenged that despite saying he did not know the date, yet he said he was sent only after the arrestation? He did not know the time of their arrestation.
      
1519. He was asked that paragraphs 9, 11 and 15 were the statements that Nabilah added to his statements. Because they were material issues to the trial. He answered these statements were his statements. He was finally asked whether he was offered any money to give statement. He denied.
      
1520. [SSW11] was not cross examined by Mr Brian Livo nor Buxoo Nabilah Bib. He was not re-examined by Somon Sekdah.
      
1521. Karae Dervesley (SSW11) is not a trustworthy witness; his evidence could not be relied upon by the court. He admitted Nabilah Bibi (D2) wrote his statement. His statement talked about the material issues before the court in this trial. This witness said he was sent at Pango House to do some work in the house. He did not talk about the work he was doing nor giving details of the work. But his statement was about freedom of movement, the gate and how many, the space and the simcards which are the material issues in the trial. He is not a party in this trial so he did not know of these issues unless he was told or some part of the statement was added by another person in his statement (here, Nabilah).
      
1522. Willie Moses was the last witness for Somon Sekdah [SSW12]. His evidence was that he was 42 years. He has family. He worked in Port Vila at South Pacific Hardware. Somon was a customer of South Pacific Hardware. He delivered the items purchased to the work place. The material Somon ordered included sandbeach, coral, and cement.
      
1523. [SSW12] was not cross-examined. That was the end of the evidence of Somon’s witnesses and case.
      
1524. Willie Moses (SSW12) evidence is self-explanatory of what he said and did. It is not relevant as it is not going to assist the Court in its decision of this case.
      
      100. Buxoo Nabilah Bibi’s case and evidence
           
1525. Buxoo Nabilah Bibi made a written statement of 183 paragraphs. She swore them on 27 April 2020 to be true. She attached with her statement a list of indexes of exhibits. She gave evidence to the following effect –
      
1526. She was born in Mauritius Island. She was 25 years of age. She was born on 22 September 1994. She was born in Jeetoo Hospital, Port Louis, Mauritius. Her father’s name is Feroze Buxoo. Her mother’s name is Chitbahal Salmabee.
      
1527. She has two sisters and one brother. Everyone resides on Mauritius. Her educational background was as followed: she completed her school certificate in 2011 in Muslim College. She completed her High School certificate in 2013 at Islamic Cultural College. She did a BA in Urdu language in the University of Mauritius and Mahatma Ganhi Institute. After she received her results, she was offered a scholarship by the Minister of Education to go and study in New Delhi, India.
      
1528. Because of some circumstances, it did not happen. She did an application to study in the University in the Mauritius Island. That same year about February 2014, she met Mr Somon Sekdah through her father and father’s friend. Her father’s friend’s name is Masud. He was a Bangladeshi as well as a Mauritian citizen.
      
1529. On 20 October 2014, she got married to Mr Somon in the Civil Registry court. On 1^st November 2014, she married Somon in the Mosque Nikah. On April 2017 she was in Singapour with three Bangladeshis gentlemen. They were Shohag, Musharag and Palas. Later on that day, Somon joined them together with the three gentlemen from the airport.
      
1530. From Singapore they travelled to Fiji and then from Fiji they went to transit point. From Fiji they travelled to Vanuatu from Fiji Airways.
      
1531. When they arrived in Vanuatu, they have bookings with Entani Lodge at Number 2. Then as far as she remembered, she was with Somon and the three others only stayed there for 3 days. Then they moved to a property at Bellevue.
      
1532. At Bellevue, they stayed with the Family Garae. Then after that she travelled to Myanmar. Somon informed her that Mito and her daughter, Tonima were waiting for her. And Somon informed her also that Mito was pregnant that time. When she reached Myanmar, Somon has called her and told her that he will need few things from Myanmar. Before she came back to Vanuatu, she did all these shoppings as he asked her to do.
      
1533. The reason why she and Somon brought Mito and her daugther here was that Somon told her she was alone. He told her that if Mito and her daughter were here with her she will feel betwe as she was the only woman. When she was in Myanmar, she was staying in Bauty Land Hotel. Few days after that was in June 2017, she remembered she saw three Bangladeshi gentlemen coming in that hotel. They were Moinul, Nure Alam and Aslam. She was in her room when she saw them. Taibur also was with the three gentlemen. Then, Taibur introduced the three guys to her. As far as she remembered she talked to Nure Alam that day, then Taibur took them back to their room. That time, she could not communicate with Mito. She could only communicate the small girl who could speak only Hindi language.
      
1534. Then later on Taibur came in the evening. He told her that the three guys will be travelling with her and Mito. On around that month (end Juen 2017) when Nabilah, Mito, her daughter Tonyma and the three other gentlemen took the flight from Myanmar to Singapore. Then they reached Singapore and everyone stayed in the transit area. No one went across the Singapore border. Everyone stayed at the transit point.
      
1535. At that time through Tonyma, Mito talked to her. She talked her language and she could understand her at that time. From that time she was pregnant and she told her that she was bleeding. So at that time, she could not take another risk, she called Somon and she informed her to book a hotel in the transit Point and allow Mito to rest fro 6 – 8 hours as at that point they had 12 – 13 hours lay over.
      
1536. After that she told her that she felt much better. It was almost close to boarding from Singapore to Fiji and they boarded the plane from Singapore to Fiji. At that point, before she took Mito to the transit point hotel, she has spoken to Tonyma and she told Tonyma to speak to Moinul in Bangla language to aske for his phone number. And eventually she took his IMO number. After that she asked him (Moinul) to connect through wifi for her to be able to locate him before they boarded the plane. At that time she checked the boarding gate. She informed Moinul to be present at the boarding gate. From there they boarded the plane from Singapore to Fiji.
      
1537. When they reached Fiji, they went in the transit point. They all have a lay over of 6 hours. That time inside the transit pont, there were few restaurants, the small girl asked her to eat rice and curry? At that time no restaurant was selling that type of food. She paid some food at the Burger King.
      
1538. Since they have already received their boarding pass from Fiji to Vanuatu and Singapore to Fiji and also, the transit point and the boarding gat were close together, they did not need to rush at that time. She went to the smoking lounge. She stayed back there, when she came back, it was almost the time to board the plane Fiji – Vanuatu.
      
1539. When they arrived in Vanuatu, the immigration officer asked her where all be staying in Vanuatu? At that point before Somon already informed her that he already took a house at Tassiriki.
      
1540. As far as she remembered that day, she spent quite a time in the customs because at that time she brought some kitchen utensils, bed shits and towels for personal use. The customs officers opened her bags and lugages and when she had finished and was coming out, she saw Somon, Shohag, Musharag and Palas. Then after that she, Mito and Tonyma went into Somon’s car and eh drove them to Tassiriki. When she reached Tassiriki, she found that the three who came on the same flight, the came by the bus.
      
1541. She did remember that day, they all had dinner together and they very next day, there was “eid – ul –fitr”. She did not remember that the Tassiriki house was a 4 bedroom house and 2 bathrooms, one close to the kitchen and one in the corridor near the bedroons. That time Mito occupied the first bedroom in the corridor. She and Somon occupied the second bedroom. The third bedroom in the same corridor was occupied by Shohag, Musharaf and Palas. And the one room close to the kitchen was occupied by Nure Alam, Moinul Hasaan and Aslam Hossen.
      
1542. That time when she returned back from Myanmar, she was informed by Somon that VIPA has approved the application. The application for VIPA was prepared by a man called John Avock Mahit. He was the owner of the company Vanuatu Pulz. At first, when they lodged the application, there was a lady at the reception of VIPA office. She gave her a business card which belonged to John Avock Mahit. She told her that this was the man who was going to prepare their application properly. When she and Somon called him, he told them that they needed to reserve a business at the VFSC office before they could lodge the application at VIPA.
      
1543. At that time, she did remember, it was in May 2017. She made a list of business names and those names she found at the internet. And that website, one needed to buy the name. She forgot the website name. She made the list. She gave to Somon for him to choose the name and thses names she collected from the websites. She informed Somon that ater he chose the name she will precede using the credit care to purchase the name. That package which she was supposed to purchase included the name, the logo, the business card, design and there were also other things included in the package.
      
1544. After that, Somon came back to her he told her that she had chosen a name and that name was Mr Price. She and Somon provided required documents such as passports, photocopies of passports, business summary, cash flow charts, police certificate that was the check list required by the VIPA Office. That time when the application was done, Somon was 70% shareholder and she was 30%. Then the application was successfully submitted to the VIPA office by Vanuaty Pulz.
      
1545. She did remember when she was in Myanmar, Somon informed her that he had received VIPA approval and there were 3 or 4 categories with which Mr Price could do business. The first is retailers and wholesellers, the second one was manufacturing industries and the third one was accommodation, bars and hotels.
      
1546. From there, she and Somon went to Real Estates Company, LG Hokker. The person who was managing the properties, his name Biran Stevens, showed them some properties around Port Vila. The first property was an old building beside Unelco but there were few shareholders from VNPF due to some circumstances they did not precede with that building. They came across the land opposite Tana Russet Plaza.
      
1547. Before they reached any agreement with the owner of the land, Somon travelled to Myanmar, which was in August 2017. He went out of Vanuatu for almost a month. He went to Indonesia first. From there, he travelled to Myanmar.
      
1548. When Somon arrived in Vanuatu, she was the one together with Tonyma to go and received Somon at the airport. There were some people (Bangladeshis) also came with him. She still remembered two of them Anowar Hossain and Masud Parvez. That time when Somon came out she gave him the keys of his car and they all went to Tassiriki. Then it was around September when there was a festival “eid – ul – Adha” was celebrated 3 months after “eid – ul – fitr”. She remembered that day, Somon and all Bangladeshi slaughted a cow. She had a video of that day and some pictures to show the court.
      
1549. The video was about Festival of “eif – ul – Adha”. The date of video was 1^st of September 2017. It was tended as Exhibit D2 (2). The 5 photographs related to the “eid – ul – Adha” Festival (processing of cow). Photographs 1, 2, 3, 4 and 5 tendered as Exhibit D2 (3).
      
1550. On or around 4 October 2017, the baby Noah was born. They all stayed at Tassiriki. A lady from Tanna, Elizabeth, came to see her if she needed a housegirl to work at her house. She told hier she will ask her husband and called her back. She took her number. She told her hustband and they agreed. She came and started the next day.
      
1551. On or around November 2017, she took a flight to India (New Delhi). She had an appointment at New Delhi at Apollo Hospital. Before she went to Australia, her visa was not ready. Then she travelled to India and have an appointment with a geneacologist where she was diagnosed with PCOD. She received treatement. In New Delhi she was staying in a hotel named Crown Plaza. She stayed there for 2 weeks. From there, she was informed that there was a group of Bangladeshi people also travelling with her to Vanuatu.
      
1552. From her hotel, she travelled to the New Delhi airport. She did remember that day she saw MD Shohel Rana (the accountant), Alamin and there were a few more. She remembered also Moshahed Mia travelling together. They were all to travel from Fiji Airways and they had connecting flights with jet airways where Jet Airways will take them from India to Singapore.
      
1553. She remembered that day since she had connecting flights with Jet Airways and Fiji Airways and also that Fiji Airways and Jet Airways have co-chared agreement. On that day when she was acquiring her necessary documents to travel, she had received 3 boarding passes, one from New Delhi to Singapore, the second one from Singapore to Fiji and the third one Fiji to Vanuatu. After everyone who travelled on the same flight got or acquired all necessary documents, they all proceeded to customs.
      
1554. When she went to precede customs (India), this was before Indian immigration boarder. When she went through they asked her to take out bolt, shoes, watch and after they scanned everything she proceeded to immigration counter. After she crossed the immigration border, that day the immigration boarder was very far from the immigration border. They all had to rush. They successfully boarded the plane. Then they reached Singapore. As far as she remembered, they had a long lay over. They arrived at 9:00am in the morning. The next flight they took to Fiji was 7 to 8:00pm at night (the departure time).
      
1555. She also remembered they landed at terminal 3. The next flight they needed to catch was Terminal 1 to Fiji. In the middle of the day as in India everyone had checked in for their luggages. Then Taibur gave her their boarding passes. She took all boarding passes including her own to the Fiji Airways counter to check whether the luggages were successfully transferred or if they are succesfully brought to Singapore or not. The lady at Fiji Airways counter asked her to wait to get more details over the luggages. She remembered that day, she called in the late afternoon and she told her all the luggages were transferred successfully and they were good to go. From there, they went to Singapore to Fiji. When they arrived in Fiji in early morning, it was around 5:00am o’clock, then they had lay over waited in the transit area, and they catched their flight to Vanuatu in the late afternoon.
      
1556. She recalled when they reached in Vanuatu, Somon was waiting for her. She remembered Shohag, Nure Alam and some others were waitng. She got into the truck with Somon and went to Tassiriki.
      
1557. Around 8 December 2017, Somon and LG Hooker came to an agreement for the land opposite Tana Russet. The land was originally owned by an Australian named Garry Brams. At that time, Somon came to agreement with LG Hooker, one at Norpow Point and the other at Pango.
      
1558. That December 2017, Somon, Mito, Tasfea and the baby were shifted to Pango. They stayed in the Pango House No. 2.
      
1559. Around first or second week of December, Somon took around 10 Bangladeshi and took them to the land opposite Tana Russet Plaza and they started the work.
      
1560. That same month (December) Somon and her spoke to Brian Stevens from LG Hooker of taking a new house and at that Mr Brian Stevens and his colleagues proposed a property at Elluck. They went to see a property in December (2017). And after that she and Somon told Mr Brian that they will go back to him.
      
1561. In that same month (December) before Christmas, she travelled to Fiji and from Fiji she travelled to Indonesia. She stayed there for few days and then she travelled to India. When she went to India (New Delhi) she stayed at the same Hotel Crown Plaza. She remembered that she did some shopping in India. She bought a sewing machine and few other things for her house.
      
1562. She remembered at that tiem, Taibur also joined her in India. She remembered Taibur came to see her that there was a boy with him. His name was Atikur Rahman. He was from the same village as Nure Alam. At that time he came to see her because Nure Alam asked him to giver her a Holy Coran from Bangladesh. He gave it to her.
      
1563. Taibur told her that Atikul Rahman will be travelling to Vanuatu. From there, they travelled from the hotel to the airport. Then they took a flight. There was not only Atikul Rahman but there were also all the Bangladeshi travelling together with them. She did remember there was a Bangladeshi gentleman by the name of Ruhul Amin. They travelled and came to Singapore. They all stayed in the transit point. From Singapore, they travelled to Fiji and Fiji to Vanuatu. When they came to Vanuatu immigration, there were two counters. Before they came out, officers scanned them individually and they proceeded to customs. Then they came to the customs, the checked their luggages individually. She remembered one of the Bangladeshi gentlemen had dried fish from Bangladesh in his bag. The customs officer was not ready to give back the fish and told them that they needed a special permit to import this type of fish. He said he they wanted to take the fish back they have to pay a fine. She remembered she paid VT2,500 fine. He gave her a receipt. After she settled the payment, she came outside and she saw Somon and Tonyma waiting for her outside and from there Somon drove them to Pango. On or about end of December 2017, Somon told her that he took the ten (10) Bangladeshi gentlemen opposite Tana Russet Plaza for them to work.
      
1564. On 31 December 2017, Somon arranged a get together at Pango and Tassiriki. She did remember that in the morning, she went with him buying fire crackers (fireworks). There were foods prepared. After they had dinner at the night, Somon drove them at Tassiriki. There were Mito and two children together and it was almost 12:00am o’clock when they reached there. They all waited for 12 midnight and Somon together with some boys light the firewords.
      
1565. On or around January 2018, she contacted the Loly Enterprises. She remembered there was a man by the name of Jimca Loly. He assisted her and provided the quotation. The quotation included the work, the heavy duty to be done on the land opposite Tana Russet Plaza. Somon and Loly Enterprises came to an agreement. Somon agreed the prices that Loly Enterprises agreed and they started to level the ground.
      
1566. The same month (January 2018), she, Somon, Mito and the two children and Nure Alam moved to Elluck beside the Digicel Head Office. There were 4 bedrooms in that house. The first bedroom was close to the kitchen was occupied by her and Somon. The second bedroom was close to TV, was occupied by Nure Alam. The third bedroom was occupied by Mito and her daughter Tonuma. There was another room close to the office. Later on Somon and the boys extended another room. There were then 5 bedrooms. Nure Alam shifted in that bedroom (new room). There was this lady from Tanna, she continued to work for her at her house for one month. Then she stopped working.
      
1567. Then there was a man, named Roy looking after the property. Then she asked him if he could find a housegirl for her. He told her his wife is not working, she was free. She will be working for her. That day in the afternoon Roy and his wife came to see her but she was not at home. The next day, they both came to see her and she started to work for her. There was another man by the name of William, he used to be the gardener. He used to clean the swimming pool too.
      
1568. On February 2018, there were 10 Bangladesh gentlemen; she did still remember some of their names. They were Moinul Hasan, MD Shohel Rana (accountant), Masud Parvez, MD Nazrul Islam, and some others she did not remember their names, their visas were expired, that was on the 9^th February 2018. The immigration said in order to renew their visas; they will travel outside Vanuatu before they can change their visas. She remembered they all travelled to Fiji for one day. They came back to Vanautu the next day.
      
1569. When she came back, Somon and she were negociating with Caillard Kaddour, the Real Estates Company, over the property opposite Traverson Butchery, the former Mini-Games office. They were asked to wait by one of the representatives of Caillard Kaddour because at that time, the Finance Department of the Mini-Games of 2017 were still working. They told them to wait until March 2018. On March 2018, they came to an agreement with Caillard Kaddour and after that Somon and Bangladeshi peopled started to renovate and build inside that office.
      
1570. End of March 2018, she travelled to New Delhi India, but before that she found out that her visa was expired. At that time, she was travelling with Jet Airways, and they assisted her and travelled to Nepal and until her visa was renewed on the next day in the afternoon, she took a direct flight to New Delhi.
      
1571. When she reached to New Delhi, there was an aunty of her, the name is Salma Sultana. She was waiting for her in the Hotel with her husband. Few years ago she put a pace maker on her heart and she had had difficulties with heir pace maker. I went to assist her. She was there in New Delhi for 2 weeks.
      
1572. At that point when she was in India. During the first week when she was in India, Somon called her and informed her that Masud Parvez, our employee, his brother Muhammed Shahaded Hosen and his friend Saiful Islam will be travelling back with her when she will be travelling back to Vanuatu.
      
1573. That was in April 2018, when I was ready to travel back to Vanuatu unless she was at the airport, then she saw Taibur, he was with other Bangladeshi gentlemen and he was also travelling with them.
      
1574. He was in India when the Fiji Airways stopped. They informed her there was a cyclone in Fiji. It may be that the flight from Singapore to Fiji be delayed and also the flight from Fiji to Vanuatu. She asked them if there was any chance to change the ticket, they said no. If the tickets will be changed then there will be extra costs. The lady at Fiji airways told them. She could go at Singapore and from there she could see what she could.
      
1575. After she checked all her luggages, she proceeded to the customs. Officers checking her passports, her boarding pass, and her hand luggage. She was allowed to proceed to the immigration compound. When she was to the Immigration line. It was overloaded by passengers and she waited for her turn and proceeded to the counter. When she went to t eh counter, that Immigration Officer asked her where she was going to travel and what was her final destination was. He asked her passport and boarding pass and he asked her to use his thumb and he asked her to look at the camera. He stamped her passport and she was allowed to proceed to the boarding gate. After that they all boarded the flight from New Delhi to Singapore.
      
1576. When they reached Singpore. It was around 9.00 o’clock in the morning. But their tickets said that their next flight was around 4.00 PM to Fiji. Unfortunately it was delayed because of the cyclone in Fiji. They too the flight around 9.00 O’clock at night and after 11.00 hours flight from Singapore to Fiji they found out they missed the flight from Fiji to Vanuatu. The Fiji Airways took their tickets and told them once they found places for them they will inform them. From there, they asked them to book a hotel. They went to MAYA Hotel. They stayed there in that Hotel for 3 days. At the time they were using the Hotel Kitchen to cook their meals. After 3 days, on the 3^rd day, one of the Fiji Airways staff called her and told her he found seats on the flight Fiji to Vanuatu. They went to the airport. It was an afternoon flight. Those flights there were only her and the Bangladeshi gentlemen.
      
1577. When she reached in Vanuatu, after crossing the Immigration borders and the Customs and when she came outside, she could see Somon and Masud Parvez waiting. She went and said Hellow to Parvez and Somon dropped her to Elluk. But when she reached in Elluck she found out that one of my luggages went missing. She asked Somon to drive her again to the airport, when she went to the airport she started to inquire about her luggage and close to the arrival area, there was small customs office, she went there and she spoke to one of the customs officers then she could see her bag laying on the floor. She asked him why her bag was there. He said it was a rounding check. He asked her passport to identify and open her bag and started checking inside. Then he closed it and asked her to take it back.
      
1578. On or around May 2018, she made 21 applications for work permits. The 21 names of the workers were in the Public Prosecutor Exhibit. After acquiring relevant information for the 21 workers, she submitted the applications in the Labour Office. At first she paid 10,000 vatu for each worker. That was the application fees required by the Labour Office. She did remember the issue date or the day the work permit started or was valid which 21 May 2018 was.
      
1579. After the work permits were issued and given to one, when was informed by one of the Labour Officers that the work permit will be revoked because they did not meet the requirements of the Commission of Labour. At that time a letter was served on her. That letter stated that she has 14 days to appeal the decision of the Minister of Labour. At the time Mr Andrew Napuat was the Minister for Labour. Then she wrote a letter to the Minister of Internal Affairs. And when the Minister of Internal Affairs received that letter a person by the name of George Naunu called her and Somon. Former Political Advisor to the Minister of Internal Affairs met her and Somon. From there, he sked her and Somon to come to the Internal Affairs Office, and she and Somon went to that office.
      
1580. That day, in the Conference Room of Internal Affairs, there were Director of Immigration, Mr Jeffrey Macksen, the Director General of Internal Affairs, Ms Jerald Ala and others – could not remember their names. They had a meeting. From there around June 2018, the Minister of Internal Affairs, Mr Andrew Napuat, from his office he sent her a letter and he stated that he lifted up the revocation of working permit and stated that the 21 workers will start to work again but with the conditions that Mr Price employed local workers as well.
      
1581. The work permit expired on September 2018 few days before the expiration of the work permits, she wrote 21 applications for work permits.
      
1582. Round May 2018, they observed the month of Ramadan. They fasted for 30 days. Usually in the morning, she and Mr Somon would go to supermarket to buy relevant groceries to prepare for the meals. If she did not go with him he will take some of the Bangledeshi gentlemen to make the purchase. She still remembered from the month of Ramadan, Somon will always come with some of them to break the fast. She, Nure Alum and Mito would do the cooking to make sure the meals are prepared before the sunset. The Bangleshi people used to come by groups every day. She, Mito and Tonyma will occupy the table while Somon and others will occupy the mat on the floor. They would break their fast and they will pray. She did remember there was a boy named Mehedi Masan he would be leading the Pray while she and Mito will pray in a different room. Somon after they finished the prayer also known (as Magreeb prayer) and then Somon and the group will go to the Pango and would pray that is the night prayer. She will refer to the 3 sets of photographs – MFI (3). Those 3 pictures were taken at her house at Elluck and she ws the author of the 3 photographs. This was around the first week of June 2018. She applied for the 3 photographs to be tendered as an exhibit in her evidence. The 3 photographs were tendered as Exhibits D2 (4).
      
1583. When she and Somon moved to the house at Elluck, Nure Alam also moved with them. Another person also by the name of Ruhul Amin moved with them by January 2018. Ruhul Amin stayed together in the room with Nure Alam. It was next to the TV room.
      
1584. In April 2018, when she returned back to India, she was in her room when Mito’s daughter, Tasfea, came to see her and told her “Apu I want to say something”. Tasfea was the same girl called Tonyma. Her family name is Rahman. When she asked her what she wanted to say, she started crying and she told her that Ruhul Amin acted indecently with her while she was not in Vanuatu. She asked her where were Mito and Somon at the time? She told her that Somon was at work and Mito was in her room. She took her to Mito’s room. She told Mito of what happened. She asked Mito if she knew of this. Mito said she did not know. She talked to Ruhul Amin and he told her not to say anything to Somon. He asked for forgiveness for Mito. Later on this was revealed to Somon and Somon asked him to go.
      
1585. There were two house girls who cleaned the house. In the weekend she and Mito cleaned the house. She did recall also there were Bangladeshi gentlemen who came to her house for different things and also they used to come to eat. Something she could hear them talking to Somon because her room was near the kitchen. She did recall when Somon was injured and his hand was in bandage, two Bangladeshi came to her house. Ashraful Alam and shobbus (he was in the court today). She remembered both came and she cooked and they ate that day. She did remember they both came to see Somon that day.
      
1586. On or around June 2018, she travelled to Australia, Sydney after she suffered four miscarriages. The treatment and medicines that she was taking were not helping her. She visited a doctor in Sydney, she received treatment and medicines.
      
1587. She has a bank account in the Commonwealth Bank of Australia. She used to withdrawn money from that bank account and also the Western Union had opened an account for her which later she used and sent money to Vanuatu.
      
1588. She had reasons to visit Australia. The first reason was she has purchased windows and Fibreglasses for the small shops opposite Tana Russet Plaza. This was in October 2018. The second reason was she had a meeting with the representative of Dunlop Foams for the purchase of quality foams to manufacture furniture. Her last reason to visit Australia was in October 2018 before Shahine and his friends escaped.
      
1589. On or July 2018, when the renovation of the building opposite Traverso Boucherie were finished, she started to work in that office. In the building, upstairs, there were 3 rooms. The first room was the Director’s room, the second was the staffs’ room and the third room was the conference eroom. There as also a big space where all the furniture were placed. On the ground floor, there were two toilets, a big storage room and another big area with shelves. There was a kitchen room attached to the storage room. The storage room was used later when the first container arrived to stock the other products inside. In the kitchen, there was a fridge, a small shelve, a table with some chairs and a kitchen basin. On that shelve there were things like, tea, coffee, sugar, milo and all the stuffs were available to the staff who use to work in the office.
      
1590. When she started to work in the office at that time she had spoken to Biran Stevens to look for a capable woman to work with her in the office as the general manager. At that tiem, he told her that he has a niece, Natacha and later on she went to work for VNPF and never work for her. Then Mr Brian told her that there is a lady, it was Brian’s sister, and it was Florence Toka. Florence Toka came to see her in the office. At the time she spoke with her and she started to work. So Florence and her used to occupy the Director’s room and in the staff room, there were Kamrul Hasan, MD Shohel Rana (Accountant) and Harun Rashid. There was another guy everyone used to call him “Parag”. She used to see him in the staff room. She started to work from 8:15am to 4:30pm or 5:00pm. When she used to go to the office, the office would be already opened. She saw Moinul Hassan waiting there. She used to work until 11:30am to 12:00pm and after that she will resume 1:00pm or 1:30pm. Between those times, she will see one of the Bangladeshi gentlemen will come with the food of the staff. During the lunch time, she will see some pray during the lunch time and if she was in the kitchen, she will see them taking their lunch, only three of them, Kamrul, Shohel and Harun and somtime Parag. Sometime if she has any meeting, she and Florence used to go to these meetings. She and Florence used to buy food outside. They would come back to the office and have their lunch in the office and they will call some of them to come and eat. When she used to finish at 4:30pm her and Florence will finish and go at the same time.
      
1591. On or around June 2017, she opted for First Digicel Wifi Package. It was placed in Tassiriki house. The second package she opted was Pango house. The router was placed at House No. 1. Then after that she tried to have another Digicel package for Norpow Point but Digicel informed her that it was too far. It might not work properly. When she moved and started working at the office, she opted for another package (Digicel) and it was put in the staff room. Because it was too far from the Director’s room. They could not get it so she and Florence went to TVL. When she went there and took a business package after she signed a contract with TVL. The representative of TVL at that time was a Mauritius. His name Barlene. It was placed in the Director’s room.
      
1592. When Mr Somon signed a contract with LG Hooker for the property at George Pompidou, then she singed another contract with TVL and opted for TVL package and it was placed in the middle of the property.
      
1593. On or August 2018, it was the festival of eid – ul – Adhar, she remembered that day that Somon told her in the morning that the Bangladeshi people are going to slaught a cow. Later on that eveing, she, Somon, Mito and the two children went to Norpow to have dinner. Nabilah said she had some digicel invoices: Invoice 1 – 1 March 2018; Invoice 2 – 1 April 2018; Invoice 3 – 1 May 2018; Invoice 4 – 1 June 2018; Invoice 5 – 1 July 2018; Invoice 6 – 1 August 2018; Invoice 7 – 1 September 2018; Invoice 8 – 1 October 2018.
      
1594. She wanted to tender these invoices as part of her evidence. The Public Prosecutor informed that the prosecution did not have a complete set of these invoices. The Digicel invoices were marked for identification as MFI D2 (5). She also had TVL contracts but only contract 1 dated 15 November 2018 was tendered as Exhibit D2(6). Around June 2018 the Tassiriki router was experiencing some technical problems, not working properly. After she was using TVL, she saw there was no issue with TVL; she signed a contract at Tassiriki.
      
1595. Before she was arrested, she did recall she used to see the Bangladeshi gentlemen around Port Vila, such as Au Bon Marché, these people who resided in Pango. She used to see them going to shops closed to their residence. They were going to Au Bon Marché No. 2. In October, 2018, she saw Shahine, his friend Kamrul Hasan Miah and his uncle Piku Mama also known as Farid Urdin. She used to see them walking from Pango to going toward Number 2. At least on one occasion she saw the three together; otherwise Shahine will be with his friend Kamrul Hasan Miah.
      
1596. She knew few of Bangladeshi gentlemen used to smoke cigarettes. She did recall that they bought their cigarettes from where they were staying. She did remember on one occasion, when she was in Fiji waiting for the flight, where tere weas a cyclone in Fiji. At that point she knew that they smoke cigaretts because Ashraful Alam asked her for box of cigaretts and she gave him a box of cigarette.
      
1597. On or around 22 September 2018, it was her birthday; she did still remember that Somon invited some of the Bangladeshi gentlemen. There was a meal prepared for the day.
      
1598. On or 4 October 2018, Noah (OS) turned 1 year. Somon invited all the Bangladeshi gentlemen. There were table set outside close to the swimming pool. Everyone had dinner then the baby Noah cut the cake. There was a dance session tht day. She had a photograph for that day. She wanted to show the court. Ti was taken on 5^th October 2018 at 12:36am. She took the photo. It was taken at Elluck at her house.
      
1599. On or around September 2018, she and Florence prepared an advertisement of recruiting cashiers and sales persons. She did remember with two (2) weeks, she had more than 250 applications. She did remember it was her and Florence who conducted all interviews.
      
1600. Toward the end of 2018 before she got arrested, she did recall that there was package that came from Bangaldesh through DHL and from what she recalled it was police uniforms. It was later released by the first political advisor of the Ministry, Mr George Naunun. After the uniform arrived in Vanuatu, there were a few police officers that came to the office. She still remembered one of them, Abiut Wilson. There was a presenation about the police uniform.
      
1601. And from there, Mr George Naunun decided to go and visit Bangladesh. There was some email exchanged. She thought there were two emails in relation to police uniform. She has those two emails with her. She wanted to show the ocurt: email 1 was from George Naunun to her, dated 6 July 2018 time: 3.30pm. Mr George Naunun asking her to show the samples of police uniforms to him. Email 2 was from her to Mr Naunun dated 6 July 218 time: 9:59am. The purpose she has attached a file of the police uniform and its accessories. She asked Mr Naunun to have a look and if he has query he could contact her. Emails number 1 and 2 are tendered by Nabilah as Exhibits D2 (7).
      
1602. On 19 October 2018, around 9 o’clock at night, she received call from Tassiriki that Somon was injured and was taken to hospital. He told her that his hand was injured with a wheel of a truck. Later on he was brought to Elluck.
      
1603. Nabilah was cross-examined by the Publc Prosecutor. She gave evidence to the following effect. She understood she will be asked questions on the sworn statement she filed on 27 April 2020. Her statement was of 182 paragraphs and of 25 pages. She will be asked first about a number of personal questions.
      
1604. She confirmed she was a member of Sunni Section of Muslim Faith. She confirmed she studies Muslim in Mauritius; she had school certificates and higher school certificate. She confirmed during her evidence, she explained to the court how she observed different Muslim rituals and feats. She was comfortable and happy that she was a faithful follower of Muslim Faith. She accepted that as a follower, she was obliged to follow the prescribed rules set in the Coran and other books. She was asked and she described the dress code set out in the Coran for a woman as, as dress with long sleeves up to the wrist and down to the feet. A scalf to cover the hair and the head and the neck.
      
1605. She was asked she admitted she did not follow these rules. It was said there were strick rules associating with people who were no “Mahram” which included categories of males who were related to her but prohibited for marrying her. “Mahram” also included her husband Somon. She accepted the suggestion to her that particular set of rules in the Holy Coran prohibits married women to socialize with other men in social situations such as dancing. She accepted also that sometimes it was the possibility of the husband to help her observed these rules. She accepted the suggestions that she was engage in dancing with other men and this came from prosecution witnesses.
      
1606. She agreed and accepted that through out her evidence in chief and this was also something Somon observed. She has been referred to some of the victims who have been brought to Vanuatu and some by her as Bangladeshi gentlemen. She was asked she heard the evidence from prosecution witnesses (all of them) by how Somon Sekdah her husband by his various conducts demeaned these people. She agreed and accepted she heard the evidence.
      
1607. She accepted she heard evidence how they were brought into Vanautu under false promises. She agreed and accepted she heard evidence they were given work that they were not competent to do and unsuited for them. She accepted she heard evidence they worked long hours and most of them did not receive their salaries.
      
1608. She accepted she heard evidence at the different accommodation her husband owned, the victims were provided little subsistence food.
      
1609. It was said some of them were assaulted, beaten up. Some were exposed to torture and were denied basic right of movement. She was asked that yes despite all these this has been done to them, she has used the expression “Bangladeshi gentlemen” to somehow lessen the gravity of ill-treatment afforded by her and her husband. She was asked what she has to say to that. She said your Lordship; she never gave promises to anyone. She never tortured anyone. She never assaulted anyone and she never mistreated anyone. This was what she has to say.
      
1610. She was asked and she accepted she was a director of Mr Price. She owned 30% shares of the company.
      
1611. It was suggested to her that all of these or most of them or some of them were done in the name of Mr Price and as accordingly as director of the company she was vicariously responsible. She answered no. she did not agree. She was asked if she understood what vicarious meant? She said no. It was suggested this way to her that the actions done in the name of the company she owns, she could be accountable by virtue of her position as a director. She then agreed and accepted she understood. She was asked by her so understanding the mearning of the word vicariously responsible; she said being the director or a shareholder of the company, which did not mean that she, has done all this. It was pointed to her that that was the purpose of the word vicarious. She might not have done all those, but she was responsible. She agreed she understood what the prosecution was trying to say. But she said she did not agree with the prosecution.
      
1612. It was said from various pieces of evidence she alluded in her evidence, observing people going out of office or going to buy cigarettes in the shop. She was asked those were observations done before the time of her arrest. Those observations it was suggested to her, revealed her understanding of these matters it was put to her by the prosecution that they were mistreated, restricted their freedoms to move around. This indicated that she was actually aware of how the victims were treated. She answered she did not agreed with the prosecution. This was not the truth.
      
1613. She was asked and she agreed and accepted that those descriptions of Shahine and his friends walking on the road and others walking to buy cigarettes, these observations were made to rebut the prosecution case that the victims were denied their freedome of movement.
      
1614. She was asked then at the times when she made these observations, she knew what they were complaining about? She said no. she said when she went to Au Bon Marché to make her shopping, and then she saw them. It was put to her another way that she must have seen many things the victims did during the first group of victims were brought to Vanuatu. She answered no, unless Somon took her there.
      
1615. She was then questioned yet she was able to describe the parties she put together, her birthday, Noah’s birthday and the religious feasts as well. So it was said, in these descriptions, there were very little descriptions of what individual victim did on those occasions apart from general descriptions. She agreed and accepted saying yes.
      
1616. She was asked, yet she was able to give specific evidence of where Shahine was and the victims going to buy cigarettes. She accepted saying what she had seen she told the court.
      
1617. She was asked that she was able to give specific details of what were material issues before the court but she was not able to give details of those occasions. She said what she had seen she told the court not more, not less.
      
1618. It was said that was not the answer to the question asked of her. She was asked to listen and answer the question. It was said she told the Court of the victims she said they went to the shop to buy cigarettes. She answered yes. She was asked if she remained outside and watched them. Did she ask them for her to reach that conclusion? She answered because she was going into the shop to buy her own cigarettes, she saw those buying cigarettes. She was asked this was the impression she gave to the court in evidence. Everytime a victim went into the shop, it was to buy cigarettes.
      
1619. She said no. She was asked also the assumption that Shahine and his friends from their won walking by Pango to Au Bon Marché. She said this was what she said in her evidence in chief.
      
1620. She was then challenged if she did tell the court they had sought the consent of supervisors before they did that? She answered as she earlier said Somon did not bring her there. It was said this was not the answer to the question. Did she check whether they obtain the consent or not? She said she did not know whether there was any supervisor or not. She was asked by that answer, she actually said she did not check. She said she did not agree with the Public Prosecutor.
      
1621. It was said to her that that answer did not make sense. On one way, she said she did not know there were supervisors or not. She accepted and admitted she never checked with them if prior consent was obtained from supervisors.
      
1622. And it was suggested to her, not having checked, she made blint assertion through her evidence that they are walking around freely. She said she did not know whether she made blent assertions or not but what she saw she told the court.
      
1623. She was asked about her relationship with Taibur. She agreed and accepted that Taibur was the person who was close to her and Somon. She was asked whether Taibur’s relationship with her and her husband was not in 2017 but before 2017. She said it was not for her. She did know Taibur since 2017. It was said that the prosecution will suggest otherwise. The prosecution will say that she and Somon treated Taibur as a member of the family. She said she did not know about Somon but she treated Taibur as a member of the family. She accepted she was asked by the police and she accepted she said she treated him as a member of her family.
      
1624. She accepted that the relationship was so close that Taibur regarded her as mother and called Somon father. She agreed and accepted that she heard the evidence of prosecution witnesses who said that when they saw Nabilah for the first time in the presence of Taibur, he would introduce Nabilah as his mother. It was suggested that if Taibur will regard Nabilah as his mother, he will regard Somon as his father. She answered she did not know about Somon but she treated Taibur as a member of her family. She agreed and accepted she heard prosecution witnesses’ evidence that Taibur said Somon was his father.
      
1625. She confirmed Taibur was the husband of Mito and they had two children. She agreed and accepted that according to her evidence she travelled to get Mito who was expecting a baby. She was asked why she got to get Mito. She said Somon asked her to. She was asked and she accepted and confirmed that that was the reasons she gave in her evidence in chief.
      
1626. It was suggested to her and she agreed and accepted that that was not the reason she gave when she swore her statement. She was asked to take a copy of her sworn statement dated 27 April 2020. She confirmed it was sworn under oaths. It was signed by her in the presence of a commissioner of oaths.
      
1627. She was invited to go to paragraph 17 second sentenceat page 3 of the sworn statement. She was invited to read the second sentence and she read it: “It was my decision to bring Tasfea and her mother here in Vanuatu because in Bangladesh her grandparents wanted to give her away to a boy and they even stopped her schooling”. She was asked that in her statement it was her decision not Somon’s decision to bring Tasfea and her mother into Vanuatu. She agreed and admitted it was her decision not Somon’s decision. In the same sentence, she was asked and she agreed and admitted she explained to the court the reason why she wanted to brint Tafea in Vanuatu. It was also suggested to her that that reason was never given in her evidence in chief. She admitted it was never given.
      
1628. It was suggested to her that there was a diversion in that there were two different occasions in the reasons Tasfea was brought in Vanuatu. The reasons why she said in her evidence in chief was that it was Somon who told her to go and bring Mito and her daughter (Tasfea) to Vanuatu. It was to support Somon’s version about his relationsip with Mito. In her evidence in chief, she changed because she heard Somon’s evidence and she wanted to support his version. She answered she would not know anything of this until Somon told her and she took her decision to bring them here. She agreed and accepted that her decision to bring them was on the need to protect Tasfea but not for Somon to commence a relationship with Mito.
      
1629. She did remember how she described her confrontations of what she said Ruhul Amin did. She accepted that before Tasfea explained to her what happened to her (Tasfea), she called her using the term “Apu” to her. She accepted that “Apu” was a Bangla word and some Asian countries to denote a kind assistedly. She accepted it was not used by someone when addressing someone as a mother. She was asked it could be used by two persons who regarded each as sisters and also a young person addressing a grandmother. She said she did not know about that. It was suggested to her that Tasfea understood Taibur was his son so that was why she called her grandmother. She answered she did not agree with the context.
      
1630. She was then taken to the complaint against Ruhul Amin. She told the court and similarly Somon had done that about the reason why Ruhul Amin was confronted and later on leave the residence at Elluck. She said yes. She agreed and accepted she heard Ruhul Amin in this in Nabilah’s cross-examination of his on this.
      
1631. Nabilah was asked if it could be suggested to her the real reason why Ruhul was confronted and evicted from the residence was for a totally different reason. It was suggested to her that the real reason was that Ruhul Amin became aware of Somon Sekdah’s approaches to Mito. That she was aware of what was happening in the house and that Nabilah was not aware as she was most often away. And that Ruhul Amin, at one point, had attempted to connect Tasfea with her father Taibur and Ruhul Amin was hoping Mito with Tasfea. She was asked what she has to say.
      
1632. Nabilah started and was crying. The trial adjourned to 6:00pm. The same question was asked again. Nabilah answered that she agreed that Ruhul was evicted from the house for the reason she was told. This was the reason she knew. The reason the Public Prosecutor was telling her she was not aware of that. She was asked and she agreed and accepted that she said she was not aware of and that could possibly be the reason but unknown to her.
      
1633. She was asked she agreed she understood the suggestion put to her that because she said yes that the prosecution’s evidence was Ruhul Amin was aware of too much of Somon wanting to establish a relationship with Mito and so as he knew too much and because of his he had to be removed. It was said it was not only what Ruhul Amin observed in the house particularly during Nabilah’s absence but sometimes when Nabilah was there, but how Ruhul Amin attempted to connect Taibur with her father which was discovered. Nabilah answered she understood but she was not aware of this. It was also suggested that there were pressures put on Mito to discontinue her relationsi with her husband. Nabilah said she understood. She was told that her husband cheated on her that she has to leave her husband.
      
1634. She was taken to another point. She accepted that Vicky did not work on public holidays or on weekends.
      
1635. She was taken to her evidence related to her trips overseas. She agreed that in her evidence in chief, she talked about four (4) overseas trips. She will be taken through them individually. The first was her travel to Myanmar, she agreed after Somon informed her that Mito and Tasfea were waiting for her. In her evidence as well, she agreed she told the court as well as to how she met with Taibur in Myanmar and how she was introduced to 3 victims at Myanmar. She agreed and accepted that this was 17 April 2017. She arrived in Port Vila, Vanuatu on 25 June 2017. She agreed and accepted that when she came back to Port Vila, she not only has Mito and Tasfea with her but also those 3 Bangladeshi. There were Aslam Hosan, Nure Alam and Moinul Hasan.
      
1636. She was asked and she accepted that her second trip overseas she said she flew to India for an appointment at Napal Hospital. That she had an appointment with a specialist doctor (geneacologist). She accepted that it was when she was in India that she was informed that a group of people from Bangladesh will travel to Vanuatu. She accepted in her evidence in chief, she said this was around November 2017. She accepted that she and the group arrived back in Vanuatu on 9 November 2017.
      
1637. The third trip was before Christmas 2017 and in evidence in chief she agreed and accepted she travelled to Indonesia and India. In India, she agreed Taibur met her and informed her that Artikul Rahman will be travelling with her. But she agreed and accepted that in fact it was not only Antikul who travelled with her but there were a total of 21 people travelling with her. It was suggested to her that she and that group arrived in Vanuatu on 31 December 2017. She agreed and accepted they arrived before the New Year. She agreed and accepted also that the group that arrived in Port Vila on 9 November, there were 15 of them that came with her. She further agreed and accepted that with the group coming from India, and arrived with her on 28 December 2017 she said she did some shopping in India.
      
1638. The fourth trip, she said she travelled at the end of March 2018 to India, after her visa had been renewed, she stayed in India and met her auntie with her husband and she was from South Africa and she was living in South Africa for a very long time. She accepted the suggestion that this fourth group arrived back in Port Vila on 14 April 2018. She accepted that when she was in India with her aunty, Somon called her and informed her of Parvez’ brother to travel with her back to Vanuatu. She accepted that at New Delhi airport, she said she met with Taibur who informed her that there were a group of Bangladeshi who were going to travel with her in Vanuatu.
      
1639. She accepted that the group of people of 14 April 2018 were 15 pluz Nabilah herself which was a total of 16. She was asked and she agreed and accepted that this was the first trip she made in Port Vila arriving at 20^th April 2017 with Somon and others. Nabilah did not mention this in her evidence in chief. She also accepted that the three that accompanied him were Musharaf, Shohag and Palas on 20 April 2017.
      
1640. She was shown Exhibit P8 she was asked if she could confirm the names of these who accompanied her during these trips could be found in these documents. She agreed, accepted and admitted. She was asked that although the dates were not all there, she accepted and admitted she came with group 1. She admitted she came with group 2. She admitted she came with group 4. She admitted she came with group 5 and she admitted she came with group 6. She accepted a total of 58 people came with her on these trips but she did not count.
      
1641. She was taken back to her evidence including her sworn statement in which she stated she was Mauritius and she attended Islamic college. She did a course in travelling and tourism.
      
1642. She was referred back to the fourth trip to New Delhi she took she was asked whether it was her decision to make these trips or Somon’s decision to make those trips? She answered it was always Somon who would ask her to go these trips.
      
1643. She was asked and she accepted that whilst some of these trips were of her personal needs like she has said, she also understood that Somon would want her to bring people to Vanautu.
      
1644. She was asked and she admitted that from that answer she gave that Soon was using her to do those things that he should not have been doing himself. And she addred there was another reason also.
      
1645. She was asked if she remembered the questions she was asked about Muslims prescriptions and rules regarding travel of a woman with other men. It was suggested to her that a Muslim woman could only travel one day and one night on her won but beyond that she could not unless accompanied by a mahran (husband or male relative). It was the duty of a mahran to protect her not to expose her. She agreed and accepted that. Here, she accepted and admitted that her husband for his purposes directed her to accompany those men in places he met them in India to Vanuatu.
      
1646. She was asked she said no; she was not comfortable in doing this. She would always oppose. She was then questioned so when she refused why she went? She answered in anyway, Somon would make her understand to send her either by talking or physically or aggressively. She said he would talk to her and if she refused, they would fight and he would tell her they did this for her own interest and for his own benefit. She was asked what form the fight would take. And if she could explain what she meant by aggressive? She answered that obviously he would beat her. This happened at a lot of time at Elluck. Even Vicky was aware of tha. Somon would beat her so much that she would not be able to stand on her feet. He even beat her in the office. She was taken at home. Mito was aware of everything but she never helped her.
      
1647. She could not attempt to seek help. He has tried her best to go back. Even her mother and big sister came up to South Africa to take her back. But she was now free. She was asked and she accepted that this was happening before she came to Vanuatu. She explained that when her mother knew that Somon was beating her up, she asked Somon that she wanted to see her and wanted to bring her back to Mauritius. She said Somon said no she could come see her here in South Africa. When her mother came, she was only allowed for 3 days to see her after that she was asked to go back.
      
1648. She was taken back to Port Vila she said she was sometimes beaten up and she could not stand up. She was asked to describe what Somon did to her that causes her to have difficulty standing. She said he will start in the office. He took her back home. On the way home he bounced her on her face. Whe he brought her home he locked the door. He started to slap her on her face. When she wanted to go to the toitlet, he pulled her on her hair; he banged her head of the basin. She sustained injuries. She said that was two weeks before Noah’s birthday. After that she said she knew that Somon and Mito fight each others that were why Somon got his frustrations on her.
      
1649. She admitted it was difficult to manage her injuries. If she would cry he would beat her more. She added that it happened many times. Ti happened in the office, in the house. It happens everyday. She could not do anything but always smile. She said she did not have anyway to go back. They were married for 6 years. Somo nforced her to do his work only doing his work.
      
1650. She said she was unable to go back to her parents at Mauritius, because Somon knew very well how to talk to someone. He knew how to manipulate someone. How to wash someone’s brain. She said she tried to go back home but Somon put before her the small baby and said how she could go? What about the baby? She said the two Mito and Somon will always blackmailing her. If she said she was going to her parents, he will say why she will go back to her parents, they were very poor. He will take care of her.
      
1651. After a short adjournment as Nabilah was crying, the trial resumed and it was said that before we rose for break up Nabilah raised a number of things. The first was what she said Somon said about her parents, the court heard that. She understood.
      
1652. She was then asked that she said that Somon disrespected her. He was asked to explain how? She answered he did not have the manner to talk. Every discussions he had one attitude and every conversations he would give threats by saying if she did not do this, he will do this to her. She was asked to explain what he said he will do to her. She said Somon has nothing to say apart from using his hands. He will beat her.
      
1653. It was said apart from Mito, she did not help Nabilah, and she was asked if Vicky tried to help her? She said no one could help her. She tried to call the police. Somon smashed the phone from her hands. She was asked if she tried to seek help from anyone else. She answered her father and mother sought help from Foreign Affairs but that was a very long process. She said she could not seek help from anyone in Port Vila; otherwise, he would beat her up. She was not allowed to talk to anyone not even Nure Alam.
      
1654. As to how Somon enforced that he could not speak to anyone, she said if she was talking to Nure Alam and if Somon would see he would say why she talked to him. What was she talking about with him? Somon would not allow her to interact with anyone outside the office or home.
      
1655. She was asked if those limitations extended to her freedom of movement. She answered this way. She was not allowed to go anywhere unless Somon was with her. Even though Florence invited her to drink kava Somon would say no. she was not authorised to interact with people outside.
      
1656. She was asked to go back to her earlier evidence when she was shown the little baby and she called it blackmail. She was asked what she understood by Somon’s intention when he showed her the little baby. She answered that because she could not conceive a baby so when that baby was born, Somon told her to look after the baby and then whatever things happened, he will tell her to thing first about the baby, otherwise he was using the baby like a material to blackmail her.
      
1657. She was asked that she also mentioned Mito’s name whether she could explain how Mito was involved. She said Mito was literally involved in everything that happening in the house. She knew every dirty transactions of Somon. She respected her as a sister. She let her stayed in her house; in return, she took her husband and slep with. She did everything she could for the two children (Tasfea and Noah). She knew everything of Somon and Mito. She knew that they were together. She did not say anything because she did not have any baby of her own. But she has her hands only on Noah.
      
1658. She was asked she accepted she felt she was unfairly penalised because she did not have a baby.
      
1659. She was asked what she meant by dirty transactions that Mito was aware of. She said it was all about the meetinds, the recruitments of people and how to bring them in Vanuatu.
      
1660. She was reminded whether Nabilah or Somon said how she described the benefit of having Mito here. Now with her revelations in that night, the ocurt heard for the first time, how did she feel about Somon’s explanation as his only wife? Nabilah said she felt useless eventhough she did all the works. He was unhappy with her.
      
1661. She was referred to her evidence when she said she did work, she was driven or compelled to do this. She answered that she was escorting people to Vanuatu; she was sending money to Vanuatu. This was the position she was given by Somon. She was the escorter. She was a faithful Muslim follower back in her country wearing the Muslim dress and praying five times in a day. But Somon came and changed everything about her. What happened to the dress code now? He told me, he wanted to see me in t-shirt, shoes and gins. My father was very unhappy about that.
      
1662. She was asked that when he sent her to India, did he express resrvations to the risks she was exposing herself to. She answered no. He cared about all the people that she was escorting must reach Vanuatu. He did not care about her. He used her to do all these escorts because her passport as no one will suspect anything that she was doing. He was hoping to get a Mauritius passport this year (2020).
      
1663. She was asked as to how he was going to get Mauritius passport. She explained that when a foreigner married a Mauritian and exactly after 6 years he go got a Mauritius passport. She said Somon would never get a passport because he was on the black list of Mauritius.
      
1664. Blacklist, which was the reference that was made by a police officer in this trial concerning the investigation made by a Mauritius police. She agreed and admitted saying yes.
      
1665. She was asked that she described how Somon assaulted her, how he placed restrictions on her, how could she describe Somon’s temper? She said he got angry very quickly. The only way to stay with him properly was not to ask so many questions; otherwise she will get a slap on the face unexpected.
      
1666. From what she told the court, she was asked whether Somon was a violent man. She answered yes. He would be so angry sometimes. He would not allow her to talk to her mother and father and if he would caught her he would say stop otherwise she will see consequences. What she understood by consequences that he would assault her.
      
1667. She was then asked to cast her mind to the evidence of the victims. How they described Somon’s conduct and behaviour towards them in that, he tortured them, he beated them, he threatened them, he restained them and he imposed the same restraints she had described in court the present night [she was not asked if they were true, that was the role of the court] but she was asked whether they were similar.
      
1668. She was no surprised when she heard all these evidence. She was still experiencing it until the police put her into the custody. Even though she was in jail, she was a free woman and she was happy.
      
1669. It was said they talked about Mito’s impact on her family life. She was asked if she remembered when Somon gave evidence he talked about online marriage ceremony. She will recall he named her and Palas to be his witnesses. Nabilah said yes she remembered. She was asked if she was able to say anything. She said she thought she was not here. She was in Australia. She thoruth this was just a piece of paper to hide their dirty relationships.
      
1670. It was said that everyone in court also observed his reactions that night when Somon named her as a witness. Was she able to confirm she was not a witness? She said not her and not even Palas. She was asked when Somon said she and Palas were his witnesses, he was lying? She said yes. And today she said Somon wanted her to lie to this court to save his life.
      
1671. She was asked that did he want her to do. She answered he wrote few things on the paper and asked her when the Public Prosecutor asked her questions and on her way back to the jail, she asked the Correctional Officers that when they were coming back at 6:00pm to drop her first here (courtroom alone), otherwise Somon will pressurise her.
      
1672. She was asked if she saw what he wrote in the piece of paper. She said no. she was asked if it was in his own handwriting. She answered no. She was asked as to who wrote that? She said she did not know. She was asked if that piece of paper that he wrote and gave her to use in response to the Public Prosecutor’s question. She said it was not only a piece of paper. There were lots of papers scrambled together.
      
1673. She was asked if she knew what those papers said. She said to tell the Court that his hand was broken and otherwise everything in the paper was to save his life. She was asked and she said apart from the broken hand, what else aobut supervisors? She said she did not see the papers.
      
1674. The Public Prosecutor invited Nabilah to pick up the papers and she agreed. The papers were of 7 pages.
      
1675. She was asked if she could recognise his own handwriting. She said no. but she recognised that his was Somon’s language. She confirmed that things contained in the 7 pages were the things he wanted her to say. She was asked and she confirmed that these particular documents were given to her by Somon Sekdah. She gave the papers back to him. He forced her to take them back. He told him she had her own notes. He told her no. they needed to use these notes.
      
1676. The Public Prosecutor applied for the document to be tendered through Nabilah. Nabilah agreed. The documents were tendered as Exhibit P47.
      

Note in the interest of Justice and fairness in the process of trial on 07/03/20 in the afternoon.



1677. It was noted and all parties involved in the trial agreed that in the interest of justice and fairness, the evidence was then evolved since that afternoon. How it was clearly given rise to a situation where Nabilah and Somon could no longer be regarded as having same case or interests. There was clearly a conflict of interest between the two of them. In the light of that, the court would like to hear from them. The question arose whether it was prudent for them to sit at the same table, given the evidence she was giving describing Somon’s temperament. They were directed to sit seperately in different parts of the Bar Table with security provided to Nabilah in the courtroom and compound. There was also an aspect of the representatives. Nabilah shall be and was free to give her evidence.
      
1678. Nabilah’s evidence under cross-examination by the Public Prosecutor continued as to when or where they were left the day before about her relationship with Somon. Exhibit P47 was the list of documents (handwritten documents). That was the document handed to her by Somon. She conifmed saying yes. It was given to her on Saturday. She confirmed the document was given to her by Somon. She said she was reluctant to accept it. He insisted and ultimately she accepted it. She confirmed it was handwritten.
      
1679. She agreed that the last page suggested there were 47 instructions all together. It was wrong. It was 54 in total (47 + 7 containing instrucitons in the first page). She agreed that those are instructions to her Somon expected her included in her evidence in chief and cross-examination. She was asked she agreed and confirmed that she was uncertain about the handwriting but she was sure of the language used by Mr Somon.
      
1680. She agreed she was given accounts about her relationship with Somon. She was asked to go to 38 (as numbered). It said “make clear of who Somon is as a husband to you”. ... and I take you to instruction 46 “must make clear that as your husband Somon you never saw him anry about anyone or doing anything bad to anyone; make sure you make clear of that”.
      
1681. She confirmed that he was emphasizing that she made clear for that to the court.
      
1682. She gave the court an account. The state of her relationship with Somon. It was suggested to her what was given to her in instructions 38 and 46 purported to give a different account of what she gave the court the day before (yesterday). She agreed and accepted.
      
1683. She was asked to come back to 38 – 46 which told her to tell the court he was never angry with her or anyone else nor he did anything bad to her or to anyone else. She answered yes. She agreed and accepted a further instruction that they did not reflect the truth of her relationship with Somon.
      
1684. She was then invited to tell the court what was the truth vis a via the two things that he wanted her to mention specifically, this related to his anger or absence of anger with her and that he never did anything bad to her? She answered that for 6 years he has treated her like a rubbish bin. He married her not because he loved her. He married her to do his work. He used to get so angry sometimes that he will break everything and he will beat her also. Whatever he found he will beat her with that. On the smallest mistake that a person made he will have to the consequences. He used to swear on her. This was almost everyday. Even in front of strangers he would mistreated her. It was not only to her but to other as well he will do the same. Even if she was talking to someone and even though she was happy to talk to someone he will not allow this to happen. If he would see her talking to her mother on the phone, he will not allow her. He will also swear at her.
      
1685. She was invited to clarify a number of things she said he used to break everything. What she meant? She answered where he would be standing and fighting with her he would find things around him there and he would break. She was asked as to what the things he had broken on occasion? She said he would break mobile phones, drinking glasses. He broke the mobile phone because he was talking to another woman and he did not want her to see who he was talking to. He even broke his belt to beat her with. She remembered, she sustained injuries that day on her back. After that he tried to cut her neck to finish her life.
      
1686. She was asked about swears directed at her. How regular was that, she was asked? She said it was everyday until last week. She had never heard before in her life. She was also asked she said mistreatments including when she was in front of strangers she said yes.
      
1687. She was asked as to what he did on those occasions. She said he will shout at her. That happened on many occasions in the office in front of the victims. That day he brought her into the conference room and he assaulted her.
      
1688. She was asked she mentioned certain things happening in the office, was it discretely? She said Florence knew few things to some extent like Mito and Somon’s relationship and Florence even told her that when Nabilah went away to Australia, Somon used to take Mito alone in the truck everywhere.
      
1689. She was asked if Florence aware of the mistreatment Somon made to her (Nabilah). She said she knew Florence knew everything. That was why she was against Somon. She was reluctant to give evidence in support of Somon in this court.
      
1690. She was referred to instructions 46 and she was asked what Somon wanted to tell the court bearing in mind what she has just said now? She said he wanted her to paint a different picture of their so-called relationship of course with all lies.
      
1691. It was said that the end part of instruction 46 they will come back to it. She was taken back to instruction 38. It seemed to suggest to the court as to who Somon was to her as her husband. She agreed.
      
1692. It was said in relation to instruction to her how Somon was as a husband to her? She said he was actually not a husband to her. He was actually the type of person who will do anything for his own benefit.
      
1693. On the second aspect of instruction 46, she was asked if she never saw him angry or did anything bad to her or anyone, so what she actually saw. She was asked whether 46 instructed her to say that he did not do anything bad to anyone. She said she agreed that 46 instructed her to say he did not do anything bad to anyone.
      
1694. She was then drawn to one particular incident because she was invited to comment. On 26 September 2018, she and Somon and others went to the airport to pick up a groupd of Bangladeshi who had just arrived. She agreed saying yes.
      
1695. After they had arrived, they returned to Elluck in a car driven by Somon in which she, Tasfea, Himbrahim, Shahine and Kamrul were all in. She agreed saying yes. She agreed she heard the evidence Shahine gave in this court. She accepted that it was her that intervened that it was not appropriate to do so in front of a little child.
      
1696. Shahine’s testimony was that he was sandwished, sitting between Kamrul and Himbrahim. As soon as he got into that car Imbrahim started to assault Shahine. She agreed and said yes. She was asked and she confirmed she saw this happening. She agreed and confirmed that that was why she reacted the way she mentioned.
      
1697. It was said that that was just one incident the prosecution wanted to use as an illustration. She was asked whether there was any other time she saw Somon doing anything bad to anyone else. She said in August 2018, there was a boy, named Ruhul Amin. He told her that Somon had beaten up some Bangladeshi in Pango. She remembered that day when Somon came home, he came home with a broken shoe which later on was thrown away by Mito. She was asked if she could remember what kind of shoe. She said it was a blue colour shoe.
      
1698. She was asked if both pairs broken or just one. She said only one shoe was broken. She said when she asked him why his shoe was broken; he told her the shoe was not of good quality.
      
1699. She was taken with couple of more instructions. Instructions 31 and 34. They will start with 31: “make clear of our normal life and how everyone respecting for me, make clear of our normal life”. There were two parts of this. The first part was about “our normal life”. She clarified this was her life a normal relationship? She said no. it was a disaster. She said may be he was talking about his relationship with Mito but not with her.
      
1700. She was asked about the second part, he wanted her to tell the court how everyone respected him. Did everyone respect Somon? She said they never respected him of their own will. They respected him out of fear of getting beaten up.
      
1701. She was asked and she agreed that she said that any respect shown to Somon was not given freely nor voluntarily but out of fear. She agreed and accepted that if she has done or said what he wanted or instructed her to tell the court she would lie. She added that he told her to tell all this to court to save his life.
      
1702. She was taken to instruction 31: “should be make clear about the close relationship with the Bangladeshi with Somon”. From this Somon was suggesting he had a close relationship with Bangladeshi people? She said yes this was what he was trying to say here. She was asked from the evidence she had heard from prosecution witnesses and what she observed, she was asked Somon has a close relationship with Bangladeshi. She said only with his close associates not with everyone. She agreed and accepted that what he was trying to get her say was that he was in close relationship with everyone.
      
1703. She agreed and accepted that he wanted her to lie to the court through these instructions 34. She added that this was what he has been doing since the start of this trial. She was asked what was Somon being doing when she said “doing since the start of this trial”? She said manipulating her in every way during the cross-examination of the victims. He never allowed her to have a lawyer for her because he could use her to provide lies or to tell lies in the court. He still wanted to use her until yesterday when she revealed everything to this court.
      
1704. Nabilah was asked how he manipulated her other than what she mentioned already. She said the manipulation of all defence witnesses. He decided what defence witnesses have to say. He was manipulating her sworn statements. Her sworn statement was only what he told her to do. She was asked she mentioned, he determined what defences will say was what Somon decided what they will say were reflected in the sworn statements. She agreed, accepted and admitted. She said the court previously saw this when Somon’s witnesses came to this court. She was referred to one particular defence witness who admitted how Somon has an influence on him when he was writing his statement and that he had been visited by Somon and a correctional officer? She said yes. It was Melterongrong Placide who was a former teacher.
      
1705. From her understanding and knowledge, she was if there were any other defence witnesses who were visisted and spoken. She agreed and admitted saying yes. She remembered Wilco Hardware worker, Musa Gideon, and old friend of Somon. It was said that her evidence last night and again today, was now informing the court about Somon. She said yes. She said she waited for 2 years to tell all these.
      
1706. She was asked and she agreed that from the exercise this morning her answers conveyed was that Somon was a manipulative, untruthful and dishonest person.
      
1707. It was said this was just one aspect. The other aspects were not touched on. On the strength of that answer, how much of Somon was the true background that she knew? She said she did not know anything about him until she found in this court. But she knew he has his family in Bangladesh and his big brother Kamrul.
      
1708. She was shown Exh. P4. She was asked to turn to first page. She was referred to photograph C. in her earlier evidence she referred to Kamrul as the big brother of Somon. She was asked if she agreed he was the one shown in the middle of the two (2) persons shown in photograph C, she agreed. She confirmed that he was the person referred to in this trial as Kamrul Sekdah. During the cross-examination of Somon he is also referred to as Kamruzzaman (shorter form of Kamrul). She was asked if she could confirm that he had in fact visited Vanuatu previously. She answered yes, at least on 2 occasions. She agreed that Kamrul Sekdah stayed in the same house as her and Somon on both occasions.
      
1709. She agreed she has been able to tell the court this morning that they were brothers because Somon has told her that. She said yes and Kamrul also has told her that. She remembered when she first knew Kamrul Sekdah was in 2016, when they started to communicate with his family. Kamrul Sekdah told her has three brothers in Bangladesh. She has the photocopies of passports of his three brothers. But she said she met only Kamruzzaman.
      
1710. She was asked she remembered the Public Prosecutor challenged Somon about his three brothers in Bangladesh in the cross-examination. Somon denied that. She said she remembered. I believe the court has the record, they were Kamruzzaman (Kamrul), Asaduzzaman Babu and Mehedi Hassan Moni. Those are the names of Somon’s brothers the Public Prosecutor challenged him over and he denied. She said yes she remembered. She was asked and she agreed and accepted she was able to confirm these names resssemble the names in the passports she has.
      
1711. It was said the Public Prosecutor also suggested to Somon that he had a sister and he also denied. She was asked, from information she gathered, was she able to tell the court that Somon had a sister? Nabilah said yes, he had a sister. She said her name was Runia. The son of her sister his name was Sadiq – Ur – Rahman and she did also have a photocopy of his passport and he was an engineer in the wielding company in Bangladesh. Somon had another sister also. Her name was Maqsooda; she lives in Tangai (District), Bangladesh. She was asked whether Maqsooda was the one looking after Somon’s mother. She said no. it was Asaduzzaman’s wife, Bana who was looking after Somon’s mother. Somon’s mother name is Nurjahan.
      
1712. His mother was the only surviving parent, she was asked? She said what he told her was that he does not have a father. The Public Prosecutor said he confronted Somon about his real name. She remembered when the Public Prosecutor was doing that. It was said it was put to Somon that his real name was not Somon Sekdah that he was using in Vanuatu but Numanuzzaman (Numan). She was asked if she was aware of that. She said no. She was asked, she agreed and accepted that Somon has effectively denied the existence of his brothers, his sisters and his mother who still live and are well in Bangladesh, correct?
      
1713. She agreed and accepted that in doing so, Somon was lying of his family back in Bangladesh. Nabilah agreed to the suggestion that in relation to his real name, given those lies, Somon may not disclose his full name or identity. She added that until she found out through the court. So although, she did not know his real name was Numanuzzaman. It was possible. She agreed because it matched his brother’s name. So she agreed that what Somon had said about how he was born in Zimbabwe were complete lies. This was also discovered by the Mauritius police who reported to her father.
      
1714. She was asked as to what they found out. She said they found out that in fact Somon was a Bangladeshi, through Nabilah’s father’s friend and his name was Masud Bhuiyal so despite the prosecution’s assertions, she has heard him constantly claimed he was a lawful holder of Zimbabwean passport, she agreed. She agreed she had seen his Zimbabwean passport many times. She was shown a photocopy of Mr Somon’s Zimbabwean passport, provided by the police. She was asked if she confirmed this passport No. DN781840. This was his passport number, she said. She agreed the surname on that passport was Sekdar. The other name was Somon. The nationality was Zimbabwean. She agreed the date of birth was 12 January 1983. The place of birth was Harare. She was asked that and she agreed he was never born in Harare. He was born in Tangail, Ghatail (police station), and Bangladesh. His village was Atharo Dhana and he denied. She did not know. He told her he was from Tangail. The last question was about Somon’s place. She gave details of where he comes from. She was asked that if the prosecution’s information was true and what Nabilah said was true, that information did not accord with the details in this passport (Zimbabwean’s). She agreed she has heard the evidence of quite a number of prosecution witnesses about how false documents were presented to India Embassy at Dakha in order to obtain the Indian visas.
      
1715. She agreed that in most cases, the processes and provisions of these false documents were undertaken by Kamrul Sekdah, Somon’s brother. She was asked that with that in mind, what she would say if it was suggested if similar false or fake documents were presented to the Zimbabwean’s authorities in order to obtain that passport of Somon. She said yes. Her father gave her more details about how Somon acquired his passports.
      
1716. She was asked the information she obtained in the manner as to how the passports was obtained was improper and dishones. She agreed, accepted and admitted. She was asked that Somon was able to use and manipulate people or at least one person within the relevant Zimbabwean agencies to accept the documents that he produced and used it for the purpose of producing what was really a false passport. She said yes, he had on efrien in immigration of Zimbabwe. His name was Jojo. He was a Zimbabwean national he helped him to get his passport and his national ID (Zimbabwean). She agreed that Somon was and has never been entitled to possess and used that passport (Zimbabwean)? It was said that the passport that they have been talking about was DN781840. The said passport was obtained corruptly. She agreed saying yes because he did not have any citizenship certificate. She agreed and accepted that the documents presented in support of the documents to obtain the passport, were presented with the intention to deceive broadly the government of Zimbabwe.
      
1717. She was asked and she agreed that in her earlier evidence, she mentioned that around 2016, Somon started to communicate with his family in Bangladesh. She agreed that he had not done this before after she married him in 2014. She said in 2016, which was the first time she talked to his family. She was asked she said she spoke to Sadiq – Ur – Rahman, the son of Somon’s sister. She was asked how Sadiq – Ur – Rahman was introduced to her. She said he called on Somon’s phone but Somon did not want to talk. Somon handed over the phone to her and said she talked. And Sadiq – Ur – Rahman introduced himself to her as the son of Somon’s sister. After that conversation she spoke to Somon’s big brother, Asaduzzaman. She was asked when and how did she talk to him? That was just after she spoke to Sadiq – Ur – Asaduzzaman called her because he found that Somon was married. He wanted to find out Somon was married to who.
      
1718. Did he tell you who he was? He told her who he was. His name was Babu and he was Somon’s elder brother. After that conversation she agreed she was able to speak to other members of Somon’s family. She spoke to Somon’s sisters-in-laws. There were 3. The first one was Kamruzzaman’s wife, Samia. The second one Asaduzzaman’s wife named Banna. The third one Monir’s wife, her name was Soni.
      
1719. She spoke to other memebers of family other than those. They talked to her and they came to see her in Indonesia. Sadiq and his wife Nabilah Nova. She said that Somon’s family were delighted to get in touch with her because it was after two years of marriage. She knew them as a family. She married Somon on 20^th October 2014 in the civil registry. After that she celebrated the ceremony of Nika on 1^st November 2014.
      
1720. She agreed that since that time, she would have expected Somon to inform his family about Nabilah’s marrigage. She was asked how she felt when in 2016; she realized he did not do so? She said he told her if he told his family, they will not be happy that he married a foreigner. This was what she was told at the time. She agreed and accepted that was proven completely wrong after she has met the family (of Somon) as everyone loved her.
      
1721. She was taken back to some of the evidence she gave earlier relating to some of the issues in this trial. She was tkane back to her evidence the previous night. She remembered she said to this court aht Somon wanted her to tell the court that there was no supervisors. She agreed and accepted that the truth was there were supervisors in all accommodations. She added he used the victims to do all these works for him. She agreed the supervisor at Tassiriki was Palas. Sometimes Palas was assisted by Somon’s closed associates Moinul, Musharaf, Nacir Urdin, and Shohag. At Pango, it was Shohag and Anowar? She said she knew it was Shohag after Shohag left she did not know was the supervisor. At Town house it was Moinul and Kausar. She said she knew about Moinul as supervisor but not Kausar. At Norpow it was Shojip. She said correct. But she added they were not supervisors but they were puppets of Somon. They were manipulated and brain-washed.
      
1722. But they carried out what Somon told them to do. She accepted and she said after all he was the boss. It was these supervisors who enforced the rules at these accommodatios. She had heard she was asked. She said yes she heard the evidence of the victims but she did not know that these kinds of rules were imposed in these houses. She accepted the suggestion that there were things that happened in those houses that she did not know, or aware or deliberately kept away from her. She added as she told the Court earlier she was not allowed to go to these properties (houses) and if she went some of the close associates of Somon will inform Somon and Somon will fight with her. Imbrahim informed her of few things.
      
1723. She was asked what he told her. She said he talked to her about his salary. He told her that his salary was not paid. What she told him she could not go and talk to Somon because if he knew that Ibrahim talked about the salary with her, both of them have to face consequences. She was asked what would be the consequences. She said the same that he did to Mushahed and Mushahed gave his evidence to this court.
      
1724. It was said the prosecution talked about the enforcement of the rules. She was shown Exh. P47, she was taken to instruction 45: “must make clear of reciting official notice or regulation in the reciting areas that there was no notice or regulation in Pango and Tassiriki”. It was suggested to her that the essence of that instruction was that he wanted her to tell the court that there was no notice in Pango or Tassiriki houses. She agreed to the suggestion.
      
1725. She accepted that that was intended to rebut to the prosecution evidence about the existence of these notices. She accepted the suggestion that because she never visited these places that she either did not know whether they existed or either told by another person. Somon knew that she did not go to these houses. She said yes because he enforced the rules that she was not allowed to go to these houses, unless he took her there. She so accepted that there were rules imposed at these houses and there were rules applied to her at Elluck. She said yes. On one occasion she was going at Tassiriki to check wifi. Palas was there. The mistake she made, she did not inform Somon. After that Somon was informed, he called her and swore at her.
      
1726. She was asked if his reactions affirm how these rules apply on Nabilah. She said it was not only to go to these houses but before she went anywhere, she needed to inform him and he will always send one of his associates with her. One of his associates would have informed Somon of Nabilah’s presence at Tassiriki. She did not find out who he was. She asked Somon but he did not tell her. She agreed that last night in addition to mention the supervisors, Somon wanted her to say how she used to send money. She was asked what he wanted her to say in relation to the money. She said he wanted her to say that the victims used to bring money to Vanuatu. She should say to the court that the victims never gave money to him, which meant that he never collected monies from the victims.
      
1727. She was asked if she understood that that was contrary to prosecution’s evidence. She said yes. The money was collected fromt eh victims and kept with him and Mito. She agreed and she said she remembered that she was referred to prosecution witness Exhibit P24 – Document about carriers of cash and goods from Bangladesh to India and from India to Vanuatu. She was asked that in relation to what she had just said about what Somon wanted her to say, she was referred to instruction No. 36 in Exh. P47 “should be make clear about the deny money about the Bangladeshi paying to Mr Somon must make clear of that. Never pay any money/no proof for receipt etc ...” She was asked if she could tell the court that she knew that the money handed over by the victims were handed over to Somon and Mito? She said yes because she was not allowed to hold any money. If she needed to use she had to ask to Somon. At the end of the day, she was helpless and dependent on Somon. She was asked, so what Somon wanted you to do was to deny in her evidence in this what she knew it did happen? She said yes. Effectively he wanted her lie to the court. She agreed and accepted. She said yesterday morning when he wanted her to change her evidence and in return she told him no one will stop her to tell the truth to this court.
      
1728. She was taken to how according to the prosecution’s evidence, she helped sending money from overseas to here. She explained earlier how she was forced to escort the victims from India to Vanuatu. She answered yes. She did it under compulsory, she has agreed and accepted. She agreed it was also time from how she was to send money from overseas to Vanuatu. She was asked to explain what happened. She said while she was in Australia, she was not allowed to stay in a hotel. She was asked by Somon to stay with some people whom she did not know. Then there was a man, he used to come and give her money. She was under the supervision and that man was to bring her into the Western Union. As to who sent that person, she said from what she could understand Somon was communicating with him (man). She found out that man was a Bangladeshi national and he also visited Vanuatu once and came and stayed with her at her house. His name was Saifur Rahman.
      
1729. She accepted that the money that she sent was sent to Vanuatu. It was said that pick up from where they stopped earlier of how money were transferred from Australia, the evidence of P26 (4^th page) sub heading with her name and these were information compiled by the Pilice for their investigations. She agreed that the first paragraph under Nabilah’s name were transferred from Australia via Western Union activities. She agreed that 36 transfers were conducted from Australia to Vanuatu.
      
1730. She said that on these 36 instances, the manner on which money was transferred used same method. She explained that she was brought to the Western Union by that man (Saiful Rahman). These transfers were conducted when she was or went to Australia. As to how many trips she made to Australia she said at least four (4) occasions. She was asked whether these trips to Australia she did these by herself or she was told to do. She answered that she could not decide anything by herself. She must follow what Somon said, so it was also Somon.
      
1731. She said she was not accommodated in a hotel but it was in Paramata Sydney in someone’s residence. She agreed and accepted that was done despite the knowledge and understanding of Muslims prescriptions about married women travelling alone and living in places without the husband or a male relative.
      
1732. She did not know these people she was told to stay with at Paramata. She said from the airport, two (2) men will always pick her up. She was not allowed to take a taxi. These men who pick her up at the airport, she did not know them. She said Somon had arranged for this. She was asked about the instructions to go to Western Union at Paramata, Sydney, whether she did receive anything from Somon or she received from the two men. She answered that Somon will call her in the morning to tell her to get ready. One or two will come and pick her up. He will tell her in whose name she send the money and how much.
      
1733. She was asked where the money to be sent to Vanuatu came from? She did not know these monies came from where. It was said she said she did not know the origin. It was suggested they could have come from Bangaldesh? She agreed with that suggestion saying yes.
      
1734. She was asked there were two transfers made from Fiji to Vanuatu. She was asked to explain the circumstances these monies were transferred. She said she remembered that date she was with the brother of Parvez Masud. They went together to Western Union she sent $2,000 Fijian Dollars to Vanuatu. She sent on Somon’s name. She was asked where the money did come from. She said those monies were handed over by Taibur in India. She had US$5,000 with her that time.
      
1735. She was asked if she could remember after she was arrested she gave a statement under caution. She agreed saying yes. She also said she remembered she was asked of her stay in India. She said she spent more than a week at New Delhi. She said she gave Shafic about US$40,000 and Shahidur US$45,000. She was asked if she remembered giving it to them. She agreed and accepted saying yes. She confirmed that this was at the hotel where her group were staying.
      
1736. She was asked as to who gave her that money? She said that that day two persons came, Kamrul, Somon’s brother and Raziul Hasan, known as “Ritu Mama”. He was a classmate of Somon’s sister. They did not tell her where the money came from. She was not allowed to ask of these. They have just opened a laptop bag and there were lots of US Dollars in that bag.
      
1737. And then Taibur, Kamrul and Ritu Mama started to count each bundle of money. The total was more than US$5,000. Taibur asked her to go with him in the room of Shahidur and Shafic. Then this was where he handed over the money to the two Bangladeshi. She said she was there. What happened to the money the police suggested, she was asked? She said what happened that night before they left the airport, Taibur came with a brown envelop and he told her that there were US$5,000 in envelope. He told her to keep it properly and not to use.
      
1738. Later on in the airport, Nacir Urdin and Ruhul Amin told her also that they have these envelops of money with them. She understood Taibur gave this money to them. She was asked what happened to the money given to Shafic and Shahidur. She answered that the money that was given to these two Bangladeshi that was the money which were distribed among them before they travelled. She agreed and accepted that that particular trip was the one taken by group 6 that arrived in Vila on 14 April 2018 with a total of 15 people.
      
1739. She accepted that these monies when she arrived in Vanuatu ultimately were given to Somon including the US$5,000 Dollars that herself brought. She explained that it was not US$5,000 Dollars, but US$4,000 Dollars because US$1,000 Dollars she sent it from Fiji.
      
1740. She was asked she admitted she made three (3) other trips without Somon. She accepted the suggestion that she might have seen these large amounts of money as she saw in India in April 2018. She added that she always carried money on each trip. She agreed that in these trips, the other Bangladeshi also carried money and when they returned to Vanuatu the close associates of Somon will remove the money from them either at Pango or at Tassiriki. She said she knew that ultimately they would reach the hands of Somon. She added that at night, the bag of money will stay with Mito.
      
1741. She agreed, accepted and admitted that during those four (4) trips made, excluding the one she knew that people who travelled with her will come to Vanuatu and work for Mr Price otherwise where they will go to work.
      
1742. She was asked to go back to her statement last night and this morning where she said she was compelled by Somon to do his work she remembered saying that. She agreed that this morning she mentioned that he will only be interested in things that will benefit him.
      
1743. In the context of this recruiting from Bangladesh, the statement she made last night to do his work including travelling to India to escort the Bangladeshi recruits to Vanuatu and as well sending the substantial amount of money through Western Union that she has described. She agreed saying yes.
      
1744. It was suggested to her that when she talked about the things that could affect Somon only what she meant was anything that could be done to generate money for Somon. She agreed with that suggestion. So she agreed that the process by recruiting the Bangaldeshi in Bangladesh and getting them to pay substantive amount of fees in order to qualify them to come and work in Vanuatu was one of such ways Somon used to generate money for himself. She added him and his group together. And this group she agreed, including Somon but other people in Bangladesh who were close to Somon and who were related to these people close to people. She added Somon’s family and friends. She agreed and accepted that in Bangladesh that included Kamrul Sekdah, Taibur, Shohag and including Shohag’s members of family like Alal and Alal’s wife, Shohag’s mother and father.
      
1745. It was said there were also people involved in the processing of the applications and also in the Bangladesh in Basishal District, Josim Urdin, Palas’ brother as well as Jasim’s wife whose name was mentioned in the vidence (Jannatur Jutchy) as well as Jasim’s father-in-law (Sumur Rahman). They too were part of this group. She answered she was not aware about Barishal District but Tangail’s district she was aware of.
      
1746. She was reminded of the evidence of the prosecution witnesses about Josim and wife (wife’s account was used). She agreed she recalled that evidence. She agreed that in relation to what happened in Barisha that will not happen without Palas’ involvement. There were also Palas’ families.
      
1747. She was asked that this desire to make money by Somon by way of recruiting workers in Bangladesh was preceded by other attempts of recruiting Bangladeshis workers in the other countries. It was suggested here that that was the similar things in South Africa. This was a way of making money. She said she was not aware of South Africa until she heard in the court. But she was asked she would not be surprised now that she saw what happened in Vanuatu. She said she was not surprised of what happened in South Africa because of what happened in Vanuatu.
      
1748. She was asked that his choice to recruit from Bangladesh like in Vanuatu case, and South Africa case showed or demonstrated Somon’s close familiarity with Bangladesh. She agreed and she said because somon is a Bangladeshi. Similarly she agreed that his choice to engage with business people mainly with business people of Bangladesh was because of his affinity and familiarity with Bangladeshis.
      
1749. Nabilah was asked and she agreed that although Somon vehemently denied he either went to Bangladesh, and it was put to Somon when she was cross-examined that his plan and his desire when setting up business here in Vanuatu was not permanent, it was to maximise making money as much a possible and leave the country. He heard the prosecution alleged he spent less money on the construction place and on the workers. She added that this was what he did in Mauritius. She never saw her father for 6 years now because of what he did.
      
1750. It was said it was about maximising the opportunities making money as much as possible and abiding responsibility she also said. This was exactly about Mr Somon. He will only think about himself to save his life. He wanted her to be in the witness box to save his life. She was asked and she said she mentioned Somon was responsible of doing something in Mauritius precluded her from returning home.
      
1751. She was asked about what Somon did: she said he took around 1 million Mauricien Rupies from her father’s friend Mr Maseur. That was in December 2014. That time Somon brough 10 UK Rainiens to perform for the New Year 2014. That never happened become he had already spent the money. And around the 23 of December 2014, he told her she had to leave Mauritius. When she told him she will inform her mother and father, he told her no. That was the last time she saw her father. Her father was still waiting for her to com back. She was not allowed to inform then. When my father heard that she left Mauritius, he had a stroke and was admitted to the hospital for a couple of months. At that time, everyone disrespected her father and mother. Some people even spite on her father. He still wanted her to go back. She said Somon never repaid the money he borrowed.
      
1752. It was said she mentioned how Mito used to keep money given by Somon of money taken by the victims. Does it explain how Mito was able to sustain herself during this? She said yes it was 2 years now. It was a very long time. She agreed it was possible that some of those monies were used by Mito to sustain her families, and payment of rents.
      
1753. She was taken to another point. She agreed she said there on April 2018, she and 10 Bangladeshi had to travel to Fiji and back to Vanuatu for the renewal of their visas. She agreed she understood the passports were stamped when they arrived for the renewal of their visas.
      
1754. She agreed she talked about Somon’s relationship with certain immigration officers in Zimbabwe. She was asked and she said she knew he also had friend in the Immigration Department here in Vanuatu. She said he had one. His name was Kolin Joshuah.
      
1755. She agreed she remembered the testimony of Shohel the accountant of the Immigration officer also used to come to the office to stamp the passports. She said Kevin Joshuah was that officer. She was asked and she said she did recall the testimony of one of the police officers as about also was asked what’s going on with the investigations of the Immigration officer.
      
1756. She agreed she remembered there were also suggestions by Prosecution witnesses that there were 20 Bangladeshi travelled but they were also another so that did not travel but had their passports stamped. She was asked that possibly in that group were Mito and Tasfea. She said she did not know. In addition to the extraordinary stamping of the 10 passports, at least one passport had expired (she had a possession) but it was stamped with an extension visa on it. She agreed she remembered that evidence put during this trial. She also agreed that she remembered the evidence left in the early part of the trial was that stamping of passports could only be done at the Immigration office. She agreed she remembered the stamps were brought in the office. It was a Friday that officer was drunk. He was asking money to Somon to pay his rents. She and Florence saw everything from upstairs. Then she accepted Shohel Rana’s evidence was that an envelope was passed. She said it was a white envelope. Somon gave that envelope to Kevin Joshuah.
      
1757. She was asked if she ever saw any other instances where Somon was able to manipulate any officer. She answered one of Labour Officer. His name was Jean Luc at that times that officer was working in the compliance section of the Labour Office. She was asked she said, this is happened when the work permits were revoked. And the Commissioner of Labour asked them to appeal but Somon wanted to by-pass this and he wanted to talk to the compliant officer.
      
1758. She said that Somon told that Officer he would be able to help Jean Luc’s family. She added that obviously for Somon money talks. She agreed she was suggesting he could have bribed him. She said Somon actually bribed him. He gave him money.
      
1759. She was asked of any other instances of manipulating officials. She only as far as she could recall, he gave rice cooker, gaz bottle. This was what she could recall.
      
1760. She was referred to Exhibit P47 to second part with Instructions 6 and 7: “Make clear of Immigration and labour department officers coming on the site to check the work permits should be made clear”. It was suggested t her that Somon Instructed her to say this to the Court in the knowledge that certain officers from these 2 departments were on his side. She agreed and accepted that suggestion. She agreed and accepted that this could be relied on to support Somon’s assertions that checks were made. She added that what he wanted her to do to repair his evidence to safe his life. She agreed that this was the same kind of thing he expressed to her instruction No. 6.
      
1761. She agreed that it was also about the visitation of government officials on the construction site. She remembered when she did a trip to Australia and purchased Dunlop. She agreed that these are slops. Many factures that she could place workers. She was in touch with these people before she travelled to Australia. She agreed she was told to travel to Australia by Somon. He brought her to South Pacific Travel to purchase her tickets. She agreed with the suggestion there was another reason why he was sending her to Australia. She added that after she reached Australia, she found that she needed to make transfers of money from Western Union.
      
1762. She said she remembered the use of Western Union. She agreed that Western Union did not operate like a bank. She was asked and she remembered she also gave evidence about the logo and the name Mr Price, she talked about the search she did. She was asked and she agreed she remembered this was the pointed question the prosecution have asked Somon about the lawful use of the name and logo. It was suggested to her that this was a very unusual way to obtain consent. The question was close idea was that to come up with this response. She answered it was Somon’s.
      
1763. She agreed and accepted the suggestion it was unusual. It was quite ridiculous for a government authority to be accepting a name that was approved by a non-line service. She was asked and she agreed with the assertions made by the prosecution. She was asked as to what Somon told you to say in respect to that. He told her to say that Mr Rice Vanuatu and Mr Price South Africa was not the same. And that she had to say that VFSC had approved the name. So, there shall not be only issues. And the style of shops of Mr Price South Africa and Mr Price Vanuatu was not the same. She was asked and she agreed that that it was not about the shops or style. It was about the authority to use the name.
      
1764. She said she understood that because she did the School Certificate in business studies. She did understand about the Trade Marks. She was asked what Somon told her to say about the names and logo. He told her to say to the Court that they were a set of names chosen from internet. That the list of names and had proposed from there Somon chose Mr Price. This was what he told her to tell the Court.
      
1765. She was asked that knowing that the prosecution will check on that whether Somon gave her the address of that internet service? She said no. She agreed that he never gave her. This was supposed to be an international internet service. She agreed that an international internet service if it has credentialed to have checked and found out it belonged to someone else. She knew it was a South African Company.
      
1766. She was asked and she remembered that Somon in his evidence admitted that there was such a company near the place he lived in South Africa. So, it was said the question was why he would then accept an unauthorized International Internet Service? He would know better than her she remembered he said in his cross-examination he liked the name that was citing he chose the name.
      
1767. She said she remembered the response of the Public Prosecutor was that whether he liked the name or not, it belonged to someone else. He could not rightfully use that name. It was also suggested that knowing that a well-known company in South Africa existed, it places and protect its intellectual properties, it would have been very difficulty to authorize the use of its logo by Somon. She agreed whatever money one may have paid does and did not change the fact that that name and logo belonged to someone else.
      
1768. In her evidence the previous night she mentioned a police officer. She was asked then what did the offer in exchange for the gifts, anything or not? She said what Somon expected from that police officer was too safe him for any future issues. That was why Somon gave all these gifts to that police officer. She also mentioned the application to the VIPA. Her evidence was that the application of Mr Price was made through a consultation by the name of Mahit. She agreed. It was suggested to Nabilah that although he facilitated by preparing the papers, all the papers were provided by Mr Price. She agreed.
      
1769. She was then questions about the meals at the accommodations. The meals that she and her families shared with the victims were just during these festivals. She agreed and accepted because that was the only time; she used to meet these people (Bangladeshis). She agreed she did not go to these 4 houses to eat with them regularly. She said no members of her family ate with these people regularly. Nabilah was informed by the Public Prosecutor that they came forward the end of the cross-examination. She has responded to his questions in cross-examination. He fully understood what she said.
      
1770. She was asked and she argued that her evidence was that she has come to a point that she refused to be controlled by Somon. She said yes. As she had told the Court yesterday, she waited for the 2 years for the Court to hear her. She was asked and she accepted she had refused to be used by Somon to tell his lies anymore. She agreed it has been her intention to tell the Court what happened. That was the end of the cross-examination of Nabilah by the Public Prosecutor.
      
1771. Nabilah was cross examined by Mr Brian Livo. Nabilah was asked and she said she remembered in the evidence of the prosecution witnesses and cross-examination of Palas and Anowar, the names of 2 businesses. She was referred to 2 applications for registration in the name of Anowar (D3(2)) – for shopping Crowd and the other application in the name of Palas (D4(2)) (Asian Juction). She agreed she remembered. The application D4 (2) – Application to the VFSC for registration of business and the name of that business was Asian Junction. She agreed the email address was Mr Price’s. She agreed also that on the next page of the document. On the right side and there was a signature. She agreed and accepted that on the left side the hand written of the name of Mr Hosan MD Palas in this application was not Mr Pala’s application. She agreed and accepted that the idea of registering the business name did not come from Mr Palas but it came from someone else. She admitted that Somon compelled her to do this so that they could bring more people on each company registered.
      
1772. She was taken D3-2. Application to VFSC for registration of business. She agreed and accepted that and the business name was shopping Crowd. She agreed the email address was Mr Price 22.outlook.com. This email belonged to Mr Price not Anowar Hossein. She also accepted that in the box there was a signature. The signature was her signature. She agreed and accepted that the name of application was Anowar Hossein but there was not application for registration of a business by Anowar. She agreed that the idea for registering a business name was not that of Anowar but someone else. She said the idea was Somon’s idea to register more companies to get more people. She agreed also there were other applications as well. She agreed and she said there is another by the name of Shop Alfa. The business name Shop Alfa was done at the same time in December 2017.
      
1773. She agreed she heard evidence in regards to supervisors. She heard evidence of Prosecution witnesses about supervisors. She was asked that she said yes. Supervisors are people (persons) manipulated by Somon to do his work, what she has to say about that? She remembered that what she saw at that time, more supervisors were close associates to Somon and they were much close to Somon. It was put to her that Anowar was not a close Associate to Somon. But he was a workman. She said yes, she agrees everyone who came to Vanuatu; they came to work for Mr Somon and Mr Price. She was asked that Mr Anowar was not a close associate of Mr Somon because one never saw Somon and Anowar together. She said she did not agree. She said she used to see him coming to her house. She was asked Anowar came to her house to put lights at the house and swimming pool. She said yes, she agreed he also did the lightening at Pango. It was said that apart from activities of religious festival, Anowar never come to her house? She said she did not agree. She saw him few times when he did the lightening at the house and swimming pool or talk to Somon. You agree. I did not know what they were talking about? She said yes as she was not allowed to join the meeting. She agreed that, the idea of not joining the meeting was Mr Somon’s not Anowar. She agreed.
      
1774. She agreed she heard evidence of Prosecution that Palas was a superior at Tassiriki House. She was asked that as with others Palas did the work of Supervisions on Instructions of Somon. She answered from what she could see; Palas was manipulated and brain-washed by Somon. She accepted that because he was manipulated and brain-washed he was forced to do everything. She agreed there was evidence of her sending money through Western Union to Palas. She agreed that the money she sent was not for Palas but Somon as the money was withdrawn by Palas but later on given to Somon. She agreed and accepted that it was not Palas who suggested sending the money to him but Somon. She explained again that Somon called her in the morning before she went to Western Union and told her to send the money and to whom. That was the end of Nabilah’s cross-examination by Brian Livo.
      
1775. Note in the interest of Justice and Fairness on 09/09/ 2020 and due to the change of circumstances in the evidence given by Nabilah under her cross-examination by the Public Prosecutor on behalf of the State Republic and Nabilah’s evidence under cross-examination by Mr Brian Livo on behalf of Mr Anowar and Mr Palas, directions were made that:-
      
      • (1) The case of Nabilah be suspended;
        
      • (2) The case of Mr Somon be re-opened to allow the following steps to happen:
        • - Mr Somon be called in the witness box to be cross-examined by Nabilah; and then
        • - Mr Somon be given his evidence in re-examination.
          
      • (3) Ms Nabilah’s case be resumed:
        • - Nabilah be called in the witness box to be cross-examined by Mr Somon; and
        • - Ms Nabilah be given her evidence in re-examination].
          
1776. Nabilah’s case and evidence were suspended.
      
      4. Somon Sekdah’s case was re-opened. Somon Sekdah was cross-examined by Nabilah.
         
1777. Nabilah questioned Somon and he agreed and confirmed his answer that during his examination by the Public Prosecutor of his like of the name Mr Price, Nabilah made a list and gave to him and he made the choice (of Mr Price). Somon agreed that the idea of naming the company in Vanuatu was his idea.
      
1778. He agreed asking several questions about government officials travelling to Bangladesh and sending their passports to Australia. He agreed his answer was that Nabilah and others knew better. He was asked that through his brother Kamruzzaman he arranged for those government officials to travel to Bangladesh and to submit their passports through the Embassy. Somon answered he did not have any brother. He said he brought the invitation from Bangladesh where those people will be visiting from Nabilah’s email. He did not know who sent the invitations. It was suggested to him that the two persons that sent Nabilah those invitations letters were Kamruzzaman, Somon’s big brother and the son of Somon’s sister (Sadiq-Ul-Rahna). Somon said he did not have a brother, he did not know who sent them.
      
1779. It was suggested to Somon that they were sent by his brother Kamruzzaman. What he has to say? Somon said he never blamed her. The email was never sent to him. Yes he organised this invitation letter. As to who sent the email he did not know about who sent the invitation letter?
      
1780. He agreed that the email address of Mr Price was both managed by Nabilah and Somon. He denied ever used this 24 hours. It was suggested to him Kamruzzaman sent the invitation letter. He answered maybe because she never checked that time. He did not know who sent it. He remembered when the Public Prosecutor cross-examined him about ordering police uniforms of Vanuatu and in response he said it was handled by Nabilah. Somon said he recalled. It was suggested at that time you were not truthful to this court. The uniforms were sent by Somon’s brother Kamruzzaman, what he had to say? He said the Public Prosecutor never asked him who sent him the uniform. If he asked him, maybe she was right. But he said he did not have any brother named Kamruzzaman. She never showed the receipt that Kamruzzaman was his brother.
      
1781. It was suggested to him that the DHL packages sent were sent by his brother Kamruzzaman. He said he did not remember. He just came with her at the airport. He did not see the receipt. He was asked he knew everything about police uniforms despite this he blamed Nabilah or handling and ordering the uniforms. He was asked if he agreed that he was not truthful when he gave his evidence. He said he never blamed her. He said Nabilah was handling this. He also knew what she did with those police. He said he agreed with Nabilah. He said he agreed with those police officers that was why he said Nabilah knew better than himself.
      
1782. He agreed that the desire to provide the uniforms to police of Vanuatu was his not Nabilah. He said yes.
      
1783. Several questions on his marriage with Mito. He did remember he told the court that Nabilah was an online witness for his marriage. It was suggested to him that at that time on 7 September 2018, Nabilah was not here in Vanuatu. He sent her to Australia. What was his answer? He said he remembered she was at work going to Australia and when she came back, she gave evidence and signed. She knew if she did the second marriage. He will need the authority of the first wife and she gave the letter of authority and she signed it. She knew very well. Mr Somon was asked what happened in Elluck in July 2018. He said he did not remember.
      
1784. He was challenged that in July 2018, he did remember making Nabilah writing a letter and sign with force after he beat her hardly. He was asked whether he remembered that. He said he did and agreed with her with this because of the two children. She never gave evidence of this. She has just made it up now.
      
1785. He was asked that marriage with Mito was not a marriage. It was a fake. He did so to hide his relationship with Mito. He said he did not agree with her. He said when she made bail application; she also provided the certificate of marriage. She was using the two children.
      
1786. He was asked that that marriage was fake, his passport also was fake, did he agreed there was nothing called online marriage? He answered until the trial, he listened about his passport, that he never got any certificate from Zimbabwe. He said marriage online; one could check online if one was on Youtube. How people do that? Millions of people in Bangladesh who lived overseas if they were able to go back to Bangladesh, they will do this through online. As to whether his marriage was a fake, he was not agreeing with Nabilah. It was said the check on the internet showed there was nothing like that online marriage. He was not agreeing with her. She never checked online. She never checked on Youtube. Judge gave the prescription he could show how Muslim do marriage with someone overseas.
      
1787. It was suggested the research was made. It was suggested when a couple in Muslim married, there should be two witnesses, either the father, the uncle or the big brother of the girl. On the boy’s side, two witnesses (blood related) were required at the same place with the priest to perform the rituals. He was asked if he agreed. He answered yes, this was also one process. If there was not need for a witness.
      
1788. He was taken back to July 2018 in Elluck. He was asked if he agreed that after he assaulted Nabilah, he left her with bruises, blood clots and fractures and he denied her medical assistance. He said no. he did not agree with her. He did not remember. It was not a special day that he could remember. She never showed any medical report or any picture she took herself or people living at home (Nure, Vicky, and Ruhul Amin).
      
1789. It was said Vicky and others will never come to this court and support Nabilah because Somon manipulated all of them, correct? He remembered two prosecution witnesses gave evidence, no one said they saw Somon assaulted Nabilah (Nure, Ruhul). Nabilah never asked them this question.
      
1790. He was asked if he would agree with her that Nabilah was always directed by him and manipulated by him in this trial to save his life, yes or no. He answered when starting his case; together they handled the case together. Part time she defended her case and he defended his case. She also has her own choice. But she never put it to Ruhul or Nure Alama when they gave evidence as to when they saw Somon assaulted Nabilah.
      
1791. It was said that if she would do that, he will assault her. He went to that extent whether he remembered? He did agree with her. She complained about Shaine and others but she never complained of what happened in correctional services because this had never happened.
      
1792. He was asked he said she never informed the correctional officers because Somon controlled her together like the victims and he directed her to do everything he wanted. What he has to say? He remembered she gave evidence and said since then she was a free person. She was happy. He said no officer gave evidence that Somon controlled the correctional officers.
      
1793. He was taken to Jordania trip in 2015. He did not remember the sya. But he would remember that Bangladeshi woman, her name was Maya? He did not remember.
      
1794. It was suggested to him that at that time in 2015 after Nabilah question him about him and Maya and Maya illegitimate relationsip he did the same thing as he did to her in Vanuatu, yes or no? He answered this was never happened. When she gave evidence, she never said that.
      
1795. He was asked if he agreed that after he assaulted Nabilah he switched on the iron and he burnt her righ thighs. Nabilah had still that mark on her right thigh. He agreed yes or no? This was never happened. She heard this story from someone. She put it to her head and his head. She tried to make happy the Public Prosecutor. That was why she gave that kind of question and evidence. He said he knew his wife for 6 years better than the Public Prosecutor.
      
1796. [Sudden burst of Somon angrily and aggressively toward the Public Prosecutor. The court warned him. Somon apologized and said sorry to the court].
      
1797. It was said to Somon, the last question he was asked was whether he burnt Nabilah’s thigh with iron? Would he agree that she had even a fracture on her hand and her hand was swollen and when she tried to rign the Jordanian Police, Somon broker her phone, agree yes or no? This was never happened he answered.
      
1798. He was taken to Syprus, the country near Turkey. Did he remember leaving Nabilah alone back alone with two men in a house back in 2015? Did he remember? Not agree he answered.
      
1799. He was asked if he was agreed that at that time he travelled back to Jordan and left her alone there. He said he did not agree as when he went to Jordan, he left a lady, she was from Sri Lanka with Nabilah. She said she was talking about Syprus but not any woman of Sri Lanka. Did he remember Nabilah questioned him as to how she would travel back to Jordan? He said when he left of Jordan; he put a lady with her. It was put to Somon that he did not. It was suggested to him that he was never associated with people of other nationalities but only with Bangladeshis. He agreed or not? He said he did not agree. He had 83% relations with business people in Bangladesh and 20% with foreign people.
      
1800. It was put to him he had 100% familiarity with Bangladeshis for far his own benefit but not for his business. He did not agree with her as he could make money from them because of the business.
      
1801. He was asked questions about Mito and her family. He agreed he knew Mito’s parents stayed in Bangladesh as he heard from Mito. He was asked he agreed that he gave Mito’s parent a substantial amount of money before he got arrested? He said he did not agree with her. He said sometimes he gave her VT20,000 or VT40,000 if she asked.
      
1802. It was suggested to him that this was the way he chose to hide the money? He said he did not agree with her. He did not have personal account. His money was in his company here in Vanuatu and Bangladesh. He put some money in Nabilah’s personal account.
      
1803. He agreed he heard prosecution witnesses at Chamoni, India so many times. He was asked also he heard Nabilah’s evidence when cross-examined by the Public Prosecutor she mentioned someone who was the son of Somon’s sister. Somon said he did not have a sister.
      
1804. It was suggested to hm that the Indian Embassy and Ritu Mana officer were in the same office, yes or no? He did not know. He never went to Bangladesh. These informations were provided by his brother. He did not agree with her when she gave her evidence.
      
1805. It was suggested to him the visa application was first compiled and processed in Somon’s sister’s classmate office and then it was given to each victims before they were submitted to the Embassy of India. Whether he agree with her or not? He said under the cross-examination of witnesses by the Public Prosecutor, no witness could say about private office. So he did not know. He was asked he knew everything of these applications. Those infroamtions were provided by Somon and his family. He agreed or not? He did not agree with her.
      
1806. He was asked if he agreed back in 2018 Musharaf, Anowar, Palas, Somon and Mito sat to talk about the two children. He did not remember. He did not agree with Nabilah.
      
1807. He was reminded by Nabilah that he could not agree when he could remember. The reason was that Taibur wanted his wife and the two children to go back to Bangladesh. What he has to say? He did not agree. When Anowar gave evidence, he never said that Mito could go any place she wanted. He was in two years custody.
      
1808. It was put to Somon that he separated the 2 Children from going back to their father and stopped the father from coming back to Vanuatu and so Somon stayed with their mother as his wife. He did not agree. He agreed that he married Nabilah on 1^st November 2014. He was asked if he agreed that for 6 years he made Nabilah worked for him whether legal or illegal. He did not agree. He said any office work she did was because she was also in business. She was involved in Somon’s business and she uploaded lots of Somon’s papers. He said he never did any illegal work.
      
1809. It was said the purpose of him marring Nabilah was for him to use her for his work and to acquire the passport of Mauritius and to sack Nabilah when he has those. He answered he married her because he loved her. He married the second time because everyone agreed. He never applied for Mauritius passport. He said he did not need any other passport. That was why 6 years she lived with him. He said, he did not marry her for work. She knew better how he loved her.
      
1810. It was said that the desire for Somon to acquire the Mauritius passport was because in his Zimbabwean passport there was no more space in it. Somon said he did not agree with her. He did not need a passport right now it will expire in 2024. He dinnied that the only way for him to travel was to aquire a Mauritius passport and this through Nabilah.
      
1811. It was put to him he put lots of pressure on Nabilah and her family to obtain a Mauritius passport. That was in 2018. He said this has never happened. He never talked to her family when he was in custody. It was said it was in 2018 when Somon was arrested. Nabilah’s parents never communicated with Somon since December 2017. He did not argree with her. He said he talked of 2016, 2017 and 2018. He never asked her parents to apply for Mauritius passport.
      
1812. He was asked if he remembered of a woman by the name of Kalyanee, an influential politician and Member of Parliament. He said yes. She was a MP and a Minister. She attended at his marriage. He called her auntie.
      
1813. He was asked when whether he could remember that back in October 2014 after Nabilah married in the Civil Registry, Somon attempted to bribe the woman politician. Somon said he did not agree with Nabilah. It was said what the woman told Somon he waited for 6 years and automatically he could get a passport. He said this has happened.
      
1814. It was said that again this year, three (3) months ago, she told Nabilah to contact her parents to make a Mauritius passport. Somon answered he did not argree with Nabilah. He was in the custody. Nabilah should give her fingerprint.
      
1815. It was said Somon was in Vanuatu in 2018, who communicated with Jojo to get a Zimbabwean passport. It was Mr Somon while he was in Vanuatu in 2020. Somon did not argree with Nabilah. He said he contacted her through Nabilah. He communicated to any embassy through Nabilah.
      
1816. The conversation with that immigration Officer of Zimbabwe (Jojo) was in the custody of the police. He did not agree with Nabilah. It was said there was no high commission involved. He was communicating directly with Jojo. He did not agree with Nabilah. He needed to listen to the voice message and what it said he said.
      
1817. It was suggested to Somon that there were lots of evidence that he created fear in everyone. The same fear he created in Nabilah that she would never be able to return to Mauritius after what he did there. He said many victims were scared of him or not but he did not know.
      
1818. It was said that the evidence that he gave that Nabilah stayed with him as a happy family was barely true as he sent Nabilah away in other countries, doing his work. He said his family was the happiest family. He knew that. He said he sent Nabilah aways for business. He said Nabilah was with him. She owned 30% share of the company and he was doing the legal work.
      
1819. Somon was asked that the reasons for him to send Nabilah overseas, were to escort people and to bring Somon money. Somon said he did not agree with Nabilah.
      
1820. That was the end of Somon’s evidence under cross-examination by Nabilah in the re opening of Somon Sekdah’s case and defence.
      
1821. Somon said he had no re-examination. That was the end of Somon Sekdah’s case and defence.
      
1822. Somon Sekdah’s evidence is full of contradictions, inconsistensies and lies. Somon Sekdah is a dishonest, manipulative and untrustworthy witness. He is not a credible witness.
      
      5. The case of Nabilah resumed. Nabilah was cross-examined by Somon.
         
1823. She was invited to Exhibit P3 at page 1 and P12 documents from Vanuatu Financial Services Commission. She was asked that when she applied for the foreign investment office for Mr Price she applied in the same office? She answered that her evidence was that it was lodged by a company named, Vanuatu First Investment, a locally owned company.
      
1824. She was asked to agree if everyone applied at the same place, if they needed their licence? She agreed saying yes. She was asked that she also applied in that same place when she applied for Mr Price to have that licence? She answered this certificate was approved by the VIPA office. She agreed that everyone if they needed the certificate they will apply to same place. She never paid the legal fees. Somon paid them as she was in Myanmar. She agreed that this certificate was original.
      
1825. She was asked to go to the second page; she agreed that licence was original. She said there was no evidence saying this licence was a fake. She agreed at third page she filled up the form and she paid the amount of VT12,000. She agreed the address of Vanuatu has nothing to do with South Africa, and the application spoke for itself.
      
1826. She was referred to pages 3, she was asked the Form and the content was original? Or anything fake? She answered was he was trying to use her again that the Form was original. When she applied she paid VT12,000 for legal fees. This was not her money. This was Somon’s money.
      
1827. It was said the opening of a company in Vanuatu to make money for her and Somon and any family? She said no. She did not agree. It was always Somon, Somon. It was not about her.
      
1828. It was put to Nabilah she was educated. She has 30% shares. She said being 30% at Mr Price will not benefit her. It will benefit Somon. This was his decision not her. She agreed and accepted she was a share holder under 30% but she said she was not proud of that. It was put to her that she felt proud and she also explained to others to her benefit of 30%. She said this was his company. He was the boss. He has 70%.
      
1829. She agreed that she did most of the office work. But after being directed and ordered by Somon then the work was done. She was asked she gave evidence, she said Mr Somon had associates, Palas, Moinul, Musharaf and some others. She agreed Somon had more associates. They were his puppets.
      
1830. She was asked if Anowar and Palas were Somon’s associates and if they were just two (2) of them? They never agreed that they were Somon’s associates. She answered these are the 2 people that he manipulated and brain-washed to do his work.
      
1831. She was asked that when Anowar and Palas cross-examined Nabilah she never put this to them. She said the question put to them was prepared by Somon and directed by Somon. It was said all the victims gave evidence to the police. She said yes, including Court.
      
1832. She was asked she said she was happy she gave evidence when she was arrested and since now 2 years she was free. She has her freedom. She was very happy.
      
1833. It was put to her when she gave evidence in the Court that since 2 years she was following Somon’s directions, that Somon was pushing and manipulated her and brain-washed her that she was lying to the Court. Nabilah answered yes, she said that for 2 years, she was free. She was happy. She was free to interact with other people. She was happy to talk to people. There was no one to stop her. The biggest one there was no one to tell her to do work or job that she was not comfortable with.
      
1834. She was and she remembered she said Somon’s mother was in Bangladesh. She was asked if she was going to bring before this Court this lady to show some documents as to how he was the son of that lady. She answered she had pictures (photographs) and IMO call recordings. She has Kamruzzaman, Somon Sekdah’s elder brother with copy of the passport that showed clearly his mother’s name was Nuzzaman. And that goes with the passport of Asaduzzaman. It was put to her that that lady will ever bring to this Court documents, showing that Somon was her son, documents such as birth certificate and Somon’s ID showing that he was her son. She responded she will never come to this Court because she wanted to protect Somon and Somon’s identity.
      
1835. It was said she said Kamruzzaman was Somon’s brother. It was put to Nabilah that she will never bring him before this Court to say that he is Somon’s brother. She answered he would not be able to come to this Court because he was arrested in Bangladesh. She said she has to picture for Somon together with Kamruzzaman at Elluck. She has a picture of Kamruzzaman he looked the same as Somon. It was put to Nabilah that she will never bring any document that Kamruzzaman is his brother, or his father’s name or mother’s name and nationality and address. She said she will never provide any such documents.
      
1836. He questioned she also gave Asaduzzaman as his brother. She did not bring any document that he was his brother. Nabilah answered that she had audio recording on IMO telling her not to leave Somon but she has to help and save him to get out from the jail.
      
1837. She was asked and she agreed she remembered her evidence she said Somon forced her to go to India and Australia. Nabilah was asked when she travelled to India whether she travelled by herlsefl or with Somon also. She said Somon was not with her but his close associates were with her like Kamrul and Taibur.
      
1838. When she was travelling was she travelling alone or were Taibur and Kamrul travelled wit her? She answered that on each trip Kamrul and Taibur will be at Singapore airport and from there they will travel to India. She agreed when she travelled from Vanuatu to Fiji, she travelled alone.
      
1839. She agreed she was in India visiting her auntie, she was not alone. Taibur was also there. She has a picture of that day. They had dinner at a restaurant. She agreed she met with auntie who was part of her own family in India.
      
1840. She remembered she asked Somon the question that he let her alone in a house and Somon said she was with a woman from Sri Lanka. Nabilah observed that the question was in Cyprus not in Jordan.
      
1841. She agreed she travelled in more than 20 countries. Her passport spoke of itself and she said she travelled under Somon’s strict supervision.
      
1842. She agreed, like any woman, she liked doing the shopping.
      
1843. It was put to her that in Nadi she was alone, in India, she was with her family, in Cyprus she was alone and she travelled in so many countries, she liked shopping, she has freedom to go back to her country. She anwered by asking another question asking Somon whether he has seen the prosecution exhibits. She said she could not go back to Mauritius because of what Somon did there.
      
1844. She was asked when she went to Australia, she gave evidence that someone met her at the airport and also she met with a person in a house. She answered that Somon put her in there. Somon told these ment to come and pick her up at the airport.
      
1845. She was asked these people gave her bundles of Dollards to her? She said that was not her evidence of bag of money.
      
1846. She was asked she met with two persons and live in a house. She knew the two persons. She knew the house was a family house and it was her own choice to stay in that house. These people when they came to Vanuatu, they stayed together at Elluck house. She said no, it was the family house. One of the two persons came to Vanuatu. And it was never her decision to stay in that house. She was picked up at the airport.
      
1847. She was asked she went to Australia and went to the restaurant with these people and family. She said she never went to the restaurant. She was not allowed to go of her own in Australia. Wherever she went one of the two persons was always with her.
      
1848. It was put to Nabilah that she lied to the court because she knew these people. These people came to Vanuatu. Nabilah has relations with them. Nabilah said she was not. She did not lie. She said Somon lied to hide the truth. What she said happened in Australia was the truth.
      
1849. She was asked that not only the two (2) people but another person, an Australian man, who did business with them, gave her money. She denied saying no. she did not agree. She said only the two people gave her money. She agreed they gave her money but she did not know the source.
      
1850. Nabilah was asked that when she sent the money from Australia to Vanuatu, she sent money to her mother for her shopping in Australia for more than VT400, 000. It was put to her it was not Somon’s direction? Nabilah answered that Somon has forgotten that she used to pay the expensive shoes and clothes for Somon in Australia. She used to do shopping for his wife Mito and the two children. This was what Somon asked her to do. Somon forgot she called him on IMO and showed him the shoes for him to make his choice.
      
1851. She was asked questions on her police statement and her sworn statement. She agreed that the police statement has 116 pages in total. All the pages have signatures. Those were her signatures.
      
1852. Nabilah agreed she remembered she gave evidence under cross-examination. She said she was happy and she was free and no one can force her. She agreed that when she gave her statement Somon was not with her.
      
1853. It was put to her that when she gave the police statement she said in any paragraph that Somon assaulted her in the office and that she saw someone sitting between Shahine and the car. Nabilah answered that Somon forgot how he controlled her. He forgot also that on their way to Vansez (Police) he did teach her of what to say to the police.
      
1854. She was asked that none of the 116 paragraphs mentioned that Somon forced her to go to Australia or India or she was under Somon’s direction. She said she had already given the answers the reasons why these things were not in her police statement. She said Somon directed what she should say to the police. Somon directed what she should say when she cross-examined Shahine.
      
1855. It was said that 116 paragraphs she never said Somon assaulted her at Elluck house, office or overseas as well. She said when Somon used to beat; he made her shut her mouth. He always directed what to say to the police and the court.
      
1856. It was said that in her statement of 116 pages, she never said that Somon forced her to go to Australia and sent monies. She said her answer will be the same. He directed her that she has to say in her statement.
      
1857. It was said that when she gave her police statement, there was no paragraph saying Somon directed her to open 3 companies: Asian Junction, Shop Alfa, and Shopping Crowd. Nabilah denied that this was her idea. She said this was his desire to bring more people into this country.
      
1858. She was asked that when she gave the Police statement, the police asked questions about Kamrul whether he was his brother or not. He said she said no. She answered that this was what Somon asked her to say to the police and directed her to ask to prosecution witnesses. She was asked that there were no paragraphs of her police statement saying that Somon has a brother, sisters or mother in Bangladesh. She answered that Somon could not deny the truth. Somon hold the Holy Coran and he was lying in this court. The Allah was looking at him.
      
1859. She was asked that when she gave the police statement she never said Somon forced her in the car when they went to the police station, Somon taught her in the car to lie to the police, and Somon said that she followed Somon’s instructions as to how to give the interview to the police. She said she was controlled and managed by Somon like in the morning when she made Mito called her to change her evidence and to save Somon from trouble.
      
1860. Nabilah agreed she made a sworn statement and it has 182 paragrpahs. She took oath on the Bible.
      
1861. It was put to her the sworn statement of 182 paragraphs has no paragraph saying she did not have any freedom. She said Somon wrote this and gave it to her. In brief this was Somon’s notes in the sworn statement.
      
1862. She was asked that having 182 paragraphs, no paragraph mentioned that Somon forced her to go to Australia. She said she has already gave her answer to this. It was said there was no paragraph which said Somon assaulted her in office, Elluck house and overseas. She said she referred to her previous answers. This was Somon’s directions he wrote them and gave to her.
      
1863. It was said there was no paragraph which said she saw someone gave a bag of money to Taibur or Kamrul in Australia. She said she will refer to her previous answers. It was said there was no paragraph which said Somon assaulted her in the office, Elluck house and overseas. She said she referred to her previous answers. This was Somon’s directions he wrote them and gave to her.
      
1864. It was said no paragraph which said she saw someone gave a bag of money to Taibur or Kamrul in India. She said she will refer to her previous answers. It was said she there was no paragraph that said that these Bangladeshis carried money to Vanuatu, some US$5,000. She said this was what Somon Somon asked her to do that was not to say anything like that n the sworn statement.
      
1865. It was said no paragraph said Somon has family in Bangladesh and Somon was a Bangladeshi. She said he directed her not to say that he has a family to the court, and even to this court but she said she told the court that Somon has a family.
      
1866. It was said none of 182 paragraphs of the sworn statement mentioned that when she went to Australia, Somon forced her to go and when she reached Australia, two (2) Bangledeshi people picked her up, they gave a substantive amount of money to her to send to Vanuatu and she did not say Somon called her and directed her to do so. She and Somon directed her not to say these. But she said she did in any event.
      
1867. It was put to her when she hold the Bible to swear the statement she never said the statement was from someone else named Somon Sekdah. She answered she was directed by Somon. She said how she could say Somon’s name? She made her own statement but Somon took them and changed them and Somon wanted her statements and his statements to be the same.
      
1868. She agreed she had two (2) statements and she gave oral evidence before this Court. It was put to her she gave her statement to Court. She lied to the Court. This was not her evidence, it was someone also. She said she did not agree. This was her evidence. She said she never lie to the Court. All lies from her were from Somon. He still lied to the Court.
      
1869. That was the end of cross-examination of Nabilah by Somon Sekdah.
      
1870. Evidence of Nabilah in her own re-examination. She gave the following evidence in reply as follows.
      
1871. Somon asked her if she has given evidence if she has given documents showing Kamrul was his brother. She told this Court that she has some photograph. She had these photographs and she wanted to show the Court. It was MFI D2(8) (29 photographs). The photographs were sent to her by Kamaruzzaman. The 2 photographs were extracted from her own phone. Photographs 7 and 8 of MFI D2(8). They were tendered Exhibit D2 (9) (photographs 7 and 8).
      
1872. Somon asked her when she was in India she met with her family my aunt. He said she was alone with her family. She responded no. She told Somon his associates were with her. Taibur and her family also were there. She mentioned that Taibur was with her in the restaurant and her auntie. She has a picture to show the Court, the photograph No. 1. It was dated 30 March 2018. She was the author of this picure. She wanted to tender this picture. It was tendered as Exhibit D2 (10).
      
1873. Somon asked her about his mother Nur Jahan, he asked her if she even brought any document to this Court about his mother. At that time she responded to him she had Kamruzzaman passport which clearly showed his mother’s names Nur Jaman and brother’s names Asaduzzaman and the address of Kamruzzaman was ATHARODANA GAITAIL, TANGAIL. She has a picture to show the Court, Photograph No. 21. It was taken by her from her phone. It was the photograph of Kamruzzaman’s passport. She applied to tender this photograph. It was noted the name of mother on the passport was Noor Jahan. The brother: MD Asaduzzaman. The picture tendered as Exhibit D2 (11) (photograph of passport of Kanruzzaman).
      
1874. She has the photographs of Somon’s mother when Somon was talking to her mother on IMO and showing her mother on the work being done at the construction place opposite Tana Russet Plaza – photographs 25 – 26 and 27. These 3 photographs were extracted from her phone. They were around February 2018. They were sent to her phone by Kamruzzaman that was also when Somon was talking to his mother, February 2018. Exhibit D2 (12) (photos 25, 26 and 27).
      
1875. She has a picture showing Kamruzzaman was talking to Somon, photograph 28. It was taken around July 2018. It was extracted in her phone and was sent to her by Kamruzzaman. She wanted to tender it. It was tendered as Exhibit D2 (13) (photo of Kamruzzaman talking to Somon).
      
1876. That was the end of Nabilah’s evidence. Nabilah decided not to call any other witness.
      
1877. Nabilah was jointly charged and tried with Somon Sekdah as the principal offenders in the main offences in the relevant amended Information. Somon Sekdah and Nabilah Bibi have the same defence and interests. Nabilah gave evidence in support of that defence and interests in her evidence in chief. However, for the reasons only known to her (she said she wanted to tell the truth to the court) in her cross examination by the Public Prosecutor, she gave evidence in support of the prosecution case and when cross examined by Counsel for the Defendants (D3 and D4 respectively) she gave evidence in support of Anowar Hossain (D3) and Palas Hosan (D4). She is a defendant, a defence witness, she is not a prosecution witness and there was no indemnity provision given to her or considered in her favour by the prosecution as she is still a defence witness. Her evidence in cross examination by the Public Prosecutor contradicted in a material particular her evidence in chief and it was materially adverse to the evidence of Somon Sekdah and in favour of the prosecution case and evidence. Nabilah’s evidence in cross examination by the prosecution and cross examination by defendants D3 and D4 was relevant, credible, and reliable and could be believed (subject to legal considerations, fairness and justice requirement as a matter of common sense).
      
      4. Evidence of Anowar Hossain [D3]
         
1878. Anowar Hossain Talukolar gave evidence to this effect. He was 40 or less than 40 years of age. He is married. He had a shop in Bangladesh and in 2000, he travelled to Saudi Arabia and worked there for 16 years. For 5 years he worked as a Taylor. He started to use and work on new products. His tailoring involved clothing and garments. The second part of his work was doing special works in a company employing 1,600 workers. The special works were for him to use leather, coat with styles, and models with any kind of clothes. In 2009, he had an operation with his eyes and was shifted to electrician work with the company. He was responsible for the two factories. He fixed air conditions and refrigerators. He had skills as a Taylor, electrician and technician. In 2016, he returned back in Bangladesh starting a shop business. He sold that shop business after 1 year and half to come overseas and work.
      
1879. Anowar (D3) saw that one Mohirdin sold his business so he asked him of the reason why he sold his business. Mohirdin told him he had opportunity to go to Micronesia for work. Mohirdin told D3 that Musharaf, Aslam and Shohag recruited him. Mohirdin gave him Shohag’s IMO number. D3 contacted Shohag and the two others and talked to them about his interest to go to Micronesia, New Zealand and Australia to work. Shohag told D3 that he and the two others (Musharaf and Aslam) stayed in New Caledonia. They will send people to other countries and their big boss too send people overseas. Their big boss has businesses in different countries. They did not tell him o fhte name of their boss at that time.
      
1880. They told him if he worked under a company, he will have to pay an amount but if he will not work under a company he would have to pay a separate amount of money. If he wanted to go to Australia they will prepare all his documents. He will have to pay 15 Lak 50,000 Taka. He chose to work under a company and has to pay 21 Lak Taka. As they lived in the same area in Bangladesh, they told him, there was no problem. They asked him for his passport, deposit money, photographs and his birth certificate. They required him to deposit 5 Lak Taka with his passport. Shohag told D3 to pay the money to Shohag’s father in their house. D3 called two of his friends to come with him and to witness his deposit money payment, his passport and birth certificate. The company will provide him with a salary, food, accommodation and will take care of his documents. He would be paid 1,500 Dollars per month. They will prepare his visas, work permits and other documents so that he could stay and work. D3 gave 5 Lak Taka, passport and birth certificate and his friend Mohirdin also paid 5 Lak Taka, passport and his birth certificate to Alal as Shohag’s father was not there at the time. Alal was Shohag’s brother in law.
      
1881. Alal told them that he will prepare their documents, and will let them informed when they were ready. And that they had to pay another 3 Lak Taka. D3 paid the 3 Lak Taka and they told him to carry the equivalent of 2 Lak Taka in US Dollars and he had to pay his outstanding of 5 Lak 50,000 Taka after his arrival in Australia. After he had paid the money, Alal told him to give him another 2 Lak Taka and to go to Dhaka and exchange another 3 Lak Taka to US Dollards and his flight will be the next day on 1^st of August 2017. D3 and his friend Mohirdin gave Alal each 2 Lak Taka and another, Somon Miah joined both of them. Shohag gave D3 a telephone number and directed him to call that number, which was Nasir Abassi’s. Abassi will provide him with his passport, ticket and endorsement documents. He was called one night that his flight was cancelled. He did not know Somon Sekdah previously. Somon Sekdah also told him of police clearance. D3 and Mohirdin went to the police station at Shokipur to get police clearance. Before he paid any money, Shohag called D3 and told him to pay 3,500 Taka to have his police clearance within a week. He paid that 3,500 Taka for police clearance. Shohag told him that his flight will be 7 August 2017 and he had to be at the Dhaka airport. Shohag reminded him of Nasir Abassi’s phone number.
      
1882. D3 went to Dhaka and met with Nacir Abassi. Nacir gave D3 and his two friends their passports, tickets and endorsement papers. He will be informed of the new date and time of his next flight. On 5^th August 2017, Shohag called him and told him that his flight will be on 7^th August 2017. Shohag asked D3 whether he had a police clearance. D3 told Shohag he did not have any police clearance. D3 said he hanged his call as he had received another phone call from Shohag’s boss. He told D3 that his name was Somon Sekdah. Somon told D3 he came back from Japan, Indonesia and China. He went there to buy some stuff for the company. He wil then come to Myanmar. They met Nacir Abassi outside Dhaka airport. Abassi gave them clear instructions to the effect that when they arrived at Myanmar, they will se a short man wearing a white t-shirt with his airphone. After immigration, they will raise their hands and that person will receive them.
      
1883. We went in the airport and got the flight to Myanmar. At Myanmar after passing the immigration, they acted as instructed by Nacir Abassi and they met with the next person, Taibur. Taibur took them to Beauty Land Hotel. They were 4, Somon Miah, Mohirdin, Taibur and Anowar (D3). Taibur gave them food. Two meals a day and breakfast. They stayed at Myanmar for 17 days. They arrived at Myanmar on 7 August 2017. Four (4) others had joined them in the hotel on 9 August 2017. They were Saifur, Nazrul, Parvez Masud and Sodip. Taibur paid for the food and accommodation in the hotel.
      
1884. Few days later, Somon Sekdah came to the hotel where Taibur stayed. Som Taibur came and took them to his hotel to meet with Somon Sekdah. Somon Seksah offered them coffee, asked their qualificatios and the kind of works they were doing. D3 said he told Somon Sekdah, he knew tailoring (sewing), fixing machine and electric work. Somon told him that was good. He told D3 he was like an army officer D3 knew all kinds of works. Somon Sekdah told them there was no problem with their travelling.
      
1885. When they returned to their hotel, Shohad and Musharaf called D3 and told him and his two (2) friends Mohir Urdin and Somon Miah to give to Taibur the US Dollars they carried to Myanmar. They went to Taibur’s hotel and gave Taibur the US Dollars they carried. Somon Sekdah also was there. Just after they gave Taibur the US Dollars they carried to Myanmar, Somon Sekdah, Taibur, Parvez Masud and Anowar (D3) went to the market. Somon Sekdah and Taibur did shoppings. Somon Sekdah bought 2 heaters, 3 hire machines; few drill machines and other stuffs. They dropped all stuff at Taibur’s room in the hotel.
      
1886. Taibur told them, few days later, that their flight to Singapore will be on 23^rd August 2017. Before they left for the airport on the 23^rd August, Taibur checked and weighed their bags. D3’s bag weighed 17kg. Taibur told D3 that he could not carry this much weight. D3 gave away some of his stuff to the hotel staff. They put what they purchased into D3’s bag and others’ bags too. Somon Sekdah travelled with D3 and 6 others to Singapore. When they arrived at Singapore, they learned that they will then go to Fiji and then to Vanuatu. At Singapore, he called Shohag and Musharaf and enquired because first they told him to come to New Caledonia (where Shohag and Musharaf told D3 they were) and he will stay few months before they sent him to Australia. They told him not to be concerned because he will be in Vanuatu, then New Caledonia and they will send him to Australia. D3 said he got afraid as he trusted them (Shohag, Musharaf and Aslam) in the first place. Shohag assured D3 not to be afraid as his nephew and uncle were travelling with him. He agreed with what Shohag told him. They arrived in Vanuatu on 24 August 2017.
      
1887. Musharaf and Shohag came and took them from the Port Vila airport to Tassiriki house in a bus. When he entered the bus, Musharaf took his passport and travel documents off him. At the Tassiriki house, he was not happy with Shohag, Musharaf and Aslam. He was angry. He felt he had a tension with Shohag, Musharaf and Aslam as he was supposed to be in New Caledonia but he was in Vanuatu. Where was he? He did not talk to them. He had a cigarette while sitting on Palas’ bed. Shohag told him to have some food. He saw Palas, Moinul and Nure Alam. After he had his meal, a bus driver drove him and showed him to a hotel. He spent two (2) days and two (2) nights in that hotel. They then took him to Pango house. There were 7 of them at Pango house.
      
1888. From 23 September 2017, they started work at Pango house. D3 said he put lights on the trees, on the gate and fence; he also did some electric works in the two houses at Pango. He also helped others including Palas painting the houses and cleans up the houses. Somon Sekdah gave those works to do. He spent sometimes doing these works at Pango house, then, Somon Sekdah took him to Norpow house. At Norpow house, he did some electric works at the house there and helped those working there doing furniture works. D3 said he did not know about the furniture work so he complained to them and he told them if they could not send him to Australia, they sent him back to Bangladesh. He raised his complaints to Shohag, Musharaf, and Aslam and also to Somon Sekdah.
      
1889. Somon Sekdah told D3 that it was good that he came here in Vanuatu. D3 will start his shop. D3 will be working there with air conditioning, refrigetator, washing machies. D3 asked Shohag to pay him a salary of 1,500 dollars as Shohag promised him before he came. Few days later, Shohag told D3 that before he started the shop, they will give him 50,000 Taka, and then D3 could run his shop. They will pay D3 $2,200.
      
1890. D3 said he was one of the first seven Bangladeshi people living at Pango house. He stayed 11 days at Norpow house. On their way to the seaside, they had an accident. Somon Sekdah was driving. There were more than 7 passengers including D3. D3 was sitting with Absaid at the back seat. The vehicle rolled up 4 times. It hit a tree and stopped near to seaside. Others came out of the vehicle. D3 could not. His neck was injured. He could not feel his neck. His neck and both shoulders were injured. Nabilah took him to the hospital to get x-ray examination. The x-ray report showed this part of the body was injured. He felt he was still alive and he was recovered he will go back to Bangladesh to see his wife and children. The doctor told Nabilah to send D3 to Australia as soon as possible as this country had no treatment. Nabilah told the doctor that D3 was Bangladeshi national whether it was possible to send him to Australia. At that time, they put a bandage on his neck and gave him medication. Somon Sekdah took D3 back to Pango house. As D3 could not do anything, Somon Sekdah told everyone to held D3. This accident happened on 9 November 2017 and he started working again on 28 February 2018. He was looked after by his friends and in particular by some group of people who had just arrived from Bangaldesh.
      
1891. D3 identified the two houses at Pango and the rooms using Exhibit P4 (page 10). He lived in Room 5 of house No. 1 for 5 – 6 months. Somon Sekdah took D3 to another hospital. They gave D3 treatments and after two and half months later, D3 started to work again at the worksite. D3 said he was incapacitated for two months and half as he could not walk around. He was fed and they assisted him to go to the toilet. After 2 months and half, when he started to feel better, D3 decided to go back to work at the construction site. The first time he started work again, there were 20 – 25 people and the number increased. He started to work by digging the holes, he did half day work. The second day he came back and started working again the whole day. He collected the stones, cleaned the grass, and dug the holes again.
      
1892. In February 2018, when he started working at the site, he saw they have already cleaned the bush and they have already started to dig the holes. A number of people worked at Tana Plaza Russet site, Parvez Masud, Rofique, Kausar 1, Kausar 2, Mushahed, Jobban, Palas, Movajal, Sojol, Amir, Masum, somon Miah, Aslam, D3 (Anowar) and others. Shohad and Musharaf were looking after the work. When he worked again, he dug the holes, mixed the cement, set up 120 rooms. The rooms were for the shops of the company. When he dug the holes, he used a pic, spade and shavel. Most of them did the work he described above.
      
1893. D3 said apart form the work he did with others, he bult the shops and did electricals with Shohel, Kamrul, Nazul and others. But he did the main work. He did some decorating at the seaside. The people he mentioned were helping him with the electrical works. In June – July 2018, Somon Sekdah gave him VT20, 000 to purchase safety cloth, shoes and sun glasses for him. Somon Sekdah told him until the show room started; the mechanical work D3 will look after the construction work site. From there on he was looking after the work at the construction site at opposite Tana Russet Plaza. D3 and Palas looked after the work and that construction site. Musharaf and Shohag stayed with Somon Sekdah.
      
1894. D3 said he started work at 8:00am and finished work at 9:00pm or 10:00pm and went home at Pango house. He worked every day of the week except Sundays and Pubic Holidays. Shohag looked after the people who stayed at Pango house. After Shohag returned to Bangladesh, Nacir looked after the people at Pango house. D3 said he was never asked to look after the people at Pango house. He was looking after the cooking stuff. During Shohag supervision, no one was allowed to smoke and have alcohol inside the houses and no one was allowed to have a girlfriend at home. After Shohag left, Shohel and Kamrul put pressure to follow the rules. Apart from what he said, D3 said he was allowed to do everything.
      
1895. On the rules, D3 said if one needed something from the company, one had to talk to Shohag and Kamrul, Harun and Moinul first. He stated the following as other aspects of the rules:-
      
      • One cannot talk to Somon Sekdah directly;
      • When Somon Sekdah came no one was allowed to go close to him;
      • If one smoked cigarette, he had to throw the rubbish away, otherwise he will be beaten by Shohel, the accountant;
      • After that, they started to provide small amount of food and so no one was allowed to complain about the food;
      • They were not allowed to argue with another.
        
1896. In August 2018, D3 started construction work at Pango house. D3 said he had built the swimming pool between the 2 houses at Pango. Somon Sekdah asked him to do that. Somon Sekdah provided him with 8 people and the number was later increased. So D3 did not work any longer. He had to look after these people. Somon Sekdah gave him instructions and he told them to follow the instructions. The instructions of the design of the construction of the swimming pool, D3 and others also built the car park. They planted flowers. D3 did the wiring, repairing, and painting. They worked until the police proceeded with their arrest. D3 said he got paid for 5 months salary. He was paid 2 Lack 50,000 Toka the 5 months. They paid that money to Bangladesh at Shohag’s house. D3’s wife received the money. Somon Sekdah told him the money was paid.
      
1897. He said he was not paid 7 months salary, when he satyed at Pango, something Somon Sekdah, Palas and Moinul brought a cow, sometime 2 cows in 2 or 3 months for eating. They processed the cow the whole night and packed it and they went to work thereafter. People who worked and those who stayed at home processed the cow and cut it into pieces. Before they brought the cow, they slaughted the cow by cutting its neck 3 times. He explained how they slaughted the cow. After they processed the cow, the next morning he would put the rubbish into the dust bin. Sometime he would expect Saiful (the driver) to throw the rubbish away. Sometime Saiful left the rubbish there. Someone would have called Somon Sekdah and complained as Somon Sekdah got angry and treated D3 as foolish brother in law son in Bangla it was “salarbeta” means an abusive word. D3 felt bad and cried. Somon Sekdah told D3 to put the cow’s carcasses into his room.
      
1898. A copy of notice was show to him. D3 said the notice were the rules. He stated without permission, no one is allowed to go outside the house. D3 was asked of the notice of rules showed to him the previous day and that that notice was put on the hall of the room he was occupying. D3 said he did not see this notice. He saw Shohel posted a Notice that is handwritten on the wall. He could not remember all the rules. He could remember a few of them. He saw the notice was outside Shohag’s room at house No. 2 room 4. The notice was there for 2 – 3 weeks. One aspect of the rules was the respect the seniors. He gave the names of the senior people at Pango house. D3 gave his own name as one of the seniors. Nobody looked after the 20 – 40 people living at PAngo. There were people looking after the house. When all left the house, D3 said he was responsible for the Pango house for a period of 12 – 13 days. The workers came from Tassiriki, Town houses and worked at Pango house. D3 was looking after the site. So when they prepared food, he gave the necessary stuff. He gave them the meat, onions, spices and rice. D3 also said he was looking after people at Pango house so that they did not fight and who had meals, which had no meals, which was going to cook the food. Somon Sekdah provided the food. He executed these rules. He followed these rules otherwise they could report his failure to follow the rules to Somon Sekdah.
      
1899. Before he distributed the food to the people, he distributed the cooking stuff which was in his room. He had a rotation system for people to cook. Sometime, he told them to cook food for everyone. He said he had good relationship with everyone. He made reference to his record at Saudi Arabia, he never argued with anyone. He never disrespected anyone. He was not guilty. He was not misbehaved and no one will prove that he did misbehave with anyone. At Pango house, he never called anyone by their names. He had good relations with everyone. When there were heavy works, like digging holes, mixing cement or bulid the house, he did them.
      
1900. Exhibit P3 (page 5) was shown to D3. He denied having any knowledge with this document. The document was a certificate of registration from Vanuatu Services Commission. It was a certificate registering the business name of Shopping Crowd. The owner of that business was Anowar Hossain. D3 said he not knows. It was the first time he saw this. D3 was shown another document, an application for a VIPA certiciate of approval by investor for a new investment. That document had a cover letter from the Managing Director, Mr John Avock Mahit Tut. He was asked if he ever owned a business. He answered no. He denied he ever applied to VIPA. He was asked to see other pages, D3 said he could see everything but he could not understand. With the help of the interpreter, he said he never know of this. He never knew of this name, Shopping Crowd. He was shown to him that the name of investor was Anowar Hossain and the business name was Shopping Crowd. He said he could not read. He said he never signed this document. The date was 10 Januaty 2018. He did not remember anything happening on that date. You had recalled he was asked on time to sign a document. But he ever signed this document. He denied he applied for a business name and applied for a VIPA certificate. He denied the signature on the paper was his signature. Exhibit D3 (1), he has never heard of a business name Shopping Crowd. The business email address was [email protected]. D3 said he did not have an e-mail address. This email address was not his email address. The handwritten name was Anowar Hossain. D3 denied he ever put his signature on the paper. He never put his signature on the business name before the Vanuatu Financial Commission. He denied ever signed a document or this document on 11 December 2017. He denied his signature was on the paper, Exhibit D3 (2).
      
1901. Anowar (D3) was cross-examined by Ms Nabilah Bibi. D3 said he talked and knw Shohag, Mosharaf and Aslam in Bangladesh before he came over here. He met Somon Sekdah for the first time in Myanmar. However, he had talked to Somon Sekdah at least once when he was in Bangladesh when Somon Sekdah called him on phone.
      
1902. Anowar confirmed that he had accident in Vanuatu in 2017 in a truck driven by Somon Sekdah. In that accident, Abu Saef, Moinul and Anowar (D3) were seriously injured and others were less injured. After the accident, they returned to Pango house about 9:30 – 10:00pm o’clock. On 9 November 2017, a group of 15 Bangladeshi had just arrived in Vanautu. In the night of 9 November 2017, a meeting was held at Pango house, although, Anowar (D3) seemed not attending that meeting as he was injured. He accepted that there was no camera at Pango house at any time since he was at Pango until the police arrested him there.
      
1903. He confirmed his evidence that the cow was brought at night and processed. He accepted the prosecution evidence that the beed was not of quality. He accepted he had eaten the same food. He had remembered the Bangladeshi people who went to play soccer and went to buy cigarettes in the local shops. On the construction site opposite Tana Russet Plaza, he had recalled of Bangladeshi and local people working there. At that time, there was heavy duty machines belonging to a local company operated at the construction site.
      
1904. He was asked and he disagreed that they had chicken at Pango house but that chicken was provided just at the month of Ramadan.
      
1905. Anowar (D3) was cross-examined by Public Prosecutor and re-examined by Mr Livo. He confirmed his village name was Borobayadpar, not far from Mohamondopur. These two vilalges were 7 – 8 kilometres away from one another. These vilalges have common rural district with Shokipur. Shokipur was the commercial centre.
      
1906. Anowar’s highest education background was primary level. He did not attend a technical college. He did not have technical knowledge such as carpentry, electrician. But he had acquired practical knowledge through his working at Saudi Arabia in 2007 when he was employed into some of Government Company. He was given certificates. The company’s name was Saudi Military Uniform (SMU). He worked for Arabian Government Company for 16 years by tailoring and other technical works.
      
1907. After the 16 years of work there (Saudi Arabia), he had returned to Bangladesh. He was asked and he accepted for the 15 – 16 years tailoring in the Saudi Arabian government company, he had never received any technical training in carpentry, electrician, refrigeration, air condition and in building construction including swimming pool. He was asked about he speaking of his relations with people living at Pango house and he accepted he had made a good picture of himself, he looked after them. He would say the same thing for the people in Saudi Arabia and Bangladesh. Anowar (D3) had spoken of these people that he loved these people and they loved him in return.
      
1908. Anowar’s parents were still alive in Bangladesh. He had six (6) brothers’ and six (6) sisters. His father’s name was Abdul Rumid Talukdar and Basa Katun was the name of his mother. He was reminded of his earlier evidence, he had never disrespected anyone, including people in Bangladesh, and it was put to him that when he left Bangladesh, he had no good relationship with his family in Bangladesh as he lodged a case in court against his parents. Anowar denied that. It was pointed to him that the case he made against his parents was about land and money. He maintained he did not lodge a case against them.
      
1909. Anowar denied he took a case to court against his parents about land and money. In Saudi Arabia, he was shown as he was a good operator on sewing machine. He will have difficulty with stitches on the leather cloth he was sowing.
      
1910. Anowar was referred back to his evidence of people who recruited him to come to Vanuatu. He knew two persons named Nasmur, Jahitul also known by the name Joel, and Ashraful Islam. He was asked and he denied he had recruited people to come to Vanuatu and he had also denied that since he was here, he was also recruiting people whose names were mentioned to him by the prosecution.
      
1911. He was asked when he arrived in Vanuatu; he was greeted at the airport by Shohag, Palas, Alam Nure and Nabilah but not Musharaf. He maintained he was greeted by Musharaf, Shohag and the Musulman driver. He was taken to Tassiriki before he was driven to a hotel. He said he stayed in the hotel for 2 days and 2 nights and he denied he stayed for 7 nights as put to him. He denied Somon Sekdah took his passport away from him. He said Musharaf did take his passport from him and he saw Musharaf gave his passport to Somon Sekdah.
      
1912. On the accident of 17 November 2017 on the road he confirmed his evidence that the vehicle moved 4 times, hit a tree on the road and stopped close to the seaside. He said everyone came out he could not. He said his neck was totally broke. Nabilah took him to hospital. He said the doctor told Nabilah to send him to Australia.
      
1913. He confirmed the treatment he got from the hospital, he got a bandage on his neck with medication and Somon Sekdah dropped him back. He was asked and he said he understood the suggestion that the doctor said he needed to go to Australia and the treatment of just a bandage on the neck which was totally broken. He said he could not feel his neck; he was taken to the toilet. Musharaf and another helped him for at least two weeks.
      
1914. It was suggested to him that Musharaf and Jabal in their evidence said nothing like the way he put in. Both denied what he said. D3 maitained his evidence that that was what had happened. He was charged to pay VT6,000 for medical treatment. He was asked and he said the doctor said they will send him to Australia, New Zealand and India or Fiji. He accepted that the treatment that the doctor gave him corresponded to the examination of him.
      
1915. D3’s evidence was that by 28 February 2018, he was back at work doing manual work at the construction site at Tana Russet Plaza/ it was put to him that if his neck was broken as he said he would not even walk. It was put to him whether he understood what a broken neck meant and it was suggested to him that he said all that as excuses to get to the work. He said no.
      
1916. D3 said the accident was reported in the newspaper. He did not know whether it was reported to the police. The vehicle was Somon Sekdah’s vehicle. It was during the night, the road he was travelling on was a gravel road toward Norpow area. The vehicle rolled over 4 times because it was travelling at a high speed. It was put to him that the vehicle did not roll over 4 times because the injuries sustained by others were not very serious. He answered nobody died but Moinul, Abusaed and he (D3) were injured. He was asked and he accepted no one was hospitalized in the hospital and no one was admitted in the hospital. It was suggested to him that rolling 4 times, the vehicle was at full speed before hitting the tree and drive at night, if his description was correct someone would have died that night out of that accident. D3 said nobody died. He was asked that they way he described it never happened. D3 said that had happened.
      
1917. It was put to him he had exaggerated the facts. He said no. It was put to him he had in the same way exaggerated his evidence. He said no. He was asked by the prosecution that the exaggeration of his evidence was because he never suffered a totally broken neck. D3 answered his neck was broken but not totally broken. He was asked that his evidence was that his neck was broken and he exaggerated. He said no. He accepted the raod toward Norpow was not a straight road; it was a tricky to travel by night there. He denied that Somon Sekdah was driving at high speed and had applied on the brakes, the vehicle slided on the side of the road.
      
1918. He denied that was the reason why no one was seriously injured. At that tiem he was residing at house No. 1 and he accepted that the first two weeks he was unable to do anything and Moshahed and Jabal assisted him. He also accepted that during that period Moshahed and Jabal were living in house No. 2. Others too helped him. But most of the time those two. He remined that these two never gave evidence of the conditions he described. It was put to him and he denied he had exaggerated his injuries and that he was not truthful in his evidence.
      
1919. It was put to D3 that the accident did not happen on 9 November 2017 but it happened few days after 9 November 2017. This assertion was based on the basis that several prosecution witnesses who came on 9 November 2017 from Bangladesh have said; they were in Port Vila when the accident occurred several days after they arrived. One of the people who said the accident happened few days after they arrived was Mushahed. D3 said the accident happened on the same date those people came from Bangladesh. As Mushahed, D3 said what he did he did not know but the accident happened on that date. D3 accepted that Mushahed was the same person who gave evidence and it was to put to him that D3 and Mushahed were friends.
      
1920. He was asked about his house at Shokipur, Bangladesh. He denied he left his wife and son at that house. He denied that because of competing interest, his house was closed by the police. He said his house was rented out.
      
1921. He was asked about the number of brothers and sisters he said 6. He had 3 sisters and he accepted he had included his step brothers and sisters.
      
1922. He was taken to his evidence when he said in Myanmar, Somon Sekdah had joined him. He accepted the suggested Somon Sekdah was so impressed with him he said Somon Sekdah told him he was a navy officer. He was asked he accepted Somon Sekdah and Taibur took him and Parvez to do shopping but not others. At the construction site, he said Somon Sekdah gave him VT20,000 to purchase new security materials because Somon did not like what D3 was wearing. D3 said Somon gave money to him and few others. He was asked as to why he did not mention that in his earlier evidence. D3 answered because he was not allowed to talk about others.
      
1923. He was questioned that he was not truthfull to his evidence. He answered the question was not clear and he did not understand.
      
1924. D3 was questioned about his stay in Pango with reference to Exhibit P4 (p.10) showing where he was accommodated at Pango. D3’s evidence in chief was that he virtually lived in house No. 1 at room 5. He answered for 5 or 6 months. He denied for the entire time he lived at Pango house, he only lived in house No. 1. He accepted he also lived in house No. 2 in room 3. When he arrived, he stayed in room 5 and Shohag was responsible for the house at Pango. He was then asked that when Shohag left to Bangladesh he moved from room 3 to room 4 at house no. 2. He said no. He accepted he heard the witnesses said how he occupied room 4 house No. 2. He was questioned that this was the first time D3 denied. So why this evidence was not challenged under cross-examination. This was the first time he said he moved to room 5 of house No. 2. D3 said he said it to his lawyer.
      
1925. He was asked and he confirmed his evidence that the accident happened on 9 November 2017 and 28 February 2018, he returned back to work. He also accepted the treatments given to him by the doctor were the only treatments he received. He was asked that given the nature of his injuries, he was never treated by his therapy as it was not recommended. D3 answered the doctor showed him on the computer both his shoulder and neck, some meat from his shoulder were injured. The doctor told Nabilah to send him overseas.
      
1926. It was put to him he was exaggerating his condition when he said the meat (flesh) of his shoulder and neck came out of the bone. He was challenged by the prosecution that on 30 December 2017, during the period he said he was very sick, he was actually down at Tassiriki celebrating new year with others lighting crackers. D3 said Nabilah took him there and at that time he could walk slowly.
      
1927. He was taken back to Pango on his evidence that after Shohag left Nacir became the supervisor. It was suggested to him he was responsible for distributing rise and stuff for cooking and spcices. He said no. he said he became responsible after Nacir left. It was put to him that Nacir did not take over the responsibility before he left. D3 denied and said Nacir was fully responsible for the house at Pango. D3 said he was responsible for outside at the working site. D3 was challenged on his evidence as the day before; he denied he had such responsibility. D3 said after Nacir let, he distributed the food.
      
1928. It was suggested to him all the prosecution witnesses evidence was that after Shohag left, it was D3 who was the supervisor at Pango house. D3 said No. it was put to him that he was responsible at Pango house when Shohag left but not Nacir on the basis of all prosecution evidence. D3 said no.
      
1929. On the same basis, it was suggested to him that the prosecution witnesses disagreed with D3’s evidence that he respected everyone D3 answered what he said was correct. D3 was further confronted that Mushahed who was his best friend and Shohel Rana he said was a gentleman, said things about D3. D3 responded they were told to say these things. D3 was asked who told them. He said Shahine, Mushahed and their group. D3 was asked whether he knew what he said was a serious accusation. D3 said when they escaped they told him to join them but he did refuse. He was challenged as to the fact that he never said such things when the people who escaped gave evidence.
      
1930. It was put to D3 that according to the evidence of the people who escaped, D3 was equally responsible for their miseries. D3 said they made up this. It was put to D3 he was contributed to this as he was close associate to Somon Sekdah and supported in lawless supervisor at Pango by people like Biscuit Nacir, Sokip, Moinir (Shohag’s bother in law), Rafic and Saifir (the taylor). D3 answered saying no. It was also put to him those helped D3 to spy on the others and reported to Somon Sekdah. D3 denied saying no.
      
1931. D3 was taken to another point of his evidence, about the notice. D3 was reminded of his evidence in chief of 3^rd March 2020 when his lawyer asked him question referring to MFI (4) (a translation) he was shown the document. He answered yes. His lawyer asked him to look at the document and his lawyer asked him to look at the document and she asked him “have you seen this before?” His lawyers asked him further if he had seen this notice in any other place, D3 answered no. The very next following day in the morning, his lawyer continued questions with the notice rules. D3 told the Court how he saw Shohel put the notice. D3 even told the Corut the hall the notice was put on. D3 said he remembered few rules. That was a day after he had denied even seen the notice. And the prosecution put to D3 that he was again untrue to the Court. D3 answered no.
      
1932. D3 was asked if this was the same story he told the Court that his neck was totally broken when later on he told the Court that his neck was not totally broken after he was confronted by the Public Prosecutor. D3 answered the translator did not translate properly. He was asked that he put the blame on the translator although the same question was asked of him 3 times by the prosecution in this cross-examniation of D3 and whether he remembered about his oath. D3 said yes.
      
1933. D3 was asked about the swimming pool at Pango house between House No. 1 and House No. 2. He was reminded about his evidence that he was responsbiel for the construction site and that he was telling everyone how to build the swimming pool. It was suggested to him and he accepted that his evidence suggested that he was actually there building the swimming pool. He was reminded about questions asked of him about his qualification in construction building and he was then asked if he had a design for this swimming pool. D3 said no. D3 was asked whether he knew that such a design required to be approved by an engineer. D3 said what and how the company told him, he did.
      
1934. But he was challenged that as a constructor he has a responsibility to have a design, whether he knew that. D3 answered yes. He was then asked about the design for the construction of the swimming pool. D3 answered Somon Sekdah told him how to build and he built. He accepted he did not have a plan and a design of the construction of the swimming pool. He was asked again that as a builder he needed a design. D3 answered yes. D3 was further asked whether he had a permit from Shefa Provincial Council to build the swimming pool, D3 said he did not know. It was put to him that D3 as a builder had that responsibility. D3 answered Somon told him to build so he built. The swimming pool had no pumper and it had not been certified by any engineer. D3 did not know. It was put to D3 that as a very close associate, as favorite associate, he did anything Somon Sekdah told him even though not complied with the rules. He denied saying no. It was suggested to D3, he did all that to impress Somon Sekdah so that he could have him in his team. D3 answered no. Somon told him to stay there until the showroom was opened and Somon will give him his mechanical work.
      
1935. D3 told the Court also that he built the parking and did construction work in the other house at Pango. It was suggested to him that the idea was to transform the other house in a kind of accommodation; D3 said he did not know this. He accepted there were no plans, designs and permits for these other works. D3 was challenged that he held himself out as a competent builder but he did these works without proper certificates and permits from the Council. D3 was asked to respond. D3 said he never said he knew building work, construction work.
      
1936. D3 was asked and he admitted and accepted he was the builder and all instructions came from Somon Sekdah and how instructions conveyed to him by Somon Sekdah D3 was also a project manager. D3 said yes.
      
1937. D3 was asked about his competence in the electrical work. His evidence was that he attached the rope of electrical light from the house to the trees. He accepted tha Nazrul assisted him in doing this work. On his evidence, he was the main persons. He accepted he never mentioned Nazrul in his evidence. D3 also suggested he did some construction work at Tana Russet. D3 said he did it all. He was reminded of his evidence that he did not have prior technical or electrical qualification. D3 was asked that like wire needed to be handled by competent and qualified people. D3 answered he knew the work but he was not trained in a technical college. It was put to him that the way he gave his evidence about this, everyone was impressed. He held himself out as a competent electrician. D3 said he knew the work but he did not have certificates.
      
1938. D3 was asked and he accepted that he had shared with Somon Sekdah at Myanmar he was competent in refrigerator and air condition. D3 accepted that refrigeration and air condition required special skills. It was put to him he was not trained and qualified. D3 said he knew the work. He was then tested as to how many horse power he needed to start a washing machine. D3 mentioned number of kilograms. It was repeated to him the question was about the horse power. He said it will take more than 18 litres. It was observed that he got it wrong as it was less than (he needed just half of that). D3 admitted he did not understand that.
      
1939. He was asked about a wasing machine at Pango and on most occasions the victims were washing clothes with hands. The machine did not work and D3 was not able to repair it. D3 answered the machine was good, he did not find the tools to repair it.
      
1940. He referred to construction site at Tana Russet. He was reminded and he accepted he said that on 28 February 2018, D3 and Mushahed agreed to go and start work at the construction work. It was pointed to D3 that at that time, Mushahed was already working at the construction site. D3 said Mushahed was injured and stayed at home. It was put to him that this particular evidence was never put to Mushahed in cross-examination. Further that Mushahed said he had no agreement with D3 to go back work on 28 February 2018. D3 said Mushahed said that.
      
1941. D3’s evidence was that at the construction site, the workers were 20-25 workers and later on the number increased to 30. D3 was shown Exhibit P3 page 13 which contained the names of the only 22 people employed by the company Mr Price who the company also sought their work permit. The suggestion under cross-examination was that these are the only workers at Tana Russet construction site. The letter was read and explained to D3. The names of the 21 workers were read. D3 was asked if his name was read. D3 answered no. He was asked if he heard Palas’ name. He said no. He was asked if he heard Mushanaf’s name. D3 said no.
      
1942. D3 was asked about his details. He was reminded he was asked if the names his father is Hamid and D3 said yes and added Abdul. His mother’s name is Pasa Katum. D3 accepted these are the names of his parents. He was showed MFI (8). He was asked if he heard the evidence of Police Officer (Kenneth Whitley). D3 said yes. The police officer is interviewing D3 asked D3 of the names of his father and mother. D3 said no he did not. It was put to him that that suggest was never put to the said police officer. D3 said he did not know. It was suggested to D3 again that this question was never put to the police officer. D3 answered yes it was correct that they did not ask the police officer this question.
      
1943. It was suggested to D3 that it was more accurate to say that he changed his version of evidence and even his counsel could not follow. D3 answered why changing his evidence. He was telling the truth.
      
1944. D3 was taken back to MFI (8) where it said: “son/daughter of –“ there it mentioned that D3 was the son of Apdula. He was asked whether that was in the document. D3 answered something written there but he did not understand. It was shown to D3 also that the document also mentioned D3’s mother’s name as Masgadul. D3 said that was not his mother’s name. D3 was asked and he accepted he heard the police officer saying this was the information D3 gave to the police. It was put to him he mentioned the two names to mislead the police officers. D3 said no. He was asked and D3 accepted he heard the Public Prosecutor asked the police officer what he (D3) had told him of his father’s name and mother’s name. It was suggested to D3 the police officer in his cross-examination said that after D3 made the statement, D3 signed the declaration; D3 signed the declaration and the statement. It was suggested also to D3 that the police officer said D3 had been given opportunity to do or change anything but D3 did not. D3 answered he had never seen this police officer. He talked to another police officer. D3 ws asked whether he did tell his lawyer that he never saw this police officer before. D3 said yes. He had just seen him only in court. It ws suggested to D3 whether he was suggesting that he saw the police officer in court that afternoon when the police officer was in court for the first time. D3 said no. He saw him before when he came to this court. D3 admitted and accepted that these two names were not the names of his father and mother. It was put to D3 (Anowar) that when he mentioned these two names to the police officers he was lying. D3 denied saying no.
      
1945. D3 was taken to another point of his evidence of Friday 6 March 2020 after 2:00pm. This evidence was about Exhibit D (3) (2) which was shown to D3. It was a VFSC application. D3’s counsel showed the document to him. The document’s title was Vanuatu Financial Services Commission. D3 was asked by his lawyer to go to the Business name to be registered which was Shopping Crowd. D3 accepted his lawyers asked him question on this document. His lawyer asked him, whether he ever heard about the name (Shopping Crowd) or whether he ever heard that name. D3 answered to his lawyer that no. D3 answered yes that on 6 March 2020 he said he never heard the name Shopping Crowd.
      
1946. It was put to D3 that police officer Whitely gave evidence D3 told him (police officer) that his business address was Shopping Crowd. D3 denied saying no. It was suggested to D3 that that question and answer were in the second page in the middle of that page under question 5: What is you business address: Shopping Crowd. D3 said he never talked to this police officer. D3 was invited to go to the declaration in the middle of the document; there is a space for business address. According to police officer Kenneth Whitely, D3’s business address was Shopping Crowd. D3 agreed and signed the declaration. D3 said he did not talk to this police officer and he did not say that.
      
1947. It was put to D3 that on the basis of this document and the evidence of police officer Kenneth Whitely that early as 21 November 2018, D3 had not only heard about the name Shopping Crowd but he knew about Shopping Crowd. D3 answered no. He did not know and he did not talk to him. D3 was asked that when he said no to the question of his lawyer whether he ever heard of the name Shopping Crowd, he was not only lying to his lawyer but to the court as well. D3 denied saying no.
      
1948. He was taken back to the declaration page when he was asked by the police officer Kenneth Whitely and D3 told the officer that he was a business man. D3 said he did not talk to him. He was asked as a business man, his business has a name: Shopping Crowd. D3 denied saying no. D3 was taken to his record of interview. The evidence of police officer whitely was that he asked D3 what was the purpose of his arrival. The answer D3 gave him was that he came here for a job. Later on he saw that it was good to make business. So you decided to make business. It was suggested that the business he decided to do was Shopping Crowd. D3 said he did not talk to this police officer. They could investigate and find out. It was suggested to him that police investigate and came with the questions to him and D3 did not know anything about this. He never went to do. How his name came (was) there. It was suggested to him that was a question he could answer himself.
      
1949. D3 was asked to go to the next page of his record of interview. The question there was the police officer asked Anowar (D3) whether he knew the person whose name was Somon Sekdah. And the police said D3’s response after he asked D3 that question was, yes, because D3 said he wanted to do business with him (Somon Sekdah). D3 was asked whether he remembered the police officer giving that evidence. D3 said no. He did not tell the police. It was suggested to D3 that was how D3 decided to do business with Somon Sekdah here in Vanuatu. D3 said he kept repeating, he did not talk to the police officer.
      
1950. It was suggested to D3 that his desire to do business did not start when he arrived in Vanuatu. It was started when he travelled with Somon Sekdah on his way to Vanuatu. D3 said no. D3 was asked and he denied that he became very impress as to how Somon Sekdah spoke, conducted himself and how Somon treated him favourably. He said he did work after he came here, then he said Somon Sekdah told himto do work. D3 was asked that doing work was not the question; the question was of his desire to do business in Vanuatu. D3 denied saying no.
      
1951. D3 was asked series of questions as to how Somon Sekdah treated him favourably. He was reminded of his evidence in court and D3 accepted that in Myanmar:
      
      • Somon Sekdah told D3 that he was like an army officer;
      • Somon Sekdah took D3 for shopping while the others stayed back;
      • At Myanmar international airport, others were given things to carry but that D3 was given nothing.
        
1952. D3 was reminded and he accepted at the construction side opposite Tana Russet, Somon Sekdah came at the site and gave him VT20,000. He admitted and accepted that he had freely told the court as it was of significance to him. It was suggested to him it was important to him as it showed how he was treated by Somon. Because Somon Sekdah was showing him favour, D3 wanted to reprocate. D3 said he did not know. He worked. Somon Sekdah did not give him any discount about work. D3 was asked so when Somon Sekdah was asking D3 about information of people who did not respect the company rules he was ready. D3 answered never. Chabus, Musharaf, the manager and the accountant were close to Somon Sekdah.
      
1953. It was suggested to D3 that most of those people mentioned by D3 were not confronted in the way D3 had suggested. It was put to him again that he was treated well by Somon Sekdah that he wanted to do business with him. D3 responded no. He did show good behavior with everybody. It was put to D3 that the prosecution witnesses did not say that they said the opposite. D3 said few of them said and they all together said this because he was close to Somon Sekdah. But D3 said those outside the court room (referring to victims) were close to Somon Sekdah. It was suggested to him that he was one of those who was close to Somon Sekdah. He denied saying no.
      
1954. D3 was referred back to an earlier aspect of the question he was asked and it was suggested to him that because of the favour Somon Sekdah showed him, he was impressed by Somon Sekdah’s business conduct, he wanted to do business with him. D3 answered no. D3 was asked the Shopping Crowd was not an isolated event. D3 answered he did not know. It was put to him that it was done with his concurrence and knowledge. D3 said no.
      
1955. D3 (Anowar Hossein) was re-examined by her counsel (Mrs Karu). D3 clarified that when he was in Saudi Arabia, he worked for the government. He operated machines and did more than 100 tayloring machines. He operated these machines by side cutting to hiring.
      
1956. D3 explained he used to fill out the gaz and did electrical work in a company of 1,600 people in Saudi Arabia. He knew how to repair machines such as refrigeratrs and air condition by doing them, including electrical work with the help of an amercian friend who showed him how to do these work and D3 considered him as his fathers. This American man worked with him for 15 years he was in Saudi Arabia.
      
1957. As to his relationship with his family, he had good relations with his family before he came to Vanuatu. He had two mothers, one lived with him and his father and his father lived with his other wife in another house. In Vanuatu, he called his parents and talked to them at least one minute everyday. D3 called and spoke to this father for the last time in June 2019 after he was arrested. His father died in July 2019.
      
1958. D3 was asked of Hashraful Islam and he said he did not know him. He explained he went and lives overseas when he was young so he did not know all the people in his own area and Hashraful was from the same area but his villabe is far from D3’s village. He knew Hashraful when he came to Vanuatu.
      
1959. D3 was asked to clarify his evidence when he said his neck was totally broken. D3 attempted to explain the circumstances under which he was when the accident occurred without explain why he said his neck was totally broke. D3 admitted that when he said the vehicle rolled four (4) times was because others told him. The prosecution suggested to D3 that he had exaggerated his evidence on the injuries he sustained. D3 answered no. D3 said he injured his whole body. He could not provide a medical certificate because when he was at the hospital, they asked him to pay VT6,000 and D3 said he did not have the money. He had approached the Medical Centre one and a half month ago to tender evidence in Court.
      
1960. On his evidence that the accident occurred on the day that the group of people who arrieved from Bangladesh arrived in Vanuatu. He remembered that day because Jabbar brought him some food (“Pita”) and he said Jabbar arrived in Vanuatu on 9 November 2017.
      
1961. D3 explained the reason why Somon Sekdah gave him VT20,000 was to buy clothes. Before D3 wore normal clothes. Somon gave him the money for D3 to buy himself shoes and uniform.
      
1962. He was asked about his evidence that on 31 December 2017, despite the fact he was sick, he was at Tassiriki celebrating the New Year. D3 explained that his health condition was better than before. He could walk around inside the house. He could not go up the stairs. He could only walk on the same level ground.
      
1963. D3 explained his responsibility at the construction site was that Somon Sekdah showed him what and how to work and how many people working. Somon Sekdah gave him these responsibilities.
      
1964. On the evidence of Notice, rule, D3 said he referred to the rule that one was not allowed to complain about the food. He was referred to the rules and he said they were not all of the rules he saw outside Shohag’s room. D3 said that notice he saw was the handwritten. Shohag typed the notice and placed on the hall of his room.
      
1965. About the swimming pool and the design, D3 said he was not responsible to obtain the approval of the design of the swimming pool. It was the responsibility of the company. D3 was asked to clarify his evidence that as a developer he has a responsibility to do what Somon told him to do he did it. He was asked why? D3 answered probably because otherwise, they will cut his salary, they will not give him job and they will question him why he (D3) did not inform thm. D3 used “they” referring to Somon Sekdah, he said. He was referring to Somon Sekdah when he told the Court the design, permits to build the building. D3 said during these times, Somon Sekdah was responsible to obtain plans, designs and permissions. D3 said when he did these buildings; Somon Sekdah gave him instructions to build these buildings. If he did not follow Somon Sekdah’s instructions, they will stop him continuing working. They will stop paying his salary. As to life wiring, D3 said he was informed that the law required permission and he was not informed of that by Somon Sekdah or the company. D3 said he had installed all the electrical works at the construction site at Tana Russet Plaza. Somon Sekdah instructed him to do all these works on the construction site. As to the washing machine at Pango, D3 said it was in good order but the company decided that the victims should stop using the washine machine and they put aside. The victims used their hands to wash they clothes.
      
1966. That is the end of the evidence of Anowar Hossain (D3).
      
1967. Anowar Hossain (D3) appeared as a simple witness but in reality, he is a difficult witness. Part of his evidence was based on exaggerations (this was reflected in his evidence relating to the accident he described in his evidence in chief). He claimed to have technical competence in the engineering, electrical works and building, although he did not have the requisite qualifications. When he was confronted in cross examinations, he shift the blame on others, and especially Somon Sekdah and Nabilah. He is not a credible and trustworthy witness.
      
      5. Evidence of Palas Hosan [D4].
         
1968. He gave evidence to the following effect. He was born on 31 December 1992 in Rahitkato village, Borishal District, Bangladesh. Palas was a single man. Harun Rashid was his father and Jahanara Begun was his mother. Palas was a class 8 school level. He had a shared business of M Security Limited before he came to Vanuatu.
      
1969. His Shorife, of the same village told him of the work overseas on 7 or 8 March 2017. Shorife told D4, there is a country called Vanuatu. It is a good country. D4 asked Shorife of the facilities, Shorife told D4 if he would go there and work, the company will give him 50,000 Taka and the company will provide for food and accommodation. D4 asked Shorife how much he needed to pay and what kind of work they will provide him. D4 told Shorife to talk to his parents about this work overseas and will inform him 2 – 3 days later. D4 agreed for him to go work overseas. Shorife called D4 on 10 – 11 March 2017. D4 informed Shorife that he had agreed to go and work overseas.
      
1970. Shorife told D4 to deposit his passport, photos and ID cards photocopy and the money. He told D4 to deposit 50,000 Taka. Shorife told him to communique with Taibur and to deposit the money to Taibur. He gave D4 Taibur’s phone number. Shorife told D4 that if he went overseas for work, he will do any kind of work. Shorife did not tell him of whom D4 was going to work for.
      
1971. D4 contacted Taibur by phone. When D4 contacted Taibur, Taibur informed him that Shorife had already told him about him (D4). D4 said he went to Dakha with his passport, money, ID photocopy and 4 copies of his photographs and met Taibur at Dakha. D4 gave his passport, ID photos to Taibur at Uttora Dakha. Taibur told him to go back to his district and wait for his call. His flight will be within one week. He will call D4 a day before the flight date. Taibur told D4 to do shopping and got prepared. A week later, Taibur called D4 and told him that his flight will be on 22 March 2017. On 22 March 2017, D4 travelled to Dakha with his mother and one of his cousins. Taibur told D4 to go to hotel Jakaria at Hazichamp and met him at that hotel. D4 met Taibur at that hotel. Taibur took D4 inside a room of that hotel, D4 saw two people sat there inside. He did not know them. Taibur introduced both to him. They were Shohag and Musharaf. They were from Borishal. Taibur told them that they will travel together to Vanuatu. Taibur gave D4 his passport and some documents. Taibur, D4 and the two others went to the airport. D4’s mother and cousins stayed back in the hotel. D4 dsaid he went to Mazrat Shahajalal International airport with Taibur and the two others (Shohag and Musharaf). They travelled next to Myanmar.
      
1972. They arrived at Myanmar on 22 March 2017 at about 3:00pm o’clock. Taibur did all the processing of the documents and boading passes to Myanmar including immigration. At Myanmar, Taibur hired a taxi, they went to a hotel, Goot time hotel. Taibur arranged for the hotel. The receptionist took their passports and gave them a visiting card and the hotle manager told them to take back their passports once they left the hotel. They stayed at that hotel for a bout 7 or 8 days. Taibur took them to another hotel, Beauty Lano hotel. They stayed there for 26 days.
      
1973. On 16 or 17 April 2017, Taibur brought Nabilah Bibi to them and introduced her to them. Taibur told them that their flight will be on 18 April 2017 to Singapore. D4 and the two others travelled together with Nabilah Bibi to Singapore. Taibur stayed back at Mayanmar. Taibur gave them their passports and to them to travel with Nabilah Bibi. Taibur said Nabilah Bibi was the wife of the company’s owner. D4 pointed to Nabilah Bibi in court as the person he (D4) travelled with from Myanmar. From Myanmar, they travelled to Sinagpore. They arrived at Singapore the same day of 18 April 2017. Taibur had arranged for this travel to Singapore. They stayed at the airport for 8 hours.
      
1974. Then Nabilah introduced a person to them, Somon Sekdah. She told them he is their boss. D4 pointed to D1 (Somon Sekdah in court). Then Somon Sekdah talked to them. Somon took them to a restaurant and they had food. The travelled then to Fiji. Nabilah arranged for his flight to Fiji. They arrived in Fiji on 19 April 2107. They stayed in Fiji for 8 hours. Then they left Fiji for Vanuatu. They arrived in Vanautu on 20 April 2017 in the evening. Shohag, Musharaf, Somon Sekdah, Nabilah Bibi and D4 (5 of them) travelled to Vanuatu. Nabilah arranged for their travel from Fiji to Vanuatu. At the immigration, Nabilah answered questions asked of them in English. They stamped their passports and they left the airport. They wetn to a hotel at Number Two area. They stayed at that hotel for 7 or 8 days.
      
1975. Somon Sekdah arranged for their stay in the hotel. Somon took them in a house at Bellevue Road. They stayed there for 1 month and then they all went to Tassiriki House. They stayed at Tassiriki house for 15 – 20 days, then, D4 said he started working for Somon Sekdah. D4 stayed at Tassiriki House until the police arrested him. D4 worked by clearing the house, planted the flowers and grass behind the house. There was an empty space behind the house, so D4 said he planted vegetables and cleaned up the yard. He planted tomatoes, egg plants, round cabbage, cucumber and pumkins.
      
1976. Five other people came from Bangladesh when D4 was working at Tassiriki house. D4 knew only one of these 5 people, Nure Alam as he lives in the same villege with D4 in Bangladesh. These 5 people stayed with D4 and others at Tassiriki house. They were then 10 people in total living at Tassiriki house. Two of the people who have just arrived from Bangladesh joined D4 and worked with D4 planting vegetables. The three initials who worked were D4, Musharaf and Shohag. Moinul and Haslam joined them. The 5 people started to work at Tassiriki house, with a car park and then, they went on working at Pango house. At Pango, D4 did the clearing up of the yard, changed decoration, painting, put tiles on the floor and did some fencing.
      
1977. D4 said he worked at Pango house for a bout 3 months. At Pango house, first 5 people worked at that time and more and more people arrived from Bangladesh joined with them in the work there. Seven (7) people joined in the work. D4 said he then worked at Norpow house for Somon Sekdah. More people joined in the work there as they arrived from Bangladesh. D4 did furniture work at Norpow, such as beds, tables and sofa. D4 stayed at Tassiriki house. He went in the morning at 8:00 – 9:00am o’clock to work at Norpow and came back in the evening. They had lunch at 1:00pm. They had one houre to have lunch. They finished work at 4:00 – 5:00pm o’clock. Somon Sekdah picked them up in the morning and in the evening. There were 4 or 5 people who stayed at Norpow house.
      
1978. After work while waiting for Somon Sekdah to pick him up, he used his phone as there was a wifi connection to watch videos on Youtube or talked to his parents. D4 worked about 2 and half months at Norpow. D4 also did work 15 – 20 days at Tassiriki painting some pipe with others there. After this work at Tassiriki, he started working at the construction site opposite Tana Russet at Mr Price market. Somon Sekdah employed him there. Somon Sekdah was the owner of Mr Price market. D4 said he was working at Tassiriki, Pango, Norpow and Tassiriki again and now Tana Russet, Somon Sekdah paid his salary. At Tana Russet, D4 said he did any kind of work helping people who worked there. Before he started working at Tana Russet, there were 15 – 16 people working there before D4 joined them. D4 said he put the pipe in the soil, mixed the cement, did the floor, put the pot and made the slops. He said he put the roof referring to the tops of the shops, meaning the plastic pot and the plastic paper. He did painting and put the glud. He built a car park and helped doing electric work. He helped others doing the work there. He worked there for 1 month.
      
1979. D4 said he then worked at the house Somon Sekdah bought closed to the sea. It was next to the two houses Somon Sekdah had at Pango (house 1 and house 2). D4 used Exhibit P4 showed the third house near the sea. It was a house of 4 – 5 rooms of aluminium roof. No people lived at that house. D4 worked there. He changed the decorations as it was an old house. He planted flowers and did an internal road from this house to the two other houses at Pango. He worked there with others. D4 started working there at the beginning of October 2018 and in November 2018, the police arrested him.
      
1980. D4 said the police arrested him at the Devil’s Point with others on 20 November 2018 in the evening. D4 said he and others went there on 19 November 2018 after he and others were given back their passports and they were asked to go into a truck to the Devil’s Point. D4 and others were arrested by the police on 20 November 2018 in the evening.
      
1981. D4 gave evidence that apart from 50,000 Taka he gave to Taibur, he had given additional money of 6 Lak Taka to Shorife. Shorife received the money from D4’s father. Shorife did not tell D4 the company he will work fro. Two months after he arrived in Vanuatu, while he was working at Tassiriki house, Somon Sekdah told D4 that he was working for his company Mr Price. At Tassiriki, D4 said he ate beef and the vegetables they planted. They had the same type of food at the construction site. The company Mr Price provided the food.
      
1982. D4 said he worked 16 – 17 months. 1 month salary he did not take it and 2 months salary they did not pay him. D4 confirmed he and others spent a night and a day at Devil’s Point. They did not eat during that time before they were arrested by the police. Some people asked D4 about food. He had difficulty to find food at that time.
      
1983. Prosecution witness Alam Nure said D4 was responsible for his recruitment in Bangladesh. D4 said he was only giving information to Nure Alam before he left Bangaldesh that he will come to Vanuatu and Shorife and Taibur were responsible for his recruitment.
      
1984. Palas (D4) denied owning a business while he was in Vanautu. D4 admitted and accepted he heard about Asiant Junction only one time. D4 denied that the e-mail address [email protected] is not his e-mail address. He did not have an email address. D4 accepted the name written on the document was Hasan MD Palas and it was his name. But the address mentioned Pango Road is not his address as he never lived at Pango house. He only lived at Tassiriki house. The legal name of the application was Hasan MD Palas. It was his name. The signature there was not his signature. D4 said he only signed in Bangla language but not in English.
      
1985. D4 said the date of signature was 11 December 2017. It was lodged by Buxoo Bibi Nabilah which her name appeared there in the box. Palas said he had never applied for registratrion of a business name Asian Junction. The application for registration of business name at Vanuatu Financial Services Commission, Asian Junction Exhibit D4 (2). Palas denied ever applying to Vanuatu Investment Authority for a certificate for approval for a new investment. D4 said the name of the business was Asian Junction. The Foreign Investors details had his names as Investor 1. But the telephone No. 7772078 is not his telephone number.
      
1986. The email address: [email protected] was not his email address. D4 said he did not have an email address. D4 denied ever owning a 25% business in Vanuatu and he did not know about this 25%. Palas was shown the company’s name was Asian Junction. The name of the investor was MD Palas Hosan. D4 said he saw his name but it was not his company. He did not know anything about this. The signature there was not his signature. D4 said he only signed in Bangla letters. He could not write in English language. He could only write in Bangla. Palas denied ever signed a document on 18 January 2018. He said he signed some documents for the company but this signature was not his signature.
      
1987. Palas denied ever contacted the police in Bangladesh while he was in Vanuatu. Palas denied ever contacted a person in Bangladesh to talk on his behalf. Palas said he had never applied for an investment in Vanuatu and attached a police clearance, Exhibit D4 (3). He had never obtained a certificate of registration of a business name in Vanuatu from Vanuatu Financial Services Commission. He did not know where this Vanuatu Financial Services Commission was located. He was just working (for the company Mr Price). He had never seen a certificate of Asian Junction, although, Asian Junction was registered on 15 December 2017 in Palas’ name. He was not aware of this and he did not know where the office was. Palas gave evidence that after he arrived in Vanuatu, his passport was taken away from him and he did not have access to it. Palas said he was not aware that his passport had been photocopied and submitted to Vanuatu Investment Promotion Authority (VIPA). His passport was not with him at the relevant time so he did not know. He had never submitted the photocopy of his passport to VIPA, Exhibit D4 (4).
      
1988. Palas said he had never drafted a business plan when he was in Vanuatu. He denied of being assisted by any person. He did not have any idea. He did not speak English and so how was he going to do a business plan? Palas said he did not have any idea of a business cash flow. So, he had never submitted a business plan to VIPA. He did not know where the office was. Palas denied ever preparing a business cash flow for Asian Junction. He denied having got assistance to do so. He did not know of this. He said he did not have any plan to invest any money to Asian Junction. He had never taken any loan for business name Asian Junction. He said he had just worked for Mr Price and took his salary.
      
1989. Palas was asked about the business name Pulse Investment. Palas said he did not know. He denied ever design any name similar to this. He said he could not write English so he could not make a business plan. He also denied ever made a cash flow project for Asian Junction when he was in Vanautu. Palas said he could not write English, he could not read English. He could not type and did not know how to type.
      
1990. Palas said he never intended to invest or plan to invest on retails for an amount of VT146,531,250. His plan was to work and got paid a salary. He denied he ver got a plan for Asian Junction to sale furniture for VT20,000,000. He denied ever got a plan to have a next cash flow for 2020 for VT204,231,075, Exhibit D4(5) – Asian Junction Business Plan (5 pages document).
      
1991. D4 (Palas Hosan) was cross-examined by Nabilah Bibi. Nabilah asked Palas whether he had a connecting flight/ticket from Myanmar to Vanuatu. Palas responded he did not. He could not read. They gave him the documents. He hold the document and stood. He was asked whether Nabilah ever gave him any document or ticket at the Singapore airport. Palas answered he was holding his passport and Nabilah did what was necessary as he could not speak English. He was asked that at Myanmar, Taibur processed with all documents tickets from Myanmar, Singapore, Fiji and Vanuatu. Palas responded no. Taibur did not do all of this. Taibur only did for Mayanmar. Taibur gave him also some documents but he did not know for which country. Palas agreed that during his journey from Singapore to Fiji to Vanuatu no other documents were given to him.
      
1992. At immigration points in Singapore and Fiji, he was standing on the line while the immigration officers talked to him in English and because he could not speak English, Nabilah talked to the respective immigration officers. Nabilah answered questions the immigration officers asked and after that, they let D4 go. Nabilah was not with him at Myanmar immigration. There, D4 stood on the line and gave his passport to Myanmar officers but they did not aske him questions. Apart from Myanmar, in the other airports (Singapore and Fiji) Nabilah helped him preparing all his documents.
      
1993. D4 did not agree with Nabilah that the work he did at Tassiriki house such as planting vegetables, flowers, cleaning the yard were because he was staying at the house.
      
1994. Nabilah referred D4 to his police statement. D4 confirmed it was his statement and he signed it and his signature was on it. D4 was asked to go to question No. 5 and its answer relating to his business address and he answered Asian Junction. D4 said he remembered he gave his statement to the police. D4 was asked to go to question No. 6 and its answer: Has the business started – answer: The business has not yet started. D4 said the police asked him question in English, he did not understand English so Harun translated in Bangla to him. D4 also said he talked to Harun in Bangla and Harun translated his answers to the police. He did not know what Harun told the police officer.
      
1995. D4 remembered his lawyer asked him question about some documents. Nabilah reminded D4 that the document was D4 (1) about VIPA application. It was an application for approval certificate of a new investment by VIPA. D4 confirmed he saw that. The proposed name of the business was Asian Junction. D4 said he could not read. It was asked to D4 that his lawyer (Mr Livo) asked him whether he ever applied to VIPA for an approval certificate, D4 answered no, he had never applied but he always worked. D4 said he remembered. It was put to D4 by Nabilah that the statement D4 gave to the police and his evidence in court were not the same. D4 answered no he did not agree. D4 said he signed the document but nobody read it to him.
      
1996. D4 was asked and he said when he gave his statement to the police Harun told him his business address was Asian Junction. This was the first time he heard about Asian Junction. It was put to him the evidence he gave to the police and the evidence he gave to the court were not the same. He accepted he signed the document.
      
1997. He was asked to go to question 11 – what was the purpose of the arrival at the time, he answered he came as a visitor first and he met with Somon Sekdah and he decided to make business. He was asked if he remembered giving that response to the police. D4 said yes, he gave evidence to the police. But it was the first time he heard that name. Nabilah asked D4 that in order dor him to give his signature int eh document, he must have agreed to the content of such a document. D4 answered he did not know what was written in the document. They asked him to sign and he signed it. It was put to him by Nabilah that the evidence contained in the report were evidence presented by him to the police. D4 answered it was his signature.
      
1998. Nabilah invited D4 to question 13 in his statement that he knew this person by the name of Somon Sekdah and his answer was yes, he knew him well because he wanted to do business with him. D4 answered yes. Harun asked him question he answered but he did not know what Harun translated. D4 said the document was never read back to him. He was asked and he answered he remembered the police officer who took his statement gave evidence in court twice, his name is Kenneth Whitely.
      
1999. D4 confirmed he worked for Mr Price. He said Mr Price or Somon had not elected him as a supervisor. D4 said he worked as any other worker. He resided at Tassiriki house until the police arrested him with others at Devil’s Point. In Januaty 2018, Mr Mushahed was injured (Exhibit P19) while he resided in Tassiriki house. D4 was asked and he said he remembered Alamin fell from the truck driven by Somon Sekdah.
      
2000. Palas MD Hosan (D4) was cross-examined by the Public Prosecutor. D4 was reminded and taken to his statement to the police and his signature. D4 confirmed these. D4 confirmed his signature on the statement but said nodoby translated this to him and that they just asked him to sign. D4 said yes, he remembered. D4 accepted he was asked this was his statement, he signed it but he did not know what was inside. D4 said yes. He was asked and he confirmed he said police could not understand his language, only Harun could.
      
2001. D4 accepted he gave his statement to the police on 21 November 2018, it was suspended and this interview resumed and concluded on 25 November 2018. D4 accepted he signed his interview statement on 25 November 2018, he could not speak English. He also could not read English. He also could not write English. On the 2 days when he was interviewed (21 and 25 November 2018) Harun Rashid was the interpreter. D4 accepted that the police officer who interviewed him came to this court and gave evidence twice. D4 said yes, Whitely Kenneth with another one. He was told the others officer’s name is JHoelly and he was the interviewing witness. D4 said if he saw him he could recognize him. He could not tell as he could not read English.
      
2002. It was suggested to him that now because he told the court earlier in the evening that he did not know what was written inside the record of interview, he could not ask what he has been asked and what Harun was telling the police officers when interpreting his evidence. He was asked this question – that just like what happened in this court that evening, while he could not understand what was asked of him and on 21 and 25 November 2018, he could not understand what he was asked as it was in English. D4 accepted that suggestion and said yes.
      
2003. It was further suggested to him that similarly, like what happened in this trial when his evidence was translated into English. So he did not understand what Harun translated his statement in English to police officers. That was the reason why he told the court he could not understand what Harun told the police officer. D4 responded he understood what he said and what Harun said. But he could not understand their conversations (Harun and police officer). D4 said he trusted that what he said was translated into the Court. But he did not trust then.
      
2004. It was suggested to D4 that it might be that it ws not a question of trust but it was a question of the same method used by the police in obtaining his statement was now the same method used in this trial. D4 said when he talked to Harun he was not sure he translated what he said or something else.
      
2005. He was asked to go to question No. 10. The question was how many people travelled with D4 apart from Nabilah and others. D4 said Musharaf, Shohag and him (D4). Harun did not come with him. D4 accepted Harun came much later than him. D4 was asked to go to question 19 referring to a list of 12 names. D4 said he could not read. He was asked of a name on the list Jajal, D4 said yes.
      
2006. It was suggested he spoke to Jajal before he left Bangladesh. D4 confirmed. He was referred to question 20 suggesting that he had that talk with Jajal whether or not he was here or Bangladesh as it was not specified. D4 said he could not read that question. It was suggested to him that his evidence earlier was that he was directed to take a number of people to Pango house, Town house before headed to Devil’s Point. D4 answered Harun and Moinul sent him and others from Tassiriki house to Town house and then to Devil’s Point. In question 22 – his earlier evidence was that he had paid Shorife. D4 said Shorife and Taibur.
      
2007. It was suggested to D4 that the question that the Public Prosecutor asked him were reflected in the record of interview were answered given by him and translated to the police. D4 answered the prosecution read the answers and he could tell. It was put to him that the answers that were recorded in the interview were answered he gave to Harun and Harun translated to the police. D4 answered some of the answers he gave them. Some of the answers he might not give them. So he did not know.
      
2008. It was suggested to him he did not know because there were translated in a language he did not know. D4 said when the police asked him the question, he answered when he knew the answers, when he did not know the answers, and he did not answer. So he did not know what Harun translated to the police. It was suggested to him that this was the only statement he gave to the police. D4 said he gave his statement to the police. He was invited to focus on this statement. It contained information that will be part of this trial. He said he could not tell what was inside of this statement.
      
2009. He was invited to go to the third page, where he signed a caution not a declaration, that whatever he said may be used against him. D4 answered yes, he remembered. He was asked that at the end of that statement he stated he wanted to make a statement, that is, he was willing to make a statement. D4 said he did not know what was written there. They told him to sign it.
      
2010. It was put to him that that portion was translated to him he had understood it and singed it. He said he did not understand what was written there. They told him to sign. He was asked that because of this caution and that was going to be used against him whether he did discuss this with his lawyer. D4 said he kept his statement before he never saw this document. This was the first time he saw this. It was suggested to him whether he was saying that he had never discuss this important document with his lawyer. He said his lawyer told him he had a document. He said he told his lawyer but he could not read.
      
2011. It was put to him that the complaint he said in the court this evening was not put to police officer Kenneth Whitely when he gave evidence twice in this trial. D4 said he could not tell. He did not know anything about this document. D4 was asked whether he agreed that every word that Kenneth Whitely said was translated to him. D4 said his lawyer asked him (Kenneth Whitely) about this document. He said his lawyer asked him when Anowar gave evidence referring to Palas also giving evidence. He said Kenneth whitely answered yes. It was put to him again whether he agreed that Kenneth Whitely has never been confronted with this question that he (D4) did not understand what was int eh document. D4 repeated his lawyer did ask question to Kenneth Whitely, that like Anowar, Palas also gave his statement to the police. Kenneth Whitely answered yees. But D4 was again asked that police officer Kenneth Whitely was never confronted with these questions. D4 repeated he remembered his lawyer asked him 1 or 2 questions about this statement.
      
2012. It was suggested to him that this statement contained D4’s true statement to the police by Haaron, which was translated to him and read back to him by Harun that was why he signed it. D4 said no, never. It was suggested to him after the statement was read back thim. He was asked whether he wanted to change anything in the statement, D4 denied saying no. It was put to him that that was the reason he signed to 9 pages of his records of interview. D4 said what was written inside this document he did not know. They did not read back to him. They just asked him to sign only.
      
2013. D4 was asked about his personal details. He was asked and he said yes that he had told the court of the names of this father and mother and that he had two brothers. He denied that the elder of the two brothers was Henamur Hak. He was asked the second brother was Josim Urdin. D4 answered Josim Urdin was not his brother. Josim Urdin was related to him.
      
2014. D4 said he did not have a brother by the name of Josim Urdin. It was put to him these two people Henamur Hak and Josim Urdin were his brothers. D4 denied. He said he had two brothers. D4 denied. He said he had 2 brothers but not these names were mentioned. It was suggested to him that Josim Urdin mentioned used to work in Qatar before going back to Bangladesh. D4 responded he has a brother, he was working in Qatar and he is still working there. Josim Urdin is not his brother.
      
2015. It was put to him that Josim had worked in Qatar, returned to Bangladesh. But when the investigations started, he escaped and returned back to Qatar. D4 said Josim Urdin is not his brother. His brother went to Qatar in 2000. D4 accepted his sister’s name is Jorna Akta. D4 accepted he told his lawyer that he had met Somon Sekdah in Singapore after he was introduced by Nabilah as his boss.
      
2016. Nabilah, Somon Sekdah and others who travelled with Palas (D4) to Fiji to Vanuatu stayed in the hotel and moved to a rented house at Bellevue. At that time, Somon Sekdah took D4, Shohapand Musharaf in the seaside taking pictures. D4 spent some time with Somon Sekdah doing shopping and took pictures of these shops and sent to their families back at Bangladesh.
      
2017. D4 was asked if the sending of pictures to Bangladesh to members of his families have the effect or was designed to have the effect of showing his family members, how happy he was in Vanuatu but also created interest about working here in Vanuatu. D4 answered he sent the pictures to his families because they wanted to see him and there was no intent to send them those photographs. But he was asked the pictures he sent them were sufficient evidence of his welfare in Vanuatu. D4 said he sent them pictures and also spoke to them normally.
      
2018. It was suggested to D4 that it was during this early times when he spent tiem with Somon Sekdah, Musharaf and Shohag when Somon Sekdah shared with D4 his business plan and with the prospect for D4 to have a bright financial future. D4 answered Somon Sekdah was their boss. It was out of question. He denied. Somon Sekdah never talked or shared anything with him. It was suggested D4 would have wanted to know arriving in a new country when he had spent abit of time with his boss. D4 answered Somon Sekdah gave them instructions of what they would do in the morning and the next day.
      
2019. The suggestion was repeated as he did not answer and D4 denied saying no, never. It was suggested that D4 was so impressed with his boss business plan so he had readily agreed to support and help him in his business plan. D4 answered never. It was suggested that D4 wanted to do business with his boss. D4 answered never. It was showed to him a document Exhibit D2(1) during the earlier days Somon Sekdah treated him differently. D4 said his boss did not treat him bad or good. He treated him normally.
      
2020. D4 was taken to questions on his records of interview. In respect to question 11 D4 gave evidence and said he never wanted to do business with his boss. D4 was taken to questions 11 and 13 and their respective answers:
      

“Question 11: What was the purpose of your arrival at the time?

Answer: I came as a visitor first and when I met Mr Somon, I decided to do business.




Question 13: You know this person by the name of Somon Sekdah?

Answer: Yes, I know him well because I want to do business with him.”



2021. It was put to D4 (Palas) that he knew Somon Sekdah and he wanted to do business with him what he had to say? Palas (D4) answered he knew of course Mr Somon Sekdah because he was his boss. He answered to Harun and he did not know what Harun told the police.
      
2022. It was suggested two things to Palas (D4). What Harun told the police was in English and as he did not speak English, he would not understand. Palas answered with that. It was suggested to Palas (D4) that for the reasons put to him this was the reasons he gave Harun in Bangla and translated into English by Harun and recorded by the police officer. D4 said he answered to Harun but not this one. They asked him some questions. He answered. He gave his answers to Harun what Harun translated he did not know.
      
2023. It was suggested to D4 that he was impressed with Somon Sekdah’s plan. He was impressed enough to agree to recruit for Mr Price or Somon Sekdah in Bangladesh. Palas said never. It was put to him those engaged in the recruitement were the members of his own family in Bangladesh. Palas said no, never.
      
2024. It was suggested he used his father, he used his two brotehrs, and he used his brother’s wife (Josim’s wife) and other members of his family to recruit for Mr Price. Palas said never.
      
2025. It was suggested to D4 that he did so well that he had recruited so many people so that his boss was happy with him. He said never. It was suggested to Palas (D4) that it was at that point he did business with Somon Sekdah. Palas answered no. He always worked for Mr Price Company.
      
2026. It was suggested that at some point, there was discussions between his bosses Nabilah and Somon Sekdah about setting out a company. Palas said never.
      
2027. D4 was shown a number of documents by his lawyer and Nabilah as well earlier. It was shown to him a certificate of registration from Vanuatu Financial Services Commission. It was a certifcate of registration of a business called Asian Junction. The document said he was the owner of that business, Asian Junction. Palas answered he heard that. He did not know this registration on his own behalf or not. He could not read.
      
2028. But he was asked would he accept that now that it is translated the document says he is the owner. Palas said yes. He was listening. He was asked not to say he listened but to say he accepted it was translated to him. Palas said yes, he was accepting the translation and he had understood.
      
2029. He was shown D4 (2) which was shown to him before. This was the application of registration which led to the certificate of registration he had just seen. When confronted with this question, he said he never seen before but he now agrees that with the translation, his name was there as the owner. Palas answered yes, he saw his name. He was shown Exhibit D3 (page 10) – Document of approval certificate given to an investor issued to a company called Asian Junction. D4 said he did not know anything about this earlier. Palas said yes. Connecting with the certificate was the document Exhibit P4(1) relating to a company called Asian Junction. Palas answered yes, he remembered but he could not read. But he accepted if it was read to him and translated it was in the name of Asian Junction, he would accept that.
      
2030. It was suggested to D4 that it was because of thw way he answered the question, he had reservation in his answers. Palas said yes. He could not ready English.
      
2031. He was asked whether this summed up how he responded to questions relating to the content of the documents. Palas said yes. He could not read English but when it was translated to him in Bangla, then, he could understand; and because questions were translated in Bangla he answered questions. Palas said yes. When it was translated to him, he understood and he answered.
      
2032. He was referred to a number of documents shown to him earlier, Exhibit D4 (3), police clearance in Bangladesh. Palas said he remembered. He told the court he had no knowledge of this document. Palas confirmed he had no knowledge. Another document D4(4), application to VIPA. He was asked whether he did remember he told the court he had no knowledge to this document as his passport was not in his custody once he arrived in Vanuatu. Palas answered yes.
      
2033. Palas was shown Exhibit D4(5), business plan of Asian Junction. Palas recalled he was shown that document. He was asked it was translated to Palas in Bangla would he accept that. Palas answered yes. Palas was asked and Palas accepted the document consisted of 5 pages all written in English and English is a language he could not read and understand. He was asked and he accepted many things written in this document and translated to him. Palas was asked and he accepted what was translated in Bangla was the true translation and he understood.
      
2034. He was asked to go to the business plan relating to Asian Junction D4(5). He was asked whether he knew what the executive summary meant. He said no. The mission statement, whether he knew what a mission statement meant, he said no. The exportation of in-demand products whether he knew what the exportation of in-demand products meant, he said no. Marketing strategies, he was asked what the marketing strategies meant; he said he did not know.
      
2035. The business plan is for a company called Asian Junction. Palas accepted the translation was a true translation. From that document, a business plan contained lots of things Palas do not understand for 2 reasons. They were written in English but also the concepts of business for him to answer. So it was possible for him to write the document. Palas agreed saying yes. Palas agreed and accepted that this business plan could only be written by someone who understood English and could understand what was in it. Palas agreed and accepted the document could only be written by someone who had known the content.
      
2036. He was asked he was performing well in his loyalty to Mr Price Company and to his outstanding records of recruitment for Mr Price that at some point, there were discussions between him and his bosses of setting up a company for him. D4 said what the prosecution was asking he did not know. The question was repeated to Palas. Palas answered he worked for Mr Price company on the construction site. The business or company nobody had talked to him about that. It was put to him that he may have worked at the construction site at work. This company set up was recognition of his good performance. Palas said no, never.
      
2037. It was suggested to him, he was aware of this. It was a desire consistently with his answers to questions 11 and 13 of his records of interview. Palas said he did not know about this business. When he gave his statement he gave it to Haaron. He did not talked about business. Palas was asked that when the idea of coming to Vanuatu was withi him, he was attracted of making money as opposed to remaining in Bangladesh. Palas said yes, he came from Bangladesh to do work. It was suggested to him that this was a prospect of making money particularly when business will be supported by your bosses. Palas said no he did not agree.
      
2038. It was suggested Palas was embracing the idea of establishing a company to his benefit. Palas said they never told him about business. He always worked. He was asked that the idea of setting up a company came after he arrived in Vanuatu. Palas denied saying no. He was asked he had decided to set up a business after he arrived and met with Somon. Palas denied saying never.
      
2039. He was invited to go to his record of interview (Exhibit D4 (1)) and to question 11 – “What was the purpose of your arrival at the time”. Answer: “I came as a visitor first and when I met Mr Somon I decided to do business”. Based on this, it was suggested to Palas that the statement meant that he came first in Vanuatu and later on he decided to do business. Palas denied saying no. It was suggested to him that he came to Vanautu first as a visitor and then somebody decided that he did business. Palas said he did not know. He got just a visitor visa. He came here for work. It was put to him whether he could come here as a visitor and work without a work permit. Palas answered he could not answer that. The company must have known this because he worked for the company.
      
2040. It was pointed to him that he had complained of non-payment of 3 months salary. But for all period he worked in Vanuatu, he was working unlawfully. Palas said he did not know. If it was not under the law of Vanuatu, the company should have known this. He was asked if it ever came to him to check whether he had a work permit. Palas responded they came from village, they did not know whether they needed work permit or not.
      
2041. It was put to him that when he was in Bangladesh he was not involved in the share business? Palas said it was share business. It was a marketing business. He bought shares and sold them. He was asked he said he knew Jajal Janadar. Jajal was a relative of his from whom he borrowed money for his business working. Palas denied saying no.
      
2042. Palas was referred to question 13 in his records of interview (Exhibit D4 (1)) – “you know that person by the name of Somon Sekdah?” Answer: “yes I do business with him”. It was put to him that when Palas said no before lunch time when the same question was put to him he was lying. Palas said he did not lie. Palas’ suggestion was that there was no desire to make additional money. But Palas was a businessman in Bangladesh. Making business is making a profit. Palas answered when he was in Bangladesh, he did a share market business. He did 15,000 – 20,000 Taka.
      
2043. So when he came to Vanuatu, it was put to him that he understood what means making a profit from a business. Palas said he came from Bangladesh to Vanuatu to work. He did work but he did not do any business. It was suggested to Palas that it may be agreed that he came here to work but when the opportunity to do business arises, he agreed to this. Palas said never.
      
2044. It was suggested to him that a number of couments were shown to him specifically D4 (1), D4 (2), D4 (3) and D4 (5). Application for VIPA (D4 (1) – D4 (2)) were written in English he did not understand. He accepted he could not write those materials. It was suggested they were prepared by others. They were prepared by his bosses (Mr Somon Sekdah and Ms Nabilah). Palas answered he did not know. They prepared for his good. He told the court he came here to work and he expected the company will get the work permission for him. He said he worked for the company when they prepare the permission.
      
2045. It was suggested whether it was his evidence that whatever the situation he was not to worry about the law. Palas responded he did not know whether it was against the law or not. He was asked whether he suggested that if he worked unlawfully in this country he did not care. Palas did not answer to the question. He was asked to anser the question.
      
2046. It was suggested to him because he knew he could not understand English, he expected Nabilah and Somon Sekdah to help him with the documents. Palas answered no, never. Palas was taken back to document D2 (1) records of interview, question 7. The answer you gave was in the context of questions and 6. Because he said his business address was Asian Junction, he said Mr Somon Sekdah provided him with the licence.
      
2047. He was asked whether that did not suggest that because he could not prepare the document Somon Sekdah provided him with a licence to operate a business. Palas answered what the answer was there he never told Harun. Harun made up theses answers. It was put to him that when Harun gave evidence, Harun was not confronted with these questions. Palas did not do so.
      
2048. Palas responded he did not see his statement at the time. He saw his statement few days ago. He was asked since his lawyer has his statement whether he did discuss this with his lawyer. Why did Palas not discuss this with his lawyer? Palas said 2 – 3 days before Anowar gave his evidence; his lawyer showed him his statement.
      
2049. But on 25 November 2018, when he made his statement, he knew that when Harun was the translator. He then suggested he knew this when his lawyers showed his statement to him Palas said yes. He was asked before his lawyer knows this he knew this before his lawyer as he knew the existence of the document. He had an opportunity to confront Harun on this and he never did. Palas answered when he talek to his lawyer used Bangla – English – Bishlama to explain to him what he tried to say.
      
2050. Palas was asked not to blame his lawyer. This is a record invention, he never told his lawyer. Palas said he was not blaming his lawyer for this. He told his lawyer Harun gave this. Harun said that because he could not say more than that.
      
2051. It was pointed to Palas that Police officer Kenneth Whiteley gave his evidence and was cross-examined twice in relation to his evidence and Anowar and Palas’ evidence. On both occasions, Kenneth Whiteley was never confronted with what it was alleged Harun did during the interview. Palas answered Harun did not take his statement. His statement was taken by the police. He gave his evidence in Bangla. Harun translated this to the police officer. It was put to Palas that it was never suggested that Harun manipulated this. Palas said police selected Harun to do the translation. He did not choose Harun.
      
2052. Palas was referred to question 7 and question 51 where Palas made certain suggestions of not knowing Asian Junction. Palas was asked if he did have any knowledge of this company Asian Junction. He answered no, he had no idea. Only on Monday Somon Sekdah told him he was the owner of the company. Palas said he heard the translation made to him. That was correct but he did not say that. It was suggested to Palas that his answers suggested he was aware of the existence of the company (Asian Junction) on 19 November 2018. Palas responded on 21 November 2018 at the police station he heard of Asian Junction. Harun translated to him. He had no idea of what Asian Junction was.
      
2053. He was asked that on 19 November 2018, Somon Sekdah told him he was one of the owners of the company Asian Junciton. He showed him the papers but he could not read the papers and which papers Somon Sekdah showed him. Palas answered Somon did not show him any documents. On 19 November 2018, Harun and Kamrul returned his passport.
      
2054. He was referred to question 58 and flowing from his answer to question 51 and when Somon told him that and showed him the papers. Palas said it was in the office opposite Traverso. Palas responded on 19 November 2018, Harun called him and told him to come to the office. He went into the office. He waited Haron told him he was busy and did not have the time to talk. He went back home. It was put to him he never told the police or Harun what he just said. It was never recorded in his records of interview. Palas said Haron asked about this question and he told Harun about this.
      
2055. As to question 51, he was asked whether he had any knowledge about Asian Junction, he said no and at that time he did not understand what he said. As to question 50 (in the interview), he said when Harun told him of Asian Junction, he did not know. He thought it was a country name or a food name. He said he had no idea. As to question 51, it was put to him that it was not about a countr or food, it ws about a company. Palas as a share market businessman he would have known this. Palas responded he was not a share market business. He said he sued to buy and sell shares. That was his work. But he was asked that buying and selling shares was in a trading share market business. He could not tell it was share business or work.
      
2056. It was suggested to him that in the record of interview he told the police when Somon Sekdah showed him the record of the company, he refused. Palas said nobody showed him the document or told him anything about this. Palas was questioned that when Somon said Somon showed him the document, he had never denied his connection with Asian Junction. Palas confirmed he never said it. It was put to Palas that when he was asked of question 7 – who gave him the licence? He said Mr Somon. So he never told the police – he refused. Palas responded he did not prepare the statement. He told Harun and Harun told the police.
      
2057. Palas was asked – was the answer his answer or Harun’s answer as he did not understand English. Palas said Harun did not ask him the question and he did not ask this. He said he did not know hwo made the answer. It was Harun or the police. He was asked he did not know who made this up. He also said the police made up the answer because they recorded all questions and answers. Palas answered no, he did not say that. He said Harun asked him questions in Bangla and he answered in Bangla. But Harun did not ask him this question and he did not answer to this question.
      
2058. Palas was asked if he agreed that Police kept records of the interview. Palas responded he did not see anyone writing. He saw a police officer typing and asking questions. Palas was asked and he accepted this were the records of their questions to him but not all of them. It was suggested to him some of the questions were made up by the police. Palas responded some of the questions in the statement at that time police did not ask him.
      
2059. It was suggested to him whether this records of interview was inacurrate. Palas said he did not hear all the questions. They asked him some questions they did not ask him other questions. It was suggested if his version was correct what police did was very serious misconduct. Palas answered Police did not ask him questions, Harun did.
      
2060. Palas was asked of what he said when he answered the questions in Bangla. Palas was spoken to Harun. Harun did not translate that accurately to the police. Palas said he answered correctly when Harun translated to the police. Harun knew that he translated properly or not. He was asked whether he was suggesting that Harun did not translate properly. Palas responded he was guessing.
      
2061. It was put to him whethen Harun translated properly or not. Palas answered Harun knew. He could not tell or he did not know. Palas was asked most of answers he did not agree with Harun who was not translating properly. He said he answered properly. Harun translated. But what he said he did not know. Palas was asked who did he think was responsible for the answers he did not agree with, was it the police? Palas responded police selected Harun. He did not know Harun came along. Police brought Harun.
      
2062. Palas accepted he arrived in Vanuatu in April 2017 and that the certificate of the company Asian Junction (Exhibit P3 (page 8)) was sealed on 15 December 2017 which was 8 months after he arrived in Vanuatu. Palas also accepted that the VIPA certificate (Exhibit P3 (page 10)) was sealed on 25 January 2018, 9 months after he arrived in Vanuatu. Palas was asked and he accepted that by 8 – 9 months he became accounted very well with his bosses.
      
2063. It was suggested to Palas that by that time his bosses had observed how loyal he was particularly recruiting people. Palas denied that when the police asked him of his business address, he was able to answer them: Asian Junction. He said he never said that.
      
2064. Palas was then asked with set of questions. He was asked he has a brother called Josim with some other names. It was suggested to Palas that Josim was the one who had gone to Qatar. Palas answered that before he was arrested he talked to him. Josim was at Qatar. It was suggested to him it seemed it was a positive answer. He has a brother Josim who was at Qatar. He was specifically asked if he has a brother called Josim who was living at Qatar. Palas answered yes, his brother live at Qatar. Palas was asked and Palas said he remembered many witnesses gave evidence that he has a brother called Josim and that Josim has a wife also.
      
2065. Palas was shown with Exhibit P8 (pages 1 – 5). Palas was asked if he knew the following persons: Alam Nure, he said yes; Moinul Asan, he said yes the manager of the company (Mr Price); Muhammed Haniru Islam (Jodip), he said yes; MD Kausar (fat one)? He said yes, he was related to one of the Kausar; Mia Masum? He said yes; Amir Hosen one called Amir Natar; Movajol Hosen? He said yes; Josel Movajel, he said yes worked with them; Alamin? He said Artikul Rahman, no. Also known Naim, he said yes; Saiful Islam (driver), he said yes; Mehedi Hassan, he said yes; Ratikul Islam (Josim’s brother in law)? He said no. Also known as Aminur Islam, he said yes used to work in the office; Imran Khan? He said no or also known as Imran? He said no; Kali known also as Kirrowan? He said no; Parad Hussein? He said yes, worked with them in the company; Mohammed Kausar? He said yes; Faruk MD Hassan also known as Ibrahim Dalk (he came with the last group)? He said no; Ibrahim Mohammed Dali? He said no.
      
2066. Palas was asked that according to police investigation these people told the police that they were recruited by Palas or members of his family including Jajal, Josim, his other brother Enamur Hak, his sister in law (Josip) and also his father directly or indirectly Palas was involved in the recruitment of 21 people. Some of these people have given their evidence in court. The extent of Palas’ involvement was not just contact and listing them but also indirectly collecting money from them by providing bank accounts to those recruited. Palas answered the people listed some worked with them.
      
2067. Palas denied that in recruiting people, he told them to go to places like Cuba. He was asked and he denied he promised jobs in shopping centres, restaurants and show rooms.
      
2068. In relation to his brother Josim, Josim’s bank account number was given to some of those people when working for Mr Price. Palas answered yes, he heard they mentioned the name Josim Urdin, then Josim. He was not sure about this. Palas was shown Exhibits P13, P12 and P11. Exhibit P11 was a name of an account holder in that document. It was written in Bangla. He was asked to confirm the name was Josim Urdin. Palas said no. The name was Josim. With Exhibit P12 the name was Mohammed Josim Urdin, Palas confirmed. With Exhibit P13, the name of account holder was also Mohammed Josim Urdin. Palas also confirmed. Palas confirmed he heard witnesses said they deposited the money in that bank account. Palas was also asked that witnesses also said money also was deposited in Josim Urdin’s wife account. Palas said no. It was suggested to Palas that Jadap Hasan Somon who gave evidence said he deposited money in that account. Palas answered yes but she was not his sister in law.
      
2069. It was put to Palas that he was associated with Josim recruiting people. Palas said yes, he heard witnesses said that but Josim Urdin is not his brother. It was put to Palas that not only Josim Urdin was involved in the recruitment but also his brother Emanur Hak and his father as well. Palas denied their involvement in the recruitment of people for Mr Price.
      
2070. Palas was asked that Josim was actively involved in the recruitment. Josim sometimes accompanied the recruited people in India on behalf of Mr Price on Palas’ behalf. Palas answered he heard Josim Urdin and one was Josim which one?
      
2071. It was suggested to Palas that there was about a group of 10 people apart from Shahine who was sitting in court, there was also Mohammed Kausar, Palas was expecting him. Palas responded Fat Kausar. It was suggested that it was not fat Kausar but Mohammed Kausar, he was recruited by Palas’ brother Enamur and Mohammed Kausar had been given something from him given by Palas’ brother to him in India. Palas responded he does not have any brother by the name Enamur.
      
2072. It was put to Palas that he was lying. Palas said no, he was not lying. He was asked that his brother was a primary teacher. Palas responded he did not have any brother by the name of Enamur Hak. Palas was informed again that the evidnce from one of the victims was that Palas’ brother has travelled as far as India. Palas answered his brother lives in Qatar not in Bangladesh.
      
2073. It was suggested to him that his brother had returned to Bangladesh. In India, his brother Josim gave something to Kausar to bring to him (Palas) here in Vanuatu. Palas answered never. It was put to him that when it was given to Mohammed Kausar, it was witnessed by few others. Palas said his brother was in Qatar. How could he give stuff? It was suggested Josim was no longer in Qatar as he had escaped from the police. Palas responded before he (Palas) was arrested he was in Qatar. After he did not know. He could not communicate with him.
      
2074. It was suggested to him that the item that was given by his brother to him was a pair of night shoe given to Muhammed Kausar to give to him. Palas said no. The pair of night shoe was the one he wsa wearing in court (on that day). Palas said when he was in Bangladesh he used to wear night shoe. He bought them from Bangladesh. Palas was asked that his recruitment and collection of money did not confine to operation in Bangladesh, it was extended to Vanuatu as well. Palas denied saying not in Bangladesh and neither in Vanuatu.
      
2075. Palas was asked that the group of recruited people that was the last to arrive in September 2018 were required to pay money to set up businesses in Vanuatu. Palas personally went to Pango and demanded that they deposited money for business into an account but also outstanding amounts that they still had to pay pursuant to an agreement they had to pay before they departed for Vanuatu; and to some of them Palas gave the details of the account; Palas personally insisted the money be paid into Brac Bank Gulshan Branch Dhaka; the account number was 150 1e0 189 0896 001; there were the details Palas gave to people to pay money into. Palas denied either provides account details to pay money into or asked anyone to pay money into an account. He heard in the court victims said he told them to deposit the money into the said account.
      
2076. It was suggested to him that on 17 October 2018, Palas went to Pango house; he called Anowar to call Shahine and Kamrul Hassan. Palas answered he was not sure about the date. On Sunday he went and walked around. It was suggested to Palas that when they came out, Palas told Anowar to tell them that if they did not pay money for business the next day, they will be removed from their rooms and will be taken out of the house. Palas denied saying that to Shahine. He heard Shahine said that in his evidence.
      
2077. It was suggested to him that Shahine refused to pay and Shahine said he will only talk to Somon Sekdah. So on 23 October Somon Sekdah and Palas went to Pango house to confront Shahine. Palas said no. They never went. It was suggested to Palas that Somon Sekdah demanded the money from Shahine to pay and Palas was standing beside Somon Sekdah and one could hear you called Somon Sekdah “Zeeman, Zeeman”.
      
2078. Palas answered these people working used to call him “Mama”. They did not go to that place at that time. It was suggested to Palas that the word “Mama” heard from victim witnesses, they were compelled to use it but they way Palas used it “Zeeman Zeeman” connoted expression of loyalty or someone who followed bluntly another person. Palas responded “Hoy Mama” and “Zeeman” have the same meaning.
      
2079. Palas was informed that he was not ansering to the particular question, he was asked again about his role, his family and extended family members about the recruitments of people for Mr Price Vanuatu. These family members have their names already in the documents exhibited. It was suggested to Palas that in recruiting the greatness numbers of people for Mr Price, he was able to utilize this network and was even able to arrange for payments into the accounts fo your members of Family, was not it right, he was asked. Palas answered he never recruited people about Mr Price. He never provided any account details. He was asked how his father, how his two (2) brothers could be involved. Palas said none of his family members were involved. The names read from the exhibits are not from his family.
      
2080. It was suggested to Palas that he did that as he got something to gain to show his loyablty and ulterior motive wasn’t it right? Palas said never.
      
2081. Palas was reminded of the question of his involvement in the recruitment and his connections with Jajal. Palas was showed exhibit D2 (1) on question 20. The question asked was the prosecution had information he was involved in the recruitment of Jajal, Al Amine, Shahine and others. Palas answered yes that he told Jajal and Jajal told other people. Palas said he also collected money from those. Palas was asked if he had remembered giving that statement. Palas answered he had remembered he gave evidence but he did not give this evidence. He still remembers what he said.
      
2082. He was asked that his last statement was yes he still remembered what he said. There were 52 questions. He challenged some of the answers recorded by the police. This document Exh. D4 (1) was the record of interview by the police on 21 nd 25 November 2018. Palas was asked if he kept a record of all the answers he gave to the 52 questions. Palas said some of these he remembered some he did not. He was asked if he kept a record. He said he did not answer to these questions. Palas was asked if he did keep a written record. Palas admitted and accepted he id not have a written record.
      
2083. In his evidence in chief, he suggested that his role and task he performed were minor equivalent to some provided by the victims. Palas had suggested some have supervisory role; he was asked if he remembered saying that. Palas said yes his lawyer asked him questions relating to his work. He did not ask him question about supervisory role. His lawyer asked him questions about Tassiriki. Palas was told that he told the Court he did not have supervisory role at Tassiriki. He had the evidence of witnesses that he was the supervisor at Tassiriki house. Palas said he remembered some of the witnesses gave evidence saying he was supervisor at Norpow, Tassiriki, construction site, leader and foreman. But he was just one person.
      
2084. Palas was reminded of listening to the question. Palas was asked question about Tassiriki house. It was put to Palas that he was the supervisor at Tassiriki house. Palas said no, never. He was a supervisor at Tassiriki house. Palas was asked so he accepted he was the supervisor at Tassiriki House. Palas said no, never. Palas was shown to D4 (1) on question 17 where did he live while in Vanuatu. The answer he gave was Tassiriki and he was in charge of Tassiriki. He was asked if he remembered. Palas said he lived at Tassiriki. He never said he was in charge of Tassiriki house.
      
2085. On question 28 who owned that property? The answer he gave was it was Mr Somon’s property but he was in charge of the property and the people who lived in the property. Palas was asked what he had to say. Palas answered he said many times he lived at Tassiriki house. He never said he was in charge of Tassiriki house. It was suggested to Palas that he said two (2) times that he was in charge of the property and people living there. Palas said Haron asked him question about Tassirki house. He said he answered he lived in Tassiriki house. He never said he was in charge of Tassiriki house.
      
2086. Palas was asked there was a significant difference between living in a house and being in charge of that house. Palas said he did not agree with that. Palas was asked he saw no significant difference between living in and being in charge of? Palas said he was never in charge of. Palas was asked to answer the question.
      
2087. Palas said he stayed in this house in the night. Palas was asked again, was there a difference between living in this house and being in charge? Palas said there were two (2) things but he did one thing. He stayed in the house. He was asked when his two different things meant stayin gin the house was different from being in charge. Palas said he was using one thing. Palas was asked if he understood the difference. Palas said he understood they were two (1) different things. Palas was asked if he understood the difference in the two – living in the house at Tassiriki and in charge of the Tassiriki house. Palas said no; he was never responsible for Tassiriki house and Somon Sekdah never gave him this responsibility.
      
2088. Palas was stopped as he was not answering the question. It was put to Palas that he was simply not truthful and ke knew. Palas said what he said was true he clearly remembered. Palas was asked of the references to two questions 17 and 18. If the answers to the two questions were not clear enough then Palas was invited to go to question 24 when Palas made comparison with himself and others. Somon Sekdah instructed Palas to look after the house at Tassiriki. Palas was asked if he knew of any Bangladeshi with that responsibility who was looking after the camp, that was the thrust Palas said everything was clear. What he answered, he remembered.
      
2089. Palas was asked that he was just saying that he could remember the answer, could he remember the question 15 and what was his answer Palas said he could not remember he asked to be reminded. It was explored with him as to his role as supervisor at Tassiriki house. Palas said he remembered that. It was said Palas denied that Josim is his brother.
      
2090. He was reminded his brother’s name was Josim Muhammed Urdin. Palas agreed they mentioned the two names but both were not his brother. Palas was asked that he maintained that Josim was not his brother notewithstanding the evidence Palas said Josim Urdin was not his brother.
      
2091. Palas was asked he restated he has no person of Josim connection. Palas said he did have connected with Josim and Josim Urdin. Palas was asked he spoke with the police on 21 and 25 November 2018. Palas said he remembered. He talked to Haron not with the police. Palas was shown Exhibit D4 (1) and question 44. Police asked him questions and Haron translated to him. The answer was that Palas said he was related to Josim as a big brother. In the face of continual denial, what Palas had to say? Was he related to Josim? Palas answered yes, he answered this question to Haron. He said he told Harun Josim’s full name. Haron did not translate his full name.
      
2092. Palas was asked whether the question was of Josim full name or Palas’ relationship. Palas said Harun had his brother’s full name. It was suggested to Palas that if Harun had asked that question he knew that Palas was Josim’s younger brother. And if Palas was right, question 43 should be focused on that.
      
2093. It was suggested to Palas that he was not truthful in his evidence. Palas knew what he laid about the question and he lied about the relationship about Josim. Palas said he answered to this question but if it was not translated. It was suggested that the answer to his question was yes as he said he was related to Josim as his big brother. Palas said no. It was asked that there were other aspects of controversies as to where Josim was living. Palas accepted saying yes. Palas said Josim was living in Qatar but this time he did not know where he was. Palas said this was not what he said the day before.
      
2094. This statement was given on 21 – 25 November 2018. Question 45 was police asked Palas a simple question following from Question 44. Police only used four words, using present continuance tense on 21 and 25 November 2018. That question would not be asked if Palas did not confirm that he was related to Josim. Police asked Palas, where was Josim living? And Palas’ answer was: in Bangladesh. That was Palas’ answer. That was what was suggested to Palas, Palas said no. He was living in Qatar. Palas was asked to tell the Court which one is true? Was Josim living in Qatar or Bangladesh? Palas said in that time he answered in Qatar. It was suggested to Palas that the answer in the record of interview was the true answer. Palas said Qatar. He could read what was written there.
      
2095. It was suggested that because Palas could not read what was written in the document was interpreted to him by the interpreter. Palas accepted that what was translated to him reflected the true translator in his previous cross-examination. Palas said he remembered that. It was suggested to Palas in his role of supervisor and and as to how to enforce the rules of the company by Somon Sekdah and there were consequences for disobediences. Palas said he was not a supervisor. Somon never gave him responsibility as supervisor. Palas was asked whether he denied he enforced rules on behalf of Somon Sekdah at Tassiriki. Palas responded at Tassiriki house, there were no rules. People who gave evidence did not say that.
      
2096. It was suggested to Palas that prosecution witnesses said that rules were equally applied in Pango, Tassiriki and other places. Palas was taken back to the record of interview (Exhibit D4 (1)) referring to particular questions and answers which asserted Palas enforced the rules on behalf of Somon Sekdah. It was suggested that answers will be read and Palas will be invited to comment. Questions 17, 18 and 24 where in Palas’ answers his named Shohag, Anowar and Moinul? Question 25 was an open question, it reads: “Can you give us the details of your instructions. What Somon Sekdah actually told you to do to the Bangladeshi if they failed to comply?” Palas answered, Palas remembered when he answered this question, he mentioned Harun and Moinul and he told them that Palas and Moinul if there was a problem and how they tried to resolve it and shout at them.
      
2097. It was suggested that all that he added was not recorded in this record of interview. It was not put to Haaron. Palas said he did not add anything. What he said before said it again. Palas was specifically asked whether he ever beat anyone at Tassiriki or in other places. Palas said no. Palas was asked he heard the prosecution witnesses said what Palas had done. He was taken to question 26 (an open question) had Palas ever beaten any? Palas answered, no. Palas never beat someone but Palas only shout when Somon Sekdah told him to shout of the boys. Palas agreed he denied assaulting anyone. It was suggested that his answer to question 25 was the true answer he gave and was translated by Harun and it represented the accuracy of what Palas gave to the police. Palas answered at that time, Harun asked him the question, Harun translated. He did not realize that what he answered to the question Harun translated in the opposite way.
      
2098. Palas was asked on his role with the company at the construction site the prosecution witnesses asserted that Palas was also one of the supervisors at the construction site at opposite Tana Russet? Palas said never. His supervisory role was going around with his bosses or going on his own purchasing materials for construction site. Palas said he worked sometimes they took 4 or 5 of them to put materials in the vehicles. Palas confirmed that he used to accompany Somon SEkdah to do shopping when he was just arrived. He went with Somon to buy food. It was suggested that that role continued after that period, that part of his role of supervisor or manager to purchase food to every houses. Palas said no manager Moinul used to buy food and distributed to different houses.
      
2099. It was asserted that Palas did, that was his role. That was consistent with the role Palas was responsible for bringing slaughtered cow to the houses. Palas answered yes. That was correct. He went to Michael’s farm with 4 or 5 others. It was suggested to him (Palas) he heard evidence of prosecution witnesses and also from Anowar that he cut the cow, Palas said yes he remembered. Palas accepted that the prosecution witnesses said that Palas was responsible to bring in the slaughtered cow. Palas said he remembered they mentioned his name. Palas was asked whether he had any permit. He said no. I did not have a permit. He just went to the farm and brought the cow.
      
2100. Palas was asked of his role with the company, he purchased materials, collected passports and moneys from those who arrived from Bangladesh. Palas said never. In response, it was asserted that Palas was actively involved in collecting money from those in Vila but also those in Bangladesh about to leave for Vanuatu. Palas said never. Palas was asked of an IMO message he sent to Farid Urdin which was forwarded to Shahine about where to deposit money. Palas said no. He did not know what Farid Urdin forwarded to Shahine. He did not have any connection with Farid Urdin. Palas was told Farid Urdin was one of the three first escapees.
      
2101. Palas was invited to go to only one page document he had before him written in Bangla. Palas confirmed he had that document written of four lines. The document was Muhammed Josim Urdin written on it with figures (Bank accounts): 3384 02 0001432. An address written on third line: Shikapur Branch of Rupali Bank LE. Palas said LE stands for Limited. In Bangla, LE means represented. The document contained the Bank details. The name, the account number at Rupali Bank. The name of account holder, Muhammed Josim Urdin. That was the name the prosecution has been asserting to be Palas’ brother. Palas said never. That was the person the prosecution asserted was his brother. Palas said he was not his brother. Palas was asked that he was the same person. Palas said no. He did not agree.
      
2102. The prosecution asserted Palas was using his family to recruit for Mr Price. Palas said his family did not recruit any person. Part of that process was to collecting money. Palas said yes witnesses said Josim Urdin collected the money. But Josim Urdin was not related to him. It was suggested to Palas that this document was in his hand writing. Palas denied. But Palas accepted he always signed his name in Bangla character. It was suggested to Palas that that was his evidence earlier on, he wrote this and sent this through Farid Urdin who sent to Shahine. Palas said never. This information was instructed people like Shahine where to deposit money. Palas said he did not send it to Farid Urdin. The document was tendered as Exhibit P41 (details accounts).
      
2103. It was suggested one of Palas responsibilities was to attend at the airport; he would collect passports and tickets and later on collect money from these of Bangladesh who have just arrived. Palas confirmed he was never involved. Palas was referred to document Exhibit D4(1) question 22 which was connected to question 21. Palas was asked whether he did collect money and airline tickets, passports from other Bangladeshi people. Palas answered he had never given this evidence.
      
2104. Palas denied any connection with Josim. Palas also denied any understanding of what Josim was doing and the network of his family in recruiting Bangladeshi people. Palas said his family was not involved. The prosecution had asserted Josim was involved in recruiting and collecting money on behalf of Mr Price. Palas said his borther was not recruiting people and collecting money. Josim was not his brother. Palas was asked to go to question 40 (Exh. D4 (1)) – “Do you think Somon is running a genuine business or the money he ...” Palas said “I understand it is a genuine business. Josim collected money in Bangladesh and gave it to Kamrul”. Palas said yes he remembered Harun asked him the question and he answered to that question.
      
2105. Palas was referred to Exh.P41 – Document said to be in Palas’ handwriting and sent to Farid Urdin and later on to Shahine. Palas was asked whether he knew that Shahine relied on this instruction and paid money in this account. Instructions that were sent by Palas? Palas answered Shahine knew what he relied on but Palas said he never sent the details to Farid Urdin. Palas was shown Ex. P41. Palas answered was he did not know what Shahine relied on. Shahine relied on this document and the deposits that Shahine made have already been exhibited in this trial. Palas said he never sent it to Farid Urdin.
      
2106. Palas was referred to Exhibit P7 (overside of pages – 2 documents turn to sides). Document 0054 900 the name Rupali Bank was not clearly written in English. The account number: 3384 02000 1432. That was the same number in the document Exhibit P41 which was in Bangla character. Palas confirmed. The name of the account holder was on top. Muhammed Josim Urdin. Palas confirmed. The date this deposit was made appeared below the number and it was 10 September 2018. The amount was 3 Lak 40,000 Taka. Palas confirmed. That evidence was the evidence of Shahine when he gave evidence in this trial. Palas said yes he did remember.
      
2107. Palas was shown Exh. P20 produced by witness Shahadat Hossain consisted of 13 pages. For this cross-examination, the prosecution relied or referred only to 3 pages (5, 6 and 7). The prosecution asserted that the wife of Josim, the wife of Palas’ brother provided also bank accounts – Palas said he remembered. Her name was Janatur Rahman Jutly. The bank was Rupali Bank Limited (page 5). Palas said yes it was written in Bangla. Palas was asked to look at the account number which was also written in Bangla: 444 9901 004697. The account holder’s name appeared below the account number. Palas agreed saying yes. The account holder’s name was Janatur Rahman Jutly. Palas agreed it was written in Bangla. The date of the document was 16 August 2017, Palas agreed.
      
2108. At page 6 of document (Exh. P20), it was a document of Rupali Bank Limited. Palas agreed it was written in Bangla. The account nmber was 444 99 01 004697. Palas agreed. The name of the account holder appeared immediately before the name of account holder. The account holder’s name was Jannatur Rahman Jutly. Palas agreed it was written in Bangla. The date of the document and transaction was 8 August 2018, Palas agreed. The document (page 7) of Exh. P20 was that of Rupali Bank Limited, Palas agreed. The account number was 444 9901 004696. Palas agreed. The name of account holder was Janatur Rahman Jutly, Palas confirmed. The date of the documents was 29 August 2017, Palas agreed. That particular transaction was for 200,000 Taka. Palas agreed saying yes. At page 6, the amount deposited was 300,000 Taka, Palas said yes. At page 5 of Exh. P20 the amount deposited was 200,000 Taka.
      
2109. Palas was taken to the last part of his cross-examination on his evidence of what happened on his on 19 November 2019. Palas confirmed that Moinur got instructions to take people around. Palas said he also mentioned Haaron’s name. Palas was asked to moving of people on that night was for the purpose of avoiding the police. Palas said he found out where he went to Devil’s Point. Palas said he did not know the reason of the gathering of people and moving them. Palas also said he did not know who he was taken from one house to another. It was put to Palas it was not Moinul or Harun who had been given instructions to move people but it was Palas. Palas partially admitted by accepting that it was not only him but Harun and Moinul also sent 18 – 20 people.
      
2110. Palas was taken to question 22 (Exh. D4 (1)). After the interview resumed on 25 November 2018, Palas also forced people to drive all night. His answer was: “I can confirm Somon gave me the lists of people are working under the following business Shopping Crowd, Asian Junction and Shop Alpha so I start moving people. At Tassiriki we moved 21 people, Pango 14 people and 32 people in Town house, around 21 people Somon gave the list of names to me”. Palas was asked whether in his answer there was no mention of Moinul, no mentioned of the name Haaron. Palas agreed he did not mention the names of Moinul or Harun in his answer. Palas was asked whether he remembered giving that answer to the police. Palas replied he never answered to the police. He answered to Haaron.
      
2111. It was put to Palas that what happened on 19 November 2018, Palas was leading this operation from town to Devil’s Point and Saiful was the driver. Palas did not deny but said Harun and Moinul sent them and Saiful drove the vehicle. This was about midnight on 19 November 2018 trying to hide people knowing a possible raid by the police. Palas said never. Palas was asked, he knew Michael’s farm. He never took people there for hiding. It was suggested to Palas that he told people there that they were there for a picnic. Palas denied saying this. It was suggested that he may that to Michael and Michael refused him. Palas said he never talked to Michael because he could not speak English. It was suggested that because Michael refused he took the vehicle with 11 people and went further into the bush. Palas said he never talked to Michael. At the Devil’s Point, Palas said he stayed with everyone. Somon Sekdah brought in 9 people to join with others. Palas said there were 18 – 20 people there and they stayed together. It was suggested to him he knew the exact number of people he took into the bush. Palas said he did not know the exact number. Palas was asked that he knew the exact number of people at that time in Devil’s Point because he was in charge. Palas denied being in charge. It was suggested to him that people asked him for food, instead for bringing the food to them, Palas, Saiful (driver) and two (2) others drove off pruposedly to look for food, they went and they ate and came back and said there was no food. Palas said no, never.
      
2112. The information was that Palas had real fish while the others were starving. Palas said when they were hungry, local people gave them some pawpaw and coconut. Palas was asked why he took the people away if everything was alright. Palas said Harun knew the reason. He said he asked Harun said no questions. Palas was asked if he was prepared to hold people starving all the night. Palas said he did not tell them to stay there. Harun and Moinul told him to stay with them.
      
2113. It was suggested Palas was in charge of the people and took them there. Palas denied. He said he never took people and told them to stay there. Palas was asked and he agreed that people he took were starving they wanted to eat. They all were hungry, Palas said yes. That went on from midnight to the next day. They had their food the next day. Palas was questioned that he was ready to get people starving when he could take them back to the houses. Palas answered how it was responsible of him when Harun sent them.
      
2114. Palas was asked that what was more serious was not following instructions and starving in the bush. Palas said Harun and Moinul forced him. He did not want to go there. It was suggested to Palas that he was not sorry. He did not have or show any humanity to these people. Palas responded he did not count the number of the people, maybe 20 people. It was suggested to Palas that he was prepared to deny these people their rights by putting them in place they did not like, Palas said yes. They suffered pain and had problems. Palas was asked what where 18 – 20 people did to deserve such treatment? Palas said he never took them, Harun and Moinul did. Palas was asked to answer the question. Palas said he did not know the reason. He said he asked Harun and Moinul but they said they did not have to answer the question. Many of the people were placed in the bush and jungle is not their place, Palas said he agreed.
      
2115. The instructions Palas said were given to him by Harun and Moinul. Palas said yes Harun and Moinul sent him with others by vehicle. Palas was challenged in that who ever gave him the instructions he had an opportunity to do something good for them even if he faced consequences. Palas had an ulterior motive? Palas responded how he did that. He could not drive. He did not take them there. They sent him with others. Palas was asked and he confirmed that Saiful was there with the vehicle. Palas was challenged that he could have put everybody there and came back after they suffered in the bush or even if there was no vehicle; Palas did not tell them to walk back to Port Vila town. Palas answered that without Harun and Moinul’s permission, if he came back they will stop him to work and deduct his salary. Palas was asked that all he was concerned about was his work or salary than the people. Palas responded that he did not know about other people there. He thought about himself because if he came back, they will stop his work and deduct his salary.
      
2116. Palas was asked what could have happened if the police did not find him. It was only because the police found him that he was brought back to Port Vila otherwise he will stay further in the bush. Palas said when they were hungry, they asked Saiful to take them back otherwise they were going to walk. Saiful refused to take them. Palas was asked that he was trying to blame Saiful but it was the police who found Palas and the people. Palas said when they were hungry; they asked Saiful to take them back. Saiful refused. Palas was asked that he was trying to change his evidence. Palas said he asked Saiful in the morning and and in the afternoon to take them back. At that time, Saiful (driver) told them that someon told him that Somon Sekdah and Nabilah Bibi were arrested by the police. Palas was challenged as what he was then suggesting was creating new thing and so why he did not tell Saiful in the mid-night or in the morning? Palas said at that time, he was not hungry after lunch time, he was hungry.
      
2117. Palas was reminded of his evidence that the important question or consideration for him was to follow instructions of Harun and Moinul as he did not want to lose his work and have his salary cut. Palas accepted that. It was suggested that the threat of police investigation and the decision to go to the Devils Point were precipitated by the escape of 3 people from Pango house. Palas said no.
      
2118. The prosecution asserted that the escape of the 3 people precipitated the event of 19 November 2019. (Shahine, Farid and Kamrul escaped from Pango house on 27 October 2019). Palas said he did not know of the date they escaped. It was suggested to him that he must have known this because on the same day, he attempted to communicate with Farid Urdin. Palas said never. It was said the same Farid Urdin to whom Palas sort the account details. Palas said never. Palas was asked that he tried to contact Farid Urdin but he failed and sent him two voice messages. Palas said no. Palas was told the prosecution has the voice recording of these 2 voice messages. Palas said never because he did have IMO connection. He did not send anybody voice messages.
      
2119. It was explained to Palas that in the first message, Palas told Farid Urdin that he called him plenty times. Farid did not answer. That he was presented to forgive him. But for Shahine and Kamrul to do such thing, he did not expect him (Farid) to do that. That Palas always had food with Farid. That Mama knew him as a good person. Mama loved him and trusted him. Therefore Palas could not understand why Farid did this. But that was ok. That was the translated voice message to Farid Urdin. Mr Palas said he never sent a voice message.
      
2120. The second message he sent to Farid Urdin, Palas said Brother Urdin had not known Mama very well. Palas and others were able to know him. One day was enough. Some others were not able to understand him. Urdin had been with Mama for 7 – 8 months but Urdin did not know him (Mama). If Mama wanted to hang you all anyhow, he could do so anytime. But Mama was not that kind of man, Mama did not hurt anyone, Mama won’t hurt anyone. Farid understood Mama’s mentality very well. Farid you must have known since you have been with Mama. So if Mama wanted once he could hang you. That was the second message in Pala’s voice message to Farid Urdin. As Palas may have expected, Farid shared this with the 2 others who were concerned about their safety. Palas was asked if he remembered sending these 2 voice messages. Palas said no. He never sent Exhibit P41, the transcript of first and second voice recorded messages copy of IMO messages to Farid Urdin.
      
2121. That is the end of Palas Hosan’s evidence and case [D4].
      
2122. Pala Hosan (D4) was a difficult and reluctant witness. There were contradictions and lies in his evidence (about Josim when he denied Josim was his brother and later on he accepted Josim is his brother). He is not a credible and trustworthy witness.
      
9. Propensity
   
2123. At the final submissions by parties, the Public Prosecutor mentioned to the Court to the point that although the elements of slavery and trafficking are different, there is some overlap in the evidence supporting the two allegations, particularly evidence about what happened in Vanuatu. The Public Prosecutor also limited his submissions to the Third and Fourth Defendants for obvious reason in respect to the 2 unrepresented defendants. I sense the point has now to be addressed in respect to each and all 4 Defendants by the court, and I do so.
      
2124. The Public Prosecutor submitted and invited the Court to look at the evidence in two ways. The first is to consider the overlapping and “reciprocal” nature of the evidence supporting the trafficking and slavery charges; and the second is to consider the evidence offered to support the two charges as propensity evidence, and how these provide corroborative support to each other? The Public Prosecutor explained that it has been necessary to do this in order to resolve any question about the veracity and effect of the aggrate prosecution evidence elicited from multiple witnesses who talk about what will appear to be a similar range of facts. He said finally that to avoid the otherwise potentially voluminous evidence from more than 102 complainants, evidence covered a number of jurisdictions, and in order to assist the court effectively manage the reception of the evidence, the prosecution was compelled to reduce the large number of counts and in its place prefer representative and alternate counts.
      

Legal Principles



2125. Prosperity evidence is not specifically provided in the Criminal Procedure Code Act [Cap 135]. However, Section 162(2)(3) provides a way out for the prosecution.
      
2126. I will derive the legal principle from the judgment of Cull J in R v Matamata [2020] NZHC 677 and the prosecution made their suggestion following the approach the Judge took in that case and I will adapt the approach taken in that case. Cull J explained the legal principle in this way:
      

“[42] The prosecution may offer propensity evidence about a defendant in a criminal proceeding only if the evidence has a probative value which outweighs the risk that it may have an unfairly prejudicial effect on the defendant. When assessing the probative value of the propensity evidence, the Judge must take into account the nature of the issue in dispute, and may also consider the frequency with which the relevant acts, events or circumstances occurred, the connection in time and similarity between the relevant acts, events or circumstances, the number of persons making similar allegations against the defendant (and whether they may be the result of collusion or suggestibility) and the extent of the unusualness of the act, events or circumstances.




[43] When assessing the prejudicial effect of the evidence on the defendant, the judge must consider whether the evidence is likely to unfairly predispose the fact-finder against the defendant and whether the fact-finder will tend to give disproportionate weight in reaching a verdict to evidence of other acts”.



2127. In this case, the prosecution has brought 13 charges in respect to 107 complainants. 17 complainants gave evidence in respect to the charges and in particular about the trafficking and slavery charges. These 17 complainants are amongst the 10 different groups that arrived in Vanuatu from Bangladesh fro 2017 to 2018. This is not a case where the prosecution is seeking to adduce additional or further propensity evidence about the defendants that are not currently before the Court. The prosecution is seeking for the Court to consider the evidence of each of the complainant who represent the grouping to support individual complainants’ evidence in that grouping, and further that they may consider the evidence of all the complainants across the board to show a pattern of the defendants’ conduct which may support the evidence of each of the individual complainant.
      
2128. In this case, the similarities in the conduct of the defendants towards each of the groups of complainants are overwhelming. Those similarities are:
      
      • (a) The complainants all come from two provinces of Bangladesh, Tangail and Barishal;
        
      • (b) Each charge of engaged in or employed in slaves contained the same particulars, being the main basis of the prosecution case as evidence of the defendants’ control over the complainants as a result of oppressive conditions; exploitation; menace of penalty; without freedom of movement and trauma suffered.
        
      • (c) In relation to the trafficking charges, the prosecution alleges the same act of recruitment, deception and fraud, use of threats and violence, exploitation for each defendant;
        
      • (d) The evidence at trial was consistent in showing that same method of control of the complainants by the defendants;
        
      • (e) The same or closely similar acts of violence, violent behaviour and threatening behaviour were given in evidence by all the complainants consistently;
        
      • (f) The evidence from the complainants was strong and although some details were confused with the passage of time, such confusion was over minor dates and sequences and was not significant.
        
2129. As to the other considerations, the probative value of propensity evidence increases with the number of acts that demonstrate the defendants’ propensity and their frequency, and the probative value are strengthened when the acts comprising the propensity evidence are closely connected in time with the acts constituting the offence. There is no doubt that in this case, the frequency of the propensity evidence, the number of complainants alleging similar conduct by the defendants, and the connection in time between many of the complainants increase the probative value of the propensity evidence. Further the circumstances which constitute the offences are unusual, and all 17 complainants gave consistent evidence in respect of both the slavery charges and the trafficking charges.
      
2130. I also considered whether the allegations made by 17 complainants and others may have a result of collusion or suggestibility. This brought me back to the experience of the trial itself. From the way in which, the complainants gave evidence, even through interpreters, it was clear that they were recalling events and incidents which happened to them. Each complainant could describe the events that occurred to them in detail, particularly the incidents of violence related to their individual situations, and these aspects varied depending on the complainants. This was reflected through emotions each and all the complainants who gave evidence expressed at that time. The trial had to be adjourned on many occasions to allow them to recover. I was satisfied that there was no risk of collusion. In any event, the charges are individually assessed and the credibility of the complainants in respect of each.
      
2131. In such circumstnaces, I considered that the evidence had a high probative value because the evidence from each of the complainants was so robust and convincing. This was not a case where resorting to propensity evidence was a means of supporting weaker evidence from the complainants. I was satisfied that the probative value clearly outweighed any unfairly prejudicial effect and added to the individual evidence of each of the complainants.
      
10. ASSESSMENT OF EVIDENCE
    
2132. I say at the outset that I have assessed the credibility of each and all witnesses (prosecution and defence witnesses alike) at the end of each witness evidence.
      
2133. I find and accept that (apart from defences of denials of offences and arguments by Somon Sekah, Nabilah Bibi, Anowar Hossain and Palas Hosan), the evidence produced by the prosecution before the court is overwhelmingly established against the accused persons.
      
2134. On the basis of material evidence before the Court during this lengthy trial, on offences of trafficking in persons, slavery, money laundering, intentional assault, threats to kill a person and offences against Labout (Work Permit) Act (employing non-citizens without work permit (s. 6(1)) and Furnishing False information to a Labour Officer (s.17(1), the following findings of facts are found and accepted as mostly reflected in the prosecution final submissions on evidence:-
      
      1. Evidence against Somon Sekdah and Buxoo Nabilah Bibi on Trafficking in person, Slavery, Money laundering and employing non citizens without work permits and Furnishing false information to a labour officer against Labour (work permit) Act (As individual accused persons and as Joint Directors of Mr Price Company, the ultimate beneficiary of this alleged scheme of Traffcking in persons and related sequence of alleged offences).
         
         1. Factual Findings on Trafficking in persons
            
         • (i) Recruitment
           
2135. This case involved more than 101 victims. The unchallenged evidence was that the recruitment was one on an informal basis in Bangladesh using the primary family connections of Somon, Shohag and Palas as key faciliators. The evidence showed that sometimes these three people, in varying degrees, made contact with victims, often through IMO. The person who was the source of the initial information, whether it wa Nazrul, Biblop, Shohag, or Nacir, and whatever the promised destination, each recruitment would almost invariably, and ultimately reach and connect with Somon and Mr Price in Vanuatu.
      
2136. The evidence is unchallenged that the common factors that connected each recruit were the terms and conditions of employment, the name and the owner of the employing company, and ultimately the confirmation by Somon that he had received the deposits made by the recruits no matter where those deposits were made or who gave the instructions. There was evidence of common places of payments like Shohag’s parents.
      
2137. It is unchallenged that the two provinces of Tangail and Borishal each had their own contact points. Exhibits P23 and P8 provide helpful summaries and details. Shohag used his father, his mother Lilly Bekum, his sister Irene Akter and brother in law Alal. The recrutments from Borisal District revealed that Palas Was identified as the main recruiter for individual in Bangladesh to come to Vanuatu. Palas used his brother Josim, and Josim’s wife Janatur Rahaman. Visas and travel arrangements were made by Kamrul Sekdah, Nacir Abbasi, and Taibur. Those three together, Nabilah and Alal were involved in the escort of recruits. They also coordinated the money given to recruits to carry, and other company raw materials like fabric, garments, buttons and banners.
      
2138. It was accepted that, although it was an informal, family-based arrangement, it proved to be a workable international network that organised everything after travel begun. These included arrangements for visas, endorsements and passports, tickets, boarding passes, hotel accommodation, food and even handling of immigration queries. The escorts controlled everything.
      
2139. These recruits and escorts knew what was happening at all times, and who to contact. They knew the travel of each group and travel dates. Throughout the evidence, Taibur seemed to be waiting at critical designated points to begin the journies, whilst Nabilah, although initially denied but then, she conceded during her cross-examination that her travel to India and other places that culminated in escorting recruits to Vanuatu was not accidential, but that she was purposely sent by Somon. The other reasons she advanced in her evidence in chief became merely covers to conceal the true and real plans.
      
      • (ii) Transfer and receipt
        
2120. The evidence estabbled that Somon Sekdah and Palas Hosan were in most cases at the Port Vila International airport when the groups of Bangladshi people arrived in Vanuatu to receive them. Somon Sekdah assisted by Palas collected their luggages and transported them to the different accommodations Somon Sekdah and Mr Price Company acquired for them such as Tassiriki House, Pango House, Norpow or Town House. That was when Somon Sekdah took control over the victims.
      
      • (iii) Means – deception and fraud
        
2140. It was common ground that the evidence showed numerous instances of deception and fraud. Those responsible were either the recruiters or escorts. These consisted of information about the final destinations. Recruits were told that they would be travelling to Australia, Cuba, New Caledonia, and in some cases that Vanuatu was part of Australia. Shohag, Nasir and Anowar even misled some recruits telling them that they were living in Australia. Some were informed that Mr Price was a large international company affiliated to other Mr Price companies, and that at some point when recruits were still in Bangladesh, they were told Somon of the following:-(uncle (referring to Somon) was living in United States of America, Somon was a US passport holder, he was a powerful man who had connections with the Immigration authority and government ministers. The recruits lure victims into an exploitation deception relating to the following issues:-
      
      • The benefits they would receive upon arrival and the types of jobs they would get. These included advantages like overtime pay and free medical expenses.
        
      • They were promised jobs in shopping malls, showrooms, hotels and furniture business.
        
      • They were also told by Somon and others in Vanuatu that there were considerable opportunities to make a lot of money, and the people (locals) were simple minded and could be easily fooled.
        
2141. The evidence illustrated that in the course of the recruitment, the victims also spoke about the fraud that was perpetuated to enable them to advance their plans. Fake documents were used to obtain Indian visas at the Indian Embassy in Dakha, Bangladesh, how false information were used to obtain work permits in Vanuatu, how government officials were bribed to stamp passports for visa extensions. Two witnesses (Shahadat and Shohel Rana) mentioned the activities of the immigration officer (in the office of Mr Price, here, in Port Vila). This was later confirmed by Nabilah in cross-examiantion.
      
      • (iv) Use of threats and violence
        
2142. The evidence illustrated that the threats of violence started during the journey to Vanuatu. Taibur was the main perpetrator. This did not happen to the three first groups arriving in Vanuatu. They were properly treated by Somon and his associates. Anowar Hossain and Palas Hosan were included in the first three travelling and arriving groups in Vanuatu. Palas Hosan arrived with the first group travelling to Vanuatu and escorted by Somon Sekdah and Nabilah Bibi. Anowar Hossain arrived with the third group travelling in Vanuatu and escorted by Somon Sekdah.
      
2143. Threats of violence started with the subsequent arrival of groups starting from the fourth group. There were 10 different groups of people travelling to Vanuatu (Exhibit P8). The victims were forced to sacrifice space in their bags in order to store company materials, and food was supplied in small quantities during the journey. It was intensified when the victims arrived in Vanuatu. It was illustrated, Shahine received an unwelcome reception after he boarded Somon’s car at the airport. He was assaulted by Ibrahim, who had been procured by Somon to do so.
      
2144. A culture of fear was deliberately introducted and reinforced by a set of company rules, regular meetings during which authority was demonstrated and enforced and an aura that Somon gave himself by his conduct and word, and buttressed by the blind obedience and thuggery of his trusted associates. Victims were bullied and assaulted if they did not pay money, if they complained or if they passed over information that was critical about the company. There were assults by Somon and others at Pango, Nopo and Town house. Victims were taken to the edge of the cliff and their lives threatened, by a broken bottle at the office of Mr Price. ‘Battan’ was the rod that reminded them against conduct that displeased the boss. Somon constantly spoke about what he’d do to them, like running over them in his car, cutting people up and hanging them from a tree, taking them to the jungle and putting people in the freezer. Sometime it would end with a threat that pictures of their dead bodies would be taken and sent them to families. Threats also took the form of deductions in salaries if someone failed the sales training or did not perform at jobs to the expected standard.
      
2145. Coupled with threats were the denial of freedom and the exercise of controls over the victims, either by Somon directly or through the supervisors and associates. Control begun during the journey to Vanuatu. They were not allowed to talk to immigration officials and sometime to each other. At the destination, a notice was displayed at Pango house and reinforced by verbal reminders. Movement was restricted. Although the gates were not locked, permission had to be first obtained from the supervisors before anyone could leave the house. Sometimes this was granted on the condition that the person is accompanied.
      
2146. At the Townhouse, the gates were manned 24 hours after the first escape, and no was allowed to leave. Jahirul was also locked in a room at Townhouse to extract information about the escape.
      
2147. The important point that may need to be made is that although the gates may not have been locked, nor were they manned by guards, the total circumstances and the evidence supports strongly the view that the victims were not free to move around, or go where ever they pleased.
      
2148. Communication with families in Bangladesh was curtailed or restricted. If information adverse to the company was passed on to families, the sender was likely to receive the wrath of Somon. Moshahad was threatened when he did so and was given additional duties. Sometimes phones were removed, as happened to Amin Ruhul, Robel, Jahirul and Moshahad.
      
2149. There were other forms of restrictions. There were denial of decent nourishment, denial of medical attention as Moshahad experienced, and denial of enjoyment of facilities like the furnitures at Pango house. Moshahad was not taken to the hospital until the fourth day and eventually had to pay his medical bills from salary deductions.
      

(v) Exploitation



2150. Somon and Mr Price took advantage of the economic situtations that many of the victims were in, obtained a lot of money from each of them, with very little or nothing in return for their investments. Many sold their properties or secured substantial loans in order to pay the company the required fees.
      
2151. Some never received any return, others were owed arrears of salaries, they were not compensated for overtime work, and some like Rahul and Jahirul had salaries deducted.
      
2152. Many of the victims were put to hard labout which they were ill suited to. This work was physically demanding, involved heavy lifting, worked long hours with little rest under trying conditions, and without suitable tools and protective equipment.
      
2153. Some were forced to do business, and were compelled to pay extra money, and received neither salaries nor the promised businesses.
      
2154. To defeat Customs and financial authorities, victims were coerced into carrying raw materials for the company and large amounts of cash in US currency.
      
      2. Factual findings on Slavery
         

(i) Engaged in or to be employed; ownership



2155. The victims were recruited to work for Mr Price either as workers or businessmen. They paid fees in order to do so.
      
2156. There is more than ample evidence about ownership or a sense of ownership. It derives from the unwritten understanding that the victims had paid and travelled to be employed by Mr Price. In Vanuatu, Somon immediately demonstrated his authority by instilling fear in their minds and artificially creating a feeling of awe and power about himself. He constantly held meetings where all were present and delivered with authority his message, and the consequences if disobeyed. Sometime he personally administered punishment and reminded others of his potential wrath. He enacted rules that were published for people to see, or otherwise reminded victims through his associates.
      
2157. His loyal supporters including Anowar Hossain and Palas Hosan, were always present to highlight his authority, and pursued a close relationship that was mutually beneficial.
      
2158. The matters discussed below helped reinforce this idea of ownership; that Somon ostensibly owned these workers. The evidence pointed to the fact that Somon Sekdah believed he could treat them in a manner that he wanted and that Somon Sekdah expected their undivided loyalty and commanded their undivided duty. They were duty bound to carry out his desires and at his whim.
      

(ii) Oppressive conditions



2159. Victims were put to hard physical labour. Amin Ruhul and Shohel gave good accounts of the heavy work they did like removing tall grass, digging holes, mixing cement and carrying heavy stones with only rudimentary tools like spades and crowbars, and no protective equipment. Many had never done the kind of work before, and were clearly ill suites. The earth was hard and rocky.
      
2160. They worked long hours, with little or no breaks were given. Nourishment and water were inadequate. They were compelled to work even if they were unwell or injured.
      
2161. The victims lived in crowded facilities and most of them had no beds to sleep on. Their beddings were old and perhaps hardly cleaned.
      
2162. The food was woefully poor in quality and quantity. They were served with beef that were smelly and few, which caused victims to vomit, and ate round cabbages and kichuri that were hardly suited to their work regime and cultural expectations. Many said that even beggars in Bangladesh would not eat the kind of food. Celebrating at Somon’s residence was rare, but the meals taken during those events were somehow made out to represent the daily cuisine. In certain cases, the victims only enjoyed the leftovers from Somon’s dinning table. The quality of food was the same at all the houses.
      
2163. The victims were sometime exposed to demeaning conditions like the search of their belongings and phones by supervisors. In relation to the latter, superviors went through personal messages and call list, and would delete them, block certain numbers or detain the phones for a period of time.
      
2164. In many cases, victims were either not paid or were owed substantial arrears of salaries. They were not paid overtime. In many cases, deductions were made for reasons that were not legitimate.
      
2165. The victims were under constant supervision of supervisiors who determined the nature and hours of work. There was often the risk of being reported on if their conduct did not meet the expectations.
      
2166. No medical treatment was provided for sickness or injuries, and in many cases the victims used personal medications they possessed.
      

(iii) Exploitation



2167. The workers were used as scab labourers, with minimal investment or provisioning, often told to work even if they were unwell. They were compelled to attend or risk not being paid. In one case, Moshahad’s salary was reduced from 50,000 Taka to 20,000 taka for no reason.
      
2168. Some of the ‘businesmen’ were given the opportunity to earn money by collecting scrap metals. This arrangement was contrived by Somon to earn money for him. The metal was collected with no return for the victims.
      
      • (v) Menace of penalty
        
2169. This part essentially repeats what was mentioned earlier. It includes the threat of violence and the use of violence by Somon and his associates, the threat of withdrawal of food or accommodation as in the cases of Robel and Jahirul. The threat of ‘battan’ remained imminent throughout.
      
2170. Jahirul also had the distinct experience of receiving a threat that he would be hurled a 100 meters down a steep cliff, and meet certain death on the rocks at the bottom of the cliff.
      
2171. The menace of penalty was also present in the form of intimidation and potential reports to Somon by his associates that inevitably attracted some form of penalty.
      
2172. The written rules and the verbal reminders were a constant threat because of the potential consequences if breached. The evidence covered instances of the manner in which these rules were enforced, sometime in the presence of others, as if to convey a stern warning.
      
2173. The menace was not confined to Vanuatu, but extended abroad as well. Victims were informed about Somon’s powers, as Moshahad was told in plain terms. He was told that Somon could destroy his family in Bangladesh if necessary.
      

(v) Without the freedom of movement



2174. Similarly, these matters have been covered above. These included the rules that were enforced at all houses. The restrictions pertaining to movement and the need to obtain permission of the supervisors were one of them.
      
2175. After the first escape, these rules became even more stringent. There was a 24 hour guard stationed outside the gates at Town house.
      
2176. Similarly the restriction included return travel to Bangladesh. Robel, Shahin and Moshahad were told in no uncertain terms by Somon that they never return to Bangladesh unless he approved.
      
      • (vi) Suffered trauma
        
2177. It is a fact that nearly all the victims had suffered trauma at the hands of Somon and his associates, whose treatment of people reflected his lack of compassion and humanity, let alone fairness, and whose only interest was to make the most money that he could make with minimal investment, deliberately oblivious to the welfare and interests of his workers.
      
2178. He was driven by a false sense about his own importance, and was prepared to do anything to advance his greed and false sense of power, including bribing and influencing government officials to help lleviate to processes, completely understanding that they were criminal and unlawful. He paid officials and had others fabricate documents.
      
2179. Even during this trial, there was evidence by defence witnesses about how he attempted to manipulate evidence.
      
2180. The level of trauma suffered by the victims is reflected in the professional assessment of two victims by Dr Ashworth, a qualified forensic psychiatrist, and his reports recorded in exhibits P21 and P22.
      
2181. The existence of trauma in other victims can only be exemplified by the emotions they demonstrated during the course of their respective testimonies, and that sometimes the proceedings needed to be suspended to allow them to recover.
      
      3. Factual findings on money laundering
         
2182. The evidence established that at hotels in India, during their brief stop over in that country, many of the victims were handed substantial amounts of money in cash in foreign currency by handlers to carry with them to Vanuatu. The victims were warned that there would be serious consequences if the money were not accounted for at the end of the trip. The money was surrended to the accused persons or others nominated by them when they arrived at the airport in Port Vila. These monies, often in foreign currencies, were carried in this way to avoid legal constraints associated with importing foreign currencies.
      
2183. The combination of the evidence of Sergent Tenderson Signo, of Senior Sergent Kenneth Whiteley (and relevant part of evidence of Constable John Bihu) in the collections of written material statements of the witnesses, collections of material evidence from other governments and institutions through the issue and execution of the warrants provide the detailed evidence in the written summary of the evidence of the victims arriving in Vanuatu, their passport numbers, the money the victims carried with them when they come in Vanuatu, the objects (materials) they brought with them (exhibits P8, P23 and P24). The link chart showed the criminal syndicate associated with this incident of human trafficking (Exhibit P25).
      
2184. That link chart showed how money from the victims was deposited into certain bank accounts in Bangladesh. The detailed evidence showed how the money was moved until they arrived in Vanuatu. The victims provided the information to the police. In relation to the financial link chart, the victims provided to the police, the information showing the accounts were established in Bangladesh (Ehibit P26).
      
2185. The bank accounts were not under the names of Palas (for Barisal District) or Shohag (for Tangail District) or Somon Sekdah or Buxoo Nabilah Bibi or Mr Price Company but they were under different names. The evidence established the people involved in the syndicate and the financial information in relation to the bank accounts and the direct link with Mr Price Company and the owners of that company being Somon Sekdah and Buxoo Nabilah Bibi (Ehibits 23 and P26).
      
2186. The financial Chart link showed the link with Taibur who was linked to Nabilah and Somon as the business associates and he was also the travelling guide from Bangladesh to Vanuatu. It established the link with Nabilah Bibi, the wife or partner of Somon Sekdah. She was also a travelling guide from India to Vanuatu. The next circle was Kamrul Sekdah (Kamruzzaman), the brother of Somon Sekkdah. He was in charge of the processing of the Indian Visas in Bangladesh.
      
2187. In Borisal, they identified 4 bank accounts but they identified only the owners of 2 accounts but not the owners of other 2 accounts. Jannatur Rahman and Kasi Sumur Rahman were the names of the owners of the 2 accounts which are identified respectively as 449901 004697 and 0912 03100 00662. The banks names and branches were also referred to in the material before the court. Jannatur Rahman, the owner of the fisrt account was the wife of Josim. Kasi Sumur Rahman was the father of Josim. Josim is the brother of Palas (D4). The 4 accounts were created when they obtained money from the victims. They deposited some of these cash in these accounts (Exhibit P23).
      
2188. In Tangail, the two main persons involved were Shohag and Alal. Shohag was the same person involved in this trial. Alal was Shohag’s brother in law. There, they identified 3 bank accounts. The owners of the first two accounts were identified while the owner of the third account was not. The owner of the first account was Arlin, who was Ala’s wife and Shohag’s sister. Arlin’s account Number was 200 0085 86959. The owner of the second account was Lally Begum, Shohag’s mother. Lally Begum’s account No. # was 02000 11638077. The victims handed cash money to Shoha, Shohag handed over the cash money to the account owner. They deposited the money into the 3 accounts (Exhibit P23).
      
2189. There was also evidence of a company account into which money taken from the victims were deposited into the account. The name of that company was Pramanlik Trading shown in Exhibit P23 which contained the details of that company including its Account Nunmber 1501201890898001 at Brac Bank Gulshan Branch, Dhaks, Bangladesh.
      
2190. There are overwhelming evidence of money transmitted between Bangladesh, other countries abroad and Vanuatu. The platform used was through transferring money in two ways: first, carrying cash money from India, Singapour, Fiji and Vanuatu; and second, transferring money through Western Union transfers.
      
2191. In relation to the cash money that the victms Banglashi brought in Vanuatu through India, in 2017, they brought an amount of US$ 217,146. In that year (2017), 24 victims carried US$146,000. Of the 24 people, 4 gave evidence in the trial, namely: - Abdul Jabbar, Jamal Hossin, Ashraful Islam and Ruhul Amid. The 4, who gave evidence in this trial, brought in Vanuatu from India, Singapour, Fiji and Vanuatu, an amount of US$ 24,000.
      
2192. In 2018, 53 people came from Bangladesh through India to Vanuatu and brought in Vanuatu an amount of US$ 244, 700. Among the 53 people, following gave evidence in this trial:- Mohammed Shahadat Hossain,Harun Rachid Or, Shobus,Robel Miah, Jahirul Haque, Mustafizur Rahman Shahine Khan, MD Mehedi Hasan. These 7 people mentioned had brought in Vanuatu US$ 26,900. Exhibit P24 of the combination of evidence of the victims, evidence of police officers of material obtained through seach warrant showed that the total cash brought in Vanuatu by the victims was of USD 385,300, which is equivalent to over 42 Millions Vatu (Exhibits P8 and P23).
2193. There is overwhelming evidence of the details of money transferred in Vanuatu from Western Union obtained by search warrant. A flow link chart was made on how money was transferred from overseas to Vanuatu and a report was also made to these (see evidence of police officers Tenderson Signo and Kenneth Whitely (exhibits P23, P24, P25 and P26 ).
      
2194. The fisrt flow chart indicated the senders of money from Australia, United Arab Emirates and included the names of individual senders. There were 5 senders from Australia; the first was Buxxoo Nabilah Bibi, Josim Uddirn (Palas’ brother), Rahman Mohammed Safie, Rahman Napia and Parvin Abida. Apart from Nabilah and Josim (Jashim), the 3 other persons were in Australia when they sent money.
      
2195. The second flow chart showed the senders of funds from Vanuatu being, Somon Sekdah, to people abroad in Indonesia, Myanmar and Vanuatu. The second part of the flow chart was about receivers of money in Vanuatu from Western Union, namely, Somon Sekdah, Nabilah Bibi, Palas and Mito. The fourth name was Kamrul Sekadah, the brother of Somon Sekdah.
      
2196. The second flow chart showed Nabilah who was the sender of funds from Vanuatu to Mauritius and India and the receivers in these countries.
      
2197. The third flow chart showed the senders of funds from Vanuatu being, Somon Sekdah to people abroad in Indonesia, Myanmar and Vanuatu. Somon sent money to Kamruzzaman Mohammed when he was in Indonesia. Somon sent money to Taibur (the same Taibur in Exhibit P23). It was also identified that Somon Sekdah could also be receiver of these funds (when he was out of Vanuatu). Vhryan Mahok was the second person from some time and he was of Bangladeshi national (Exhibit P25).
      
2198. The report of funds transmitted through Western Union, contained the summary outlining the financial activities of the funds remitted through Western Union transfer of Vanuatu. The report also provided the total amounts of money received by individuals here in Vanuatu. The report fuether indicated the transactions or transfers. It provided the receiver by different individuals in Vanuatu; it provided the total amount of funds remitted in Vanuatu.
      
2199. The total amount of Vatu Nabilah Bibi received from abroad was VT2,092,600 which consisted of 8 transfers from Australia and 1 transfer from Quatar. The names of the senders were in the box also identified (Exhibit P26).
      
2200. Somon Sekdah had received from abroad VT5,397,168. This corresponded to 21 transfers from Australia, 2 transfers from Fiji and 2 transfers from United Arab Emirates. Four (4) senders were responsible (se exhibit P26).
      
2201. Kamrul was the next recipient and he had received from abroad VT1,164,775 consisted of 5 transfers from Australia. Two senders sent money to Kamrul (Exhibit P26).
      
2202. Mito was the next recipient of VT2,650,921. There were 11 transfers from Australia and 1 transfer from Quatar and involving three senders also identified in the exhibit P26.
      
2203. Palas was the next recipient of VT2,093,954. This corresponded to 9 transfers from Australia involving two senders.
      
2204. The next was Mr Shohel MD Rana (accountant of Mr Price) who had received VT2,555,838 corresponding to 11 transfers from Australia involving 24 senders.
      
2205. PW20 (Police officer Kenneth Whitely) and PW 19 (Senior Sergent Tenderson Signo) had prepared a summary of the sums received by 6 people in Vanuatu through Western Union. The total amount was VT15,955,256. He had also produced summaries of all transactions involved; a total of 71 transactions (transfers).
      
2206. The report identified associates who had sent funds (money) from abroad; a receiver can receive 6 transfers a day which indicated on inference that the structuring of funds involved money laundering. It involved structuring of remittances (processes) not necessarily money which suggested money laundering. From the evidence, the logical inference indicated that structuring in the context of money laundering would be illustrated through conducting six (6) transactions a day which suggested hiding the source of the money that had been received in small amounts. This was why the Western Union could not question the source of funds or money that they received. If a big amount of money was sent, that could make Western Union questioning the transactions.
      
2207. There were restrictions of the amount of the money that could be transferred from one country to another. If one were to remit an amount exceeding the allowed amount, the Western Union had to submit the suspected amounts to Financial Unit and from there they reported the matters to the police. An amount of one million would trigger a suspension. There were fees imposed or levied in certain amounts of money from overseas. There are also additional fees paid when one sent money exceeding the allowable amount.
      
2208. From July 2018 to October 2018 (a period of 4 monhths), Nabilah Bibi would have sent in Vanuatu VT8,601,819 corresponding to 38 transfers in total. Nabilah Bibi also sent money abroad. The total of money Nabilah Bibi sent in other countries apart from the money sent in Vanuatu was of VT302,361. From his report, PW20 said Somon Sekdah sent money abroad ranging from VT9,205 to VT19,186. He could not determine the total. Pages 5 – 6 of the report confirmed the summary of money received by 4 people, namely Kamrul (the office executive officer), Mito, Palas and Shohel Rana (accountant of Mr Price). PW20 said in looking to the manner in which the funds were remitted to Vanuatu, as a financial investigator, he sought to determine why the transactions were made through Western Union instead of using ordinary banking telegraphic transfer. He replied that their findings were that they had questions surrounding the transactions; the amount was huge over VT15,000,000. The transfers were not made through the banks but in small amount through Western Union. So if one has to establish a business in Vanuatu, any funding related to that business was made through Western Union but not the banks in order to avoid detections. The connection with money laudering was that the transfer of small amount into the country triggered money laudering. This was equally applied to the money carried by individual victims from India to Vanuatu. That would be the same as the ones sent through Western Union. The victims carried these amounts from India, Singapore, Fiji and Vanuatu. They splitted the money into small amounts and given to each victim to carry to Vanuatu. Exh. P26 was the Western Union money transfer activity. So the total money remitted to Vanuatu was VT15,955,255. As PW20 was involved in the investigations, he said the cash money brought by the victims in Vanuatu was VT42,000,000.
      
2209. The search warrant was executed on 10 December 2018, Western Union responded quickly (December 2018). The Western Union supplied 3 sets of documents as a result of search warrant containing the dates of transactions, details of different transactions by individuals named in the search warrant, covering the period May 2017, April, July and August 2018, the amounts of money sent and received, the details of the recording countries, the details of the sender and the receivers of the money; the MTCN Numbers (transactions codes) ie, the tracking codes number, and the total amount of money sent.
      
2210. On these documents Somon Sekdah was the sender in the first transactions the receiver was Kamruzzaman Mohammed (MD) of an amount of VT12,700 and at that time Kamruzzaman lived in Jakarta, Indonesia. The total amount of money remitted was VT79,128.20.
      
2211. Another document on which the remittance date was 13 July 2018 with a total of 9 transactions. Nabilah Bibi was the sender and the receiver was Somon Sekdah. The amount sent was VT234,032.29 (date of transactions 13 July 2018). That transaction was called, 145 7633 497. Nabilah Bibi was the sender of money in the transactions of 12 April 2018 to Somon Sekdah (as the receiver) of the amount of VT101,632.28. The transaction number was 9954 62 8131. There were 9 transactions there with a total of VT1,972,024.
      
2212. The third document of 14 September 2018 Rahman Sofia was the sender of money of VT235,036.68 to Somon Sekdah (as receiver). The transaction code was 00 364 12 551.
      
2213. The last transaction in the third document was on 28 May 2017. The sender was Somon Sekdah and the receiver was Somon Sekdah of VT19,186.60. The transaction code was 9925 9647 60. This was evidence of Somon Sekdah sending money to himself and this was one instance that Somon Sekdah did exactly that. There were 21 transactions. The total amount remitted was VT4, 510,421.02. The transaction code for the last transaction was 9925 9647 60. The three sets of documents were admitted as Exhibit P27 (of 10 pages documents).
      
2214. Senior Sergent officer Kenneth Whitely (PW20) stated that in his report, he did rely on other sources of information than Exhibit. P27. He referred to the receipts found in the office of Mr Price during the search conducted in the execution of the search warrant. These receipts were not similar to the remittances. They found Western Union receipts. They also found receipts in respect to the money cash carried by the victims from India to Vanuatu. In his evidence on Exhibit P24, he found out that the money was deposited to two (2) accounts at the ANZ Bank. The first account was in the name of Somon Sekdah and the second in the name of Mr Price. He had also obtained the corresponding bank statements when executing the search warrant. As to Mr Price account, the address was, Bellevue Road, Shefa, Vanuatu. It was a cheque business account number 187 5993. The statement he obtained of that account was made on 17 December 2018.
      
2215. PW20 had prepared a summary of deposits or analysis. The summary of analysis showed the dates of deposits, nature of transactions, the amount in cash deposited, whether cash deposits or transfers. They have identified deposits slips, the bank statemetns and cash deposits to that account. The total amount was about VT13,000,000. In his previous evidence he said the total money cash carried by the victims from India to Vanuatu was VT42,000,000. The other account was that of Somon Sekdah at Tassiriki area, Port Vila, Vanuatu. It was a Vatu currency account, access every day, account No. 186 2917. The bank statement was on 17 December 2018. It was of 31 pages.
      
2216. He undertook similar exercise for his analysis. The total amount was about VT12,000,000. That would bring the total amount to VT25,000,000. So the remaining balance uncovered was around VT17,000,000. PW20 said they were looking at other accounts at National Bank of Vanuatu and Bank of South Pacific (BSP). There were accounts in the joined names of Somon Sekdah and Nabilah Bibi. Others in the name of Nabilah and Mr Price ie. Nabilah Trading as Mr Price. He had identified copies of the bank statements obtained through the search warrant at National Bank of Vanautu (NBV). The first set of account was in the name of Bibi Nabilah Buxoo, account number 01 – 60684 001. The second account was in the name of Bibi Nabilah Buxoo T/Mr Price and the account number was 01 60684 002 (12 pages documents). The NBV provided PW20 with two other accounts ending 003 amd ending 004. He was not able to determine the amounts of money deposited in these accounts ending with ...03 and ...04. He did not obtain statement from BSP either and therefore, he was unable to undertake similar exercise with any accounts held in the BSP. ANZ Mr Price Vanuatu Business cheque Account No. 817 5993 was Exhibit P28. Exhibit P29 was ANZ Somon Sekdah access every day account No. 186 2917. The third documents were of Bibi Nabilah Buxoo No. 01 60684 001 and Bibi Nabilah Buxoo Trading as Mr Price No. 01 60684 002. The two statements were under the cover of the NBV letter of 12 December 2018 admitted as Exhibit P30.
      
2217. PW20 was asked about his work and the documents he viewed of this case in obtaining evidence. He followed the same process of search warrant on bank officers of BSP, 2 bank statements. The first was in the name of Somon Sekdah Account No. 2000 8946 22. The second was in the name of Mr Price account number 2000 9423 97. The same exercise was followed with the BSP to ascertain the amounts deposited to this account. These two documents of BSP were admitted as Exhibit P31. PW20 confirmed obtaining statements from Fexco (Fiji) Limited operated from the office of Vate Electric, Lini Highway, and Port Vila, Vanuatu. The same process was followed to obtain documents from this company, through search warrant 3 sets of documents were handed over to the police. Those were individual remittances and the transaction No. 894 5572 225. Mito Akter was the receiver of the money, Exhibit P32.
      
2218. Based on the evidence and exhibits produced, the prosecution case has always been that money was paid to the people who assisted the recruitment of the recruits and also in the bank accounts into which those money were paid into. Some of the accounts are connected to people who undertook the recruitments and their families. Ultimately most of the monies ended up to money in the bank accounts that the prosecution referred to and contained in the record of evidence. There were several banks accounts that were identified during the prosecution case at the trial. The balance of the money were retained by those who initially received funds on behalf of Mr Price and Mr Somon Sekdah. They were used to pay the salaries of these complainants (victims) consisting of the portions that were given to the complainants’ relatives.
      
      4. Factual Findings on employing non- citizens without work permits
         
2219. There is overwhelming evidence that Mr Price Company, through its joined owners and share holders, Somon Sekdah and Buxoo Nabilal Bibi, employed non citizens without valid work permits (Evidence of Senior Labour Officer, Herve Kasten (PW22) and Police sergeant Tenderson Signo (PW 19)) in Ehibits P3, P9 and P10.
      
2220. The evidence is that, the normal process that a non-citizen individual or company would follow in order to obtain a work permit, were to abide by the requirements contained in the Labour Department’s list. These requirements would depend on the type of working permit. The Labour Department (DL) could issue three (3) types of work permits. The first is an exemption of work permit for a period of 1 week to 1 month; the second type is for 4 months which is a temporary permit; and the third is a valid permit for 12 months. So the valid 12 months is the permanent valid permit.
      
2221. It is a fact that, although it was called permanent work permit, it was only valid for 12 months. The application of these different types of work permits may be done in a progressive way. This meant that one could come in, applied for a temporary permit and during the duration of that temporary permit, applied for a valid permit. The commissioner or an acting commissioner decided any approval to be made in respect to any application for permit.
      
2222. Between 25^th June 2017 and 19^th November 2018. Thirty seven Bangladesh workers were employed by Mr Price at various locations in Port Vila at a time when they did not have a valid permit.
      
2223. As directors of the Mr Price Company, which employed them, both the accused persons (Somon Sekdah and Nabilah Bibi) were responsible for obtaining work permits for all workers. They employed foreign workers who did not possess valid Vanuatu passports.
      
2224. The evidence established clearly in Exhibit P10, the victims actual employment or business status with Mr Price Company and their respectful passports Numbers.
      
2225. The evidence established also clearly at Exhibit P9 a list of 21 workers with work permit and the others who have worked without a work permit.
      
2226. The names of these workers who worked for Mr Price Company without a valid work permit are as follow:- Hossaim Aslam, Alam M Nure, Uddin Mohi, Mohammed Monirul, Islam Saiful,Howlader MD Mofazzel Hossain, Atikur Rahman, Miah MD Kaysar, Rana MD Sohel, Maimum MD Shamim AL, Shahajalal, Amin Ruhul, Miah Majnu, Selim MD, Hossin Jamal, Hossen Jamal, Islam Ashraful, Uddin MD Nasir, Ahmed Shihab, Islam MD Nzmul, Isla Shariful, Hasan MD Mehidi, Syedi Mohammad, Shikder Saiful, Islam Rafiqul,Ahammad MD Nasim, Howlader MD Sarwar, Rashid Harun Or, Ahammad Farid Uddin, Islam MD Aminul, Hossain Zakir, Khan MD Imran, Faruq omar, Haque MD Fazlul, Bablu,Evrahim and Hannan Mohammad Abdul.
      
2227. There is no dispute about this fact.
      
      5. Factual Findings on false information provided to a labour officer
         
2228. In May 2018, Herve Kasten (PW22), a senior labour officer, was looking after the inspection unit of the DL. He had undertaken on site visits inspection of the location where people who have been granted temporary permits were working for Mr Price Company. During these inspections he was looking for, checking and verifying for people who having applied for technical positions, must have occupied these positions.
      
2229. In assessing the non-compliance of these technical positions, the DL would impose a spot fine (penalty) in the event that the non-citizen did not comply with a position that the company had applied for. The effect of those spot fines on a temporary work permit was that the Commissioner of Labour would revoke these temporary permits.
      
2230. The evidence established that on 21 May 2018, the Labour Office had received applications for 21 Bangladesh citizens who worked at Mr Price Company’s worksite opposite Tana Plaza.
      
2231. Nabilah Bibi lodged the 21 applications for the 21 workers on 21 May 2018. The applications made by Nabilah on behalf of Mr Price Company were in accord with the requirements of the check list Forms regarding the 21 applications.
      
2232. The names and occupations of the 21 workers provided by Nabilah Bibi to Herve Kasten (PW22), the Senior Labour Officer, for the purpose of the temporary work permits, are contained in the letter of the Acting Commissioner of Labour dated 1 June 2018 to the Chief Executive Director of Mr Price Company.
      
2233. For the present alleged offending in count 13 of the Information charge (of providing false information to a labour officer), only 19 applications for 19 workers will be considered. The names and occupations of the 19 workers as provided by Nabilah Bibi, are set out in the table below:-
      

No	Names	Occupation	From	To
1	Mr Moshahed Miah	Technician Auto Machinery	21st May 2018	21st September 2018
2	Mr Tutul MD Hasan	Technician Auto Machinery	21st May 2018	21st September 2018
3	Mr Muinul Hasan	General Manager	21st May 2018	21st September 2018
4	Mr Jabbar Abdul	Technician Wood Machinery	21st May 2018	21st September 2018
5	Mr Masum Mia	Technical Electrician	21st May 2018	21st September 2018
6	Mr Nadim	Technical Engineer	21st May 2018	21st September 2018
7	Mr Nazru MD Islam	Wood Carving Auto Machinery	21st May 2018	21st September 2018
8	Mr Nazrul Mohammad Islam	Technical Engineer	21st May 2018	21st September 2018
9	Mr Parvez Masud	Head of Technician Engineer	21st May 2018	21st September 2018
10	Mr Sajal Jomander	Wood & Furniture Carver & Designer	21st May 2018	21st September 2018
11	Mr Amir Hossen Howlader	Wood & Furniture Carver & Designer	21st May 2018	21st September 2018
12	Mr Abu Sayed	Wood & Furniture Dept/Designer	21st May 2018	21st September 2018
13	Mr Kowsar MD	Polytechnic Technician	21st May 2018	21st September 2018
14	Mr Amin AL	Wood Carver 7 Furniture Designer	21st May 2018	21st September 2018
15	Mr Rafique	Technician Auto Machinery	21st May 2018	21st September 2018
16	Mr Hasan MD Kamrul	Technical Engineer	21st May 2018	21st September 2018
17	Mr Miah Firoz	Accounting Manager/Assistant	21st May 2018	21st September 2018
18	Mr Rahman Shadidur	Head of Wood & Furniture Designer	21st May 2018	21st September 2018
19	MR Rana MD Rubel	Technical Engineer	21st May 2018	21st September 2018



2234. However, when Herve Kasten (PW22) and his team went on the worksite of Mr Price, checked and verified the compliance with the technical position of the workers on 28 May 2018, the non-citizens workers were not in accord with the applications. They were contrary to the technical positions Mr Price Company applied for (evidence of PW22).
      
2235. It is a fact that Mr Price Company had applied for technical position that a local ni-Vanuatu did not qualify to occupy the position as stated in the table above.
      
2236. However, at the site visiting at Mr Price company work site, all the work that these people (non-citizens) had been doing any ni-Vanuatu citizen could do. Some of these Bangladesh people who were said to be technical, pushed wheelbarrows, others used shavels and spades doing the types of works ni-Vanuatu citizens could do (evidence of PW22).
      
2237. It is a fact that the temporary work permits were granted at the time of applications (21 May 2018). The temporary work permits expired on 21 September 2018. Any renewal or review or application for permanent work permits has to be made before the expiry date of the work permits. The relevant applications were made after the expiry date. From 21 September to 25 September 2018, concerned non-citizen workers worked without a valid work permit.
      
2238. It is a fact that after the inspection of Mr Price Company work site opposite Tana Russet Plaza, all work permits previously granted (covering the period 21 May 2018 to 21 September 2018) were revoked by the Commissioner of Labour. Exhibit P3 was the letter of the Acting Commissioner of Labour dated 1 June 2018 addressed to the Chief Executive Officer of Mr Price revoking the 21 temporary work permits granted on 22 May 2018 for 4 months.
      
2239. The letter of 1 June 2018 was not revoking permanent work permits as no permanent work permits had ever been granted but for the 21 temporary work permits granted on 22 May 2018 for the 4 months covering the period 21 May 2018 to 21 September 2018.
      
2240. On 26 September 2018, Nabilah Bibi had lodged applications on behalf of Mr Price Company for permanent work permits (12 months) and she had provided to Herve Kasten (PW22), a Senior Labour Officer, the occupations or qualifications and the details of the workers for permanent work permits of 12 months for the same 21 workers as contained in the Commissioner’s letter of 1 June 2018.
      
2241. For present pupose, only 19 applications for 19 workers will be considered. Ms Nabilah submitted the applications on behalf of the 19 workers contained in the Commissioner’s letter of 1 June 2018 with their respective passport Numbers, work experiences and qualifications. Those applications are contained in the DL checklist Forms on Work Permit Applications exhibited in P39(1), P39(2), P39(4), P39(5), P39(6), P39(7), P39(9), P39(10), P39(11), P39(12), P39(13), P39(4), P39(15), P39(16), P39(17), P39(18), P39(19), P39(20) and P39(21).
      
2242. The table below provides what work experience or occupation and qualification of the 19 non-citizen workers Nabilah Bibi provided to the labour officer when she signed the application forms on 26 September 2018 and what the non-citizen workers (victims) said of their own education backgrounds and previous employments :-
      

No.	Name	Passport No	Work Experience/By Nabilah Buxoo	Qualification/By Nabilah Buxoo	Education Background/ By VICTIM	Previous Employment/ By Victim
1	Miah MD Moshahed	BP01190748	Technician Auto Machenary	Institute of Technology	HSC	Paultry Farm Business
2	Hasan MD Tutul	BQ0419219	Technician auto Machenary	Institute of Technology	?	?
3	Hasan Mulnul	BP0270750	General Manager	Infra Politechnic Inst	Hig Secd.Sch.Certf	Owned a Business
4	Jabbar Abdul	BJ0527204	Technician Woon Masonary	Tangail Polytechnic	?	Clothing business owner
5	Mia Masum	BQ0545687	Technical Electrician	BIT Polytechnic Inst	?	Textile Mechanical
6	Nadim	BQ0949866	Technical Engineer	Tangail Polytechnic Inst	High Secondary Sch. Certi	Painter
7	Islam Mohammad	BP0764380	Technical Engineer	HAZI ABDUL Instit of Tech	SS cert.Tangail	Super Market in Suida Arrabia
8	Islam MD Nazrul	BQ0899091	Wood Carving Auto Machenary	?	?	?
9	Parvez Mohammad Mazud	BHO980853	Wood and Furniture Designer	INFRA Polytechnic Inst
10	Jomaddar Sajal	BQ0142463	Wood Furniture cover & designer	Infra Polytechnic Inst	HSC	Businessman
11	Owlader Amir Ossen	BQ0308952	Wood & Furniture designer	Infra Polytechnic Inst	Class 8	Spare Part Business
12	Sayed Abu	BH0014552	Wood and Furniture designer Dept	Tangail Polytechnic Inst	Primary School level	Owned a Chicken Paultry busi
13	Kowsar MD	BP0992073	Polytechnic Technician	Infra Polytechnic Inst
14	Amin Al	BH0344272	Wood and Furniture designer	BIT Polytechnic Inst	Class 8	Businessman
15	Rafique	BC0691508	Technician Auto Machenary	Tangail Technic Inst	Refuse to submit his statement to the police
16	Hasan MD Kamrl	BQ060247	Technical Engineer Trainee	Deploma in Inst. Of Technology	Deplomer in Engineering	Student
17	Miah Firoz	BE0927373	Accountant	Tangail Polytechnic Inst	High Secondary Sch.Certi	student
18	Rahman Shahidur	BRO600385	Furniture & Design	BIT Tangail Institute	Secondary School level	NGO- lending Scheme
19	Rana MD Rubel	BR0224619	Technical Engineer	BIT Tangail Institute



2243. On 26 September 2018, when the applications of the 19 workers were submitted with information relating to their work experiences (occupations) and qualifications by Nabilah Bibi to Labour Officer Herve Kasten, each application form contained:
      
      • The Applicant’s certificate with a statutory declaration made by Nabilah Bibi to the effect that the information in the document is true to the best of her knowledge. She signed the declaratory statement on 26 September 2018 on behalf of Mr Price Company (employer) as a shareholding interest of 30% while Somon Sekdah had 70% shares of Mr Price Company.
        
      • Part 1, section 1 of the form contained the handwritten reasons to implement a non–citizen worker’s qualification and with each application respectively, Nabilah Bibi provided in each application the proposed qualification and occupation of each of 19 workers with Mr Price Company.
        
      • Part 2, section 2 referred to non-citizen employee and, there, Nabilah referred to each of the 19 concerned non-citizens workers, each worker’s respective trade, occupation or profession of the employee (worker) and the passport details of the employee (as shown in the table above at Paragraph 2223).
        
      • Nabilah Bibi provided with each of the 19 appications, following References: “Mr Price Bangladesh Ltd. Contact MD Kamruzzaman and References is available upon request”.
        
      • The application is attached with a letter from the Immigration Department dated 2 February 2018 to the Commissioner of Labour (Acting) bearing the name of Mr Price on the very top as his letterhead.
        
      • Nabilah Bibi attached with each of the 19 applications a letter bearing the name and stamp of Mr Price addressed to the Departement of Labour dated 26 September 2018. That letter said: - “Application for 1 year work permit. This is to certify that (named worker) is currently employed by Mr Price as (specified occupation). He will prove to be a good citizen while in Vanuatu and he will make sure that at any cost he will not dependent on the government of Vanuatu. Below attached the details of my company and also attached all these required documents for you to be able to process my application”. Mr Price signed that letter.
        
      • The last set of document with each of 19 applications was about the employment contract which started with the word: - “Mr Price hereby employ (named worker) in the position of (as stated)” by Nabilah Bibi in the table at Paragraph 2223 above. The contract was signed by the employee and Nabilah Bibi as the Managing Director of Mr Price.
        
      • Each application made by Nabilah Bibi on 26 September 2018, showed that each employee (worker) started work with Mr Price Company in the respective technical position referred to by Nabilah Bibi on May 2018.
        
2244. It is accepted as a fact that none of the 19 workers referred to in the applications, occupied the technical positions in the Mr Price Company in Vanuatu on May 2018 and on 26 September 2018 when the applications were lodged.
      
2245. It is accepted as a fact that they do not have the work experiences (occupations) at the time Nabilah Bibi submitted the applications to the labour officer on 26 September 2018.
      
2246. Below are some specific evidence of the non truthfulness (falseness) of information provided by Nabilah Bibi to Labour Officer Herve Kasten on 26 September 2018 about the work experience (occupation) and qualification of the non-citizen workers :-
      
      1. Evidence of Herve Kasten (PW22) referring to the letter of the Labour Commissioner (Acting) of 1 June 2018 at Exhibit P3 on Moshahed Miah. According to that letter, the occupation of Moshahed Miah provided by Nabilah Bibi was technician auto machinery and his qualification was said to be from Institute of Technology.
         
         1. Exhibit P9 showed that the previous employment that Moshahed Miah (victim) provided was poultry farm business. Moshahed Miah who was a witness in this case, sat in court and had provided to the prosecution with a copy of his registration of his poultry business with relevant Bangladesh Government Department. That document was handed up. It was in Bangla language. The translation of that registration of Poultry Farm Business was as follows: “People Republic of Bangladesh Government. District Agriculture Departnment Tangail Document no. 739. Date: 9 November 2015. Registration Number:/1258. Subject/Chicken Farm Registration. Hereby (Farm Name) – Messrs Moshahed Poultry Farm Proprietor – Mohammed Miah. Father: Mohammed Azim Urdin. Mother: X. Village: Pasarchala Koliya. Post Shokipur. District Tangail. Chicken Farm (Business Farm). Registered. Registration No. LC/1258. 9 November 2015. District Agriculture Department Tangail. If they do not cancel this registration, the registration will be 5 years. Signatures of: Doctor Binoy Kumar Nag. District Agriculture Officer Tangail. 9 November 2015. Stamped.” MFI (6).
            
         2. Nabilah provided the qualification of Miah Moshahed was from Institute of Technology. In exhibit P39 (1), document headed Mushahed Miah, that document ressembled to the document PW22 suggested earlier as a CV. It had a stamp of Mr Price at the bottom of the page. That document said of the qualification of Moshahed Miah of course completed in Hazi Abdul Hossain Institute of Technology.
            
         100. In Exhibit P9 where the details of Miah Moshahed were shown, the victim himself (Miah Moshahed) said his qualification was higher secondary certificate (HSC). This certificate was awarded by the Bangladesh Technical Education Board at Dakha. It was awarded on 4^th November 2013. The registration number of the certificate was: 280238. The father’s name on the certificate was: MD Hazim Urdin, MFI (7).
              
      2. Howlader Amir Hossen was the eleventh on the list of 19 non-citizens workers. The reason of employment of non-citizen worker was qualified in Infra Polytechnic Institute. Nabilah said Howlader Amir Hossen work experience was in wood and furniture designer. Nabilah said Howlader Amir Hossen was qualified in Infra Polytechnic Institute. However, the education background provided by Howlader Amir Hossen (victim) (in exhibit P9), was that he was of class 8 and his work experience was of spare parts business.
         
      3. Sayed Abu was the twelveth on the list of 19 workers referred to. The reason for the employment of non-citizen worker was he was a qualified designer for furniture. So the proposed occupation of the non-citizen was wood and furniture department designer. Nabilah said Sayed Abu‘s work experience was wood and furniture designer department. She said Sayed Abu completed his course in Tangail Polytechnic Institute. However, again here, Sayed Abu himself provided his education background as at the primary school level; and his previous employment was that he owned a chicken poultry farm business.
         
      4. Al Amin was the fourteenth on the list. Nabilah provided information to Herve Kasten (Labour Officer) on 26 September 2018 describing Al Amin’s work experience as wood carver furniture designer; she said of Al Amin’s qualification that he had course completed in BIT Polytechnic Institute. However, again here, Al Amin provided evidence that his work experience was a businessman; and that his qualification was of a class 8 level (Exhibit P9).
         
      5. Miah Firoz was the seventeenth on the list. Nabilah provided the work experience of worker Miah Firoz as experience as accountant. She provided his qualification as course completed in Tangail Polytechnic Institute. Here, based on exhibit P9, Miah Firoz described himself as a student. He described his qualification as high secondary school certificate (HSSC).
         
      6. Rahman Shahidur was the eitheenth on the list. The reason given by Nabilah for the employment of a non-citizen worker was head of technical engineer. His qualification was said to be of Tangail BIT Institute. Rahman Shahidur’s Work experience was described as Head of wood and furniture design. But Rahman Shahidure provided his work experience as NGO lending scheme and he said his qualification was of secondary school level (exhibitP9).
         
2247. There is overwhelming evidence that the information provided by Nabilah Bibi to Labour Officer, Herve Kasten, on 26 September 2018 of the work experiences (occupations) and qualifications of the 19 non-citizen employees of Mr Price Company, were false.
      
2248. The next question is whether Nabilah knew that the information she provided to the labour officer on 26 September 2018, was false.
      
2249. It is a fact that Nabilah was the Managing Director of the employer, Mr Price Company and she is also one of its shareholders. The 19 non-citizen were recruited and employed by Mr Price. Nabilah on behalf of the Mr Price, filled in information in the forms relating, first, to the temporary work permits of these 19 non-citizen workers on 21 May 2018. She filled in, then, the forms for permanent work permits of the same 19 workers on 26 September 2018. By filling the forms, Nabilah, as applicant, was required to complete tick boxes on the application forms of the Labour (Work Permits) Act acknowledging that she understood the requirements under the Act. She had made declations and signed them that the information she provided to the labour officer on 26 September were true to the best of her knowledge. The evidence is to the contrary as she provided incorrect information on the work experiences (occupations) and qualifications of the non-citizens workers.
      
2250. Nabilah as the managing director of Mr Price, had access to personal detailed information in respect to each 19 non-citizen workers who were said to be employed by Mr Price on 26 September 2018 occupying these technical positions in question. It is noted and accepted as fact that Nabilah filled in the Labour (Work Permits) forms with detailed personal information of the non-citizens workers .It is a known fact that Mr Price Company had a non-citizen workers scheme within it to implement. Nabilah was responsible to fulfill the non-citizens workers’ employment scheme of Mr Price through her applications for permanent work permits of the 19 non-citizens workers on 26 September 2018.
      
2251. Nabilah is the only person who filled in the forms and signed them to be true. The evidence is that she provided false information to a labour officer on 26 September 2018. The only factual and logical inference is that she must have known that the information or some of the information she provided in relation to the 19 non-citizens workers on 26 September 2018 were false.
      
      2. Factual Findings against Somon Sekdah on Intentional Assault and Threats to Kill a Person
         
         1. Intentional assault
            

(i). The following are the accounts of assaults perpetrated on the bodies of Jamal Hossin, Amir Ali, Ashraful Islam and Sohel Rana based on the accepted evidence of: Mohammed Shahadat (PW17), Jamal Hossin (PW16), Islam Ashraful (PW8) and Sohel Rana (PW12) on a date in August 2018 at Pango house In Port Vila. Shahadat Hossen gave the detailed accounts of the incidents at Pango house at a night which started with a meeting.



2252. That night about 7:30 – 8:00pm, Somon Sekdah, Palas, Somon Miah, Musharag, Kausar (fat), Kausar (tall) all came to Pango house No. 1. They all sat in the living room. Somon Sekdah told Anowar to call everyone to come to the meeting. Everyone came and sat in the living room. Anowar called PW17 to attend the meeting in the living room. He saw Somon Sekdah was sitting on a chair. People who came with Somon Sekdah were standing around Somon Sekdah from his left and right side. Somon Sekdah sat on the chair crossing his right leg on top of the other, holding a cane and cigarette while another was holding a packet of cigarettes and a glass of water. Anowar was standing on Somon Sekdah’s right side.
      
2253. Few minutes after, when Amir Hussein was walking inside the living room, Somon Sekdah kicked Amir Hussein and Amir fell on the floor. Somon Sekdah punched Amir on his face, nose, and chest and everywhere on Amir’s body. Then Somon Sekdah used the shoes he was wearing and assaulted Amir’s body with the shoes on his face, nose, chest and back. When Somon Sekdah was punching Amir, Amir was lying on the floor. Amir tried to get up, Somon Sekdah punch him again. Somon Sekdah told Amir to stand he assaulted him and the shoe was broken. Somon Sekdah then asked for a stick. Rofic got a timber stick and gave it to Palas. Palas gave that timber stick to Somon Sekdah.
      
2254. Somon assaulted Amir with the timber stick until the stick was broken. Somon Sekdah assaulted Amir with the stick on his chest, back and legs. Amir was crying. PW17 said Somon Sekdah had beaten the body of Amir for about 25 – 30 minutes. Amir was lying on the floor in front of PW17.
      
2255. After the stick was broken, two others were brought in, Jamal and Hashraful. Someone counted 1, 2 and 3 people who came with Somon Sekdah started to assault these two. Palas, Shohag, Anowar, Moinur, Nadim, Kausar (fat), Somon Miah, Musharaf, Rofic and Kausar (tall) assaulted these two. Some slapped, punched and kicked Jamal. Others did the same to Hashraful. PW17 said he got afraid. Somon Sekdah was sitting and smoking.
      
2256. When Jamal and Hashraful were assaulted, they were lying on the floor. Jamal asked for water. Somon Sekdah held the broken stick on the right side of Jamal’s neck. Then Somon Sekdah told Jamal and Hashraful to fight each other. Jamal and Hashraful punched each other and Somon Sekdah hit them with the stick to punch each other harder.
      
2257. Then Sohel Rana (glass) walked into the living room. Somon Sekdah told Shohel Rana (accountant) to assault the other Sohel (glass). Somon Sekdah was still sitting on the chair. Shohel (accountant) kicked Sohel when Sohel was sitting and slapped him. Sohel was crying sitting there. Somon Sekdah told Jamal and Hashraful that they had to go to work the next day. If they did not go to work on the next day, he will come back and assault them again.
      
2258. Somon Sekdah directed Anowar to send both to work the next day and if they died, Anowar will send their dead bodies at the working site (as they both worked at the Mr Price worksite opposite Tana Russet).
      
2259. Somon Sekdah, apart from talking to these assaulted, also talked to everyone present that if anyone shared this incident with any local people or any people in Bangladesh and if he found out, he will beat that person again.
      

(ii). Jamal Hossin gave account of an aspect of the incident of assault occurring at Pango house at night that after he was assaulted by Somon Sekdah’ s men as directed by Somon Sekdah when Somon counted 1, 2 and 3 for them to assault him, he was lying on the floor.



2260. He asked for water. Somon Sekdah told him to stand up. He could not stand up as he was weak and he did not have energy to stand up. Somon Sekdah asked Rofique to give him a stick, described to be of 7 centimeters. Somon Sekdah used the stick to hit Jamal Hossin several times on his backside while he was lying on the floor. Jamal felt bad and painful. He thought he was going to die. Somon Sekdah told him that if he died, they will put his body into the deep freezer. He felt his body was paralysed as he could not move his body. Somon Sekdah directed the supervisors to send him and the 3 others to work at the worksite of Mr Price.
      
      2. Threats to kill a person
         
2261. There was evidence of two instances of threats to kill a person perpetrated by Somon Sekdah. The first was the threats to kill Rubel Miah. Rubel Miah (PW13) did speak to his family in Bangladesh about the situation he was living in Vanuatu working with Mr Price. He has taken pictures of the food and sent them to his family. He had told them that the situation was not good and he wanted to return home. So while he was taking pictures and sent to his family, Somon Miah (office employee) took Rubel’s Phone searched in and read his messages. Somon Miah reported the matter to Somon Sekdah and gave Somon Sekdah Rubel’s Phone. Somon Sekdah searched in the mobile phone of Rubel Miah, deleted Rubel Miah’s messages without his permission.
      
2262. Thereafter, Rubel Miah was told to go to Mr Price showroom. When he entered the showroom, Palas, Shohel, Kamrul (office), Nadim and Kausar were in the showroom.
      
2263. Inside the showroom, Somon Sekdah, surrounded by his assistants, asked Rubel what had happened to him? He told Somon Sekdah he wanted to return home to Bangladesh. Then Somon Sekdah told him if he wished to die, whether he knew who Somon Sekdah was? Somon Sekdah asked him whether he knew what he could have done to him. He would beat him, assault him and hang him on a tree. After that he would cut him into pieces, spread salt on his body and send his dead body over to his family in Bangladesh. Somon Sekdah used the word “Malvo” meaning Rubel Miah was going to die.
      
2264. When Rubel Miah heard these words in the presence of others, he could not stand in that situation, he was crying. He thought Somon Sekdah will kill him and he could no longer return to home to Bangladesh.
      
2265. The second incidence of threats to kill by Somon Sekdah was in relation to MD Mushahed Miah (PW15). The evidence established that on the 1^st week of December 2017, Shohel who lived in Bangladesh with his brother in-law – Shah Alam Sahin called him by phone and wanted to know his situation and where he lived in. He told them that he lived in Vanuatu. They did not send him to Australia yet. They did not provide any document in Vanuatu. He explained that he referred to the fact that Mr Price Company did not provide him with any document for Australia while he was living in Vanuatu.
      
2266. While he was talking to them on the phone, he turned and saw Anowar was standing behind him holding his telephone. Anowar was trying to listen to him and of what he was talking about on the telephone. When he saw Anowar standing at his back, he switched off his phone and went into his room. Just 20 minutes after he saw Anowar at his back, Somon Sakdah arrived at Pango house.
      
2267. While he was in his room, Anowar told him that Mama (Somon Sekdah) was calling him to go outside near Somon Sekdah’s vehicle. Somon Sekdah’s vehicle was in the yard between the 2 houses (houses 1 and 2) near a coconut tree there. He identified the place Somon Sekdah’s vehicle was (Exhibit) P4 – page 10 and marked MF1 “A1”. Anowar and Shohag took Him to Somon Sekdah’s vehicle at Pango. Somon Sekdah told him to go inside the vehicle. This was about 3.00 PM in the afternoon. Mushahed Miah sat in the back seat with Anowar and Somon Sekdah was at the driving seat and Shohag at the front seat in the vehicle.
      
2268. Somon Sekdah was angry and raised his voice. Somon Sekdah told him that this was the last time that Somon Sekdah said this to him. If anyone called from Bangladesh, Mushahed Miah had to tell him good things about the company. Somon Sekdah asked him if he had understood that. Somon Sekdah continued – that if he heard that Mushahed Miah said anything bad about the company, he will kill him (PW15) by his vehicle and let his family knew that it was an accident. Mushahed Miah said Somon Sekdah will drive his vehicle on him and kill him and will disguise this as an accident.
      
2269. Mushahed Miah was afraid and concerned that Somon will kill him.
      
2270. I now provide my final consideration and assessment on Somon Sekdah and Nabilah Bibi respective cases, defences and evidence. I start with the case, defence and evidence of Nabilah Bibi.
      
      100. Assessment of Nabilah’s case, defence and evidence
           
2271. Nabilah Bibi denied her involvement in each and all offences. That is her right. In her evidence in chief she gave evidence in support of Somon Sekdah. At the beginning of her cross examination by the Public Prosecutor, she maintained her evidence in chief until a turning point when Somon Sekdah gave her specific written instructions to tell her what to say in her evidence under cross examination by the prosection about himself and that every one respected him. (I noted the time and the utility of the change of the evidence in material particular adverse to a co-accused. But the motive of such a saddened change of evidence, is only known to her)
      
2272. Nabilah said she decided to tell the truth to the court and that she decided to stop telling lies to court as directed to her by Somon Sekdah. In her cross examination by the Public Prosecutor, she gave evidence contradicting the evidence of Somon Sekdah and her own evidence in chief admitting, among other matters, that her involvement in the offences of trafficking in persons was because Somon Sekdah forced her to travel overseas and in particular to India to escort the victims to Vanuatu and to Australia to send money via Western Union Transfer systems to Vanuatu.
      
2273. Nabilah gave detailed accounts of the behaviours and characters of Somon Sekdah as a violent husband and a violent person corroborating the evidence provided by the prosecution witnesses in this trial. Somon Sekdah seemed not to address these by not dweling on the details while he was given the opportunity to cross examine Nabilah on her evidence given under cross examination by the prosecution.
      

Corroborating Warning



2274. In this trial, I sit as a judge of fact (jury) and a judge of law. The court is faced with the situation where one accused (here, Nabilah Bibi) gave evidence of the criminal disposition of the other co-accused (Somon Sekdah). I ask myself, as a judge of fact, whether the circumstances of this case, require that I should make an accomplice warning. I decide to do so in the present case, by adapting (as my own) what courts have said, in the following respects:-
      

“I consider that in the generality of cases in which an accused person gives evidence implicating a co-accused, it would be necessary, or at least desirable, to advise or warn myself as a judge of fact (jury) to exercise caution in relying on that evidence alone to convict a co-accused because of the interests of his own which the implicating accused has to serve. [R v Corak and Palmer (1982) 30 SASR 404, 413 (CCA)]. I further consider that, there is one matter which must be stressed in all cases where a warning is given. It is essential that in the interest of the accused who gives the evidence that the warning should be restricted in terms to those parts of the evidence which implicate any co-accused. It is clear to me, as the judge of fact (jury) that the warning is to be applied only when I am considering the case against the co-accused. I sense that it is not open to me to believe that the warning might attach to the accused’s evidence in his or her own case.” [R v Henning (11 May 1990, NSW CCA, unreported)].



2275. This is the approach I follow in respect to Nabilah’s case, defence and evidence, which I will apply in this case.
      
2276. Nabilah Bibi by her change of evidence in the course of the trial admitting her involvement in the offences of trafficking in persons (as escort), slavery (as joint owner and partner of Mr Price Company), Money laundering (receiving and sending foreign (currencies) money to Vanuatu from abroad), employing foreigh workers without valid work permits clearly will establish her culpability as an accomplice (based on her own self interest statement).
      
2277. In terms of providing information to a labour officer, on 26 September 2018, knowing that the information provided is false, the evidence from the prosecution is overwhelmingly against Nabilah Bibi when she signed the (statutory) declaratory statement before the labour officer and filled in boxes for work permits before the labour officer on the said date. This is more likely a strict liability type offence consequent upon Nabilah’ own knowledge of the falseness of information but nevertherless, recklessly knowing the falseness of the information and the likely consequence, she provided the false information to the labour officer, in any event.
      
2278. Any evidence which existed in favour of her non culpability is rejected in respect to each and all offences lay against her in this trial.
      
      4. Assessment of Somon Sekdah case and evidence
         
2279. Somon Sekdah case is that he has denied each and all the counts laid in the information against him. That is his right. Somon Sekdah himself gave evidence. He called witnesses to support his case and defence.
      
2280. Somon Sekdah’s evidence is full of contradictions, inconsistensies and lies. Somon Sekdah is a dishonest, manipulative and untrustworthy witness. He is not a credible witness. Somon Sekdah on many instances as shown in the evidence attempted to influence and interferes directly with the course of the evidence and trial. The following illustrate this - evidence given by Somon Sekdah’s own witnesses. Somon Sekdah talked to Melterongrong Placide about the material issues before the court and told him to put those in his statement although Melterongrong Placide did not know and did not understand any of the offences and this was done to protect Somon Sekdah; Somon Sekdah went to talk to George Paul with a correctional officer about the material issues before the court and the said correctional officer wrote George Paul’s statement. It was not Geoge Paul’s statement. The statement was a mixture of lies and things he was told to say that he knew nothing about but falsely pursued in his written statement, knowing that it was potentially false. George Paul used it in this trial to protect Somon Sekdah. The same observation could be said to the evidence of Rosa Noel. Somon Sekdah (and Nabilah) talked to her and Roy Simon who was working for Somon and Nabilah (and was of the same Island than Rosa Noel asked her to make a statement in the way she did and the things she said to protect Somon Sekdah, although she did not understand or being aware of them.
      
2281. Somon Sekdah evidence is rejected in its totality. The evidence is overwhelmingly against him in each and all counts lay against him by the prosecution as set out above in the factual findings by the court.
      
2282. These factual findings were made solely on the prosecution overhwelming evidence against Somon Sekdah on trafficking in persons, slavery, money laundering, employing foreigh workers without valid working permits, Intentional assaults and threats to kill a person.
      
2283. Further, it is a fact that Nabilah’s evidence under cross examination by the prosecution against Somon Sekdah was in support of the prosecution evidence, and as such, corroborates the culpability of Somon Sekdah as the principal offender on the offences in this case.
      
      5. Factual Findings against Anowar Hossain
         
      1. Slavery
         
2284. Anowar Hossain travelled in the third group, a group jointly escorted by Somon Sekdah, and arrived in Vanuatu. The evidence is that the two became acquainted during the journey to Vanuatu, and the evidence of Anowar was that Somon was impressed about the account of his multiple skills. The evidence suggests that those who arrived early received special treatment that others who arrived later did not get. The prosecution witnesses suggested in their evidence that the reason for this treatment was to create a positive impression in their minds about their employer and the company, and to encourage them to recruit family members and friends from Bangladesh. It is therefore not surprising that some of these people developed close ties with Somon and became his close and trusted associates. They becamse his trusted lieutenants, attended meetings that Somon called, attended to his every instruction, reported on others, enforced rules and even engaged in acts of thuggery that Somon ordered. Anowar was on of these men, and so was Palas Hosan. After Anowar arrived in Vanuatu, the evidence suggests that he lieved the entire time at Pango house.
      
2285. The privileges they were afforded, including meals with the boss, ability to cook for them, to accompany their boss and exercise authority over others placed them in a different category compared to the others: the real victims. They understood the privileges they were given, enjoyed the benefits that came with it, and at no time did any of them decide to countermand the boss’ wishes or inform the boss that he did not wish to be part of the group any longer. The evidence suggests that in exchange, some were promised support to set up businesses of their own in Vanuatu, share the prospective prosperity of Mr Price. They were aware of these and agreed. The prosecution says that the registration of the two companies Asian Junction and Shopping Crowd should not have been a surprise to the third and third defendants like they suggest.
      
2286. None of them suffered the humiliation and hurt that others experienced. They were never assaulted; rather they unhesitantly and in a cowardly manner joined in beating up others.
      
2287. The prosecution evidence against Anowar was consistent. Despite his vehement denials, the witnesses idenfitied him as a supervisior at Pango house. Other witnesses like Shohel (accountant), Sohel Rana (glasses) and Shahadat also mentioned that Anowar occupied the additional role as a supervisor at the construction site. At Pango, Anowar was supported by Nasir, Shakip, Monir, Rafiq and Saiful in his role.
      
2288. The witnesses who lived for some time at Pango spoke about how Anowar exercised authority and control over others. He was never good to them, nor showed any compassion. The evidence suggests that he appeared to exercise the authority he had been given to the fullest.
      
2289. According to Moshahad, Anowar not only enforced the rules at Pango house, he spied on residents and passed the information to Somon. Once, Anowar and Shohag assaulted Moshahed in Somon’s car when Somon told them to.
      
2290. Shahadat testified that Anowar did not allow him to go out of Pango when he asked. Anowar also refused to take him to the hospital when he sought medical help. Shahadat also described Anowar as uncompassionate and harsh. He mentioned how Anowar did not allow the use of the washing machine, the fan and the heater at Pango house. He also mentioned how Anowar would not allow them to use the house furniture, turning over the chairs, tables and sofa, forcing them to sit on floors. He even unknowing to the victims, recorded conversations with others on the phones for the purpose of sharing these with Somon.
      
2291. The prosecution evidence was that Anowar was actively involved in recruiting others. He was engaged in part in recruiting Moshahed Miah. He communicated through his phone and gave advice about travel arrangements and the payment of money to his brother in law. He also spoke several times to his sister about outstanding business fees.
      
2292. The true extent of Anowar’s recruitment can be gleaned from the tables in Exhibit P8. It was significant.
      
2293. Anowar gave evidence and was cross-examined. He was evasive, shifted blame on others and exaggerated his evidence, evidence that he was sometimes forced to retract.
      
2294. In the relation to the PWD report of the works at the construction site that critiqued the quality of his workmanship relating to the electrical work, he blamed for the company for the poor quality of the wiring when he was supplied, nor was the quality of the wiring ever a subject of the report. Although he was one of the supervisors at the site, he did not hesitate to transfer the blame about the poor workmanship onto others. He did the same when he was questioned about the shortfall in design and workmanship. He also blamed the company. He even attempted to change his role from the supervisor to a project manager, where other could be blamed.
      
2295. During his evidence in chief, Anowar claimed that his neck was “totally broken”, after a road accident in November. He sought to justify this by saying that the doctors recommended that he be taken to Australia for specialist treatment after finding that “... meat had come out of the bone and meat was injured in his neck and shoulder ...”, and that he was cared for by others at Pango. When cross-examined about the limited treatment given and how he should not be still alive if his claims were true, he started to qualify his answers suggesting that his neck was not totally broken and even blamed the translator for an error in the translation. He was also reminded that Moshahed and Jabal denied that they helped him during that time. When confronted that his description of the accident would not left anyone alive, he maintained that he had not exaggerated his evidence.
      
2296. Anowar also blamed Somon and Nabila about the absence of documentation about his qualification in relation to the construction of the swimming pool when he clearly had none. He was also caught out when he claimed that he was the supervisor of the construction side between June and July 2018. This was when the Labour Department revoked the work permits of the 21 workers at the beginning of June 2018, and presumably no work was undertaken at the site.
      
2297. Anowar has also claimed during his examination in chief that he was unaware of the registration of Shopping Crowd. This was despite the cautioned statement that he gave the police on the 21^st November 2018 when he stated that his occupation was a businessman and that his business address was Shopping Crowd. He had earlier said that he knew Somon Sekdar and had wanted to business with him.
      
2298. It had been suggested to Anowar that he had sufficiently impressed Somon of his loyalty and diligence as a supervisor that Somon showed him favour over the others. He was remined about how Somon took him shopping in Myanmar, how he didn’t have to carry anything extra during the journey to Vanuatu, how he had a room to himself and how Somon gave him 20,000Vatu at one point.
      
      2. Intentional Assault
         
2299. The assaults at Pango perpetrated by a number of people were explained by Shahadat, Shohel Rana (accountant) and others. It was Shahadat who saw Anowar assaulted Jamal and Ashraful.
      
2300. Islam Ashraful‘s account of the assaults was that when Somon and the group of people coming with him entered the living room of house 1 at Pango house, they called Amir in a room. They closed all the doors and windows. Somon Sekdah was standing. The rest of the people he came with were standing around Somon Sekdah.
      
2301. Somon Sekdah kicked Amir and Amir fell down. Then Somon went on kicking and punching Amir and told everyone that he had assaulted Amir; his body and hands were tired, he was wondering how he was going to beat Jamal and him (Ashraful). Somon said he will count 1, 2 and 3 and these who came with him including Palas and Anowar will assault Jamal and him (Ashraful). So Somon Sekdah counted 1, 2 and 3 and he saw Palas, Anowar, Kausar 1, Kausar 2, Musharag, Moinure, Nadim and Somon (office employee) started to assault him and Jamal. They punched and kicked both of them. They assaulted them on every part of their bodies. He and Jamal started crying. Somon told both of them to stop crying otherwise he (Somon Sekdah) will continue to assault them until they stopped crying. Their faces and bodies were swollen up
      
      6. Assessment of Anowar Hossain defence and evidence
         
2302. It is accepted that Anowar Hossain did not make an application to register a business under the name of Shopping Crowd. That was Nabilah’s making under the direction of Somon Sekdah to recruit more people in that company.
      
2303. However, there is ample evidence of his role as supervisor at Pango house and Mr Price work site at Tana Russet Plaza, his involvement in the implementing the rules and his participation in the group assaults of the victims at Pango in August 2018.
      
2304. Anowar Hossein evidence to the contrary is rejected.
      
      7. Factual Findings against Palas Hosan
         
      1. Trafficking and slavery
         
2305. Palas travelled in the frist group with Somon and Nabilah, together with Sohag and Musharaf. He was therefore firmly settled in Vanuatu before other arrived, and had time to establish a close relationship with Somon, and demonstrate his loyalty to him. The first three recruits received favourable treatment from Nabila and Somon. As the evidence unfolded, it became apparent that Palas was always prepared to do the little things for his boss, like receiving money on Western Union (Exhibit P26) on their behalf.
      
2306. When asked during cross-examination how he sent picture and messages to his family in Bangladesh, he readily agreed that he sent photos of sites he was taken to in the weekends. These pictures were used to entice members of his family and friends to come to Vanuatu, and also gained support from some of them to help recruit others.
      
2307. Exhibit P8 discloses the substantial number of victims that Palas recruited directly and others made through members of his family, including his father and his brother. Nothing was said to challenge those evidence. They remained largely uncontroverted.
      
2308. During his cross examination, he sought to distance himself from his brother Josim, who he claimed was living in Qatar but who had returned to Bangladesh to avoid police investigation and to support Palas’ recruitment program. It is noteworthy that when asked by the police during his interview on the 25^th November 2018, Palas accepted whilst answering question 44 that he was Josim’s big brother.
      
2309. Evidence had been led about Josim’s role, which the prosecution said was ostensibly to support Palas. Evidence was also led about the use of Josim’s wife Janatu Rahaman Judy’s bank account with Rupali Bank to deposit money paid by recruits. It was the same account that Palas required Shahin (PW3) to deposit his business fees in when they met at Pango house. He scolding victims when they didn’t dress well at meetings with Somon that Jahirul mentioned, strongly promoted the business option directly during meetings with victims or through others like Shohel Rana (accountant), received new recruits when they arrived in Vanuatu and collected passports, money and materials carried by these people. He remined the victims about the risk of grave consequences if Somon’s instructions were not obeyed or expectations not met.
      
2310. This evidence seemed to have been corroborated by Nabilah’s testimony that Palas was perhaps the one who was most influenced by and followed the whims of Somon.
      
2311. Significantly when asked by the police during an interview on the 25^th November 2018 how he came to know Mr Somon, he answered “... yes I know him very well because I want to do business with him”.
      
2312. Palas made an important revelation in his cautioned interview statement dated the 25^th November 2018. At question 20, following a very general question by the interviewing officer, he told him that he communicates with Sojal in Bangladesh about other people, it can be inferred those who will be recruited. He also admitted that he collected money from a number of victims, and in that group six people.
      
2313. Despite vehement denials by Palas, there was overwhelming evidence that Palas was the supervisor at Tassiriki house, and also one at the construction site. Significantly when he was questioned by the police, the police did not inquire into the role but merely asked at question 17 where Palas lived in Vanuatu. Without hesitating he replied that he lived in Tassiriki and that he was “... in charge”. Again in the following question (18), he was asked about the owner of the property. He volunteered that it belonged to Mr Somon, but that he was “... in charge of the property and the peole who live ...” there.
      
      2. Intentional Assault
         
2314. The assaults at Pango perpetrated by a number of people were explained by Shahadat and Shohel Rana (accountant) and others. It was Shahadat who saw Palas assault Jamal and Ashraful. Shahadat also saw Palas bring a stick that was used to assault Amir Hossein.
      
2315. Islam Ashraful also gave account of Somon Sekdah counted 1, 2 and 3 and he saw Palas, Anowar, Kausar 1, Kausar 2, Musharag, Moinure, Nadim and Somon (the other) started to assault him and Jamal. They punched and kicked them both. They assaulted them on every part of their bodies. He and Jamal started crying. Somon told both of them to stop crying otherwise he (Somon Sekdah) will continue to assault them until they stopped crying. Their faces and bodies were swollen up.
      
2316. Ashraful further said that after the shoe Somon Sekdah used to assault the body of Amir with was broken, Somon Sekdah asked Palas to get a stick. Palas gave Somon Sekdah a timber stick of 1 or 1, 50 meter length. Somon used the stick to assault the body of Amir Hossen.
      
      8. Assessment of Palas Hosan defence and evidence
         
2317. Like the the situation of Anowar Hossain, it is accepted that Palas Hosan did not make an application to the VFSC to register a business by the name of Asian Junction. That was the making of Nabilah Bibi at the direction of Somon Sekdah to recruit more people under that company.
      
2318. There is, however, overwhelming evidence against Palas Hosan in the recruitment scheme of the victims in Bangladesh who came to Vanuatu as the major recruitor, his role in the collections of money, using his brother Josim Uddin and the bank accounts of Josim‘s wife, Janatu Rahman, at Rupali Bank to deposit money paid by the recruits in Banglash to come to Vanuatu or abraod.
      
2319. There is evidence of his involvement as supervisor at Tassiriki house and in his own evidence he was in charge of that house. His further role as a foreman at Mr Price worksite at Tana Russet Plaza. There is also evidence of his involvement on the assaults on the victims as a close associate of Somon Sekdah in Pango house in August 2018.
      
2320. Palas Hosan evidence to the contrary is therefore rejected.
      
2321. I will now apply the law to facts.
      
11. APPLICATION OF LAW TO FACTS
    
    1. Overview of submissions of parties
       
2322. I have read the submissions of the prosecution, submissions by Somon Sekdah, Submissions by Nabilah Bibi and submissions by Counsel for Anowar Hossein and Palas Hosan.
      
      1. The prosecution submitted ultimately that based on the totality of evidence provided by the prosecution through witnesses’ testimonies and documentary evidence, there is sufficient evidence that each of the accused be convicted beyond reasonable doubt. I will set out and consider the Public Prosecutor’s sbmissions later on.
         
      2. Somon Sekdah filed 70 pages of submissions. I will refer to some aspects of his submissions later on. He submitted that he is not guilty of the following offences as the prosecution failed to prove them on beyond reasonable doubt:
         
         1. Trafficking in person, contrary to s. 102 (b) of Penal Code;
         2. Slavery, contrary to s.102 (a) of Penal Code;
         3. Money Laundaring, contra ry to s. 11(3) of the Proceeds of Crime Act N0.13 of 2002;
         4. Intentional Assault, contrary to s. 107 (b) Penal Code;
         5. Threats to kill a person, contrary to s.115 of Penal Code;
         6. Employing non-citizens without work permi, contrary to s. 6 (1) of Labour (Work Permit) Act [Cap 187].
            
      100. Nabilah Bibi filed 29 pages of submissions. She submitted that she is not guilty of the following offences as the prosecution failed to prove them on beyond reasonable doubt:
           
           1. Trafficking in person, contrary to s. 102 (b) of Penal Code;
           2. Slavery, contrary to s.102 (a) of Penal Code;
              
           3. Money Laundaring, contra ry to s. 11(3) of the Proceeds of Crime Act N0.13 of 2002;
              
           4. Employing non-citizens without work permi, contrary to s. 6 (1) of Labour (Work Permit) Act [Cap 187].
              
           5. Furnishing false information to a labour officer, contrary to s. 17(1) of Labour (Work Permit) Act 1986.
              
2323. On Trafficking in Persons, Nabilah Bibi submitted that there was no indication of dishonesty or deception on the part of Nabilah Bibi. There is no evidence of any link with the witnesses to Nabilah Bibi. The witnesses blamed Somon Sekdah and others for their situations. Somon Sekdah used Nabilah Bibi to do the escorts because authorities would not suspect her.
      
2324. On Slavery, she submitted that she owns 30% of Mr Price, but throughout trial and the evidence, everything was directed by Somon Sekdah. He paid for the accommodation, he paid for the food, and he would elect his own supervisors. He would shoose who is going to stay in which house. He as the employer he had some degree of control over the victims by using the people he elects.
      
2325. Nabilah Bibi submitted she cannot be held responsible for the act or that offence.
      
2326. On money laundering, she submitted that she cannot be held responsible because the evidence is clear that Somon Sekdah used her and the victims to carry large amounts of money and those monies would be removed by Somon Sekdah’s associates and handed over to him. Somon Skdah sent Nabilah Bibi to Australia, to send money through Western Unionunder the supervision of his elected person in Australia. She submitted that she cannot be held responsible for this offence, because all the money would go to Somon Sekdah’s hands once received.
      
2327. She submitted that the case of Siliadin v France (2006) ECHR 16, in support of her submissions.
      
      4. Counsel for the Third and Fourth Defendants (Anowar Hossain and Palas Hosan) submitted that:
         
         1. Palas Hosan is not guilty for offences of Trafficking in persons as charged against him in counts 1, 3 or its alternate count;
            
         2. Anowar Hossain and Palas Hosan are not each guilty for offences of Slavery as charged against each and both of them and jointly with others in counts 2, 4 or its alternate count;
            
         3. Each is not guilty for offences of assaults charged against both jointly in count 7 and Palas Hosan in count 9.
            
2328. On Trafficking in persons, it is submitted for Palas Hosan that there is no evidence of deception on the part of Palas Hosan. Most of the prosecution witnesses talked about Palas when they are already in Vanuatu. Most arrangement for victims to travel to Vanuatu was done by Kamrul Sekdah and others in Bangladesh. There is no evidence that link or connect those people to Palas in order to show that the allegations were true. There is evidence that Palas is a person who Somon Sekdah used like others.
      
2329. On Slavery, it is noted that Anowar Hossein is appointed to look after the house at Pango. It is said he did not have full control of everyone in the house. He allows them to go out when they seek permission. He allowed them to play soccer at Pango or at the seaside. He allows them to go shopping in town and market.
      
2330. Counsel for the 3^rd and 4^th Defendants referred and relied on the judgment of the High Court of Australia in The Queen v Tang [2008] HCA39, outlining the basis from the 1926 Convention to suppress the slave Trade which extended to de jure slavery (ie. The legal status of being a slave, note the word ‘status’ in the definition from 1926 Convention) and de facto slavery (ie, the actual condition of being a slave in reality regardless of the legal situation, note the word ‘condition’ in the definition from the 1926 Convention).
      
2331. In this case, Counsel for the 3^rd and 4^th Defendants submitted that Anowar Hossein and Palas Hosan are not the employers of the victims. They did not pay for the victims’s food at their respective accommodation. They both eat the same food that was eaten by the victims. Mr Price Company or Somon Sekdah is the employer who had some degree of control over the victims by using people he chose. They cannot be held responsible because they are not their employer having control over them.
      
2332. The 3^rd and 4^th Defendants referred and relied on Williams Connors and others [2013] EWCA CRIM 324 and Siliadin v France [2005] HER LR 660.
      
      2. DISCUSSIONS
         
2333. Some aspects of the prosecution submissions have been relied on and summarized at the beginning of this judgment in respect to the definition of Trafficking in person contained the UN Convention that have been ratified by Parliament: the UN Convention Against Transnational Organised Crime (12/12/05), and the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (28/4/11) and their Protocols to define the offence of Trafficking (in person). This includes the definition provided in Article 3 of the 2000 Protocol to Prevent, Suppress and Punish Trafficking in person I set out there.
      
2334. Important aspects of the prosecution submissions are also summarized at the beginning of this judgment on Slavery and the definition by the 1926 Convention to Suppress the Slave Trade as the “the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised”. This includes also the definition of Slavery that was expanded by the 1956 Supplementary Convention to the Abolition of Slavery, the Slave Trade and Institutions and Practices similar to Slavery to include serfdom, servile forms of marriage and exploitation of children. In this case, the prosecution said that the elements of control were encapsulated in the form of oppressive terms and conditions of employment, threat of penalty and curtailment of freedom of movement.
      
2335. The prosecution proceeded with this trial on the basis that the elements of the offence of slavery was evidenced by the idea of control over a person over whom some form of authority is exercised, which was demonstrated by the oppressive terms and conditions of employment, threat of penalty and curtailment of freedom of movement.
      
2336. Further, the prosecution pursued the allegation of trafficking in persons as consisting of three parts (i) there is an action taken (recruitment, ...); (ii) rendered by the use of some means (threat, deception, fraud ...); and (iii) rendered some purposes (exploitation). In the instant case, the elements of arranging and facilitating entry into Vanuatu, the use of deception, the denial of freedom of movement, coercion, the threat and the use of violence, as well as exploitation and servitude were hallmarks of trafficking in this case. The particulars of the charges reflect these elements.
      
2337. The prosecution submitted that the foregoing definitions are not too removed from those adopted by some Courts in the Commonwealth. The decision of Cull J in the High Court of New Zealand in the case of The Queen v Joseph Auga Matamata provides a helpful summary of the position adopted by the New Zealand Court of Appeal in R v Decha-Iamsalam [1992] NZCA 125; [1993] 1 NZLR 141, the English Court of Appeal in R v K [2013] 1 QB 82 and the High Court of Australia in R v Tang [2008] 237 CLR when interpreting their own laws.
      
2338. There is no doubt that the legislations of these countries (New Zealand, England and Australia) each seek to provide clearer meanings of the two offences, but in each case the Courts in those cases refer to and seek guidance of international conventions including the European Convention on Human Rights 1950, Convention to suppress the Slave Trade of 1926 in addition to academic writings.
      
2339. It is noted that there seems to be some consensus amongst these authorities that the meaning of the term “slavery” broadly refers to the status of a person over whom powers attached to the right of ownership are exercised. The Courts have largely agreed that this in essence means “treating a person as belonging to oneself by exercising some power over that person as might be done over an animal or an object”. Cull J in The Queen v Matamata [2020] NZHC 677 (2 April 2020) stated that the “link between ownership and slavery is therefore, in a word control. In any situation of ownership, the owner controls the thing owned”. She also referred with approval the learned author Jean Allain’s observation that “... normally, this control is exercised through violence or coercion, but it also emerges through deception and/or coercion ...”
      
2340. The Court in The Queen v Matamata sought to define the expression “trafficking in person” in the context of section 98D (1) (a) (ii) of the Crimes Act. Obviously, I accept and note that the definition in that section is a little more comprehensive than how the term is expressed in Section 102 of Vanuatu’s Penal Code. I also accept and note that the meaning and elements employed by the prosecution and stated in the foregoing paragraphs cover more than the key features stated by the High Court of New Zealand.
      
2341. Importantly, the New Zealand court expresses two things: first, the act of deception does not have to be done by the defendant, but can be by another person and the defendant is aware of it. The latter is a requirement of section 98D of the Crimes Act (New Zealand), but not the Vanuatu law. The second feature is that the complainant must have acted in reliance of the false representation.
      
2342. I further note that the definition contained in the 2000 Protocol, is more helpful, which is the reason why the three elements drawn from it was adopted during this trial.
      
2343. In most charges in this trial, the defendants are jointly charged in the information and so, s. 30 of the Penal Code is relevant to this effect. While it is true that the prosecution has to produce evidence against the defendants individually, the nature of allegations suggested that the prosecution must produce evidence in the context of the total evidence related to that particular charge. In other way, the accused person or each individual may play a role, but that evidence must be seen and assessed in the context of the conduct of other accused contributed to the commission of the offence.
      
2344. In the circumstances, there may be direct evidence against the accused, but there were other circumstances of the offences from which the court will draw inferences of the guilt of the others.
      
2345. The Vanuatu Court of Appeal in Kilman v Public Prosecutor [1997] VUCA 9, Criminal Appeal Case 02 of 1997 (21 October 1997) and subsequent decisions, dealt with this situation when considering the doctrine of common purpose which I consider formed the basis of the submission of the prosecution in this case, has been considered by the High Court of Australia in McAulv The Queen&#16> [1995] HCA 37; (rd">(1995) [1995] HCA 37; 183 CLR 108; 130 ALR 26.R 26. The High Court, in a joint judgment, said at CLR 113-114; 9-30:
      

The doctrine of common purpose aose applies where a venture is undertaken by more than one person acting icert in pursuit of a common criminal design. Such a venturenture may be described as a joint criminal enterprise. Those terms - common purpose, common design, concert, joint criminal enterprise - are used more or less interchangeably to invoke the doctrine which provides a means, often an additional means, of establishing the complicity of a secondary party in the commission of a crime.




The liability which attaches to the traditional classifications of accessory before the fact and principal in the second degree may be enough to establish the guilt of a secondary party: in the case of an accessory before the fact where that party counsels or procures the commission of the crime and in the case of a principal in the second degree where that party, being present at the scene, aids or abets its commission: see Giorgianni v The Queen [1985] HCA 29; (1985) 156 CLR 473.<473.




But the complicity secondary party may also be established by reason of a coma common purpose shared with the principal offender or with that offender and others. Such a common purpose arises where a person reaches an understanding or arrangement amounting to an agreement between that person and another or others that they will commit a crime. The understanding or arrangement need not be express and may be inferred from all the circumstances. If one or other of the parties to the understanding or arrangement does, or they do between them, in accordance with the continuing understanding or arrangement, all those things which are necessary to constitute the crime, they are all equally guilty of the crime regardless of the part played by each in its commission: cf R v LoweryKing #160;[No 2] [1972] VicRp 63; [1972] VR 560 at 560, per Smith J




Not only that, but eact each of the parties to the arrangement or understanding is guilty of any other crime falling within the scope of the common purpose which is committed in carrying out that purpose. Initially the test of what fell within the scope of the common purpose was determined objectively so that liability was imposed for other crimes committed as a consequence of the commission of the crime which was the primary object of the criminal venture, whether or not those other crimes were contemplated by the parties to that venture: Mansnd Herbert’s 17;s Case [1794] EngR 2078; (1556) 2 Dyeb [73 ER 279]; n&#82Case (1698(1698) 12 Mod 256 [88 ER 1304]; R v Raki [1899] ArgusLawRp 25; (1899) 24 VLR 687; R vnowski 1930)1930) 31 SR (NSW) S77. See generally Sm#160;A Modern Treatise tise on the Law of Criminal Complicity (1991 209-214. However, in , in accordance with the emphasich th now places upon upon the actual state of mind of an accuseccused person, the test has become a subjective one and the scope of the c purpose is to be determinermined by what was contemplated by the parties sharing that purpose: see R v Johns [1978] 1 NSWLR 282




It is sufficient to make one of the partiesrties shar sharing the common purpose guilty of an offence committed by another of the parties sharing the common purpose that the offence must have been foreseen as a possible incident of the common unlawful enterprise: see Chan Wing-SThe Queenn [1984] UKPC 27; [1985] AC 168 and Hui Chi-M The Queen&&#1 hrefp://www.paclii.orii.org/cgi-bin/LawCite?cit=%5b1992%5d%201%%201%20AC%2034" title="View LawCite Record">[1992] 1 AC 34 at 49-8221;


2346. The prosecution was riin its submissions in response to the Defendants,’ in that trafficking is not the onle only ingredient of this offence. There are 4 elements in the offence. Some elements occurred abroad and some elements occurred in Vanuatu.
      
2347. In relation to the allegations of trafficking in person and slavery, the First and Second Defendants are jointly charged as accessories to these alleged offences. Their roles are not isolated to each others on activities of the other persons (including those that were not charged but their evidence was led about them).
      
2348. The evidence connected them to Mr Price and their role as directors of the company. How Mr Price and Somon Sekdah and all of them were beneficiary of this trafficking in persons.
      
2349. In relation to the second accused (Nabilah Bibi), her role in escorting victims to Vanuatu seemed to be an inherent contradiction in the submissions she made as, on one hand, she said that she denied she was involved directly in escorting; and on the other hand, she admitted she escorted victims because she was forced to so that. Before she changed her position, her evidence was clearly in support of the First accused (Sekdah Somon).
      
2350. In relation to slavery charges, same comments could be made vis a vis Nabilah Bibi. While she may not be involved in the activities subject to this trial, she was connected to the role that the first accused (Somon Sekdah) has and played in the Mr Price by virtue of her status as a Director of Mr Price. The support she gave the First Defendant (Sekdah Somon) and Mr Price until her cross-examination (change of position) was in support of that. The total evidence and circumstances can be drawn to make these inferences including the role at entertaining the victims in order to paint a positive picture to Mr Price. I accept that submission as it is factually and lawfully sound on the basis of vicarious liability.
      
2351. I accept the prosecution submission that there is more evidence than enough to single out Somon Sekdah as the principal instigator of all of this. Somon Sekdah would, ultimately be, the main recipient of Mr Price Company, although unlawfully.
      
2352. In addition, I accept the prosecution’s comment that the evidence given by the second defendant (Nabilah Bibi) in her cross examination by the First defendant (Somon Sekdah) strenghtened the prosecution evidence. Nabilah Bibi’s change of evidence against the First defendant and in favour of the Prosecution evidence is against her own interest and thus, is her admission of culpability; I refer again to paragraphs 2273 and 2274 above relating to my corroborating warning and its effect).
      
2353. It is noted that Somon Sekdah did not make reference to the evidence of police officer Tenderson and related exhibits produced in court on money laundering. Similarly, Somon Sekdah did not make reference to the evidence of Herve’ Kasten (Labour Officer) in respect of employing non-citizens without work permit; there was no reference made by him to the prosecution exhibits produced and the Mr Price Company’s documents that connected Mr Price to the Fisrt defendant himself (Somon Sekdah).
      
2354. It is further noted that at paragraphs 400-406 of his submissions, the First defendant, Somon Sekadah, dealt with the allegations of assaults of the second defendant (Nabilah Bibi) and ended up saying he cannot be held responsible for these alleged assaults. It is noted that it not relevant as there was no charge made on this incident. In this trial, some efforts have been made by him to dissociate himself from Kamrul Sekdah, but they are not relevant to the trial or at least to Somon Sekdah’s summation.
      
2355. The Public Prosecutor raised plagiarisms contained in the written submissions made by Somon Sekdah. It is noted, as an illustration, that at page 31 paragraph 166 of Somon Sekdah’s written submissions that (as stated by the Public Prosecutor in his oral submissions before the court (on 14 December 2020)), that was the record of what came out as a result of cross examination of Shobus (PW 6) by Mr Brian Livo (Counsel for 3^rd and 4^th Defendants). At page 41 paragraph 242 of Somon Sekdah’s written submissions, Somon Sekdah has recorded that Moshahed Miah (PW 16) said exactely the same thing - word by word - what Shobus had said earlier in the record which is not true at all and it was false. As a consequence, I accept the submission made by the Public Prosecutor that this seemed to have reflected Somon Sekdah’ s evidence through out by his conduct during the evidence in this trial. It reasonated to the evidence of not only other prosecution witnesses but also the second defendant. It suggested the withholding of truth. I accept that submission. Somon Sekdah’s written submissions are not to be relied upon and thus, rejected in its entrety.
      
2356. Anowar Hossain and Palas Hosan were charged as accomplices to Somon Sekdah and Nabilah Bibi (First and Second Defendants). The evidence pointed to the role each played as supervisors and associates to Somon Sekadh in specific houses each was in charge (Pango and Tassiriki), the Mr Price worksite at Tana Russet Plaza, implementation of the Company rules about the food, ensuring that no victim communicated with family and friend in Bangladesh spreading negative news about the true situation they were living in in Vanuatu while working for Mr Price and Somon Sekdah. Each participated in the group assaults of some of the victims as examples for others. Nabilah Bibi sent money from Australia to Palas Hosan through Western Union Australia to Western Union Vanuatu and Palas Hosan admitted he had collected that money for the Mr Price.
      

Trafficking in person

2357. The prosecution charged Somon Sekadah, Buxoo Nabilah Bibi and Palas Hosanand others with 2 offences of trafficking in person in respect to 107 complainants in counts 1, 3 and 1 alternate count to count 3 related to complainant, Aslam Hossain. 9 complainants (named in count 1) gave evidence and 38 complainants did not give evidence and one (1) of the 9 complainants’s evidence related to the alternate count. 8 complainants (named in count 3) gave evidence while 52 complainants did not give evidence. The charges covered the period between 28 January 2017 and 19 November 2018 (count 1), the period between 28 March 2017 and 19 November 2018 (count 3) and the period 14 June 2017 and 19 November 2018 (Alternate count to 3).
      
2358. These 3 Defendants and others were charged with trafficking in persons under s. 102 (b) of Penal Code Act [Cap 135], which provides:
      

“No person shall-

(a) ....
(b) engage in any traffic in persons,

Penalty: Imprsonment for 20 years”.

2359. As noted earlier, there is neither definition of this offence in the Penal Code nor any other specific legislation setting out the ingredients or the elements of such an offence. In the absence of a definition of the offence of trafficking in person and its necessary ingredients (elements), the recourse is had to the definition of the offence of trafficking in persons provided under Article 3 (a) of the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Person and its ingredients in its Annex II referred to above. It was ratified by Parliament on 12/12/2005. In the circumstance of this case, the court can use Article 3 (a) of the above Convention as a tool for guide and aid to assist the court in the definition provided under its Article 3 (a) to identify and ascertain the ingredients (elements) of the offence of trafficking in person under s. 102 (b) of Penal Code and the mental state required to attract culpability. The culpable mental state to commit this offence is intentionally as set out under Article 5 of the said Protocol referring to “... when committed intentionally”.
      
2360. I set out the relevant UN Convention Against Transnational Organised Crime and The Protocols thereto.-ANNEX II - Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime. Its relevant articles are as follows:-
      

“Article 3(a) of the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Person defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring, or receipt of persons by means of threat or use of force or other forms of coercion, or abduction, of fraud or deception, of abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation. Exploitation shall include at the minim, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs”.

2361. Article 4 of the said Protocol says:
      

“This Protocol shall apply, except as otherwise stated herein, to the prevention, investigation and prosecution of the offences established in accordance with Article 5 of the Protocol, where those offense are transnational in nature and involve an organized criminal group, as well as to the protection of victims of such offences”.

2362. Article 5 of the said Protocol deals with Criminalization:
      
      1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the conduct set forth in Article 3 of this Protocol, when committed intentionally (My emphasis).
         
      2. Each State Party shall also adopt such legislative and other measures which may be necessary to establish as criminal offences:
         
         • (a) Subject to the basic concepts of its legal system, attempting to commit an offence established in accordance with paragraph 1 of this article;
           
         • (b) Participating as an accomplice in an offence established in accordance with paragraph 1 of this article; and
           
         • (c) Organizing or directing other persons to commit an offence established in accordance with paragraph 1 of this article.”
           
2363. As there is no provision in the Penal Code about the ingredients of the offence of trafficking in persons and the mental state required to commit this offence, I am guided by Article 5 of the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons that the mental state required to commit this offence is that the perpetrator committed this offence intentionally.
      
2364. Section 6 (1) of Penal Code [Cap 135] is the relevant local provision about the criminal intent. It provides:
      

“No person shall be guilty of a criminal offence unless he intentionally does an act which is prohibited by the criminal law and for which a specific penalty is prescribed.The act may consist of an omission, or a situation which has been created intentionally”.

2365. I note that the culpable mental state of the offence of trafficking in persons, is that it is committed “Intentionally” under s.6 (1) of Penal Code without distinguishing among the material elements thereof, and so, such a mental state requirement under s.6 (1) shall apply to all material elements of that crime (trafficking in persons).
      
2366. So, a defendant acts “intentionally”, or “with intent”, with respect to the nature of such defendant’s conduct or to a result of such dedendant’s conduct when it is such defendant’s conscious objective or desire to engage in the conduct or cause the result. All crimes defined in the Penal Code in which the mental culpability requirement is expressed as “intentionally” or “with Intent” are specific intent crimes. But a crime may provide that any other requirement is a specific intent.
      
2367. To make it simple, a specific intent crime involves two levels of intent. In order for a person to commit a specific crime, she or he must: (1) have a desire to commit an intentional unlawful act; and, (2) intend for that unlawful act to achieve a specific result.
      

Below are the elements of offence of trafficking in persons that the prosecution has to prove beyond reasonable doubt.

1. The “acts” (elements) of arranging or facilitating entry involves Somon Sekdah, Buxoo Nabilah Bibi, Palas Hosan and others taking material part in making it happen. “Materiel” means relevant to the complainants’ entry into Vanuatu between 28 January 2017 and 18 November 2018 (count 1) and between 28 March 2017 and 19 November 2018 (count 3) and, between 14 June 2017 and 19 November 2018 (alternate count to count 3)).
   

2368. Below are some basic facts relating to arrangement or facilitating or recruitment taken from the court factual findings:
      
      • ✓ The recruitment was one on an informal basis in Bangladesh using the primary family connections of Somon, Shohag and Palas as key faciliators.
        
      • ✓ The common factors that connected each recruit were the terms and conditions of employment, the name and the owner of the employing company, and ultimately the confirmation by Somon Sekdah that he had received the deposits made by the recruits no matter where those deposits were made or who gave the instructions. There was evidence of common places of payments like Shohag’s parents.
        
      • ✓ The recruitment from Tangail revealed that Shohag used his father, his mother Lilly Bekum, his sister Irene Akter and brother in law Alal.
        
      • ✓ The recrutments from Borisal District revealed that Palas was the main recruiter for individual in Bangladesh to come to Vanuatu.
        
      • ✓ Palas used his brother Josim, and Josim’s wife Janatur Rahaman.
        
      • ✓ Visas and travel arrangements were made by Kamrul Sekdah, Nacir Abbasi, and Taibur.
        
      • ✓ Those three together, Nabilah and Alal were involved in the escort of recruits. They also coordinated the money given to recruits to carry, and other company raw materials like fabric, garments, buttons and banners.
        
      • ✓ Although it was an informal, family-based arrangement, it proved to be a workable international network that organised everything after travel begun. These included arrangements for visas, endorsements and passports, tickets, boarding passes, hotel accommodation, food and even handling of immigration queries. The escorts controlled everything.
        
      • ✓ These recruits and escorts knew what was happening at all times, and who to contact. They knew the travel of each group and travel dates.
        
      • ✓ Taibur seemed to be waiting at critical designated points to begin the journey.
        
      • ✓ Nabilah Bibi, although initially denied but then, she conceded during her cross-examination that her travel to India and other places that culminated in escorting recruits to Vanuatu was not accidential, but that she was purposely sent by Somon.
        
      2. The “means” (elements) of using deception and fraud, use of threats and violence involve Somon Sekdah, Buxoo Nabilah Bibi, Palas Hosan and others also taking material part in the means used to fulfil the purpose of trafficking in the persons of the complainants betwwen 28 January 2017 and 18 November 2018 (count 1) and between 28 March 2017 and 19 November 2018 (count 3) and, between 14 June 2017 and 19 November 2018), (alternate count to count3).
         
2369. Below are some basic facts relating to means (elements) taken from the findings of facts by the court:-
      
      1. Use of deception and fraud
         
         • ✓ The evidence showed numerous instances of deception and fraud. Those responsible were either the recruiters or escorts. These consisted of information about the final destinations. Recruits were told that they would be travelling to Australia, Cuba, New Caledonia, and in some cases that Vanuatu was part of Australia.
           
         • ✓ Shohag, Nasir and Anowar even misled some recruits telling them that they were living in Australia.
           
         • ✓ Some were informed that Mr Price was a large international company affiliated to other Mr Price companies,
           
         • ✓ At some point when recruits were still in Bangladesh, they were told of the following:-(Uncle (referring to Somon Sekdah) was living in United States of America, Somon Sekdah was a US passport holder, he was a powerful man who had connections with the Immigration authorities and government ministers. The recruits lure victims into an exploitation deception relating to the following issues:-
           
           • The benefits they would receive upon arrival and the types of jobs they would get. These included advantages like overtime pay and free medical expenses.
           • They were promised jobs in shopping malls, showrooms, hotels and furniture business.
           • They were also told by Somon Sekdah and others in Vanuatu that there were considerable opportunities to make a lot of money;
           • And the people (locals) were simple minded and could be easily fooled.
             
         • ✓ The evidence illustrated that in the course of the recruitment, the victims also spoke about the fraud that was perpetuated to enable them to advance their plans.
           
         • ✓ Fake documents were used to obtain Indian visas at the Indian Embassy in Dakha, Bangladesh;
           
         • ✓ How false information were used to obtain work permits in Vanuatu, how government officials were bribed to stamp passports for visa extensions. Two witnesses (Shahadat and Shohel Rana) mentioned the activities of a Ni-Vanuatu immigration officer (in the office of Mr Price, here, in Port Vila) who was given a white envelop by Somon Sekdah with money in it to sign the passports of the complainants. This was later confirmed by Nabilah Bibi in her cross-examiantion.
           
      2. Use of threats and violence
         
         • ✓ The threats of violence started during the journey to Vanuatu. Taibur was the main perpetrator. [This did not happen to the three first groups arriving in Vanuatu. They were properly treated by Somon and his associates. Anowar Hossain and Palas Hosan were included in the first three travelling and arriving groups in Vanuatu. Palas Hosan arrived with the first group travelling to Vanuatu and escorted by Somon Sekdah and Nabilah Bibi. Anowar Hossain arrived with the third group travelling in Vanuatu and escorted by Somon Sekdah].
           
         • ✓ There were 10 different groups of people travelling to Vanuatu (Exhibit P8). Threats of violence started with the subsequent arrival of groups starting from the fourth group.
           
         • ✓ The victims were forced to sacrifice space in their bags in order to store company materials, and food was supplied in small quantities during the journey.
           
         • ✓ It was intensified when the victims arrived in Vanuatu. It was illustrated, Shahine received an unwelcome reception after he boarded Somon Sekdak’s car at the airport.
           
         • ✓ He was assaulted by Ibrahim, who had been procured by Somon to do so.
           
         • ✓ A culture of fear was deliberately introducted and reinforced by a set of company rules, regular meetings during which authority was demonstrated and enforced and an aura that Somon gave himself by his conduct and word, and buttressed by the blind obedience and thuggery of his trusted associates.
           
         • ✓ Victims were bullied and assaulted if they did not pay money, if they complained or if they passed over information that was critical about the company.
           
         • ✓ There were assaulted by Somon Sekdah and others at Pango, Nopo and Town house.
           
         • ✓ . Victims were taken to the edge of the cliff and their lives threatened;
           
         • ✓ Theatened by a broken bottle at the office of Mr Price. ‘Battan’ was the rod that reminded them against conduct that displeased the boss.
           
         • ✓ Somon Sekdah constantly spoke about what he would do to them, like running over them in his car, cutting people up and hanging them from a tree, taking them to the jungle and putting people in the freezer.
           
         • ✓ Sometime it would end with a threat that pictures of their dead bodies would be taken and sent them to families.
           
         • ✓ Threats also took the form of deductions in salaries if someone failed the sales training or did not perform at jobs to the expected standard.
           
         • ✓ Coupled with threats were the denial of freedom and the exercise of controls over the victims, either by Somon Sekdah directly or through the supervisors and associates.
           
         • ✓ The control begun during the journey to Vanuatu. They were not allowed to talk to immigration officials and sometime to each other.
           
         • ✓ At the destination, a notice was displayed at Pango house and reinforced by verbal reminders. Movement was restricted.
           
         • ✓ Although the gates were not locked, permission had to be first obtained from the supervisors before anyone could leave the house. Sometimes this was granted on the condition that the person is accompanied.
           
         • ✓ At the Townhouse, the gates were manned 24 hours after the first escape, and no one was allowed to leave. Jahirul was also locked in a room at Townhouse to extract information about the escape.
           
         • ✓ Although the gates may not have been locked, nor were they manned by guards, the total circumstances and the evidence support strongly the view that the victims were not free to move around, or go where ever they pleased.
           
         • ✓ Communication with families in Bangladesh was curtailed or restricted. If information adverse to the company was passed on to families, the sender was likely to receive the wrath of Somon. Moshahad was threatened when he did so and was given additional duties.
           
         • ✓ Sometimes phones were removed, as happened to Amin Ruhul, Robel, Jahirul and Moshahad.
           
         • ✓ There were other forms of restrictions. There were denial of decent nourishment, denial of medical attention as Moshahad experienced, and denial of enjoyment of facilities like the furnitures at Pango house. Moshahad was not taken to the hospital until the fourth day and eventually had to pay his medical bills from salary deductions.
           
         3. The “mental” (element) of the offence of trafficking is the intended exploitation of the complainants by Somon Sekdah, Buxoo Nabilah Bibi, Palas and others between 28 January 2017 and 19 November 2018 (count 1) and between 28 March 2017 and 19 November 2018 (and 14 June 2017 and 19 November 2018).
            
2370. Below are facts exacted from court’s findings of facts demonstrating proof of the mental element:-
      
      • ✓ Somon and Mr Price took advantage of the economic situtations that many of the victims were in, obtained a lot of money from each of them, with very little or nothing in return for their investments. Many sold their properties or secured substantial loans in order to pay the company the required fees.
        
      • ✓ Some never received any return, others were owed arrears of salaries, they were not compensated for overtime work, and some like Rahul and Jahirul had salaries deducted.
        
      • ✓ Many of the victims were put to hard labout which they were ill suited to. This work was physically demanding, involved heavy lifting, worked long hours with little rest under trying conditions, and without suitable tools and protective equipment.
        
      • ✓ Some were forced to do business, and were compelled to pay extra money, and received neither salaries nor the promised businesses.
        
      • ✓ To defeat Customs and financial authorities, victims were coerced into carrying raw materials for the company and large amounts of cash in US currency.
        
2371. As I have defined the elements of the offence of trafficking in person at the beginning of this judgment, the purpose of exploitation, is a dolus specialis mental element. It is the purpose aimed at by the perpetrators when committing the material acts of the offence of trafficking in persons.It is that purpose that matters, not the practical result attained by the perpetrators. Thus, the fulfillment of the dolus specialis element does not require that the aim be actually achieved.
      
2372. This means that a single act of transfer can entail the responsibility of both the seller and the receiver. Similarly, both the person who transports and the person who receives are responsible for the trafficking in persons. In other words, the “acts” and “means” of the perpetrator must aim to exploit the victim. It is not therefore necessary that the pepetrator actually exploits the victims.
      
2373. In the present case, the “acts” and the “means” carried out by the perpetrators (i.e. recruiting, transferring by means of force, receiving by means of deception and fraud, use of threats and violence and exploitation) are committed with the purpose of exploiting the victim. The offence of trafficking has been committed. The facts as found are overwhelmingly against Somon Sekdah, the main instigator of this trafficking in persons creating Mr Price Company (using that name, logo and business models) that belonged to somebody else (South Africa Group Mr Price Limited);the victims were recruited to come and work for Mr Price in Vanuatu with attractive terms and conditions of employment, Somon Sekdah’s roles in the scheme as owner of Mr Price, involved in the escorts of victims initially, he is the receiver of all the victims. He has control and exercises his control over the victims as final exercutor and owner. Buxoo Nabilah Bibi assisted in establishing Mr Price Company, owner and shareholder of Mr Price, she had escorted victims from India to Vanuatu. Palas Hosa assisted Somon Sekdah (as his most loyal Lieutenant) in the recruitment of victims using members of his family in Bangladesh including their bank accounts for the victims to pay their fees to come and work for Mr Price in Vanuatu.
      
2374. The prosecution has proved the offences of trafficking in persons as charged against following defendants: Somon Sekadh, Buxoo Nabilah Bibi, and Palas Hosan on beyond reasonable doubt in counts 1 and 3. In the alternate count, the prosecution has also proved the elements of that offence beyond reasonable doubt against the above 3 defendants.
      

Slavery

2375. The prosecution charged Somon Sekdah, Buxoo Nabilah Bibi, Anowar Hossain, and Palas Hosan with 2 offences of slavery in respect to 104 complainants in counts 2, 4; and 1 alternate (count) to count 4 in respect to Complainant, Aslam Hossain. 9 complainants (named in count 2) gave evidence and 52 others did not give evidence and one (1) of the 9 complainants’s evidence related to the alternate count. 8 complainants (named in count 4) gave evidence and 52 others did not give evidence. The charges covered the period between 20 April 2017 and 19 November 2018 (count 2) and the period between 14 April 2018 and 19 November 2018 (count 4). The alternate count covered the period 10 July 2018 and 19 November 2018.
      
2376. These 4 Defendants were charged with slavery under s. 102 (a) of Penal Code Act [Cap 135], which provides:
      

“No person shall-

(a) Take or keep another in slavery;
(b) ...

Penalty: Imprisonment for 20 years”.

2377. Here again, like with trafficking in persons, there is neither definition of this offence of slavery in the Penal Code nor any other specific legislation setting out the ingredients or the elements of such an offence. In the absence of a definition of the offence of slavery and its necessary ingredients (elements), the recourse is had to the definition of the offence of slavery provided under Article 1 of the 1926 Convention on Suppression of Slave Trade and Slavery. The Supplementary Convention on the Abolition of Slavery, Slave Trade, and Institutions and Practices Similar to Slavery of 1956, provides the same definition of the offence of slavery.
      
2378. Article 1 of 1926 Convention provides:
      

“For the purpose of the present Convention, the following definitions are agreed upon:

(1) Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.”

2379. Article 7 of the Supplementary Convention on the abolition of the Slavery, any or all of the powers attaching to the rightn the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 7 September 1953 provides:
      

“Slavery” means, as defined in the Slavery Convention of 1926, the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised, and “slave” means a person in such condition or status.”

2380. In this case, in the absence of a definition in the Vanuatu Penal Code of “slavery”, the Court has an obligation and must have regard to the principles and the philosophy of the 1926 UN Convention to suppress the Slave Trade and Slavery and its Supplementary Convention of 1956 and uses the Conventions as a tool to guide and aid the court. I follow the approach adopted by Cull J in The Queen v Matamata [2020] NZHC 677 as a helpful approach. The Court of Appeal of New Zealand in R v Matamata [2021] NZCA 372 (9 August 2021) upholding the convictions of the appellant (Matamata) summarized Cull J’s approach in their Jugment at [19]-[29] in this way:
      

“Slavery

]19] The Judge explained the concept of slavery in her summing-up as follows:

[20] As we all know, slavery was abolished, so there is no legal right to own a person. However, through international conventions, the modern definition of slavery is as follows: “Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership is exercised”.

[21] That may sound a little long but that is the Convention. The Courts in considering that Convention has determined subsequently that:

“Slave” means a person held as property.

[22] That’s what we have in the beginning of the question trail for each of the slavery charges. “Slave” means a person held as property. It is that property concept or powers attaching to the right of ownership, that is required for these charges.

Ownership meaning

[23] So what is meant by property and what constitutes those “powers attaching to the right of ownership”? In any situation of ownership, as you all know, the owner controls the thing owned. This is normally understood as possession. Typically, possessions means physical possession, but it can also mean the ability to control access to a thing, such as when a person possesses the contents of their house by simply controlling access to that house by means of the front door key. They don’t have to hold the contents of the house, to say they are in possession. So with this in mind, slavery should be understood as the ability of one person to control another as they would possess a property or a thing, such as a chattel and you have heard counsel refer to treating the complainants as a chattel. Ownership implies such a background relationship of control.

[24] So the link between ownership and slavery is, in a word, control. In any situation of ownership, the owner controls the thing owned.

[25] Where a slave is concerned, this control is tantamount to possession. It is control exercised in such a manner as to significantly deprive that person of their individual liberty. Normally, this control can be exercised through violence or through threats of violence or coercion, but it may also emerge through deception and/or coercion. One need not physically control a person, in the same way that one need not physically possess the contents of one’s house; control tantamount to possession of a person goes beyond their physical control.

[26] Possession is one of the powers attaching to the right of ownership. To exercise possession over a person is fundamental to the concept of slavery. It is the hallmark of slavery. Slavery can only be present if possession is present; as I have just described, that is, if control is exercised tantamount to possession.

[27] Now the Crown here has charged the defendant with using a person. One of the powers attaching to the right of ownership is the ability to use a person. Again, one person can use another, for instance in employment and there may be other relationships, but this need not amount to slavery. But such use may amount to slavery if the background relationship of control is present to such an extent that it is tantamount to possession.

[28] Once control tantamount to possession has been established over a person, the act of using that person will be an act of slavery. So, what does this involve? “Using a person as a slave” involves an intentional course of conduct by the user, comprising a number of acts over a period of time, in which the user intentionally exercises power over a person, as though that person was the property of, and under the control of, the use.

[29] Evidence of such use of a person may include the derived benefit from the services or labour of that person. Now the Crown’s case here is that the defendant derived a benefit from his use of the complainants. As you will see from the question trail, this forms an ingredient of these charges, as the Crown has explained, and it forms one of the questions on your question trail.”

Below are the elements of the offence of slavery that the prosecution has to prove beyond reasonable doubt:-

(i) Engaged in or to be employed; ownership

✓ The victims were recruited to work for Mr Price either as workers or businessmen. They paid fees in order to do so.

✓ Ample evidence about ownership or a sense of ownership derived from the unwritten understanding that the victims had paid and travelled to be employed by Mr Price.

✓ In Vanuatu, Somon Sekdah immediately demonstrated his authority by instilling fear in their minds and artificially creating a feeling of awe and power about himself.

✓ Somon constantly held meetings where all were present and delivered with authority his message, and the consequences if disobeyed.

✓ Sometime he personally administered punishment and reminded others of his potential wrath.

✓ He enacted rules that were published for people to see, or otherwise reminded victims through his associates.

✓ His loyal supporters (Anowar and Palas) were always present to highlight his authority, and pursued a close relationship that was mutually beneficial.

✓ The matters discussed below helped reinforce this idea of ownership;

✓ That Somon ostensibly owned these workers.

✓ The evidence pointed to that Somon Sekdah believed he could treat them in a manner that he wanted, and that he expected their undivided loyalty and commanded their undivided duty. They were duty bound to carry out his desires and at his whim.

(ii) Oppressive conditions

✓ Victims were put to hard physical labour. Amin Ruhul and Shohel gave good accounts of the heavy work they did like removing tall grass, digging holes, mixing cement and carrying heavy stones with only rudimentary tools like spades and crowbars, and no protective equipment.

✓ Many had never done the kind of work before, and were clearly ill suites. The earth was hard and rocky.

✓ They worked long hours, with little or no breaks were given. Nourishment and water were inadequate. They were compelled to work even if they were unwell or injured.

✓ The victims lived in crowded facilities and most of them had no beds to sleep on. Their beddings were old and perhaps hardly cleaned.

✓ The food was woefully poor in quality and quantity. They were served with beef that were smelly and few, which caused victims to vomit, and ate round cabbages and kichuri that were hardly suited to their work regime and cultural expectations.

✓ Many said that even beggars in Bangladesh would not eat the kind of food.

✓ Celebrating at Somon’s residence was rare, but the meals taken during those events were somehow made out to represent the daily cuisine.

✓ In certain cases, the victims only enjoyed the leftovers from Somon’s dinning table.

✓ The quality of food was the same at all the houses.

✓ The victims were sometime exposed to demeaning conditions like the search of their belongings and phones by supervisors.

✓ Superviors (Anowar) went through personal messages and call list, and would delete them, block certain numbers or detain the phones for a period of time.

✓ In many cases, victims were either not paid or were owed substantial arrears of salaries. They were not paid overtime. In many cases, deductions were made for reasons that were not legitimate.

✓ The victims were under constant supervision of supervisiors who determined the nature and hours of work. There was often the risk of being reported on if their conduct did not meet the expectations.

✓ No medical treatment was provided for sickness or injuries, and in many cases the victims used personal medications they possessed.

(iii) Exploitation

✓ The workers were used as scab labourers, with minimal investment or provisioning, often told to work even if they were unwell.

✓ They were compelled to attend or risk not being paid. In one case, Moshahad’s salary was reduced from 50,000 Taka to 20,000 taka for no reason.

✓ Some of the ‘businesmen’ were given the opportunity to earn money by collecting scrap metals.

✓ This arrangement was contrived by Somon to earn money for him. The metal was collected with no return for the victims.

• (vi) Menace of penalty
  

✓ Threat of violence and the use of violence by Somon and his associates, the threat of withdrawal of food or accommodation as in the cases of Robel and Jahirul. The threat of ‘battan’ remained imminent throughout.

✓ Jahirul also had the distinct experience of receiving a threat that he would be hurled a 100 meters down a steep cliff, and meet certain death on the rocks at the bottom of the cliff.

✓ The menace of penalty was also present in the form of intimidation and potential reports to Somon by his associates that inevitably attracted some form of penalty.

✓ The written rules and the verbal reminders were a constant threat because of the potential consequences if breached.

✓ The evidence covered instances of the manner in which these rules were enforced, sometime in the presence of others, as if to convey a stern warning.

✓ The menace was not confined to Vanuatu, but extended abroad as well. Victims were informed about Somon’s powers, as Moshahed Miah was told in plain terms. He was told that Somon could destroy his family in Bangladesh if necessary.

(v) Without the freedom of movement

✓ These matters have been covered above and aspects reapeted here. These included the rules that were enforced at all houses.

✓ The control begun during the journey to Vanuatu. They were not allowed to talk to immigration officials and sometime to each other.

✓ At the destination, a notice was displayed at Pango house and reinforced by verbal reminders. Movement was restricted.

✓ Although the gates were not locked, permission had to be first obtained from the supervisors before anyone could leave the house. Sometimes this was granted on the condition that the person is accompanied.

✓ At the Townhouse, the gates were manned 24 hours after the first escape, and no one was allowed to leave. Jahirul was also locked in a room at Townhouse to extract information about the escape.

✓ Although the gates may not have been locked, nor were they manned by guards, the total circumstances and the evidence support strongly the view that the victims were not free to move around, or go where ever they pleased.

✓ Communication with families in Bangladesh was curtailed or restricted. If information adverse to the company was passed on to families, the sender was likely to receive the wrath of Somon. Moshahad was threatened when he did so and was given additional duties.

✓ Sometimes phones were removed, as happened to Amin Ruhul, Robel, Jahirul and Moshahad.

✓ The restrictions pertaining to movement and the need to obtain permission of the supervisors were one of them.

✓ Coupled with threats were the denial of freedom and the exercise of controls over the victims, either by Somon Sekdah directly or through the supervisors and associates.

✓ After the first escape, these rules became even more stringent. There was a 24 hour guard stationed outside the gates at Town house.

✓ Similarly the restriction included return travel to Bangladesh. Robel, Shahin and Moshahad were told in no uncertain terms by Somon that they never return to Bangladesh unless he approved.

✓ The restrictions on their movement of freedom started as soon as they arrived in Vanuatu as their passports and other travel documents were removed from them.

✓ They never returned to the victims until the 19^th November 2018 when the accused knew that the police was investigated them. This was not because the victims asked the passports to them but as a matter of convenience for the accused in order to minimize the perception that they had control over people people under them.

• (vii) Suffered trauma
  

✓ All the victims had suffered trauma at the hands of Somon Sekdah and his associates, whose treatment of people reflected his lack of compassion and humanity, let alone fairness, and whose only interest was to make the most money that he could make with minimal investment, deliberately oblivious to the welfare and interests of his workers.

✓ Somon Sekdah was driven by a false sense about his own importance, and was prepared to do anything to advance his greed and false sense of power, including bribing and influencing government officials to help alleviate to processes, completely understanding that they were criminal and unlawful.

✓ Somon Sekdah paid officials and had others fabricated documents.

✓ Even during this trial, there was evidence by defence witnesses about how Somon Sekdah attempted to manipulate evidence.

✓ The level of trauma suffered by the victims is reflected in the professional assessment of two victims by Dr Ashworth, a qualified forensic psychiatrist, and his reports recorded in exhibits P21 and P22.

✓ The existence of trauma in other victims can only be exemplified by the emotions they demonstrated during the course of their respective testimonies, and that sometimes the proceedings needed to be suspended to allow them to recover for almost of them.

The Conventions

2367. Section 102(a) of Penal Code Act can be traced to the 1926 Slavery Convention, which aimed to bring about the complete abolition of slavery in all its forms. The convention defined slavery as: “... the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised”.
      
2368. The same definition was used in the 1956 Supplementary Convention on the Abolition of Slavery. The Convention established further obligations designed to suppress the slave trade, and it sought to end other forms of servile status: debt bondage, serfdom, and any institution whereby women are given in marriage for money, or inherited, or a guardian delivers a child to another person for exploitation of their labour.
      
2369. I agree with the remarks of the Court of Appeal of New Zealand in R v Matamata [2021] NZCA 372 at [36] that neither Convention further defined slavery by identifying, by reference to any system of law, what powers attached to the right of ownership, as Hayne J remarked in Tang (see R v Tang referred to earlier) at [137]. The Convention did not seek merely to end slavery that was permitted by law; the practice was already outlawed in many jurisdictions. The objective rather was to suppress the defacto practice of slavery. That, as Gleeson CJ suggested, was the evident reason for referring to the “condition” as well as the “status” of slavery (see in R v Tang referred to earlier). It followed that the conventions were concerned with the exercise over a person of all or any of the powers that would be exercisable if ownership were legal. The essence of slavery is control over another person so as to significantly deprive them of individual liberty, with the aim of exploiting them through use, profit or transfer. It is tantamount to possession. It can be understood as powers the exercise of which does not depend on the consent of the person concerned.
      
2370. Section 102(a) of Penal Code does not defined slavery. Indeed, the convention to which s.102 (a) gives effect does not fully define slavery. The offence is “take or keep another in slavery”. The offence focuses on conduct by a person or persons (a defendant or defendants). Each limb proscribes behaviour of a particular kind, such as takes or keeps another in slavery by engaging that person in or the person was taken or kept to be employed in (here Mr Price Company). Each limb envisages conduct amounting to the exercise of a power attaching to the right of ownership. The offence may be established by detention, confinement or imprisonment, but physical control is not essential. What matters is that the defendant is able to exercise one or more powers of ownership, such as the power to hire or use, without the consent of the person concerned.
      
2371. I sense that the culpable mental state of the offence of slavery, is that it is committed “Intentionally” (under s.6 (1) of Penal Code) without distinguishing among the material elements of that offence, and so, such a mental state requirement under s.6 (1) shall apply to all material elements of that crime (slavery) as I have explained under s. 102 (b) for the offence of trafficking in persons earlier.
      
2372. So too here, a defendant acts “intentionally”, or “with intent”, with respect to the nature of such defendant’s conduct or to a result of such dedendant’s conduct when it is such defendant’s conscious objective or desire to engage in the conduct or cause the result.So here, slavery, like trafficking in persons, the mental culpability requirement is a specific intent crime. It involves two levels of intent. In order for a person to commit specific intent crime of slavery, she or he must: (1) have a desire to commit an intentional unlawful act; and, (2) intend for that unlawful act to achieve a specific resul.
      
2373. In this case, Somon Sekdah, as Mama (uncle) as his associates and the complainants called him, as owner of Mr Price Company which employed the complainants as workers or businessmen or (yet to employ them as workers or businessmen, thus, kept them in set houses in Vanuatu), possessed a power of control derived from a combination of factors: the complainants initial indebtness to Somon Sekdah and Mr Price Company (holding meetings after each arrival checking and asking for payment of balance of fees owing with a risk of penalty if failed within very short time decided by him of days of arrival of the complainants in Vanuatu) and started putting pressure on the complainants and their families – ascerting his power of control from the start and this is coupled with the fact all the complainants were transferred and ultimately received by Somon Sekdah and Mr Price in Vanuatu – Somon has the control on the complainants; the complainants depended on Somon Sekdah and Mr Price Company for food and accommodation once in Vanuatu; their immigration status and inability to do something about it; their physical and social isolation; their detention (though not complete) at Somon Sekdah’s hands; the complainants were exposed to the use of violence or threats of violence. But it is more than that as Somon Sekdah expoited his control on the complainants with the assistance of his associates to restrict the complainants’ movements and communications, to take them by engaging them in work or keep them as he saw fit, to claim the fruits of their labour without commensurate compensation to the value of their labour or no payment at all for time worked or some deductions of salaries as penalty. Somon Sekdah exploited his control on the complainants with his associates to enforce his rules and standards. Somon Sekdah must have known that he possessed the necessary power to restrict the movement and communications of the complainants without their consent as if they were his own properties and had intentionally exercised that power on the complainants, as the evidence overwhelmingly established. The evidence pointed to the fact that Somon Sekdah with the assistance of his associates believed he could treat the complainants in a manner that he wanted and that he expected their undivided loyalty and commanded their undivided duty. The complainants were duty bound to carry out Somon Sekdah’s desire and at his whim. This amounts to Somon Sekdah believing he has that power of control or possession on the complainants and had, with the assistance of his associates exercised his control or power of possession on the complainants as his objects. This is reinforced by the fact that as soon as the complainants arrived, their passports and other travel documents were taken away from them. They were never returned to the complainants until the 19^th November 2018 when the defendants knew that the police knew of what happened and the police were investigating them. The passports and other travel documents were returned to the complainants not because the complainants asked for them but as a matter for convenience for the defendants in order to minimize the perception that the complainants were under some type of control under the defendants. Further, there was extensive use of fraudulent documents when fake documents were used in processing the documents of the complainants to obtain Indian Visas in Indian Ambassy at Dakah in Bangladesh; about how immigration officers were bribed in allowing the complainants to travel at the border between Bangladesh and India. This also happened in Vanuatu in obtaining the work permit in one instance; and an immigration officer was given a white envelop with money in it to stamp and he had stamped visas in the passports of the complainants inside Mr Price Company office in Port Vila and some of the passports were already expired (see prosecution witnesses and defendant Nabilah Bibi’s admission of this corroborates the prosecution evidence).
      
2374. Question of degree as well as kind may be raised in this offence. In this case, the Defendants were accused of restricting the complainants’ movement and communications. The complainants were prohibited to contact their families or friends in Bangladesh. The Defendants seized the mobile phones of these complainants who disobeyed the prohibition, searched, read messages and deleted messages from the mobile phones without authorization of the owners of these mobiles phones (complainants).
      
2375. The Defendants said in their evidence, they were not physical locks on the gates of each house. The complainants played soccer at Pango village with local people and do other activities. But they have to obtain authorization (permission) from Somon Sekdah’s associates. I reject the submission of the defence that the loss of freedom of the complainants was not complete and the authorities advanced by Counsel for the 3^rd and 4^th Defendants and Nabilah Bibi to that effect. The evidence established that the defendants exercise the powers of control on the complainants as if they were objects. This meaning is consistent with that of the conventions.
      
2376. It is not necessary that the loss of freedom of a person taken or kept in slavery must be complete.
      
2377. I take note from the Judgment of the Hihg Court of Australia in R v Tang [2008] 39 that it is necessary to distinguish slavery from harsh forms of employment, the employer derives benefit from an employee’s labour , but use “as a slave” requires exploitation of a control that is tantamount to possession.
      
2378. The Court of Appeal of New Zealand in R v Matamata [2021] NZCA 372 referred to the Judgment of the High Court of Australia in Tang where Gleeson CJ drew attention to a 1953 memorandum of the Secretary-General of the United Nations which included among powers attaching to the right of ownership “the capacity to use a person and person’s labour in a substantively unrestricted manner, and an entitlement to the fruits of the person’s labour without compensation commensurate to the value of the labour.”[Citing the Unted Nations Economic and Social Council Slavery, the Slave Trade, and other Forms of Servitude UNDoc E/2357 (27 January 1953) at 28.].
      
2379. This brings us back to the definition of Slavery under the Conventions which provide: “The slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.”
      
2381. There is some consensus amongst the court authorities (see the position adopted by the New Zealand Court of Appeal in R v Decha-Iamsalam [1992] NZCA 125; [1993] 1 NZLR 141 and R v Matamata [2021] NZCA 372, the English Court of Appeal in R v K [2013] 1 QB 82 and the High Court of Australia in R v Tang [2008] 237 CLR when interpreting their own laws, that the meaning of the term “slavery” broadly refers to the status of a person over whom powers attached to the right of ownership are exercised. The Courts have largely agreed that this in essence means “treating a person as belonging to oneself by exercising some power over that person as might be done over an animal or an object”. Cull J in The Queen v Matamata [2020] NZHC 677 (2 April 2020) stated that the “link between ownership and slavery is therefore, in a word control. In any situation of ownership, the owner controls the thing owned” and this control is exercised through violence or coercion, but it also emerges through deception.
      
2380. I am satisfied that this is what happened here with the complainants in the hands of the defendants, engaged in or to be employed in, either as workers or businessmen and kept in 4 set houses in Vanuatu between 20^th April 2017 and 19^th November 2018, between 14th April 2018 and 19^th November 2018; and between 10^th July 2018 to 19^th November 2018.
      
2381. The following international cases provided by the Public Prosecutor in his submissions support the above proposition and the prosecution case against the defendants the slavery charges:-
      
      1. R v Wei Tang [2008] HCA 39
         

The case involved 5 Thai women who by oral agreements agreed to be employed in Australia as prostitutes, and incurred debt bondage which the victims had to repay.

The relevant key issues were:

1. They entered Australia on tourist visas, and therefore did not disclose the true purpose of their travel;
   
2. They spoke little English and knew no one in Australia;
   

100. Upon arrival, their passports and airline tickets were detained;
     

4. They had no choice but live in allocated accommodation;
   
5. They were not kept under lock and key, but were effectively restricted to their premises. The circumstances that effectively restricted them included the long hours of work, fear of detection and instructions not to leave the premises without being accompanied.
   
6. The consent of the victims did not amount to a defence against slavery.
   

The court convicted the defendant of slavery. It also relied on the testimony of a former co-defendant.

2. US v Farrel 563 F 3d364 (2009) United States of America
   

The case involved 9 Filipinos recruited to work as housekeepers in a hotel in the US. The defendants were convicted of peonage, document servitude and other charges. The relevant issues included:

1. The victims were led to believe that the defendants were politically well-connected. This related to the obtaining of visas;
   
2. The defendants demanded that the victims hand over passports, visas and immigration documents;
   

100. The victims worked long hours and suffered sleep deprivation and loss of leisure time;
     

4. Seven victims were accommodated in one two bedroom apartment. Some of them did not have beds to sleep on.
   
5. The key to the apartment was not provided and they were forced to keep the door unlocked. Frequently the defendants walked in unannounced and sometimes searched their belongings;
   
6. The defendants held regular meetings in which the victims were reminded about their debts and then need to repay them.
   
7. The victims were given fake cheques to show the immigration officials, to suggest that they had been paid according to their contracts;
   
8. The Court accepted the testimony of the expert witness to who the broader context and to assist understand the victims’ actions, the conditions under they laboured, and to assess the truthfulness of their allegations;
   
9. The defendants’ argument pointing to voluntariness and ability to stop work was negated by evidence of coercive acts, persistent demands to pay debts, and threats to harm them;
   
10. Even if the victims had opportunities to escape, it was reasonable to conclude that their employment was involuntary;
    
11. The court made explicit reference to special facts pertaining to the charge of personage including threats of physical violence, threats to call immigration authorities, difficult work and living conditions, non-payment or minimal payment of salaries, the victims’ vulnerability, the defendant’s volatile temper, their constant supervision, of their movements, email and money, the defendants’ powerful position, isolation of the victims, non-availability of keys and the random inspections.
    

3. People v Anos [Regional Trial Court Branch 12 Zamboanga City (30 June 2011)
   

This case involved the recruitment of two women in the Philippines to work in Malaysia. The defendants were convicted of trafficking in person.

The material evidence included:

50. The defendants coerced the victims to procure fake passports using fraudulent documents;
    

13. The defendants used fraud to convince the victims to travel to Malaysia for employment, not knowing that the real purpose was prostitution.

2382. Based on the above, the prosecution has proved the offences of slavery charged against following defendants: Somon Sekadh, Buxoo Nabilah Bibi, Anowar Hossain and Palas Hosan on beyond reasonable doubt in counts 2 and 4. In the alternate count, the prosecution has also proved the elements of that offence beyond reasonable doubt against the above 4 defendants.
      

Money laundering

2383. The prosecution charged Somon Sekdah and Buxoo Nabilah Bibi and others with offences of money laundering in counts 5 and 6 and 2 alternate counts to respective count 5 and 6.They covered the period between 6 November 2017 and 28 December 2017 (count 5), between 9 April 2018 and 14 April 2018 (alternate count to 5), between 9 April 2018 and 26 September 2018 (count 6), and between 20 May 2018 and 23 May 2018 (alternate count to 6).
      
2384. Based on the court factual findings, the prosecution has proved the essential elements of money laundering against Somon Sekdah and Buxoo Nabilah Bibi in counts 5 and 6 and in the 2 alternates counts beyond reasonable counts.
      

Intentional assaults

2385. The prosecution charged Somon Sekdah, Palas Hosan, Anowar Hossain and others in count 7, for assaults happening on a date in August 2018 at Pango house; Somon Sekdah for.intentional assault happened on a date in March 2017 (count 8); and Somon Sekdah for intentional assault happened on a date in August 2018 at Pango house (count 9).
      
2386. Based on the court factual findings, the prosecution has proved the essential elements of the offence of intentional assault against Somon Sekdah, Palas Hosan and Anowar Hossain in the night of Augaust 2018 at Pango house (count7) beyond reasonable doubt; the prosecution has failed to prove the elements of the offence of intentional assalt against Somon Sekdah in March 2018 (count 8); and the prosecution has proved the essential elements of the offence of intentional assault against Somon Sekdah in the night at Pango house (count 9) beyond reasonable doubt.
      

Threats to kill person

2387. The prosecution charged Somon Sekdah with 2 offences of threats to kill a person respectively, betwwen 18 July 2018 and 19 November 2018 (count 10) and between 19 November 2017 and 19 November 2018 (count11).
      
2388. Based on the court factual findings, the prosecution has proved the essential elements of the offence of threats to kill a person as charged in counts 10 and 11 against Somon Sekdah beyond reasonable doubt.
      

Employing non citizens without work permit

2389. The prosecution charged Somon Sekdah and Buxoo Nabilah Bibi with an offence of employing non-citizens without without wok permit trading as Mr Price at various times between the 25^th June 2017 and 19 November 2018 at Port Vila, Vanuatu ( count 12).
      
2390. Based on the court factual findings, the prosecution has proved the essential elements of the offence of employing non citizens without work permit charged in counts 12 against Somon Sekdah and Buxoo Nabilah Bibi beyond reasonable doubt.
      

Furnishing False Information to a Labour Officer

2391. The prosecution charged Buxoo Nabilah Bibi with an offence of furnishing False Information to a Labour Officer on the 26^th September 2018
      
2392. Based on the court factual findings, the prosecution has proved the essential elements of the offence of furnishing false information to a Labour Officer charged in counts 13 against Buxoo Nabilah Bibi beyond reasonable doubt.
      

XII. VERDICTS OF THE COURT

2393. Accordingly, following verdicts are made on each and all counts based on Amended Information Charge dated 6 February 2020:-
      
      1. Somon Sekdah is found guilty and convicted of:
         
         • (a) the offence of Trafficking in persons as charged in Counts 1, 3 and alternate Count, contrary to Section 102(b) of the Penal Code Act;
           
         • (b) the offence of Slavery as charged in Counts 2, 4 and alternate Count, contrary to Section 102(a) of the Penal Code Act;
           
         • (c) the offence of money laudering as charged in Counts 5, 6 and the two (2) alternate Counts of money laundering, contrary to Section 11 (3) (a) of Proceeds of Crime Act;
           
         • (d) the offence of Intentional Assault as charged in Counts 7 and 9, contrary to Section 107(b) of the Penal Code Act;
           
         • (e) the offence of Threats to Kill person as charged in Counts 10 and 11;
           
         • (f) the offence of Employing non-citizens without work permit, contrary to Section 6(1) of the Labour (Work Permit) Act 1986; and
           
      2. Somon Sekdah is found not guilty, and so not convicted of the offence of Intentional Assault as charged in Count 8;
         
      3. Buxoo Nabilah Bibi is found guilty and convicted of:
         
         • (a) the offence of Trafficking in Persons as charged in Counts 1, 3 and alternate count, contrary to Section 102(b) of the Penal Code Act;
           
         • (b) the offence of Slavery as charged in Counts 2, 4 and alternate count, contrary to Section 102(a) of the Penal Code Act;
           
         • (c) the offence of Money Laundering as charged in Counts 5 and 6 and in the alternate counts of Money Laundering, contrary to Section 11 (3)(a) of the Proceeds of Crime Act;
           
         • (d) the offence of Employing Non-Citizens as charged in Count 12, contrary to Section 6(1) of Labour (Work Permit) Act 1986;
           
         • (e) the offence of Furnishing false information to a Labour Officer as charged in Count 13, contrary to Section 17(1) of the Labour (Work Permit) Act 1986;
           
      4. Anowar Hossain is found guity and convicted of:
         
         • (a) the offence of Slavery as charged in Counts 2, 4 and the alternate count of Slavery, contrary to Section 102(a) of the Penal Code Act; and
           
         • (b) the offence of Intentional Assault as charged in Count 7, contrary to Section 107(b) of the Penal Code Act;
           
      5. Palas Hosan is found guilty and convicted of:
         
         • (a) the offence of Trafficking in Person as charged in Counts 1, 3 and the alternate count of Trafficking in person, contrary to Section 102(b) of the Penal Code Act;
           
         • (b) the offence of Slavery as charged in Count 2, 4 and the two alternates counts of Slavery contrary to Section 102(a) of the Penal Code Act;
           
         • (c) the offence of Intentional Assault as charged in Count 7, contrary to Section 107(b) of the Penal Code Act;
           

13. RIGHT OF APPEAL
    

2394. Each Defendant has 14 days to appeal against any of his or her respectful convictions if he or she does not agree with it.
      

Dated at Port Vila, this 29^th day of October, 2021.

BY THE COURT

Hon. Vincent LUNABEK
Chief Justice.