Visas may help prosecute alleged people smuggler

The Federal Government says it is prepared to issue criminal justice visas to bring some of the Kurdish asylum seekers back to Australia to give evidence against the alleged people smuggler Ali Cetin if the Australian Federal Police decide to prosecute.

As Mr Cetin continued to profess his innocence in the wake of new photographic evidence that the Mosman man had met the asylum seekers, a spokesman for the federal Attorney-General, Philip Ruddock, said the legal path would be opened if the evidence against the kebab shop owner was strong enough.

"It's up to the Federal Police," a spokesman for Mr Ruddock said. "We as a government will not interfere in a live investigation but the mechanism is there if they believe it is necessary. If they ask for criminal justice visas, they will get them."

The Herald yesterday published a photograph, taken on October 17, showing Mr Cetin in an Indonesian hotel with 10 of the 14 Kurdish asylum seekers who were turned away from Melville Island

While police and Defence Force officials maintained a stony silence yesterday in the face of the photograph and claims by the Kurds that they were mistreated while being escorted back to Indonesia by the navy, the Opposition spokesman on homeland security, Robert McLelland, said the Government had bungled the chance for a proper investigation by sending the Kurds back to Indonesia.

"By letting the people smugglers on board the Minasa Bone go, the Government sacrificed any chance of catching the ring leaders behind the people-smuggling operation," Mr McLelland said.

"Philip Ruddock's policy of setting people smugglers free means the ringleaders who profit most are the least likely to be prosecuted and punished by the Australian Government.

"Mr Ruddock has claimed that it is lack of co-operation by passengers that makes prosecution of people smugglers difficult. If this is the case, it makes it an imperative not to let the people-smuggling crew go."

Mr Ruddock's spokesman said prosecutors had had difficulties in the past persuading people to give evidence against people smugglers.

"In a number of cases, we've had witnesses [passengers] refuse to co-operate with a prosecution, and in one or two cases we've had them recant," he said.

The Minister for Immigration, Amanda Vanstone, also dismissed any criticism, insisting that the return this week to Turkey of the last of the asylum seekers was "a slap in the face to people smugglers". "Australia will not allow criminals involved in people-smuggling activities to make money by exploiting our generous immigration laws. Our best interests are served by processing people outside of Australia and away from our legal system, which provides potential for significant delay and abuse. The message to people smugglers is simple - dropping your customers off on our doorstop does not get entry into Australia."

Mr Cetin issued a challenge to authorities to prosecute him, telling AAP he was innocent and had been unfairly hounded on the basis of coincidences. He said he now regretted going to the party at which the photo was taken or even holidaying in Indonesia.

"If I've done something wrong, I'm ready to be locked up but I've done nothing. If I did something, my personal life and family life should be better. I have no luxury in my life; I just sell kebabs."

He said he was prepared to go to Indonesia with the authorities to help their investigation.

"If I am guilty, the police have to prove it, otherwise they have to stop the press."