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Christmas Island Tragedy

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Christmas Island Tragedy Coroners Act, 1996 [Section 26(1)] Western Australia Inquest into 30 deaths of – Fatemeh BAGHAIE (aka) Fatama BAGHAE /BAGHA’E or Fatmeh BAQAIE Khedier EIDAN MADHI (aka) Khodair MAHDI Khoshqhadam AMINI Hassan SHAHVARI Ali KHEDIER EIDAN (aka) Ali EDAN Afssaneh ABDULLAHI- MEHER Haifa BAWY (aka) Haifa MOHAMMED or Haifae AHMED MOHAMMAD Mehran ZAREH Fawzeya BAWY (aka) Fawziayh MOHAMMED Fatemeh TAYARI (aka) Fatemeh TAYYARI Mahan SHAHVARI Shekooh TAROMI NEJAD SHEERAZY (aka) Shekooh TAROMINEJAD SHIRAZI Mariam SHAHVARI (aka) Nazanin SHAHVARI Ahmed Oday AL KHAFAJI Nasrollah AKBARI (aka) Nasrala AKBARI or Nasralah AKBARI or Nasroallah AKBARI Mariam Fakri Kadum AL KHAFAJI (aka) Mariam Oday AL KHAFAJI Maryam ZAREH Elmira KHORSHIDI (aka) Shakiba KHORSHIDI or Shakiby KHOORSHIDY Javed SHIRVANI Soha ZAREH (aka) Soho ZAREH Sam Hussain HUSSAINI (aka) Sayed Sam HUSSAINI Zahra Median IBRIHIMI (aka) Zahra’a IBRAHIMI Khalil BEHZADPOUR (aka) Khalil BEHZADPOOR Abbas AKHONDY (aka) Abbas AKHONDI SHIVIYARY Mehrdad KARBAVI Malektaj KARIMI (aka) Malaktaj KARIMI Reza GANDOMI Kobra DAVARY YEKTA (aka) Kubra DAVARIYAKTH Oday Rashed Mohammed Hassan ALSALMAN Farhad AKHLAGHI SHAIKHDOOST (aka) Farhed AKHLAGHI SHAIKHDOOST Coroners Act, 1996 [Section 26(1)] Western Australia Inquest into 20 suspected deaths of – Nahaye Ahmad Mohammed BAWY (aka) Nehayah MOHAMMED, or Nehaya BAWY, or Nihaya Ahmed MUHAMMED Esraa Eidan MAHDI (aka) Asra EIDAN or Isra KUDAIR or Assraaa KHEIDER EIDAN Siamak KHORSHIDI (aka) Shahin KHORSHIDI or Shaheen SYAMACK, or Seyamak, Siyamak Koorosh KHORSHIDI Zaman Ali HESNAWI (aka) Ali ZAMAN, or Zaman Ali DAWAS or Zaman ALI AL HASSNY Maryam HOSSEINI (aka) Mariam HUSSAINI, Hussine Nazar ELEBRAHEMI (aka) Medin NAZAR or Nizar Medlan IBRIHIMI Kamran ABDOLLAHI MEHR (aka) Kamvan ABDOLLAH MEHEN or Camran, or Komron KHURSHIDI Abbas Ody Rashed SALMAN (aka) Abbas AL SALAN or Abbas Al ALI Hana Sabz ZADEE (aka) Hana SABZ-ZADAH or Hana SABZOZADA Mahsa AKBARI Mohammad Reza SARDARI (aka) Mohammad Reza or Mohammad Reza SARDEARI Ali Al KHAFAGY (aka) Ali Aly KHAFAJI or Ali Oday KHAFAJI or Ali Fakri Kadum Abdul Amir SADATI (aka) Abdul Amir SAADATI KHASEH or PASHA or Amir SADATI Kathm BEDIRI (aka) Kathem RAHI AL BRAIRI orKadum RAHI Somieh ARAM (aka) Somaieha ARAM or Somayeh ARAM Hossein ABDOLLAHI KOUSHKI (aka) Hossein KOOSHKI ABDOLLAHI, Hussain Hossein NABATI (aka) Hossein NABAATI Naser HOSSEINI (aka) Seyyed Naser, Nasser Abouzar HASANZADEH (aka) Abuza HASSAN ZADEH Coroners Act, 1996 [Section 26(1)] Western Australia RECORD OF INVESTIGATION INTO DEATH Ref No: 37/07 I, Alastair Neil Hope, State Coroner, having investigated the deaths of persons who were on board a vessel known as SIEV 221 which sank off Christmas Island on 15 December 2010 and whose bodies were located afterwards, find that the identity of each of the following named persons1 has been established, that that all the deaths occurred at sea off Christmas Island and that in each case the cause of death was consistent with immersion (drowning) in the circumstances detailed herein. Name Gender Believed Age Country or Origin Believed Fatemeh BAGHAIE Female IRAN 27 yrs name AKA: Fatama BAGHAE /BAGHA’E Fatmeh BAQAIE Believed Khedier EIDAN MADHI Male IRAN approx name 53 yrs AKA: Khodair MAHDI Believed Khoshqhadam AMINI Female IRAN 31 yrs name Believed Hassan SHAHVARI Male IRAN approx name 53 yrs Believed Ali KHEDIER EIDAN Male IRAQ 7 yrs name AKA: Ali EDAN Believed Afssaneh ABDULLAHI- Female IRAN approx name MEHER 27 yrs 1 It should be noted that the names of these persons do not translate directly from their language of origin into English and spellings are not reliable and for this reason the gender, believed country of origin and age are given. Believed Haifa BAWY Female IRAQ 42 yrs name AKA: Haifa MOHAMMED Haifae AHMED MOHAMMAD Believed Mehran ZAREH Male IRAN 36 yrs name Believed Fawzeya BAWY Female IRAQ 48 yrs name AKA: Fawziayh MOHAMMED Believed Fatemeh TAYARI Female IRAN approx name 47 yrs AKA: Fatemeh TAYYARI Believed Mahan SHAHVARI Male IRAN 3 yrs name Believed Shekooh TAROMI NEJAD Female IRAN 45 yrs name SHEERAZY AKA: Shekooh TAROMINEJAD SHIRAZI Believed Mariam SHAHVARI Female IRAN 10 yrs name AKA: Nazanin SHAHVARI Believed Ahmed Oday AL KHAFAJI Male IRAQ 9 yrs name Believed Nasrollah AKBARI Male IRAN 37 yrs name AKA Nasrala AKBARI Nasralah AKBARI Nasroallah AKBARI Believed Mariam Fakri Kadum AL Female IRAQ 1 yr name KHAFAJI AKA: Mariam Oday AL KHAFAJI Believed Maryam ZAREH Female IRAN 28 yrs name Believed Elmira KHORSHIDI Female IRAN 20 yrs name AKA Shakiba KHORSHIDI Shakiby KHOORSHIDY Believed Javed SHIRVANI Male IRAN approx name 30 yrs Believed Soha ZAREH Female IRAN 9 mths name AKA Soho ZAREH Believed Sam Hussain HUSSAINI Male IRAN 3 mths name AKA Sayed Sam HUSSAINI Believed Zahra Median IBRIHIMI Female IRAQ 11 mths name AKA Zahra’a IBRAHIMI Believed Khalil BEHZADPOUR Male IRAN 29 yrs name AKA Khalil BEHZADPOOR Believed Abbas AKHONDY Male IRAN 25 yrs name AKA Abbas AKHONDI SHIVIYARY Believed Mehrdad KARBAVI Male IRAN 34 yrs name Believed Malektaj KARIMI Female IRAN 47 yrs name AKA Malaktaj KARIMI Believed Reza GANDOMI Male IRAN 39 yrs name Believed Kobra DAVARY YEKTA Female IRAN 21 yrs name AKA Kubra DAVARIYAKTH Believed Oday Rashed Mohammed Male IRAQ approx name Hassan ALSALMAN 29 yrs Believed Farhad AKHLAGHI Male IRAN 32 yrs name SHAIKHDOOST AKA Farhed AKHLAGHI SHAIKHDOOST Coroners Act 1996 (WA) (C1) [Section 26(1) and Section 23] Western Australia RECORD OF INVESTIGATION INTO DEATH Ref No: 37/07 I, Alastair Neil Hope, State Coroner, having investigated the suspected deaths of persons who were on board a vessel known as SIEV 221 which sank at the coast of Christmas Island on 15 December 2010 and were not located afterwards, find that the deaths of the following named2 persons has been established beyond reasonable doubt and that all of the deaths occurred at sea off Christmas Island from drowning or injuries suffered as a result of impact with the shore or debris in the ocean in circumstances detailed herein. Name Gender Believed Country or Age Origin Believed Nahaye Ahmad Mohammed BAWY Female IRAQ 35 yrs name AKA: Nehayah MOHAMMED, Nehaya BAWY, Nihaya Ahmed MUHAMMED Believed Esraa Eidan MAHDI Female IRAQ 10 yrs name AKA: Asra EIDAN Isra KUDAIR Assraaa KHEIDER EIDAN Believed Siamak KHORSHIDI Male IRAN 37 yrs name AKA: Shahin KHORSHIDI Shaheen SYAMACK, Seyamak, Siyamak Believed Koorosh KHORSHIDI Male IRAN 1 yr name 2 It should be noted that the names of these persons do not translate directly from their language of origin into English and spellings are not reliable and for this reason the gender, believed country of origin and age are given Believed Zaman Ali HESNAWI Female IRAQ 24 yrs name AKA: Ali ZAMAN, Zaman Ali DAWAS Zaman ALI AL HASSNY Believed Maryam HOSSEINI Female IRAN 28 yrs name AKA: Mariam HUSSAINI, Hussine Believed Nazar ELEBRAHEMI Male IRAQ 5 yrs name AKA: Medin NAZAR Nizar Medlan IBRIHIMI Believed Kamran ABDOLLAHI MEHR Male IRAN 36 yrs name AKA: Kamvan ABDOLLAH MEHEN Camran, Komron KHURSHIDI Believed Abbas Ody Rashed SALMAN Male IRAQ 5 yrs name AKA: Abbas AL SALAN Abbas Al ALI Believed naHana Sabz ZADEE Female IRAN 3 yrs AKA: Hana SABZ-ZADAH Hana SABZOZADA Believed Mahsa AKBARI Female IRAN 4 yrs name Believed Mohammad Reza SARDARI Male IRAN 27 yrs name AKA: Mohammad Reza Mohammad Reza SARDEARI Believed Ali Al KHAFAGY Male IRAQ 8 yrs name AKA: Ali Aly KHAFAJI Ali Oday KHAFAJI Ali Fakri Kadum Believed Abdul Amir SADATI Male IRAN 48 yrs name AKA: Abdul Amir SAADATI KHASEH PASHA Amir SADATI Believed Kathm BEDIRI Male IRAQ 31 yrs name AKA: Kathem RAHI AL BRAIRI Kadum RAHI Believed Somieh ARAM Female IRAN 29 yrs name AKA: Somaieha ARAM Somayeh ARAM Believed Hossein ABDOLLAHI KOUSHKI Male IRAN 36 yrs name AKA: Hossein KOOSHKI ABDOLLAHI, Hu Believed Hossein NABATI Male IRAN approx name 35 yrs AKA: Hossein NABAATI Believed Naser HOSSEINI Male IRAN 39 yrs name AKA: Seyyed Naser, Nasser Believed Abouzar HASANZADEH Male IRAN approx name 30 yrs AKA: Abuza HASSAN ZADEH Abozahar Counsel Appearing : Mr M McCusker QC and Mr M Tedeschi and assisted by Mr P Yovich Mr P Hanks QC and Mr Livermore on behalf of the Commonwealth Government Mr S Owen-Conway QC (instructed by Australian Government Solicitors) on behalf of Rear Admiral Barratt Ms G Archer SC (instructed by Corrs Chambers Westgarth) on behalf of SERCO Ms C O’Connor with Mr G Newhouse (instructed by Shine Lawyers) on behalf of family members and survivors Table of Contents Executive Summary ......................................................................................................................i Introduction ..................................................................................................................................1 Location of the Incident : Relevant Coronial Legislation.............................................................10 The Investigation........................................................................................................................15 Suppression Orders: Non Use of Names of Asylum Seekers ....................................................18 The Conduct of the People Smugglers ......................................................................................20 The Conduct of the Crew ...........................................................................................................21 The Accounts of Survivors from SIEV 221 .................................................................................22 The Arrival of SIEV 221 at Christmas Island ..............................................................................25
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