This section details some of the issues that were raised by investigators in interviews, about their experiences of investigating trafficking in persons in Australia.
Cases have not matched stereotypes about 'high-end' organised crime
AFP investigators noted that while the groups involved in trafficking in persons to Australia clearly have a level of organisation, they are not at the 'high end' of major organised crime. Those involved have tended to include small business owners with business or family links to those involved in the other parts of the trafficking process, such as recruitment or document fraud. In particular, the groups involved in human trafficking do not appear to have the same high levels of organisation and sophistication as drug traffickers.
Cases have been detected in legal and illegal brothels
AFP investigators noted that cases have been detected in both legal and illegal brothels. Several AFP investigators considered that this distinction had little relevance from the perspective of investigating trafficking.
Trafficking investigations are complex and resource-intensive
The experience of the past four years of the AFP's TSETT suggests that trafficking investigations can be long, complex and resource-intensive. For example, one of TSETT's larger trafficking operations has involved concurrent investigations in multiple locations throughout Australia, with support from the AFP's overseas liaison network. The Melbourne TSETT unit reports that between July 2005 and February 2006, they dedicated 2,976 hours of police time to this operation. This is in addition to the time applied by the other teams involved. The operation included identifying key evidence from 27,000 telephone intercepts, many of which were in a foreign language.
There appear to be a number of reasons why trafficking investigations have tended to be long and complex. Trafficking takes place behind closed doors, so there are usually few witnesses. To avoid the classic situation of 'her word against his', investigators have invested a lot of time and resources into locating evidence that will corroborate the victim's account. In investigations to date, this has included:
- locating former clients of the brothels where suspected victims of trafficking have been held
- locating other women who have worked at the brothel who can corroborate the suspected victim's account
- locating immigration records and customs footage
- checking financial records
- checking mobile telephone records
- using telephone interceptions.
Also, all trafficking investigations have, to date, focused on trafficking as a transnational crime, and have therefore involved a strong element of transnational cooperation and coordination. For example, investigations have involved AFP officers travelling to the victim's country of origin to take statements or to pursue leads. Several investigations have involved direct police-to-police cooperation, such as in Sieders & Yotchomchin, where the AFP acted in cooperation with the Royal Thai Police to simultaneously execute warrants of arrest in Australia and Thailand. Such cooperation adds time, cost and complexity to investigations.
To date, all suspected trafficking victims identified by the AFP have been foreign nationals. Several of the alleged offenders spoke English only as a second language. As a result, translators are required throughout the investigation, including for key evidence. While translation is crucial, the time and costs involved can be high.
During several investigations, suspected victims of trafficking have agreed to provide a statement but have wanted to first return home. The AFP has facilitated this by either travelling to the victim's home country to take a statement or helping the victim return to Australia to give a statement. Such flexibility helps ensure the victim's rights and needs are respected, and helps ensure the victim is willing and able to cooperate. However, such strategies also add time, complexity and risk to an investigation.
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Impact of the crime on victims and resulting impact on investigations
In most Australian cases to date, the suspected victims of trafficking have not experienced a high level of physical violence, in the form of beatings or other physical assaults. However, as one AFP investigator noted:
Even though these victims have not experienced high levels of physical violence, they have experienced high levels of abuse. You can see they fear being locked in, they are still very scared, and they have a high level of anxiety and trauma associated with sexual assault.
This has several implications for the conduct of investigations. AFP investigators noted the importance of taking time to build trust and rapport with victims, whose stories may be personal and painful. Accordingly, it is not realistic to expect a victim to tell their story to complete strangers in the first session. Investigators noted the importance of not rushing interviews and having enough time. This includes time to conduct the interview, time to suspend the interview if needed and time to allow a victim to take a break if the interview gets too much. AFP investigators also noted the importance of building trust and rapport between the victim and the interpreter. Several investigators noted the importance of choosing an interpreter carefully and, ideally, of retaining the same interpreter throughout the investigation.
Like sexual assault matters, trafficking cases can involve situations of 'her word against his'. Accordingly, AFP investigators noted the importance of taking comprehensive statements. A comprehensive statement gives the AFP the best opportunity to corroborate as many aspects of the victim's account as possible and minimises the need to conduct a further interview. However, obtaining a comprehensive statement through an interpreter can take a long time. For example, in one investigation, officers interviewed the victim for around four hours each day for three weeks. Such a lengthy process clearly has implications for the victim; a fact noted by victim support workers interviewed. Victim support workers noted that from the victim's perspective, investigative interviews are a 'long and arduous process'.
Importance of victim support
AFP investigators note that suspected victims of trafficking are in a unique position. Like other victims of crime, they may be deeply affected by their experience; but, unlike other victims of crime, they may also have a tenuous migration status in a foreign country, where they may speak little of the language and know only the people who have exploited them. In addition, they may lose the few friends they have in Australia if they agree to participate in an investigation. As a result, suspected victims of trafficking can be highly vulnerable and isolated.
In the early days of Australia's response to trafficking, there was no victim support package. Consequently, individual AFP investigators assumed much of the welfare role for victims of trafficking. To their credit, these officers embraced the role and did what they could with limited resources. However, every AFP investigator who was interviewed noted the importance of separating the investigative role from the welfare role. This separation was considered important for the victim's welfare. As several AFP investigators noted, they are not trained counsellors or social workers. Also, the separation allows them more time to concentrate on their core role – that of conducting the investigation.
From an investigations perspective, the introduction of the victim support package was a positive step; however, individual cases have highlighted some gaps in the package. For example:
- Until recently, the package did not cover suspected victims of trafficking who agree to give a statement but who first want to return home. Accordingly, AFP investigators needed to proactively seek out other avenues of support. In several cases, AFP investigators organised for Thai social workers to travel from Thailand with the victim to support them through the process of giving a statement. The CDPP funded these actions and DIAC facilitated the necessary visas.
- The package does not cover family members of suspected victims of trafficking who may be required in Australia to give evidence.
- The visa framework that accompanies the package is available to 'immediate family members' but this does not accommodate situations where the victim of trafficking is in a same-sex relationship.
- The visa framework is available to immediate family members in Australia. However, sometimes the children of suspected victims of trafficking are not in Australia but have remained in the victim's home country.
AFP investigators emphasised that in their experience, it is vital that victim support be both comprehensive and high quality. This view reflects both the need to ensure the victim's welfare and the impact victim support can have on the investigation. As one AFP investigator commented:
The quality of victim support has a direct impact on the quality of evidence.
Another AFP investigator said:
With support for victims of crime, you shouldn't go for the cheapest option. If you lose the victim you lose the case. It's an incredible investment.
Investigators expressed concern about various aspects of the existing victim support program. In particular, they had concerns that the quality of the service provided was variable, and that there are gaps in coverage. Specific issues included:
- In their experience, the level, type and quality of support provided to individual victims of trafficking appeared to be highly variable, and dependent on the individual caseworker.
- There is uncertainty around exactly what services the caseworkers are required to provide. One investigator suggested that introduction of a minimum service standard would help address this issue.
- The contractor does not appear to make sufficient use of translators. Investigators were unclear how caseworkers could explain complicated concepts, such as compliance with Centrelink or Australian Taxation Office requirements, given their clients' often poor command of English. Investigators noted that victims would often 'save up' their queries until their next interview with the AFP, so they could take the opportunity to ask questions through the AFP-provided interpreter. Individual prosecutors also raised this situation.
- Some caseworkers appeared to rely entirely on public transport. The investigators felt this limited the capacity of some caseworkers to get to the police station in a timely manner (for example, when a suspected victim of trafficking has been identified late at night) or to move victims in a secure and appropriate way (for example, when the victim has given evidence in court and needs transportation home).
- There appears to be insufficient focus on provision of psychological or psychiatric support, either through counselling, use of registered psychologists or, if required, provision of psychiatrists. Investigators commented that many victims with whom they have worked are incredibly damaged, and need either psychological or psychiatric care.
- The victim's entitlement to legal advice is limited to three hours of advice. Investigators noted that a victim's migration status could be very complicated. For example, in several cases, employers have lodged false protection visa applications, often in multiple false names. In some cases, the victims have signed the forms. These issues are unlikely to be resolved in three hours. Also, victims may have legal needs that flow from their involvement in the criminal justice process. For example, when one victim was informed she should seek legal advice as her bank account had been subpoenaed, she did not know what to do.
With regard to these issues, the current service provider noted a number of practical and budgetary considerations:
- Under the Support for Victims of People Trafficking Program, the same level of support is available to all clients. However, individual clients will have different needs and requirements around case support. The level of support provided is determined on a case-by-case basis, dependent on the client's needs.
- There is a defined set of protocols regarding services that will be offered to clients (Programme Guidelines). All caseworkers receive training in applying these guidelines. Exceptions are referred to the funding body, the Office for Women. The service provider has to comply with budget allocations for each client and the program overall.
- The service provider does make use of translators. However, it is unable to provide unlimited translation services due to budget allocations (up to three hours, or $300, of interpreter services are available to clients on the program). The service provider recommends that Centrelink interpreters are used for Centrelink-based enquiries and meetings, as they are familiar with relevant terminology and concepts.
- All caseworkers employed by the service have a car available to be used for all aspects of their work on the program. A petrol allowance is also paid for all kilometres travelled by caseworkers. Sometimes the service provider will recommend that caseworkers use a taxi (e.g. for a pick-up late at night) and this cost will be reimbursed. According to the service provider, public transport is used only when the caseworker is showing the client how to use the local public transport network. This is part of the socialisation process of the program.
- Some case managers are psychologists, and some clients are seeing psychiatrists. All clients are offered the use of counsellors. Some clients refuse to see a counsellor and this choice has to be respected. Some clients rely heavily on the case manager for psychological support and prefer this, even if the caseworker recommends counselling. For this reason, it is important that caseworkers have relevant skills, experience and qualifications.
- The service provider has a budget of three hours of legal advice. This reflects the parameters of the program established by the government.
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The challenges of understanding culture, coercion and control
Few of the cases discovered in Australia fit the traditional stereotype of 'slavery'. For example, the suspected victims of trafficking who have come to the attention of the AFP have not been kidnapped from their home villages, held at gunpoint or chained to beds. The fact situations that have arisen over the past four or so years are far more complex that this. In many cases, the suspected victims of trafficking have known they are coming to Australia to work in the sex industry; many have had access to mobile telephones while here in Australia; and only some have been physically restrained, through detention in brothels and safe houses. However, in all cases, coercion and control has involved a range of subtle methods such as threats of violence, obligations to repay debt, isolation, manipulation of tenuous or illegal migration situations and a general sense of obligation.
AFP investigators note that the behaviour of many suspected victims of trafficking might be inexplicable to the average Australian. In particular, it might appear they are particularly compliant given their situation. For example:
- In one case, the suspected victim of trafficking alleged that she was forced to provide sexual services in several Sydney brothels against her will. She said the brothel owner drove her to and from the place where she was required to sleep. She indicated that during this time, she was held against her will because the car doors were locked. Once they arrived at the brothel, the brothel owner would take her by the hand and lead her to the brothel. When asked why she did not try to break away, the suspected victim of trafficking indicated that she could not do this because the brothel owner was an older woman, and she did not want to hurt her.
- In another case, the suspected victim of trafficking was asked why she had not left the brothel, as the door was not locked. The suspected victim of trafficking indicated that she had never tried to open the door.
AFP investigators emphasise the importance of trying to understand the situation from the perspective of the person involved. In many cases, this has required investigators trying to understand a situation through a different cultural lens. For example, investigators might need to understand situations from the perspective of someone who had come to Australia from a poor rural village, in desperate poverty, where their family has been involved in their recruitment. Investigators also need to try to understand different ways of thinking about issues such as debt, family obligation and respect for elders.
Multiple statements
In some early investigations, the AFP took a signed statement from the suspected victim of trafficking during the initial interview, in circumstances that were less than ideal (for example, in an immigration detention centre). When gaps or inconsistencies were later identified in the victim's statement, investigators reinterviewed the victims. This resulted in statements being amended, or in new statements being taken. While this approach led investigators closer to the truth of the situation, it also had profound implications for the prosecution. In some cases, by the time the matter got to court, victims had signed up to five or six statements. The existence of these 'prior inconsistent statements' was used as the basis upon which to attack the victim's credibility. It is difficult to convince a court that a victim is telling the truth, when they may have signed five or six different (sometimes conflicting) statements.
There is no legal requirement to finalise a statement at the earliest possible opportunity. Accordingly, several strategies appear to have been used in later investigations to minimise the need to take multiple signed statements. Key strategies seem to include:
- allowing enough time to develop trust and rapport between the investigator and the victim of trafficking before finalising statements
- taking very detailed, comprehensive statements, thereby minimising the need to reinterview to 'fill in the gaps'
- testing the content of the statement, as it will be tested later in court, through the AFP's own investigations. This can help identify any gaps or inconsistencies at an early stage before the statement is finalised. These gaps or inconsistencies can then be discussed with the victim through the interview process.
While there is no requirement to finalise the statement at the first opportunity, investigators noted there may be operational pressures to move quickly. For example, it is generally not possible to arrest and charge a suspect without a signed statement from the victim.
Importance of everyone working together for the same objective
The slavery and sexual servitude offences were first introduced into the Criminal Code (Cth) in 1999. From this time, the AFP became responsible for investigating these offences. However, the broader whole-of-government response to trafficking in persons was not developed until much later.
Many lessons were learnt in the early investigations; some reflect the newness of the crime type, and the fact that these investigations really were the first of their kind in Australia. However, some of these lessons also reflect the reality that investigators need support and assistance from a range of agencies, if they are to effectively investigate trafficking cases. Over time, individuals and agencies were able to identify gaps or shortcomings in the response and to bring these to the attention of policymakers. This information then became part of developing and improving the Australian Government's anti-trafficking response.
For example, one of the early lessons was the importance of a close working relationship between the AFP and DIAC. If victims of trafficking were to be identified and assisted, it was vital that DIAC brought suspected trafficked victims to the attention of the AFP. If this did not happen, there was a risk that victims would be detained and removed from the country. This would be unacceptable from a humanitarian perspective. It would also seriously undermine AFP efforts to detect and investigate trafficking offences. Accordingly, the AFP and DIAC developed a referral protocol. Under the referral protocol, DIAC refers any suspected trafficking matters to the AFP within a very short time frame (the protocol refers to one hour). This has resulted in identification of trafficking victims, as well as development of intelligence on suspected trafficking cases. Today, there appears to be a high level of cooperation and information sharing between the AFP and DIAC.
Further, it became apparent from some of the early cases that state and territory police might be the first responders to trafficking situations. Accordingly, they needed to have a basic awareness and understanding of trafficking, and be aware of the new federal laws. Without this awareness, they would not know to bring suspected trafficking cases to the AFP's attention. It was also important that there were referral pathways, so that the state and territory police would know how to refer a suspected trafficking matter to the AFP. Accordingly, in 2006, with the involvement of all Australian police services, a national policing strategy was developed (Australian Policing Strategy to Combat Trafficking in Women for Sexual Servitude 2006–2008, Australasian Police Ministers Council. Strategy prepared by the Australasian Crime Commissioners Forum, September 2006). The strategy clarified roles and responsibilities, and put the issue of basic awareness training for state and territory police on the national agenda.
Importance of specialist training
AFP investigators noted the value and importance of the AFP's specialist training program, the Transnational Sexual Exploitation Investigations Program. The program appears to be well regarded by AFP investigators and investigators in the state and territory police, several of whom commented positively on the course.
Several AFP investigators suggested that the TSETT training program could be usefully supplemented with other training activities. In particular, they noted the importance of ensuring that all TSETT investigators have highly developed skills and experience to work effectively with victims of crime, and particularly crimes that have a strong sexual element. They noted that the AFP's role has traditionally focused on 'victimless crimes'. In contrast, state and territory police work with victims of crime every day. Several investigators noted the value of having a background in state or territory policing for this reason. AFP investigators noted that state and territory police services have highly developed responses in this area, including advanced training packages on working effectively with victims of sexual assault, which could usefully be drawn upon in the trafficking context.
The importance of locally sourced training was also noted. For example, the Melbourne TSETT unit has sourced training on sexual assault investigations from Victoria Police. This decision reflects a strong overlap between the skills needed to effectively investigate sexual assault and those needed to effectively investigate trafficking for the purposes of sexual exploitation. However, it also reflects the reality that TSETT investigators need to be linked with local networks, including community groups and service providers. For example, in Victoria the TSETT unit has sought to link with various local services, including the Victorian Centres Against Sexual Assault.
Importance of established contact points and relationships
The experience of the past few years demonstrates the importance of strong collaborative working relationships, such as that between the TSETT units and the areas of DIAC that work directly on trafficking. The AFP Liaison Officer and the DIAC Senior Migration Officer Compliance (Trafficking) are co-located in the Australian Embassy in Bangkok. They work together on a daily basis and have weekly coordination meetings. The TSETT units in Melbourne and Sydney work closely with the DIAC Sex Industry Compliance teams in those locations. Within DIAC, there is strong cooperation between the broader onshore and offshore networks.
While there is strong cooperation between the agencies, teams and people that work together regularly, some investigators noted that difficulties can arise if trafficking cases are identified outside the major cities, or if parts of the larger government bureaucracy (outside the specialist teams) have to become involved. Investigators also noted the importance of being able to quickly identify focal points in all the agencies involved in the anti-trafficking response. For example, situations have arisen where people have changed jobs and not nominated a new contact point. Given the short time frames within which some decisions need to be made, it is vital that investigators do not waste time trying to locate a new contact point.
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Importance of transnational networks
AFP investigations have focused primarily on trafficking in persons as a transnational crime. This has had an impact on the conduct of investigations. The AFP has identified suspected victims of trafficking that originated from a range of countries. While the greatest number of suspected victims has originated from Thailand, suspected victims of trafficking have also been identified from regions as far away as Eastern Europe.
In the Australian context, cooperation with foreign law enforcement agencies is largely facilitated through the AFP's network of overseas liaison officers. The AFP has 83 liaison officers in 36 posts, located in over 27 countries. Investigators noted the important role of the AFP liaison network in supporting investigations in Australia. This has included:
- working closely with police in other countries to coordinate joint investigations
- working closely with welfare agencies in other countries to ensure victim support is provided to suspected victims of trafficking who are returning home
- undertaking capacity-building activities with foreign law enforcement agencies, which ultimately help equip these agencies to better respond to trafficking
- gathering intelligence and sharing information.
While international cooperation (such as police to police cooperation) can run smoothly with excellent results, it can also be difficult and frustrating. Poor cooperation can hamper investigations.
The AFP liaison officers in Bangkok have played an important role to ensure provision of support and assistance to suspected victims of trafficking returning to Thailand. This involves close cooperation between the AFP liaison officers and the Thai Department of Social Welfare and Development. In many cases, the suspected victim of trafficking has not wanted their family to know about their experiences in Australia so their situation has had to be carefully managed. Victim's security is also a critical issue; traffickers have recruited the victim, so they know exactly where she and her family live. The number of women receiving support in this way has changed over time; in 2005, eight suspected victims of trafficking were being supported in this way in Thailand and in 2007, 18 were being supported.
Relationship between AFP and DIAC, including outside of Australia
AFP investigators noted the value of drawing on DIAC's powers to facilitate investigations, both in Australia and overseas. In Thailand, there is a DIAC officer whose role is directed at preventing trafficking. Since the position was established in late 2003, it has supported Australian investigations by providing key information on individual cases, and has identified suspected trafficking cases that have then been referred to the AFP for investigation. In several cases, this has resulted in the laying of charges in Australia.
Case study of an effective investigation: Operation Turquoise
Overview
Many of the strategies identified as vital to support an effective investigation were put into practice in the investigation that led to the conviction of Johan Sieders and Somsri Yotchomchin. This investigation had several features:
- The AFP worked collaboratively and closely with DIAC to initially identify the victim and to regularise the visa status of several key witnesses.
- The AFP demonstrated flexibility in the timing of interviewing the victim. After the victim was initially identified, she wanted to return home. She indicated that she was willing to come back to Australia to give a statement. Rather than trying to rush through a signed statement before the victim left Australia, investigators made arrangements for her to return to Australia. This was facilitated by DIAC.
- Individual investigators worked hard to build trust and rapport with the victim. For example, even though translators were used throughout, the individual investigators involved took the initiative to learn some basic Thai language.
- Investigators sourced and used 'soft' interview facilities.
- The AFP liaison officer in Bangkok sourced culturally appropriate victim support services through the Thai Department of Social Welfare and Development.
- The investigators took comprehensive statements, which they tested through their own investigations. Gaps and inconsistencies were resolved at an early stage.
- The investigators worked closely with the ACC to take advantage of the opportunities offered by the conduct of coercive interviews through the ACC special reference. This involved working with a multidisciplinary team, including a lawyer and a psychologist.
- The investigators worked closely with the Royal Thai Police, including conducting simultaneous search and arrest warrants.
About the investigation
This matter came to light when a man made an anonymous telephone call to the DIAC Immigration Dob-in Line. He said he had just been with a sex worker in a Sydney brothel who had pleaded for him to help her get out. DIAC undertook a compliance visit and conducted interviews the next day. However, the victim was not located in that search. The anonymous client rang DIAC again. He indicated that the victim had contacted him and said she had moved to another Sydney brothel and again asked for his help. DIAC undertook a compliance visit to the second brothel, where the victim was located.
In an interview with DIAC, the victim made claims straight away that she was being held there against her will. DIAC removed her from the premises, on the basis that she was an unlawful non-citizen. The officers involved took her to their office and telephoned the AFP.
Following an initial 'assessment' interview, the AFP made it clear they would support her application for a BFV. However, the victim indicated that while she was willing to make a statement, she wanted to go home to Thailand first.
The victim returned to Australia several weeks later to give a statement. In the intervening period, the AFP liaison officer in Bangkok had organised for the victim to be accompanied back to Australia with a Thai social worker from the Department of Social Welfare and Development. The CDPP covered the costs and DIAC facilitated the visa arrangements.
Once back in Australia, the victim was interviewed by two AFP investigators. The interview was conducted with the assistance of an interpreter; and the same interpreter was used throughout. The interview was held in the self-contained unit where the victim was staying.
It took investigators a long time to obtain a complete statement; the interview was conducted over three weeks, for around four hours each day. The interview was long because investigators felt it important to record details of each day the victim was preparing to come to and when she was in Australia (the victim in this case had been in Australia for about one month before DIAC officers located her).
The statements included details about her background and her recruitment in Thailand. The victim said she met a man in a bar who introduced her to another woman, who set up everything. She said a Thai man escorted her to Australia and the brothel owner collected her at the airport. When the statement was completed the victim returned to Thailand.
The AFP continued the investigation after the victim returned to Thailand. This included following several leads, including information obtained from the SIM card the victim had used while in Australia. During this time, investigators worked closely with the ACC. As a result, the AFP identified several other key people, including the victim's cousin who was also working in Australia.
From the AFP's interviews with the cousin, it became apparent that aspects of the victim's initial statement were false. The victim had not been recruited in a bar in Thailand; her cousin had put her in touch with the recruiters. The cousin was an illegal non-citizen in Australia. DIAC issued her with a BFV while the AFP assessed her value as a witness. The cousin turned out to be a crucial witness and was granted a Criminal Justice Visa.
After getting this information from the cousin, AFP investigators obtained a second statement from the victim. This took two weeks. Investigators asked the victim why she had not told the truth in her first statement. The victim said it was because her cousin did not have a visa and she did not want to get her cousin into trouble. The investigators accepted that even though the victim had lied to them, her reasons were plausible and understandable. So they continued with the investigation.
As it transpired, the cousin was a key informant. She helped the AFP locate other unlawful non-citizen sex workers who knew what had happened to the victim. Given the illegal status of these people, when there was likely to be a potential meeting, the AFP worked closely with DIAC who ensured someone was on standby to issue a BFV. The cousin brought forward four unlawful non-citizen sex workers, each of whom was put onto a BFV and became important witnesses in the prosecution.
Investigators were able to corroborate the victim's account in several ways. This included evidence from other sex workers who had seen how the victim was treated, evidence from the client who initially contacted the DIAC Immigration Dob-in Line, evidence from mobile telephone tower records confirming the victim's movements, and records from intercepted telephone conversations. Key evidence from Thailand that was required for court was sourced through official mutual assistance channels.
While the AFP was investigating in Australia, a parallel investigation was underway in Thailand. The AFP coordinated the issue of warrants with the Royal Thai Police. When the AFP arrested Johan Sieders and Somsri Yotchomchin, the police in Thailand arrested several other people alleged to have been involved in recruiting and financing the victim's travel to Australia.
The defendants were initially charged with sexual servitude, slavery and a NSW charge of detaining for advantage. Following consultation with the CDPP, the charges were changed to operating a business involving the sexual servitude of others. The defendants were convicted and sentenced in 2006 (R v Sieders & Yotchomchin [2006] NSWDC 184). In 2007, the defendants lodged an appeal against their convictions and sentence. As at 29 February 2008, the appeal had not been heard.