The barrister representing former NSW MP Daryl Maguire has told a court his client “wouldn’t have a clue” about Australia’s visa system.
Mr Maguire is on trial over his alleged involvement in a fraudulent visa scheme, after pleading not guilty to a single charge of conspiracy to commit an offence.
The 67-year-old is accused of knowing false information would be provided to the Commonwealth on visa application forms relating to Chinese nationals seeking permanent residency, and recruiting businesses within the NSW Riverina to participate in the scheme, between 2013 and 2015.
The estimated five-week trial began in the NSW District Court on Wednesday, where the court heard Mr Maguire and businesses who participated in the scheme were paid cash for their involvement.
On Thursday morning Mr Maguire’s barrister Ian McLachlan told the court in his opening address that prior to becoming the member for Wagga Wagga in 1999, his client was well known in the local business community and had taken trips to China with a view to facilitate trade with businesses in his home city.
In 2013 a business he was associated with, G8Way International Pty Ltd, started offering visa services, marrying up prospective employees and employers.
Mr McLachlan told the court Mr Maguire’s role was to identify businesses that might want to participate and sponsor a visa applicant.
“They were after skilled labour they just couldn’t get,” Mr McLachlan said.
“Genuine employers were seeking genuine labour.”
Daryl Maguire leaves the NSW District Court on the first day of his trial relating to alleged fraudulent visa applications. (ABC News: Marcus Stimson)
The court heard Mr Maguire worked with an associate, Maggie Wang, and an associate of Ms Wang’s, Monica Hao, a registered migration agent based in Sydney.
Mr McLachlan said submitting the visa applications to the Commonwealth was Ms Hao’s responsibility.
“[Mr Maguire] had no role in submitting the documents,” he said.
“Once he does the introduction, it’s over to Maggie and to a lesser degree her associate.”
Mr McLachlan told the court visa requirements were “unbelievably complex”, with different paperwork required for different visa streams and numerous ways to apply for individual visas.
“If you have no idea about the requirements, you really wouldn’t have any idea what’s been submitted to the government,” he said.
“The reality is he wouldn’t have a clue. What would he know about any of the visas?“
Mr McLachlan also told the court one act relating to visas changed 20 times during the period the trial was examining.
Text exchanges
Hector Leija-Gonzales, an investigator with Australian Border Force, was the first witness called to give evidence.
Mr Leija-Gonzales told the court he had been in charge of the investigation into Mr Maguire, which included collecting evidence, interviewing witnesses and reviewing text messages from the phones of the accused and Ms Wang.
The court was read a series of text exchanges, including between Mr Maguire and Ms Wang, as well as Ms Hao and associates and business owners in the Riverina.
In one message sent in early 2013, Mr Maguire briefs Ms Wang about a presentation he had organised at Parliament House.
“You need to ensure you are on top of the new regulations for migration,” the message read.
In another message, Ms Wang responds to Mr Maguire about the presentation.
“Thanks for this opportunity.”
In further messages sent later in 2013 Mr Maguire tells Ms Wang, “No need to tell your friend Monica too much.”
The court heard Ms Wang sent messages to Mr Maguire about potential visa applicants.
“The person is not required to work in Wagga at all,” one message read.
In another message, the court heard Ms Wang said, “[The] employer has no obligation to have the employee at all.”
Mr Leija-Gonzales’s evidence continues.
