Asylum seekers trying to flee to Australia more than two decades ago feared being captured by the Indonesia government as they waited to board a boat, a former Iraqi soldier has told a court.
Fawzi Salem Ukili Al Majed says he paid thousands of dollars to bring his family to "safe" Australia on what came to be known as Suspected Illegal Entry Vessel X (SIEV-X).
He was testifying on Tuesday at the Brisbane Supreme Court trial of Maythem Kamil Radhi who is accused of facilitating the proposed entry of at least five non-citizens into Australia between July 1 and October 19, 2001.
Mr Al Majed, his family and others escaped back to Indonesia on a fishing vessel before SIEV-X sank - almost 21 years ago to the day - leading to a "significant number of lives being lost", the court has heard.
People had pushed and shoved to get on buses with capacity for 10 to 12 passengers that took them to the beach to start their journey, Mr Al Majed said.
"Everyone was trying to find a spot."
The Iraqi soldier of 13 years said people feared capture by the Indonesian government and were desperate to leave after days without food.
The people smugglers took passengers' passports and money while warning not to mention their names on arrival in Australia, he told jurors.
Mr Al Majed said he paid $US700 per person for himself, his wife and three children after negotiating a reduced rate.
He had communicated in Arabic to "Maythem" and other men about arrangements to travel to Australia to "be in a safe country".
But Mr Al Majed feared the SIEV-X was too small for the number of people, which he estimated at 500 to 520.
After 15 to 17 hours when they reached international waters the Indonesian captain was replaced with an Iraqi who it seemed had never operated a boat of that size.
Mr Al Majed did not see what happened but heard a captain was killed by passengers and thrown into the sea.
They also tossed luggage into the rough sea when waves about 10 metres high crashed around them, he told the court.
Mr Al Majed said the SIEV-X came across a fishing boat that had run out of food after being lost for days.
After giving the fishermen food, Mr Al Majed took his family and others back to Indonesia on that boat.
The Iraqi-born Radhi was not the kingpin of the group that tried to bring the non-citizens into Australia, but instead one of those who helped the leader Abu Quessy, prosecutor Chris Shanahan earlier told the court.
Radhi, 46, is accused of doing one or more things like collecting money, arranging buses, visiting places where passengers stayed before the journey and helping organise people at the vessel's departure point on the beach.
Aside from about 20 passengers who returned to Indonesia before the SIEV-X sank, others were rescued.
Defence barrister Mark McCarthy said prosecutors needed to prove Radhi's alleged involvement was over several months from July 1, 2001.
He told jurors to ask themselves during deliberations whether evidence showed that what Radhi did was done with the intention to facilitate the proposed entry into Australia of the group of at least five people, while reminding them the events occurred more than two decades ago.
