Nearly four years have passed since Robert Pether was detained in Iraq.
The Australian citizen, who had been residing in Elphin, Co Roscommon with his family, was arrested in April 2021 and subsequently imprisoned on fraud charges.
The United Nations has characterized this as an arbitrary detention.
Mr. Pether, a mechanical engineer, had spent almost a decade in the Middle East prior to undertaking a significant renovation of Iraq’s Central Bank headquarters in Baghdad back in 2015.
Robert Pether and his family established their home in Elphin, Co Roscommon.
His involvement in this project ultimately led to Mr. Pether and his Egyptian engineering colleague, Khalid Radwan, being imprisoned after the bank accused them of embezzling funds from the project.
The men’s legal representatives claim they are “hostages in a contract dispute.”
Flynn, Robert Pether’s son, who was 17 at the time, remembers his father being summoned back to a meeting in Baghdad by the central bank to address the issue.
He departed from their residence in Elphin, Co Roscommon, heading to Baghdad, and that was the last time he saw his father.
“The entire meeting was merely a ruse to lure them into the country; they were only halfway through when the person leading the meeting spoke something in Arabic.
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“Immediately after, the Iraqi secret service barged into the meeting room.
“They escorted them out of the office to the place where they had been staying, confiscated all hard drives, blueprints, and related materials before taking them into custody.”
The family faced days of uncertainty regarding Mr. Pether’s whereabouts, fearing for his life.
“We were unable to locate them as they continued to be shuffled from one place to another, and therefore, we couldn’t communicate with them. Even the embassies struggled to trace their whereabouts.
“Eventually, contact was established, but the situation deteriorated rapidly thereafter,” he remarked.
Imprisoned and Penalized
Mr. Pether and Mr. Radwan spent over five months in detention before being charged with fraudulently receiving funds in August 2021.
The judge took merely 15 minutes to reach a verdict, delivering a joint fine of $12 million (€10m) and sentences of five years each.
Several attempts to appeal have been unsuccessful.
Robert Pether, pictured with his sons Flynn and Oscar during their time in Dubai.
That year, the UN Working Group on Arbitrary Detentions stated that Mr. Pether and Mr. Radwan had been arbitrarily detained, asserting that their rights to a fair trial and due process had been violated.
A 2022 UN report concluded that the case violated international law and that Mr. Pether and Mr. Khalid had endured “abusive and coercive” interrogations.
In February 2023, the International Chamber of Commerce (ICC) determined that Iraq’s central bank was at fault in the conflict with CME.
Hopes Abridged
Desree, Robert Pether’s wife and an Irish citizen, has dedicated a significant portion of the last four years to securing her husband’s release.
Their three children—Flynn, 21, Oscar, 19, and Nala, 12—are all Irish citizens.
As the fight for Mr. Pether’s freedom continues, the family now faces the prospect of selling their home due to escalating legal fees estimated at around €120,000.
Flynn Pether described his mother’s ongoing struggle as she attempts to maintain composure for the family.
“She’s doing her best to hold everything together despite not being in great health herself.”
He remarked: “It feels like a David and Goliath situation, where we have tried to pursue this on our own. We are €120,000 in debt over legal costs, and we’ve already appeared in court three or four times.”
The current headquarters of the Iraqi central bank, shown in 2019.
“We are now forced into a position where we have to liquidate nearly everything, our entire way of life. We are currently considering selling our house to continue funding this battle.”
Flynn Pether was in secondary school when his father was first incarcerated. He becomes emotional recalling the milestones his father has missed over the past four years.
“Dad is my main role model, my hero; it’s tough navigating life’s milestones without him.
“I graduated without him by my side, celebrated my 18th birthday without him, completed my first degree without him, and turned 21 without him as well.
“These are definitely moments I truly wished he could have shared with me,” he expressed.
The family has strived to remain optimistic and, in January this year, were led to believe that Mr. Pether was on the verge of being released.
“January 8th came, the day we anticipated his release, but we heard nothing. It was total silence,” Flynn Pether lamented.
“Just two days later, new charges surfaced, this time for money laundering,” he further disclosed.
“Additionally, the civil suit was reopened for, I believe, $50 million, and if the payment isn’t made, they risk being detained indefinitely,” he added.
Diplomatic Initiatives
Robert Pether is an Australian national, yet living in Elphin, Co Roscommon, with his wife Desree and their three children, who hold Irish citizenship. Consequently, the Department of Foreign Affairs in Dublin is assisting them.
Diplomatic outreach by both Australia and Egypt has also been underway to advocate for the release of the two men.
“We have received substantial support from the Irish Government, particularly in their capacity to help to the fullest extent possible.
“However, as Robert is an Australian citizen, the Irish can provide assistance only to a certain extent, so they are striving to facilitate his citizenship process, but there are numerous hurdles in the way.”
The UN determined that Mr. Pether had endured ‘abusive and coercive’ interrogation methods.
“We have had two successive Australian governments, and despite elections occurring, he remains in custody. Whenever we escalate the matter to high-level Australian officials, it seems to fall on deaf ears.”
Flynn Pether believes Iraq should be held responsible.
“Considering the signing of the New York Convention, they are mandated to adhere to external court decisions against them; however, they are opting not to comply,” he stated.
Flynn Pether added: “Consequently, these charges they’re facing are reminiscent of a David and Goliath struggle, and they require a support system that simply doesn’t exist.”
Father’s Health Concerns
As this ordeal continues, Robert Pether’s health is reportedly deteriorating, according to his family.
“Prior to his arrest, he had existing health issues, and since being incarcerated without access to adequate medical professionals and expertise, his health has taken a turn for the worse,” Flynn Pether shared.
“These health issues primarily revolve around skin cancer and melanoma, as he had been previously diagnosed with melanoma.
“Being imprisoned indefinitely is effectively a death sentence by arbitration,” he said.
Transformative Experience
Flynn Pether is now attending university, pursuing a degree in mechanical engineering.
“It can be challenging to balance; I might be engaged in a college project while concurrently having to meet with a high-ranking political figure to address my father’s situation,” he explained.
“I strive to shield my younger siblings from the harsh truths, but it becomes particularly tough during family-centric occasions like Christmas.
“It’s devastating to witness the gathering pile of presents meant for Dad; it weighs heavily on my heart,” he remarked.
During their conversations with Mr. Pether, Flynn noted that his father attempts to protect them from the harsh details of his situation.
Flynn Pether expressed concern over his father’s declining health since the arrest.
“He rarely allows discussion about the specifics of his time in custody, working hard to shield us from that reality as much as he can,” he explained.
However, Flynn mentioned that his father still collaborates with him on engineering tasks.
“We’ve worked together on various gearbox designs, and currently, we are collaborating on another final year project,” he revealed.
“We share ideas and insights, which helps us stay grounded and connected.
“The key is maintaining a dialogue, as allowing silence to linger can lead to more complications,” he cautioned.
Appeal from the Family
Robert Pether’s family has voiced the need for greater assistance to facilitate his release.
“We’ve had competent lawyers and solid representation; in any nation outside of Iraq, this case would have been dismissed,” Flynn said.
“This situation calls for accountability on Iraq’s part for its actions regarding arbitrary detentions and its failure to observe due process and recognize ICC decisions.”
“There’s a substantial amount of evidence categorically proving their innocence—almost five years’ worth—and yet it continues to be disregarded,” he asserted.
‘Ongoing Engagement’
The Department of Foreign Affairs stated it is actively involved in Mr. Pether’s case.
“Given that Mr. Pether is an Australian national, the Australian Department of Foreign Affairs and Trade is the appropriate consular authority for his case,” the statement indicated.
“The Irish Government has also played a proactive role in attempting to secure Mr. Pether’s release in support of Australia’s efforts,” it continued.
“The Department maintains regular communication with the Pether family, and has raised the case with the Iraqi Embassy in Dublin, during visits to Baghdad by Ireland’s Ambassador to Iraq (currently based in Jordan), and directly through interactions between Irish Ministers and Iraqi officials.
“We will persist with these efforts until Mr. Pether is freed.”
Robert Pether depicted alongside his wife and children.
Tánaiste Simon Harris has stated he will discuss Mr. Pether’s case with Iraqi authorities “at the earliest opportunity.”
While in Philadelphia, Mr. Harris asserted that the Government is doing everything possible to aid the Pether family.
“We are keeping Robert’s wife, Desree, and their children in our thoughts,” he remarked.
“In my capacity as Tánaiste and Minister for Foreign Affairs, I will take active steps regarding this matter and plan to confer with Iraqi authorities as swiftly as possible about Robert’s situation,” he added.
The Australian Department of Foreign Affairs and Trade has indicated that it has persistently advocated on behalf of Mr. Pether, engaging with the Iraqi government, including at the highest levels.
Since Mr. Pether’s detention, it has stated that more than 190 representations have been made to Iraqi authorities, with the most recent being by Foreign Affairs Minister Penny Wong during a phone conversation with Iraq’s foreign minister last December.
According to his family, Robert Pether is due back in court at the end of this month.
He faces fresh allegations of money laundering, allegedly linked to his acceptance of a salary from CME Consulting.
The family contends that the charges represent a distorted interpretation of the law.
If convicted, both Mr. Pether and his colleague—Mr. Radwan—could face over ten years in prison.
“There’s five years’ worth of evidence demonstrating their innocence, and should this continue to be overlooked, it will result in an indefinite life sentence.
“Each court appearance feels like a predetermined outcome, regardless of how hard they fight to defend themselves.”
