NEWS: Indonesian Court Sentences Australian To 20 Years Jail Amidst Death Threats

A court in Bali has convicted Australian, Schapelle Corby age 27, to 20 years jail for drug smuggling. The Australian beauty therapist denied the charges and claims they were planted there. Her denial was strengthened when 15 baggage handlers in Sydney airport were found to be drug running using passengers luggage.







This is a hard call. While Indonesian jurisdiction in this case is self-evident, the international nature of the crime should call for special circumstances. Has the Indonesian court been given all the evidence in the Sydney drug running case? Was there anything except circumstancial evidence against Corby? Fingerprints on the drugs?

Im not clued up on Indonesian law but the Sydney drug running case is more than enough to cause reasonable doubt here.

The reaction in Australia will be violent. The death threats sent to Indonesian embassies around the country are serious.

The legal wrangling will continue with the Prime Minister personally trying to get Corby back to Australia.

[edit on 27/5/05 by subz]

I am disgraced that they were so lenient. She should of got the firing squad and not such preferential treatment.

Australians express outrage at Corby verdict.

Australians have reacted with a mixture of disbelief and condemnation to the conviction and 20 year jail sentence handed to Schapelle Corby for drug smuggling.

Protesters have also gathered outside the Indonesian Embassy in Canberra to express support for Corby.

In the hours after the verdict was handed down, the overwhelming majority of talkback callers on radio were furious, suggesting there had been a serious miscarriage of justice.

"The decision is absolutely unfair. She was not given a fair trial," one caller to ABC Radio said.

"I don't believe there was enough evidence to convict, and I think a 20-year prison term for somebody who could very easily be innocent is just so far over the top that would offend most Australians," another caller said.

abc.net.au

There are many sub-links and audio/video and more at the above link.

Sanc'.

im not sure what you mean by international nature of the crime. would you mind elaborating? The reason that the Sydney drug running case's evidence wasn't submitted is because 1) there is still an investigation going on with the case 2) the cases have almost no other similarities. Although i understand the baggage handlers claim to the case, Corby's only defense in her particular case pertaining to the baggage handlers was from a prisoner from here that testified after being sent to bali on request from the Corby defense. From what i know, there was no testing done. And there was really nothing but cirumstantial evidence for her defense. I doubt the reaction here will be violent, and ive heard about the threats to the embassy here. The government is negotiating for a prisoner transfer program, but ive heard speculation that it wouldn't occur until after the appeals process, and even then she might have to spend a large majority of her sentence in Indonesia.

drfunk
I really hope you were kidding...
otherwise,
you one sick puppy

This is a travesty... there was no way that she would get a fair trial... (being a foreigner)
evidence means little in indonesia, where guilt is often assumed regarding drug cases and foreign "smugglers"...
they are like a christian fundamentalist or muslim fundamentalist version of law... there is no understanding, or sympathy... or in this case empathy...

if the court would even think for one minute... instead of jumping the prejudgment bandwagon, they would see the obvious...

no one in there right mind would ever attempt to enter indonesia with any drugs... the consequinces would never equal the payoff...
I am sure that any drugs that are there are either snuck in without a connection to the smugglers (via muleing luggage, as in this case) , or grown in country...

a movie came out not long ago, that focused on the extremist drug laws in indonesia... and the lacking of any mercy to foreigners (actually more strict with foreigners) due to wanting to set an example...


[edit on 27-5-2005 by LazarusTheLong]

The overwhelming feeling is Corby is the unwitting patsy for a flawed drug trafficking operation orchestrated by baggage handlers. It came unstuck when someone failed to retrieve her bag after the drugs were added.

That particular defence strategy appeared to be strengthened by this week's busting of a coc aine ring at Sydney Airport.

Or perhaps, Corby is at the core of something altogether more sinister.

One chat room participant expounded a popular conspiracy: "Someone planted the drugs on her for political reasons to see her hang -- Islamic terrorists bent on destroying Aussies for Iraq or whatever

There is an unshakeable belief that no Australian could be as stupid as to loosely pack a brick of dope into an easily opened bag and try to sneak it into a country which openly warns visitors that possession of any substantial amount of drugs will mean death.

nzherald.co.nz

Sanc'.

Although the political planting could be a far-fetched possibility, the majority of balianese are hindu i believe, and if they just wanted to see someone hang and were on the inside, they could have just waited for the Australian Federal Police to help them finish with the bali nine case, because they will more likely than not get the death penalty.

If marijuana were decriminilized for personal use worldwide, it would totally bring down many organized criminal enterprises. It would instantly put them out of business. BILLIONS of dollars a year would instantly be deprived to criminals. National economies would rise because billions of people would have more money to spend on everything else. Who knows maybe a gangster or two would even decide to legitimize. The DEA could be used to stop Terrorists instead of stopping a harmless plant who has never harmed anyone. You think your neighbor does not smoke pot? He does, but is hiding it because he thinks you will believe him a criminal degenerate if you knew about it. I have smoked pot with police chiefs, patrolmen, doctors, psychiatrists, dj's, dentists, small business(legitimate) owners, numerous school teachers and administrators, and lots of musicians. I believe if all the pot smokers would just stand up to the non smokers that we could have them OUTNUMBERED. POT SMOKERS ARE TOO AFRAID TO STAND UP AND BE COUNTED EVEN THOUGH THEY ARE IN THE MAJORITY.

The international aspect means that potential proof that could exhonarate her should be admitted. But it hasnt.

The pure circumstantial evidence against her shouldnt overide the fact that her bag passed, unlocked, through the very airports these baggage handling drug runners worked at. That, in and of itself, should neutralize any circumstantial evidenced and only incrimating evidence such as eye-witnesses, finger prints, bank accounts and admissions shoud be admissable.

If she was standing trial for this in an Australian court she would of been let off for that very reason.

The reaction in Australia will be violent. The death threats sent to Indonesian embassies around the country are serious.

[edit on 27/5/05 by subz]

Australia has no right to interfere in this matter since it is indonesian jurisdiction. any acts of violence or attempts to do so should be considered violations of international law.

She is an Australian citizen and her government is entitled to a say in what happens to her.

I never said I condone the death threats either. Merely stated they occured and that it was my opinion something will come of it. Look at her, she is a young and attractive epitome of an Australian woman. The sympathy for her will be astronomical and some unstable Australians will not take kindly to her rotting away in a Balinese jail.

Especially given the very real trauma the country is still feeling after the Bali bombing in which so many Australians died. Now they see these same people locking up a potentially innocent Australian woman.

The conditions are perfect for an extremist response by some Australian.

I agree the sentence is harsh. Unless australia and indonesia can come to an agreement by LEGAL MEANS that do not violate international law she will probably rot.

She will not be in jail long. Somebody in Australia or New Zealand with the right connections is surely planning a mercenary invasion as we speak to free the hostage. Those Austalians will not take this lying down like others would.

xphilesphan is right

Though I don't like it.

I don't know whether the defendant knowingly committed the crime.

I'm sure there are thousands of issues where country A disputes the sentence imposed by country B on a citizen of A. I'm also sure that in many instances the sentences are unjustified and the charges fraudulent.

If she's innocent, I'd applaud Australian efforts (even military) to free her.

If she's guilty, then Australians have to accept the verdict, and be thankful they live within borders with more enlightened laws.

GOD BLESS 'EM

Just to clarify. I do hope they do something. Gotta protect the women folk. Thank you for the subject line subz

There won't be any military action taken. And if there is any extremist action by Australians, it will be fleeting and isolated incidents. Any major actions taken will be through diplomatic and legal channels. I'm pretty sure this is not the first time an Aussie has been convicted and imprisoned or sentenced to death in Indonesia in a case with flimsy evidence. I remember seeing a few "based on a true story" movies about similar cases when I was young.

Speaking from the heart rather than the brain, you can tell that she is innocent just by reading her emotions and body language - nobody is that good an actor. I'll pray for her release.

[edit on 2005/5/27 by wecomeinpeace]

Youre welcome.

I think those involved in the Sydney drugsmuggling ring are in for a VERY hard time. If none of them admit to planting the drugs im sure an enticement from the prosecution to do so will be forthcoming.

If one of them sings and claims that they, or some one they saw, planted the drugs in her bag they would almost be hailed as heros in Australia. But would the Indonesians repeal the guilty verdict on the testimony of a convicted drug runner? Maybe with the right amount of pressure from Mr. Howard and the chances of Australia signing a non-agression pact with ASEAN in the balance - I would say YES

Indonesia does have strict drug laws. Expecting them to be lenient on foreigners would be hypocrisy. I don't think that Australian govt. would have formulated special laws if an Indonesia had been caught for drug trafficking in Sydney.

However, if she got a fair trial is a different question.

On a side note: I try to lock my luggage while traveling Internationally. Some airports allow you to lock the luggage after scanning. I know they can break the locks anytime they want, but it does deter the baggage handlers from randomly opening my bag and putting something in it.

Originally posted by groingrinder
If marijuana were decriminilized for personal use worldwide, it would totally bring down many organized criminal enterprises. It would instantly put them out of business.

Those who oppose legalization are either being mislead by the witch hunt demonization of cannabis propaganda, or they themselves have personal interests in keeping it illegal. Sad but true. Hopefully people will wake up soon and not 20-30 years from now. It WILL be legalized eventually, for most parts of the world anyway. The question is WHEN. While we wait for this to happen there will be many victims of this stupid and meaningless war against this "drug". And we will have to live with the side effects of that war too. The side effects so many people apparently refuse to see...

i can understand subz where your coming from with the evidence with the baggage, im not sure if it so true that just because drugs on her went through a place where drug traffickers operate would get her off here. She would still have to find a link for the drug traffickers to her, and that link is Ford.

(from article below)

quote:

Trying to prove her claim that a baggage handler in Australia put the marijuana in her luggage has been almost impossible for Corby, although the court can hardly be blamed for that. It allowed Victorian prisoner John Patrick Ford to travel from Australia to give evidence about a conversation he had overheard suggesting a baggage handler he would not identify had placed the marijuana in Corby's luggage. In Australia, such hearsay evidence would never have made it to court, but the Indonesian judges agreed to hear it.









about your comment on her being tried in australia there was an article i read that you may find interesting

From: www.theage.com.au...

The director of the Asian Law Centre in Melbourne, Dr Tim Lindsey, says Australians need to understand that Indonesia uses the European civil law system, in which judges routinely quiz defendants in a way that never happens in the version of the British common law system used in Australia. While the system is different to Australia's, "the outcomes of trials are not so radically different".

He says a widespread misconception about the Indonesian legal system is that it presumes a defendant is guilty until he or she proves they are innocent. "This is completely false," he says. "There are three separate pieces of legislation that state precisely the opposite."

Dr Lindsey says that, as in Australia, the burden of proof is on the prosecution to establish a prima facie case, which means that at first sight, or on the basic facts, there is a case. Once that is established, the defence must prove its case to defeat the charges.


I completely agree with the idea that there was some sloppy work on the Indonesian part, but the australian government would look and does look very inconsistent when it picks and chooses who it wants to defend. As i've mentioned b4 why not the outrage with Habib who was in detention for 2 years without charge and released without charge, and got treated like dirt once he came back. Or the Australians in maylasia and singapore that are currently on death row. And speaking of the bali boming the cheif judge was on the bench for one of the bombers and the prosecutor was also the prosecutor in the bali trial. And noone where i am are up in arms, there are much more pressing matters here than the Corby case that australians should be upset about