Balibo -- The Film -- Banned in Indonesia...

The decision of the Indonesian Film Censorship Board (Lembaga Sensor Film / LSF) to ban the screening of the film Balibo is hardly one for the surprising column. It pretty much was expected, and even more so when the Jakarta Foreign Correspondents Club and the Jakarta International Film Festival (JIFF) both indicated that they were going to screen the film. It certainly was a case of upping the ante.

Well, the LSF responded as expected and banned the film because of the political nature of it, and probably because the film conveys a position that the Indonesian government considers to be lies, a complete fabrication, and a distortion of the truth in the extreme. All of those things mean essentially the same, but they needed repeating in slightly different forms to highlight how seriously the Indonesian government would have been working the LSF to ensure that a ban was forthcoming.

The simple reality here is that the Indonesian position is that the five journalists, who became known as the Balibo Five, were killed in crossfire between Indonesian and Fretilin troops. Whereas, in stark contrast to the official Indonesian position, the film depicts the five being murdered by Indonesian troops under the immediate command of Captain Yunus Yosfiah who went on to reach the rank of general, become a minister, and serve time as a parliamentarian.

These actions were found by the Coroner's Court in NSW to be tantamount to war crimes and worthy of further investigation, and ultimately prosecution.

The Australian Federal Police are committed to completing a war crimes investigation into the deaths of the Balibo Five. So, bilateral tension seems certain to escalate over this matter at some point in the future.

A final point on the issue of censorship. I think the majority of Indonesians are ready enough to cast a critical eye over the film and make judgments as to the content. The idea that the LSF is banning this film because Indonesians are not mature enough to watch and determine for themselves the validity of this film is an insult to all Indonesians.

Oh well.

(Photo from here)

A Test Of The Australian and Indonesian Relationship...

The latest development in the Balibo Five case is sure to be a tester of the relationship between Australia and Indonesia. The latest development is that the Australian Federal Police (AFP) have decided to launch a war crimes investigation into the events surrounding the deaths of five journalists in the East Timorese township of Balibo. To be fair the enquiry must also include the execution of Roger East as well who was ultimately captured and executed on the foreshore of Dili.

It goes without saying that when the investigation became public knowledge that the Indonesian Department of Foreign Affairs did not respond positively. The Indonesians have considered this case a closed one pretty much from the time it happened. The response went along the lines of case closed and we will not be cooperating in any investigation.

Nevertheless, the AFP were between a rock and a hard place considering the findings of the 2007 NSW Coronial Inquest into the deaths which in essence concluded that there was a case to answer, at least for Yunus Yosfiah, and referred the matter to the AFP for investigation.

For Indonesia, and for many in Australia as well, the idea of letting bygones be bygones and focusing on developing a mutually beneficial relationship going forward is more important. Bygones can never truly be bygones until there is at least a sense that justice has prevailed. The Balibo Five and Roger East have not had any justice and neither have their families. In the end justice might in fact reveal that the Balibo Five were the unfortunate victims of an incident where they were caught in the crossfire between Indonesian and Fretilin troops. If that is the case, then so be it. However, if it turns out that the Balibo Five were the victims of an execution that was aimed at preventing them from getting the story of Indonesia's invasion of East Timor out to the world, then justice would entail that the perpetrators of the execution who remain alive must be brought to trial.

For me, there is no reason why a mature bilateral relationship between Australia and Indonesia cannot survive this investigation. The idea that the era of Soeharto has passed, which would seem pretty obvious now the man is dead, and that Indonesia is a different place to what it was in 1975, albeit true, does not hold water when it comes to justice. What happened in East Timor and the Balibo Five needs to be known, just because Soeharto is dead and Indonesia is a different place does not mean that the truth of these events should be swept under the carpet. The tribunals in Cambodia are testament to the need for justice to be given a chance.

In many ways there are arguments beyond just the Balibo Five that what occurred in East Timor, the now independent Timor Leste, were crimes of such a magnitude that an international tribunal is warranted. There are arguments to be made for genocide, crimes against humanity, and war crimes, Even though the genocide of the East Timorese might be debatable and may not be on the scale of the holocaust of the Jews during the second world war, a genocide is a genocide on whatever scale.

The allegations must be pursued until the truth is determined.

I will undoubtedly write on this subject again as it contains all the issues that are important to me both personally and professionally; Australia, Indonesia, and the pursuit of justice.

Manohara Odelia Pinot -- Part IV -- The Medical

AFP is reporting that Manohara has undergone a medical examination and the doctor / forensic expert, Mun'im Idries, has found slash marks all over her body. Some of the slash marks are reportedly still fresh (I am guessing this means they are not fully healed).

The doctor added that the urine and blood work has not been finalized. The urine and blood work results are needed as a part of the claim made by Manohara was that she was injected with unknown substances. Although, the doctor did say that an injection mark was found on her back. The injection claims are interesting. Manohara alleges that the prince, Tengku temenggong Mohammad Fakhry of Kelantan State, injected her with something that incapacitated her and the injections were given before sexual intercourse was initiated.

The medical reports, as noted in previous parts of this series of posts, are key to proving that there was harm done to her. It still has to be proved that these wounds and other injuries that Manohara has sustained were the result of the actions of the prince or others acting on the prince's orders.

The AFP report is not saying anything about tests related to the rape in marriage allegations. I would have figured in light of the alleged sexual appetite of the prince that a rape kit might have been worthwhile in order to document any injuries. Then again, these might have been done but are not being reported.

It seems that Farhat Abbas, a (in)famous Jakartan lawyer, has taken up her cause. According to Farhat, the medical confirms Manohara's story. I am not so sure that it proves anything other than the fact that Manohara has sustained injuries and suffered trauma. For my mind the allegations still have to be tested in a court of law. In the court of public opinion, perhaps, Farhat is right in his assumption. Furthermore, Farhat has said that Manohara has lodged an official written report with the Indonesian police. This report names not only the prince, but a number of others as well.

What is interesting now is how the case proceeds. The alleged abuse, the accused, and perhaps the majority of the witnesses are located in Malaysia. The ability of the Indonesian police to investigate and prosecute this case seems difficult and remote in all likelihood. The Indonesian police have admitted as much. Abubakar Nataprawira, the National Police Force spokesperson, noted that the police have received the report and will be forwarding it to their Malaysian counterparts for further action.

The plot thickens. I am sure their will be a Manohara Odelia Pinot -- Part V.

Interpol, Drug Trafficking Networks, and the Bali Nine

The Bali Nine case has taken an interesting turn. However, this turn, no matter how interesting, is not going to impact on the sentences already handed down on the Bali Nine. The alleged drug trafficking network, which has seen Interpol team up with the Australian Federal Police (AFP) and the United States Drug Enforcement Agency to investigate the drug trade in Surabaya as this is the supposed entry point for heroin and other illicit drugs.

This is interesting because the AFP should have known about this considering they claimed to have broken a major drug trafficking ring at the time they gave up the Bali Nine to the Indonesian Police.

The cooperation will obviously include the Indonesian Police and more specifically the narcotics division. It seems though that this is a new development as it is being discussed as a recent discovery.

Strangely enough with the number of local drug busts and the increasing size of these busts it is hardly surprising that there is now a belief that major cartels and international drug organizations operate in an through the Republic of Indonesia. I guess the death penalty is not the deterrent that some claim it to be.

Alleged Australian Sex Offender Arrested in Bali

Paul Francis Callahan fled Australia in 2003 headed for Bali after allegations surfaced that he had committed sex offences in Canberra.

Australian authorities learned of Callahan's whereabouts and placed a request with Indonesian Police to arrest him. The Indonesian Police granted the request and Callahan was arrested last Saturday in Kuta.

Callahan is currently in custody and awaiting an extradition hearing at the Denpasar District Court. By all accounts the hearing should be a mere formality.

Callahan on arrival in Bali has opened a surf gear business, married a local woman, and has a child with her. Strangely, this part of the tale sounds all too ordinary and is perhaps a case of evil living among us and we do not even know it!

Schapelle Corby -- A New Investigation?

The latest series of allegations to be doing the rounds suggests that perhaps a further investigation is warranted. Mercedes Corby and the extended Corby family seem to be demanding a further investigation, simply as a means of clearing her family's name, once and for all.

This is in spite of Queensland Police saying that they are not doing one as there is insufficient evidence, at least for now, to warrant one. The Australian Federal Police (AFP) on the other hand are making no comment, make of that what you will.

There were some inherent problems in the court case that led to Schapelle Corby's original conviction. These problems relate to matters such as the testing of the actual drugs and whether or not their exact origin could have been determined through laboratory testing. The other major problem was finger print analysis of the bag in which the drugs were contained. To this end finger print evidence might only show that Schapelle Corby did not handle the sealed plastic bag that contained the drugs. In this case no finger prints is hardly evidence of innocence as the wearing of gloves would rule out the presence of fingerprints.

Nevertheless, as I have written previously, where there is this much smoke there is an increased likelihood of discovering fire. The question is whether or not a further investigation and the expenses involved are warranted. Malcolm McCauley, the man behind the latest allegations, has just been released from prison and Michael Corby Sr is dead, so unless McCauley is going to divulge all of the players involved in this little drug trafficking scheme, then the value of any investigation seems to be limited.

There are also issues of whether an investigation will clear the Corby's names of any involvement or only muddy the waters even further and even if the investigation turns up nothing and seemingly clears the Corby's of the McCauley allegations, how and what would the impact be on Schapelle Corby's situation as a convicted drug trafficker sitting in an Indonesian prison on the resort island of Bali?

This is a sad tale for the Corby family for sure but it is riveting reading for many others, me included! Although I am more interested in the legal angles and the avenues of review if and when certain things come to light.

As always, the saga continues.

Australians, Vietnam, and Drugs -- A Deadly Mix!

I like to think my fellow Australians are smart but sometimes I have to wonder! It seems that every other week I am reading about an Australian somewhere in the world being arrested for drug related offences or trafficking. A lot of these places look a lot more harshly on drug offences than does the Australian legal system.

However, the issue for me here is the Australian Federal Police's involvement in providing intelligence to States were the death penalty applies and then allowing Australian citizens to be arrested in States where they might be subject to the ultimate penalty. If you break the law you should be punished. Therefore, this is not an issue of law and order but rather a personal opinion and concern about the severity of the punishment. Furthermore, it bothers me that the Australian Federal Police are playing a role in the killing of young Australians overseas.

I am ready for any flak on this issue and the position I have adopted. I am unashamedly anti-death penalty and even more vehemently opposed to it where a similar offence in Australia would attract the legal equivalent of a slap on the wrist.

This aside, my point is, if you know that you are putting yourself in the position where the ultimate penalty may be applied can you blame anyone else but yourself for your own stupidity? This should not be construed as the ramblings of a conflicted soul, as I am not conflicted!

Anyways, a couple of Australian women, Trang Bich Hong and Lam Mong Chinh were detained in Ho Chi Minh City (Saigon) after heroin (photo and with the chemical formula C21H23NO5) was found in their hotel room. Another unidentified woman was arrested at the airport carrying 250 grams of heroin. It seems that the AFP had been monitoring the three and tipped off their Vietnamese counterparts of the three women's role in a drug trafficking operation. I think that the AFP must be prevented from sharing any intelligence with States that impose the death penalty. If the AFP knows of a trafficking operation then they should take it down once it arrives in Australia, at least as far as Australian citizens are concerned.

After intense lobbying by the Australian government the Vietnamese government has not executed any Australians for drug trafficking despite a growing list of convictions. Nevertheless, Vietnam has some of the toughest drug laws in the world. Just 600 grams of heroin can see you sentenced to death.

My question is when will Australians learn that, sooner or later, if you continue to play with fire you will get burned?