Schapelle Corby To Be Released?

I have not written on Ms. Corby's case or the "suffering" she is 'enduring' in Kerobokan prison on the holiday paradise island of Bali in my second home of Indonesia. There is no reason for this other than there not being anything newsworthy or of note to write about until now.

The latest news is a push seemingly by Corby's Indonesian lawyer, Iskandar Nawing, presumably on the insistence of the Corby family. The reality is that the Indonesian president, Susilo Bambang Yudhoyono or SBY to his mates, has had the clemency appeal since July 2010 and has yet to act on it. I suppose I could speculate as to why that is, but I won't for now. I will wait and see what comments, if any, get made to this post.

There has been no official statement from the Indonesian Supreme Court, at least as far as I recall (note to self: go back and check through files), that says exactly what the Supreme Court recommendation was. But, most pundits believe that the recommendation was for a sentence cut of 10 years on the original 20-year sentence. Under Indonesian law a prisoner becomes eligible for parole after having served 2/3 of their sentence. Corby has been in jail for about 6.5 years and as such she would be getting close to making an application for release.

Parole, like anywhere else, can be complicated by a number of issues. As such the application for release would be assessed against a whole range of criteria including not only the prisoners behaviour during their incarceration, but also what is in the best interest of the prisoner and their state of health.

It would seem that Nawing's push is a clear attempt to get some resolution on the clemency appeal by trying to force SBY's hand. However, it is interesting that no one is talking about why SBY has not signed off on the recommendation.

Have Three Prime Ministers Really Failed Schapelle Corby?

It really is hard not to have a chuckle when stories like this wend their way into the media. Admittedly, Lawyers Weekly is not the most mainstream of media, but it is a publication that shares the concerns and voices of lawyers. So, in that sense, Kerry Smith-Douglas is a lawyer, she does represent the Corby Family in Australia (as far as I can tell), and there are interesting legal issues to be discussed and debated in this case.

Unfortunately, the significant issues that need to be debated here are not whether John Howard, Kevin Rudd, and now Julia Gillard have failed Schapelle Corby. The reality that the talking head that is Kerry Smith-Douglas fails to comprehend is that there are protocols and methods to the madness that constitute international relations that do not include successive Australian Prime Ministers jumping up and down on the spot and shaking their fingers at the democratically elected president of the Republic of Indonesia saying "give us back our girl or else!"

There is nothing funny about Schapelle Corby's case nor the predicament that she finds herself in. Kerobokan Prison is not a great prison to be doing a 20-year stretch in for smuggling drugs into the sovereign state of Indonesia. However, Kerobokan is not the worst prison in Indonesia nor is it the worst prison in Asia. Nevertheless, there are many people who think she has done enough time and it is time that she came home to Australia. Yet, it would be irresponsible to suggest that all Australians are in support of Schapelle Corby's repatriation to Australia, because they are not. There are still significant numbers of people, at least anecdotally, who argue "if you do the crime, you do the time".

This post is not about the technicalities of her conviction. If you want to read those posts then search this blog using the term "Schapelle Corby". Justice in this case was served in Indonesia. The cold hard reality that some refuse to accept is that the alleged crime occurred in Indonesia, Corby was arrested in Indonesia, she was prosecuted in Indonesia and she has been jailed in Indonesia since her conviction. The case was appealed pursuant to Indonesian law and these appeals ultimately failed. The case has be subject to judicial review and this failed to alter the result. The final step in this process is an appeal for clemency, this is pending a decision by the president, Susilo Bambang Yudhoyono (SBY).

It is a little bit weird to now start blaming this outcome on successive Australian Prime Ministers, isn't it? This case went belly-up, it was cactus, it was poisoned way before any of the past three Australian Prime Ministers could have conceivably launched a successful intervention. What remains now is some pretty solid bilateral lobbying and diplomacy. I am sure there will be those out there who want to jump in and argue that being silent has not served their cause well. Maybe this is so, but to be honest, I have not heard silence in this case since the outset. This has been a media circus from day one.

Final point, I am not going to argue that the best solution for Corby is to wait for a prisoner transfer agreement. However, that remains an option. The best bet is some form of humanitarian clemency from the Indonesian president that sees Corby's sentence slashed to time served. The most likely outcome is that she will be released having done at least 10 years of her sentence. Therefore, the clemency appeal will be successful in gaining a reduction in her sentence to about 15 years. Then with continued remissions for good behaviour, Corby will see freedom as early as 2014.

The problem here is not three successive Australian Prime Ministers failing Schapelle Corby, the problem has always been one of bad advice in the critical first few days after arrest.

I hope she is released immediately and returns to Australia as a free woman.

Ho hum...

Schapelle Corby's Sentence to be Reduced?

It has been a while since a Schapelle Corby (photo courtesy of AAP) related post. So, now would seem an appropriate time to make one, particularly considering that there is a very solid likelihood that a large sentence reduction is on the cards. How large remains to be seen, but the Jakarta rumour mill is working overtime, and all indications are that it will be significant.

To be truthful, no one is commenting publicly on this that would be quotable in a verifiable sense. And, stranger things have happened with sentence cuts and other remissions that seemed destined to happen. So, fingers crossed for Ms. Corby and her family that this is something that comes to fruition.

Schapelle Corby lodged a clemency appeal to get herself released on humanitarian grounds. There were fairly solid grounds for the appeal. It is clear that the prison years since 2004 have taken their toll mentally and physically. She is definitely never going to be the same, but one never knows, she might get some semblance of normalcy back to her life on release. The Indonesians have acknowledged her depression and have treated it. The family and other supporters have claimed for a long period of time that Schapelle's mental illness is significantly more serious than 'mere' depression and that she needs to be repatriated to Australia and treated here.

It would seem that the Indonesian Supreme Court has been swayed by the petition and has supposedly recommended to the president, Susilo Bambang Yudhoyono, that a significant sentence reduction be granted. The ultimate decision on clemency petitions rests with the president. However, it is uncommon for the president to go against the recommendation of the Supreme Court in a case like this. Nevertheless, it would seem unlikely that it would be reduced to time served with an immediate release to follow. However, it is worth noting that this is not outside the realm of possibility.

The Indonesians have clearly made their point on the seriousness of drugs and drug smuggling, and an immediate release would be seen as a good will gesture by most. There will still be those that argue she should never have been in Kerobokan in the first place, but that is probably a hypothetical argument for later because what has been done cannot be undone.

And, for these people the continued bashing of Indonesia as a backward barbarian third world nation lacking compassion will go on unabated. It might be worth considering what the priorities are here; seeing Schapelle free or bashing Indonesia, and determining how best to go forward with any media campaign associated with Schapelle Corby's release from prison.

Another possibility is that the original 20-year sentence will be cut in half. And, with expected remissions to be granted in August and December for Indonesian Independence Day and Christmas respectively, it is possible that Corby will be free towards the end of this year or very early next year.

Good luck to her. It would seem that her desire to have a child as a free woman is coming that much closer to becoming a reality.

Back in the Swing -- Another Schapelle Corby Update...

It has been a week of Schapelle Corby (photo courtesy of Bintoro S. Lukman) news. It is probably important for her and her family to keep her name in the news and regularly ensuring that the news is in your face. This strategy has inherent risks as the saturation could surely backfire in that there is still plenty of people who think she is guilty countering an equally large number that think she is innocent.

Personally, I think that she is guilty. The only conspiracy theory that I have entertained and continue to feel has some legs is that it was probably her half-brother who was the smuggler. I do not believe that the failure to fingerprint would prove anything further than the prosecution making an argument that she was smart enough to wipe down the bag before putting it in the boogie board bag. The idea that it was baggage handlers was just never proved.

Should she have been sentenced to 20 years in prison? That is the Indonesian law. It is high time Australians realized that you are not subject to Australian laws when you travel to foreign locales. Simply, if you get caught with drugs in Indonesia you are going to do time, this is particularly so for commercial quantities. Narcotics trafficking are likely to see you executed.

There was an interesting article in today's Sunday Telegraph making the case that it was time for Corby to be released and sent home. The underlying premise being that she would never have had to do 20 years for the same crime in Australia and that he current medical situation warrants it. The idea being that it is better for her to be sent home before she does harm to herself.

I touched on this idea in an earlier post. My take is that prison is not a holiday farm it is supposed to be tough and you are supposed to suffer from the consequences of losing your liberty and freedom to come and go as you please. This undoubtedly depresses people. In Australian prisons these individuals would generally get the necessary medical treatment. In an Indonesian prison Corby has been given the necessary medicines and been left to her own devices, this unfortunately includes not taking her medicines as prescribed.

If Corby does harm herself I am not sure that this is going to be something that harms the broader Indonesian / Australian relationship. It might cause some tension but whether it would be enough to unsettle relations long-term does not seem likely. There are probably bigger challenges to the Indonesian / Australian relationship in the form of Australian Prime Minister, Kevin Rudd (this probably deserves a post of its own -- but is a throw away line for now).

What does the future hold for Corby. The only real legal avenue in Indonesia sans any new evidence is an appeal for clemency from the president. This would require Corby to admit guilt. This is something she has not been prepared to do to date. This is a risky strategy too, as there is no guarantee that an admission of guilt will result in automatic clemency. And, given Indonesia's stance on drugs and drug smuggling it is unlikely that an admission of guilt is likely to sway the president. In any event, in an election cycle such as now and assuming there is no run-off for the presidency, it seems unlikely that any clemency appeal will be entertained until much later in the year.

The only other option on the horizon is a prisoner exchange deal. This deal would allow Australian prisoners sentenced to terms of imprisonment in Indonesia to serve out their time in an Australian prison. Nevertheless, the horizon in this instance is still some way off by the Australian governments admission. Despite news reports to suggest that progress is being made fails to recognize that the deal is far from done.

This is evidenced in a recent statement by the Australian Foreign Minister, Stephen Smith, that the government would be willing to support a clemency request if Corby was to make one. Reading between the lines here would suggest that waiting for a prisoner exchange deal to be put into place is further away than a possible clemency grant.

The saga continues.

Schapelle Corby and Depression...

It has been a while since I found time to update on the Schapelle Corby (photo) saga. It is a saga because the media keeps it in the news and people, like me, are still reading about the comings and goings of an Australian languishing in an Indonesian prison.

Corby is coming up to her fourth year in prison. However, it seems pretty clear that prison is taking its toll on her physically and emotionally and mentally. Corby now has a history of depression. She was hospitalized for it last year and has recently been hospitalized again. It is sad in many ways because if she had committed the same crime in Australia she probably would have received a much shorter prison term. Maybe she might not have been jailed at all.

The rumours are that she is struggling and that she is not taking her medication. This only exacerbates the problems she is suffering from. The results are apparently difficulty in sleeping and generally not looking after herself. Apparently, she is also having real difficulty in communicating with others and there is a general inability to answer questions or stay focused for any length of time. It has been reported that she is taking comfort in a doll.

A hospital stay is just what the doctor ordered. However, it is clearly a case that Corby would be better served with a long-term treatment regime in a psychiatric facility where she can be properly monitored and treated. This, though, seems unlikely. Unfortunately, if the authorities do not come to the party and allow Corby to get specialized and proper treatment then this is going to become a vicious circle of periodic hospital treatments for depression.

That said, prison time has never been designed as a holiday. It is tough and as such people handle it in different ways and some people do not handle it well.

On the legal front, Corby has hired a new lawyer. The lawyer, Iskandar Nawing, has been given a mandate of getting Corby out of jail. Nawing has admitted that there is no new evidence in the case so there is no likelihood that the case will be reopened. On this front it would seem that the 16 years that remain, minus any remissions, will be served.

However, Corby has until now rejected all overtures with respect to seeking clemency from the Indonesian president. A clemency request requires Corby to admit guilt. It would be an interesting call to admit guilt at this stage. It seems very unlikely that the president would be receptive to the idea of granting clemency and releasing Corby. Even if one assumes that the incumbent is re-elected it still seems highly unlikely that he would look favourably on a clemency request.

Indonesia has always taken a hard stance on drugs and drug smuggling. To grant Corby clemency after four years of a twenty year sentence just does not seem likely. Nevertheless, the ongoing serious depression she is suffering, the paranoia, and a psychological report that states she is a danger to herself might be a tick in the column for clemency.

When it is all said and done I think there are more ticks in the rejection of clemency column than there are in the clemency column.

Bali Bombers Appeal Rejected

The latest appeal for the Bali Bombers; Amrozi, Imam Samudra, and Mukhlas, have been rejected. This means that these three gentlemen are one step closer to meeting their maker and finding out whether there really is 72 virgins waiting for them and handsome little waiters to serve all their needs.

The only recourse left now is to seek clemency from the President. It would seem unlikely that the President would entertain such an idea. Yet, then again who knows for sure.

The shenanigans that have gone on here delaying these executions is an embarrassment. The Poso Three whose alleged crimes were committed around the same time as the bombings in Bali have already been executed for killing fewer people and in spite of "evidence" being put forward at the last minute which was claimed to show that they were not the masterminds as alleged. This evidence was summarily dismissed and the three were executed.

It is sad that the Bali Bombers are being afforded opportunities that were not made available to others. It begs the question, are they being treated differently because the law allows them to be or are they being treated differently for some other reason such as they are Muslims in a predominantly Muslim country?

I am anti-death penalty and feel these three terrorists should not be given what they claim to want, martyrdom. On the contrary, they should be afforded the opportunity to rot in prison. From a purely legal standpoint with respect to enforcement of the law. It is time that these men were executed to ensure that the standard remains the same for all.

Judgment Day is edging ever-closer!