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Showing posts with label Drug Trafficking. Show all posts
Showing posts with label Drug Trafficking. Show all posts
12 April 2011
Martin Stephens, Kerobokan And A Wedding...
A life sentence for drug smuggling should not be a hindrance to true love and I guess this is the case for Martin Stephens of Bali Nine fame (or is that infamy?). Stephens has decided that now that all his appeals have been exhausted for his sentence to be reduced to a set term that it is a good time to get married. The reality for Stephens and his new bride, Christine Winarni Puspayanti, is that unless the current president or a future president of the Republic of Indonesia sees fit to commute his sentence to a fixed term then Stephens is not likely to see the outside of Kerobokan prison.
Stephens and his new bride are optimistic that freedom awaits Stephens at some point in the future. The Chief Warden of Kerobokan, Siswanto, allowed the wedding to go ahead because Stephens has been a well-behaved, or model, prisoner. Siswanto was in such a good mood that he allowed one of the cells to be converted into a honeymoon suite in which the prisoner and his new bride were permitted to partake in a conjugal visit.
True love seemingly cannot be thwarted on any count. So, to Stephens and Puspayanti, good luck! May your marriage be a long and fruitful one.
11 January 2011
Schapelle Corby and 12,000 Indonesians?
VIVAnews is reporting that the Australian Attorney General has made an offer to the Indonesian Attorney General that is essence goes along these lines:
"There are 12,000 Indonesians in Australian prisons with an average sentence of five years, we will trade those 12,000 for Schapelle Corby". At least this is the understanding of Babul Khoir Harahap, the Head of the Information Center at the Office of the Attorney General in Jakarta.
According to Harahap, the Attorney General of Indonesia has agreed. The matter has now been sent to the Minister for Law and Human Rights, Patrialis Akbar, for approval. My guess is that with a clemency appeal pending that this will also cross the desk of the President, SBY.
This offer apparently was provided by Roger Wilkis of the Attorney General's Department in Australia to the Attorney General of Indonesia, Basrief Arief. Australia's Ambassador, Greg Moriarty was also in attendance at this meeting of the minds.
Corby has received 17 months worth of remissions to date and this program of remissions is likely to accelerate as she serves more of her sentence. Nevertheless, the prospect of a "swap agreement" and immediate freedom must be a positive development for Corby in her current fragile mental state.
Then again, this story could be a beat-up or a complete misrepresentation of the discussions held and any offer made. It seems outrageous that the Australian government is going to swap 12,000 Indonesians convicted of crimes in Australia for one Australian convicted of a drug-possession crime in Indonesia. This must surely weaken Australia's bargaining position for other Australian prisoners doing time in Indonesian jails. What is Australia going to offer up for the release of members of the Bali Nine or more importantly to get those Bali Nine members on death row, off of death row?
I am not against the idea, in principle of a swap, but there needs to be a whole lot more information on what the swap entails. The response from the Australian public is not necessarily going to be favourable. There are plenty of Australians who think that Schapelle Corby has done enough time for the crime she was convicted of. However, they might not be so certain that she is worth 12,000 Indonesians in order to secure that early freedom.
This is certainly an interesting development if it pans out to be true.
07 January 2011
Schapelle Corby Gets Another 45 Days in Remissions...
The Indonesian way of administering a prison sentence in many respects provides an outcome that ends up seeing a convicted person serving about the same length of time in prison as they would in Australia.
The Australian system usually involves the imposition of a "head sentence" and then a non-parole period. For example, a person convicted of a drug crime might be sentenced to 20 years in prison with a non-parole period of 12 years. After 12 years the convicted person can begin to apply for parole. Assuming that the person has been of good behaviour and are ready to be re-integrated back into the community, they will be paroled.
In the Indonesian context a person is sentenced to a period of imprisonment and then there is a system of remissions that may see a 20-year drug sentence reduced with remissions to a period of 12 years. A remission is generally granted for good behaviour and showing signs of remorse for one's conduct that lead to the prison sentence being imposed. In most cases a convicted person will serve about two-thirds of their original sentence. In some cases a convicted person may even serve less time than that.
Remissions in Indonesia are generally granted for Indonesian Independence Day and for the religious holiday of the relevant prisoner. A prisoner of Islamic faith may get two remissions a year; one on Independence Day and one at Idul Fitri (Eid ul-Fitr). For prisoners of the Christian faith a remission may be granted on Independence Day and on Christmas Day.
Schapelle Corby has just been granted a 45-day remission on her sentence. Corby has received remissions to date that now total 18.5 months.
Corby has a clemency appeal currently being considered by the President, Susilo Bambang Yudhoyono (SBY). The Supreme Court of Indonesia was tasked with making a recommendation to the president. If the Supreme Court recommends quashing the conviction or a reduction in the sentence, then the president then decides as to whether they will endorse the Supreme Court recommendation and grant the clemency appeal or refuse to sign-off on the Supreme Court recommendation. It has been reported that the Supreme Court recommended a significant cut in Corby's sentence. Although, the Supreme Court has not officially confirmed or denied the reports.
What does this mean for Schapelle Corby? Assuming the president rejects the clemency appeal, which is being made on humanitarian grounds relating to Corby's mental illness, then it would still be likely that Corby would serve approximately four more years and then be released. However, if the president was to affirm the Supreme Court recommendation which allegedly includes a sentence reduction then Corby may in fact be released and returned to Australia sooner than that. One might need to be a psychic to predict an exact date, but generally there is an expectation that Corby will not serve two-thirds of her sentence.
Irrespective of her guilt or innocence at this stage, Corby has done more than enough time for the crime she was convicted of. Personally, I would not be outraged if the Indonesian authorities decided that she has done plenty of time, she has suffered in prison, she has been suitably punished for the crime for which she was convicted, and that there is no longer any need to keep her in prison. Yet, many wonder whether Corby's steadfast belief in her innocence and the subsequent belief that she has nothing to show remorse for is providing Indonesian authorities with the necessary reason to ensure she serves the complete sentence in an Indonesian prison.
In the end, a 45-day remission is 45 days that she does not have to serve in Kerobokan.
29 November 2010
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...
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...
28 October 2010
Schapelle Corby Still Doing Time...
It has been a long time since I posted something on the plight of Ms. Corby. It is not that I do not care, but rather there is a process and a course that matters like hers take. I really did not see the point in writing a post as there are more than enough people enlisted into the cause of keeping her name front and centre in newspapers and magazines around Australia.
Yet, a recent comment to an earlier Corby-related post that suggested that I was "toxic" for commenting on her case has inspired me to write a post. So, Anonymous, whoever you are, thank you! Hopefully, this post ruffles a few feathers and sees me called all manner of things. I must say to Anonymous...toxic is a little lame.
It would be hard to find an Australian who was not at least aware of the name Corby. Whether they care about that name is a different issue. Recent surveys would suggest that people reckon she has been punished enough. Then there are a sizable chunk of the population who really do not care one way or the other. Such is life!
The case is in the clemency appeal phase. This means that all ordinary avenues of legal recourse have been exhausted. What is left is an appeal to the president. The president has the authority to grant the clemency appeal or deny it. The president is on the record, consistently, stating that he will not view clemency appeals from drug convicts favourably.
The Corby clemency appeal is premised on humanitarian grounds. To all you lay people out there; she's crazy. In fact, there is little dispute that Corby has suffered mentally while incarcerated. In fact, there is little dispute that she is suffering from depression. If you are to believe the eminent shrink Dr. Jonathon Philips then she is suffering psychotic depression and it is only a matter of time before she successfully pulls the plug on her existence in Kerobokan. In contrast, if you belief the somewhat less recognised doctors treating her on a daily basis, then Corby suffers from treatable depression and she will live. The fact that she is alive is testament to the fact that her mental illness is treatable.
The Indonesian Supreme Court has recommended a significant sentence reduction to the president. It has been suggested that this reduction might even be as large as time served. This would mean if the president was to agree then Corby would be out of Kerobokan before the ink dried on the paperwork. It must be noted that the clemency appeal is not for a pardon. Corby will remain a convicted drug smuggler. The reality, despite those arguing to the contrary, is that the Indonesian way on pardons is that the convicted person needs to admit guilt and show some remorse.
Corby has steadfastly maintained her innocence, and the clemency appeal is sensible in avoiding any request for a pardon. It is important that people understand this critical difference if they are to get their collective heads around what might happen next.
Generally, a Supreme Court recommendation would be confirmed as a matter of course. But, this is no ordinary case. The importance of this case is that the presidential team responsible for assessing the clemency appeal have demanded a report from the Head of Kerobokan. This report was less than flattering. It suggested to all intents and purposes that Corby was not a model prisoner, her family was bothersome, and she was purposefully exaggerating the seriousness of her illness.
This sort of balances out the favourable views of the Supreme Court. Nevertheless, the plot thickens because the Indonesian Ministry of Foreign Affairs, and the Minister, Marty Natalegawa, have allegedly weighed in with a suggestion that a favourable clemency appeal decision would be beneficial to the overall Indonesian-Australian bilateral relationship. A more accurate description would be the Ministry drafted a report that would argue that an early release would be viewed favourably in Australia by ordinary Australians. The report would have been pragmatic to the n-th degree.
The likely outcome is that Corby will have her sentence reduced. It will be reduced to a point where she would have already served 2/3 of her sentence. In the Indonesian justice system, where a person has served 2/3 of their sentence they become eligible for parole / release. In the event that Corby's sentence is reduced to the 2/3 limit she might be released on the grounds that she be placed in an Indonesian psychiatric facility for a period of six months and then released / deported back to Australia.
Then again, the president, SBY, could just say "bugger that for a joke! The girl tried to smuggle 4.2kgs of wacky weed into Indonesia. Nah, she can do her time!"
The safe ground for the president is somewhere in between these two positions.
I hope she is released. I hope she gets back to Australia real soon. And, I hope that she takes the time to step out of the public eye and take the time she needs to recover from her ordeal as best she can. Life will never be the same for Corby. She cannot get the years in Kerobokan back. The smart choice would be not to cultivate the celebrity. Maybe she should look to David Hicks as an example. Get on with your life, and then at some point in the future put pen to paper and share your thoughts with those that want to know.
I wonder how many people I have annoyed with this post?
Image from here.
25 January 2010
Prisoner Transfer Agreements -- Australia and Indonesia...

The purpose of a Prisoner Transfer Agreement (PTA) is to allow foreign nationals incarcerated overseas to serve out the remaining portion of their sentence in their home countries. A PTA between Australia and Indonesia is something that has been in the pipeline for a while. If you are an Australian or an Indonesian incarcerated in a foreign prison, then that pipeline has been very long to date, and would seem to be a little longer still before there is any light at the end of this pipeline.
The Minister of Foreign Affairs, Marty Natalegawa, has admitted as much. Natalegawa is a talented young diplomat who in a rapidly rising career leading to his appointment as FM held key ambassadorial posts in the UK and at the UN. He is a very intelligent man who is economical in his choice of words and rarely misspeaks. So, when he speaks it is probably worth paying attention to.
So, when Natalegawa said to the Australian Associated Press (AAP) that the negotiations for a PTA had not stalled, but rather taking time as a consequence of Indonesia being new to the PTA game, then that is where the game is at. The PTA will impact on the lives of those prisoners who have not been sentenced to death in an Indonesian court. Unfortunately, for those Australians on death row there is zero chance of them being repatriated to Australia to serve out the remainder of their respective sentences and executed.
However, a PTA will potentially permit the likes of Schapelle Corby and Renae Lawrence to be returned to Australia to serve out the remainder of their custodial sentences in an Australian prison.
The devil is in the detail of a PTA. And, this is where negotiations have slowed to a trickle in the very long pipeline that Natalegawa has alluded to. For example, Indonesia has taken a very strong public international stance on drugs and drug smuggling. Therefore, there are quarters within the Indonesian community that are reluctant to include drug smugglers on the list of prisoners who can be returned under a PTA. There is a fear that Australia does not deal with drugs as harshly as they do in Indonesia. And, they are right, we do not execute people period. That fear is that Corby and Lawrence would be returned to Australia under a PTA and then released shortly after their return.
The details are likely to include specific conditions on how much time is to be served in Australia prior to a release. The difficulty here is that Indonesia works on a remission system where prisoners sentences are cut each year, sometimes twice a year, on religious / national holidays for good behaviour. In contrast, the Australian system works on a head sentence and a non-parole period. Ultimately, the same amount of time will conceivably be served under both situations but these are the sorts of details that need to be hammered out before an agreement can be reached.
Another critical issue still to be agreed is how much time prisoners will be required to serve before becoming eligible for a PTA return to their home country. There have been suggestions that Australians serving time in Indonesian jails will have to do almost 3/4 of their sentence before becoming eligible. However, this is unlikely, assuming those on the Australian side of the debate are knowledgeable and well-informed on the Indonesian system. A person convicted in Indonesia is likely to only do 3/4 of their original sentence, and in all likelihood less than 3/4, with remissions for good behaviour and the like.
The classic example here is none other than the son of the former president (dictator), Tommy Soeharto. Tommy was convicted of a little graft and then the subsequent premeditated murder for hire of a Supreme Court justice. The man ended up doing about 2/3 of his original sentence.
So, in that regard a PTA might not make a lot make a lot of sense for most Australians incarcerated in Indonesia. It is also unlikely that the 3/4 of the sentence demand will be met.
It would seem that a PTA will become a reality in the future, but how far into the future remains to be seen.
23 December 2009
Schapelle Corby -- Depressed and Desperate?

It has been a while since I last wrote a Schapelle Corby related post. There has been no reason for this, other than not being bothered. I am planning on writing a couple (I might do them all in a row now that I am onto it). This particular post was inspired by some email I received asking me what I thought about her deteriorating mental state and whether she should be repatriated to Australia for treatment. It was also inspired by the above recent New Idea cover.
The picture, as they say, tells a thousand words. So, I won't bore you with a thousand more analyzing, but rather, I will just bore you with a few observations.
1. Why is it that New Idea has an exclusive deal with new tidbits of Schapelle Corby related information? Is there a media deal in place? Is Schapelle profiting from this exclusive deal?
2. How does this exclusive deal advance the campaign to bring Schapelle Corby home?
3. A recent report from Dr. Jonathon Phillips stated that Schapelle Corby was severely depressed, harming herself (allegedly cutting herself with a piece of glass), had regressed into a child like state, and who is not likely to survive prison. However, this picture (above) does not paint that scenario, of a desperate and depressed woman, does it?
4. In contrast, her regular doctor, Dr. Thong, has argued that Schapelle Corby is depressed and anxious. But, with medication that is taken as it is prescribed to be, Schapelle Corby can function normally and within the parameters of what is expected of a person in her situation.
5. I have argued pretty consistently that Schapelle Corby has been found guilty and exhausted her appeals, and no amount of rearguing and rehashing the evidence is likely to change this fact. The focus must now be on how to speed up the process of repatriation. I firmly believe that five years is more than enough time for the crime that she has been convicted of. However, a cover such as this one and an open letter to Australians has not seemed to endear her to the wider Australian populace. In fact, popular support seems to be running along the lines of, if you do the crime you must do the time. This is sad, sad for Schapelle Corby.
6. If part of the strategy is to generate support for the idea that Schapelle Corby has done enough time for the crime she has been convicted of, then it is time to broaden the base of appeal. It should not matter whether you think she is innocent or guilty in order to join the movement for repatriation. As long as you think she has done enough time and deserves to be repatriated, then that is enough. Unfortunately, this is not the case. It seems that in order to be a supporter you have to be a true believer in that Schapelle Corby is an innocent victim; a political porn in some geo-political game, where you must toe the single party line.
Perhaps this is why I have not written more frequently. I support the idea that Schapelle Corby has done enough time, but I cannot bring myself to ascribe to the party line. I wonder how many more people like me are out there; people wanting to help, but also turned off by the constant derision from true believers if you are not prepared to declare your support for innocence.
Sad really, very sad.
15 September 2009
Schapelle Corby -- The Innocence Side...

I have written frequently about the plight of Schapelle Corby (image from here). And, I must admit from the outset that I am not convinced the girl is innocent. Nevertheless, there are those very passionate people who are convinced of Schapelle's innocence and they are going all out to prove their case. I admire their passion and conviction and the commitment to the Corby cause.
There are a lot of believers out there in Schapelle Corby's innocence. I list them here and I encourage you to read and get a feel for what the alternatives are to the guilt that was established in a Bali court that saw Schapelle Corby sentenced to 20 years jail.
I have always held that the sentence was too harsh, even by Indonesian standards, but believe that it was harsh because the case was handled so very poorly from the outset.
I remain unconvinced of her innocence, but, that said, it is worth reading what those who support her innocence have to say in order to get n overall understanding of the pros and cons of this case. I would also be interested in becoming involved in an innocence project style project if one was to come together.
Here are the links.
1. The Truth About Aussie Gold;
2. The Corby Case - Part I;
3. The Corby Case - Part II;
4. On My Honour;
5. Free Schapelle;
6. Corby and the Bali Police;
7. Rodent Millenium;
8. Foreign Prisoner Support Service;
9. Free Schapelle.net;
10. Schapelle Corby;
11. The Hidden Truth Report (Very Interesting and Worth the Read);
Labels:
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Mercedes Corby,
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18 August 2009
Schapelle Corby -- Remission Confirmed...

As was expected Schapelle Corby has been granted a four-month remission on her 20-year jail sentence for smuggling 4.1kg of the wacky weed into Bali back in 2004. Corby has been battling depression for a number of years and continues to maintain her innocence.
Renae Lawrence of Bali Nine fame was granted a five-month sentence reduction on her 20-year jail sentence for trying to smuggle more than 8kg of heroin out of Bali and into Australia in 2005.
Both, seemingly, still have a long road to haul before they will qualify for release. Hopefully, the remissions will make them feel a little bit better about that.
15 August 2008
Corby and Indonesian Independence Day
Indonesian prisoners not on death row get to avail themselves of a generous remissions system that allows for up to six months to be sliced off your sentence twice a year. Unfortunately, last year Corby missed out on the remissions because she was caught in possession of a mobile phone. However, this year she has had no such infringements of the rules and is reportedly in line for a three-month remission. In the grand scheme of things a three-month remission on a 20-year sentence does not seem much. However, over the years these remissions add up. If one needs any proof just ask Tommy Soeharto who managed to serve just over half of his 15-year sentence for organizing the murder of a Supreme Court judge. It is interesting that Corby gets 20 years for smuggling some weed and Tommy only gets 15 years for the premeditated killing of a man. This is another post topic I guess.
The three-month remission remains a recommendation at this stage. Generally, though one remission recommendations are made it is just a matter of going through the motions to formalize them. There is nothing to suggest that Corby will be denied the recommended remission.
Corby has seemed to be struggling of late on both the emotional and physical fronts. I have written about this in other posts elsewhere in this blog. So, the idea of having three months shaved off your sentence should be good news for her and her family.
I imagine this is what life will be like for Corby for the next few years, rolling from one remission to the next.
13 July 2008
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.
06 July 2008
The Corby Saga
If these things were not really happening it would be one hell of an imagination that the person who wrote this story has. The Corby saga is becoming increasingly complex in the public sphere. It was probably always complex in the private sphere of the Corby world. But it is as much a case of hangers on and bit part extended family members looking for their 15 minutes of fame. In that way it is like a car crash that people just have to slow down and take a peak at before moving on.It is interesting to think that Indonesia might want to investigate these claims about Michael Corby Sr any further, particularly in light of the fact the Queensland police have issued a statement saying that the informant on which the Lateline report relied on has not provided any information that would lead to the police being able to take further action. In fact the police were a little more forthright and stated that they have no evidence linking Michael Corby Sr to drugs or the drug trade.
By all accounts Michael Corby Sr was too lazy to be a drug runner and much preferred to have a beer with the fellas down the pub or sit on the couch at home in front of the TV also having a few beers. This characterization may well be true. It is hardly evidence that the bloke was not a drug smuggler or dealer. Rosleigh Rose, the ex-wife of Michael Corby Sr, went so far as to say that it was his beard that made him look bad. Perhaps bearded people are drug dealers and smugglers.
Anyway, this is another twist to a tale that is sure to have a few more yet.
Keep watching this space.
05 July 2008
Mercedes Corby Denies Allegations
Mercedes Corby has denied the allegations that were aired on the ABC were lies and that she and her family can prove this. The Queensland Police have apparently issued a statement that they have no evidence linking Michael Corby Sr to the drug trafficking trade.Mercedes Corby has recently won a defamation pay out against Channel 7 for an interview that they ran with Jody Powers where Powers alleged that Mercedes was involved in drug trafficking.
If Mercedes Corby and her family are sure that they can prove that Michael Corby Sr was never involved and that he has a clean police record, then this is another defamation case that might be worth pursuing. However, it seems that the Corby's are only asking for an apology.
The story continues.
02 July 2008
Schapelle Corby Goes to the Salon
Now if the reports that have been coming in over the last couple of days are true then maybe I was right. Maybe Schapelle Corby and her family need to give some serious consideration to not taking advantage of any prisoner transfer deal that might be struck between the governments of Indonesia and Australia.Having been admitted to hospital for severe depression, hallucinations, and weight loss, and then subsequently being put on suicide watch because her clinical diagnosis suggested that she was a danger to herself, Corby has enjoyed an afternoon at the salon. This would probably be the perfect tonic for a former beauty student.
However, it should be noted that the rumours and gossip are true then the past few days have seen Corby out and about shopping and buying ice cream with family members. The police are apparently accompanying her and the family everywhere. The point though is that if she were to be imprisoned in Australia she would be unlikely to receive such treatment unless she was on some kind of minimum security day release type program.
My guess would be that the psychiatrists (aka shrinks) that are treating her for the depression have decided that some degree of normalcy might help restore her to sufficient health that she can be incarcerated until the next bout of depression takes hold and then the whole show can start over again.
The salon visit was permitted and in an attempt to head off any criticisms the PR machine of the Sanglah Hospital has been quick to point out that the salon in question is within the grounds of the hospital and as such Corby did not leave the grounds of the hospital. The photo is of Corby emerging from the salon and is courtesy of AFP.
It seems that Corby is never that far away from the news. It is almost an industry and it is too bad that she does not get to see any of the profits from it. I understand proceeds of crime and the legislation that accompanies it. But, it is kind of bizarre that the perpetrator cannot profit off of the crime but every man, woman and child can profit off of her misery.
Nevertheless, Corby is becoming a celebrity and the recent screening of the documentary "Ganja Queen" on HBO (if I am not mistaken) in the US may cement this status. For me, and as I have posted many times before, it is about reading the Sunday morning papers after the night before, the scores remain the same. She is a convicted drug trafficker doing 20 years for the crime.
Her hospital stay appears destined to end over the next couple of days and the hospital is reporting that a treatment and medication regime has been designed. So, it will be back to the cold hard slammer that is Kerobohkan Prison and the gremlins that plague her there.
Labels:
Bali,
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Depression,
Drug Trafficking,
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Kerobokan Prison,
Prisoner Transfers,
Sanglah Hospital,
Schapelle Corby,
Suicide
26 June 2008
State Sanctioned Killing
Indonesia will execute two Nigerians later tonight. Although this is more likely to be in the wee hours of Friday morning as executions normally take place around 2am for some reason. This must be a reminder to all those contemplating smuggling drugs; it simply is not worth your life!Maybe the Attorney General, Hendarman Supandji, has decided to execute a few people in the hope of taking the heat off of himself and an ongoing corruption scandal which is more than likely see him removed as the revelations of involvement keep moving on up the food chain at the Office of the Attorney General.
However, the reasons aside for the first executions of drug traffickers since 2004, it must not be forgotten that these two individuals smuggled drugs, were caught, tried and convicted in a court of law, and will soon pay the ultimate price for their stupidity.
The National Police Chief, General Sutanto, has also gone on the record to say that the executions should act as a deterrent. Nevertheless, they won't there is no sustainable evidence to suggest that the risk of death is a deterrent to the smuggling of drugs. Some people are just so desperate that no matter what the risk is they will still try and smuggle drugs.
Hansen Anthony Nwaolisa was caught trafficking 600g heroin in 43 capsules from Pakistan in January 2001. Samuel Iwachekawu Okoye was caught with 3.8kg of heroin in his luggage after arriving from India in January 2001.
Both men were sentenced to death in mid-2001 and their final appeals for clemency were rejected in July 2004. They are currently in special holding cells at the Nusakambangan Prison in Central Java.
According to Amnesty International, "Experts in international law, including the top UN officials, have confirmed that applying the death penalty for drug-related offences is a breach of international law".
The latest figures state that there are almost 60 people on death row in Indonesia for drug related offences and of these almost half are foreigners.
13 June 2008
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?
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