George Michael -- Jailed...

It was only a matter of time before someone sent Georgios Panayiotou, or as he prefers to be known George Michael, has been sentenced to eight weeks in prison.

It is expected that Michaels will do four weeks and then be released on special conditions. Michaels was sentenced at the Highbury Magistrates Court in North London for a car crash on 4 July 2010. At the time of the crash, Michaels was under the influence of cannabis.

Judge John Perkins told Michaels that he had no choice but to send him to jail as this was a culmination of too many drug and driving offenses. Perkins noted that Michaels' addiction was no longer merely a danger to himself, but that it was now very clearly a danger to the public.

This goes to show, once, again, that celebrities are no different to the rest of us; they have demons, they have addictions,they have problems that they have to stare down each day. Some days are good days, and some days are not so good. That is life. But more than anything else, this case highlights that sooner or later your demons take over and the law will catch up with you and you will be punished.

Prison is no summer camp. Irrespective of whether Michaels is separated from the general prison population and enjoys the comforts of an individual cell, there is no doubting that his freedom will be curtailed. He simply will not be able to come and go as he pleases or do whatever he wants. This, let me assure you, plays with one's mind. It affects different people in different ways.

In addition to the jail time, Michaels has been banned from driving for five years and fined about 2000 dollars.

Hopefully, this incident was the wake-up call that Michaels needs.

Good luck George!

Extradition and a Fear of HIV...

There are many people out there in this big bad world of ours who fear being exposed to HIV and developing AIDS. This fear seems to be further intensified where a person is under threat of a prison term in a nation where HIV / AIDS is prevalent, or rampant, in the prison system where they would serve a sentence if convicted.

Adrian Kiki Ariawan, a convicted Indonesian felon, currently detained in Australia is fighting his pending extradition to Indonesia based on an argument that sending him back to a prison system where he may contract HIV is a breach of his human rights and a breach of prevailing international humanitarian law.

At this point, you might be shaking your head and saying, "what?" But, this is not as far-fetched as it sounds. And, more importantly the approach has been successfully argued in the Australian Federal Court in 2004. In de Bruyn vs. The Minister for Justice and Customs (FCAFC 2004), the Federal Court allowed the appeal of the lower court decision that granted the extradition.

The Federal Court also quashed the arrest warrant with the reasoning that the Minister had not given sufficient consideration to the humanitarian grounds associated with extraditing someone to a penal system where there is a risk of contracting HIV.

de Bruyn was fighting extradition to South Africa. The support for the petition included a number of articles that noted increased risks of HIV infection, particularly post-incarceration.

With respect to the risk, it would be interesting to see whether the Australian courts would consider a response from Indonesian authorities in the form of a guarantee that Ariawan would be jailed in isolation or only with other inmates of negative HIV status. This would presumably reduce and perhaps eliminate any risk of Ariawan contracting HIV while serving his sentence.

I am sure that serving the rest of your life in solitary confinement is most probably a breach of one's human rights, but if the fear is of contracting some disease whilst in prison then being separated from all other prisoners would seemingly resolve that fear, and it would be the choice of the convict themselves.

It must be noted that Australian prisons are not HIV-free nor are they violence-free, sexual or otherwise, although medical treatment is considerably better than what is available in the Indonesian penal system. It also needs to be noted that all prisoners in New South Wales are tested on entry into the system, usually three months after entry into the system and on release back into the community. As I remember it, tests can also be conducted at other times if thought warranted or if requested by the relevant authorities or the prisoners themselves.

I am going to have to do a little more reading on this subject, as I find it really interesting. It has not much to do with my life now that I have moved from lawyering work into teaching, but the legal stuff still remains a fascination (some might say an obsession) for me.

Ariawan has been sentenced to a life term for his role in the embezzling of Bank Liquidity funds offered to Bank Surya.

Indonesian Prison Cells for the Rich and Famous...

Well, it seems that money is not only an asset on the outside, but it is also an asset on the inside as well. In this case, being on the inside refers to how much luxury one can afford to pimp out their cell with.

The above picture is of a cell occupied by Artalyta Suryani. Now, Suryani is enjoying her five years behind bars for bribing public prosecutors with regular spa treatments, plasma televisions, a karaoke room, a private bedroom, and a room to receive guests (the photo). Of course, all these special privileges are denied from ever being present or occurring. Nevertheless, perception is a powerful tool. Most Indonesians believe that the rich and famous can buy their way to special treatment in prisons,and this little expose by a government appointed fact finding team (a team tasked with rooting out and eradicating the judicial mafia) seems to confirm it.

On the luxury jail front. There were always rumours that Tommy Soeharto led a comfortable existence on Nusakambangan when he was incarcerated there. There were not only rumours about luxury living conditions, but also special "passes" for some cruising to Singapore for weekends away and the like. It is worth pointing out that I have not read anything that confirms those Tommy related rumours. However, the luxury living conditions seem to be standard fare for the well-to-do prisoners.

It would seem that perhaps Schapelle Corby is not living in the laps of luxury at Kerobokan that some other well-heeled prisoners enjoy in other jails throughout the archipelago.

Oh well.

How Bad is Kerobokan Prison?

I want to see the word laogai in every dictionary in every language in the world. I want to see the laogai ended. Before 1974, the word 'gulag' did not appear in any dictionary. Today, this single word conveys the meaning of Soviet political violence and its labour camp system. 'Laogai' also deserves a place in our dictionaries.

-- Harry Wu
the laogai are Chinese labour camps.

Kerobokan prison has been the subject of a recent book by Kathryn Bonella titled 'Hotel K'. The prison has been described and characterized as a veritable hellhole that people battle to survive in. However, as Bonella notes in her book, the guards are corrupt and life's little luxuries are always available for the right price.

Kerobokan houses Schapelle Corby and the Bali Nine.

Yet, what inspired this post, aside from the above quote, was that I read recently that Kerobokan makes Guantanamo Bay look like a five star resort. Now, I have not been to Cuba so I cannot say with authority however it strikes me as unlikely that favours and better conditions are for sale there.

The reality of Kerobokan is that prisoners with resources can purchase a cell 'upgrade' and enjoy some of the finer things of prison life such as delivered food and freedom to roam.

Prison is not supposed to be summer camp. You are supposed to be punished for crimes that you have committed. I am sure that Kerobokan is not a nice place, and I am sure that I am glad I am not inside. However, to compare it to places like Guantanamo Bay or to suggest it is the worst prison in Asia or the world undermines the credibility of those making such comments. It also serves to shine light on the ways in which prisoners of means can play the system and garner more favourable conditions during they forced stay.

Is Kerobokan the worst prison in Indonesia? No. Is Kerobokan the worst prison in Asia? No. Is Kerobkan the worst prison in the world? No. Is it a fun place to be? No!

I wonder if Schapelle has benefited from the 'corruption' of Kerobokan and upgraded her cell or enjoyed any other benefits that money can buy?

Manohara Odelia Pinot -- Part X -- Stirring the Pot

I am certain that I am giving more attention to this story than it deserves, but it is interesting to observe the lives of the rich and famous from a safe distance. I have also been wondering how I might work the case if I had been tapped to be one of the lawyers (from either side). The gossip that surrounds this case and the unusual nature of how it is playing out post abuse is also interesting. However, the interesting parts also travel back in time to a period when young Manohara was nothing more than a wanna be model and an avid social climber willing to do whatever it takes to be one of the beautiful people that us mere mortals view in magazines like Indonesian Tatler.

I am not going to focus on Manohara's early life (perhaps if I ever find anything out about that I can make a post on that too), but rather her emergence as the girlfriend of Anindra Ardiansyah Bakrie or Ardi as he is known to his friends (photo courtesy of here). This relationship has been acknowledged by all, supposedly, and evidence of it exists in the pages of some of Indonesia's glossier magazines. This relationship (or was it just a friendship?) was ongoing in 2008 and up to at least the time Manohara's mother gave her approval for Manohara to marry the Prince.

What is interesting to me is not that the girl is 16-years-old and dating, but rather her mother has approved her dating a man some 13 years her senior. By all definitions she is a child. We are not talking about a situation where the age difference is between a woman of 37 and a man of 50. For me, in that scenario, they are both adults and can make the decision if they so desire. This brings me to my point of avid social climbers willing to do anything to get their mugs in the glossy mags. I am also wondering what interested a successful son of a billionaire to start dating a child? In any event Ardi has moved on and is now dating the 18-year-old Nia Ramadhani.

What would be more interesting is to wonder whether or not the relationship was sexual as this would open up a whole new Pandora's Box of possibilities.

After the failure of her relationship with Ardi, Manohara moved on with her mother's blessing to marry Tengku Temenggong Mohammad Fakhry, the Prince of Kelantan State. It sounds all like a fairy tale to me; moving on from the son of a rich man to marry a prince. I am sure that someone out there would think this to be social climbing. Others might think she just got lucky, like a young Australian woman from Tasmania who met and married a prince who also happens to be the future King of Denmark.

The wedding snaps of Manohara's nuptials with the prince show a pretty happy looking young girl (or should I call her a woman?). Manohara seems to have been accepted into the royal family and was granted title. Seems to be the real fairy tale so far. However, what happens next is pretty much well-documented in all manner of places, including at http://toughlane.blogspot.com/ which is a blog titles Truth Appeared and seems to be Malaysian in origin (interesting read).

The filing of the complaints in the respective jurisdictions of the parties has been discussed in an earlier post. However, it would seem that both Manohara and her mother, Daisy Fajarina, could do jail time if they were to be found guilty or fined.

I have read that Daisy Fajarina is subject to an 18-month jail term in France. It would appear that luckily for her Indonesia and France do not have an extradition treaty. However, if the Indonesian government is serious in taking up Manohara's case then it goes without saying that it would then be under pressure to extradite Daisy, with or without an extradition treaty in place. Simply, if you are going to take a stand on one then you will have to take a stand on both.

The final point I want to make in terms of stirring the pot is this; it has taken no time at all for Manohara to re-enter the Jakarta social scene. It has also taken no time for Daisy to milk this alleged abuse for all it is worth. The question is this, "what should be read into this post-abuse behaviour, if anything?" I suppose we each deal with trauma in our own way, and I am guessing that this is taking the idea of "if you fall of the horse then the best option is to get straight back on".

However, there is a part of my brain saying that the best course of action for a 17-year-old who has been subject to rape, physical abuse, kidnapping, and who knows what else, is to take some time out of the spotlight and get some professional help in order to process the things that have allegedly happened to her. Because, if the allegations are true, then this has been no fairy tale.

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.

Secret Warrants and Secret Searches

The NSW Police Force have hit the jackpot on this one. A change to the law is going to allow police to apply for a secret warrant, conduct a secret search, and then inform the target of the warrant and search some three years later. In that funny in a perverse kind of a way, the police powers as they relate to criminal activity such as murder, computer crimes, corruption, money laundering, and sexual offenses, among others, are much broader than they are for crimes such as terrorism.

I am all for reducing and eliminating crime. I am also all for the protection of people's civil liberties and basic human rights. It might be a fine balance that needs to be struck, but it is a balance that must be found and so struck. It is outrageous in my mind that police can covertly search your home and property without your knowledge. And, that they can do it impersonating someone else, such as an electrician or something.

The problem as I see it is that a covert search is going to be sans independent supervision of the process. This is undoubtedly going to lead to claims of the planting of evidence. Running a video camera is hardly going to be a convincing mechanism to prove that the searchers were at all times being videoed. I would much prefer that warrants be served and the target of that warrant be allowed to watch what happens as there home and property is searched.

It is a scary thought that people unknown to you and without your knowledge can be in your home and rifling through your property, and doing God knows what.

The warrants do have some restrictions. The offense must carry a maximum prison term of seven years. The warrants can only be issued by designated Supreme Court judges, and the judge must be convinced that the evidence sort is going to be found in the premises or on the property searched within 10 days of the warrant being issued.

Nevertheless, it is an extraordinary power considering most people would consider their home their castle and as such free from covert searches.

These are indeed interesting times that we live in.

Stupid is as Stupid Does 3

It goes without saying that stupidity can happen anywhere and this is a case in point.

Marcus Einfeld (photo courtesy of Sahlan Hayes / SMH) in an attempt to lie his way out of an AUD 77 speeding ticket has exposed himself to up to 24 years in prison for trying to perjury and making a false declaration. He will not get that much time in prison but nevertheless he should probably do some prison time.

The culmination of three years worth of to and fro came down to two guilty pleas in the New South Wales Supreme Court.

What makes this case all the more interesting is that Einfeld is a former Federal Court judge of some 15 years standing and also a former Chairman of the Human Rights and Equal Opportunity Commission. To suggest that he should of known better is probably an extreme understatement.

Originally, Einfeld had been indicted on 14 separate offences of which all but the two he pleaded guilty to were either tossed in a legal sense (based on technicalities) or withdrawn.

For a man who at 70 years of age and a distinguished career in the law the idea of lying one's way out of a 77 dollar fine is either the height of arrogance or stupidity or perhaps both. Nevertheless, this foolishness should ensure that rather than enjoying his retirement with family and friends he will have the opportunity to make some new friends in prison.

Stupid!

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!

Sexual Abuse in the Catholic Church -- An Apology

I have been contemplating writing something on this for some time and have hesitated because the issue deserves more than just passing comment. I have not done the research on the statistics of the prevalence of sexual abuse in the Catholic Church, although I am sure others may have numbers, names, locations, and the like. Yet, perhaps if there was more open and frank discussion on issues such as these then progress towards a workable resolution might be quicker in coming.

The Pope, Benedict XVI, was alleged to have said on his way to Australia for the World Youth Day festivities that he was going to apologize to all those who have suffered sexual abuse at the hands of clergymen over the years. This blanket apology might not mean much but it would have meant that the Church acknowledges and has remorse for what has happened but is genuinely sorry for the tragedy that it has allowed to occur. This profound sorrow might not pay the bills of the victims or bring back loved ones who have committed suicide as a result of not being able to cope any longer with the pain, but it would say that even though we can never fully make amends for what has happened "we" accept responsibility.

Unfortunately, the Pope's point man on media communications has spent much of the day backtracking on whether an apology will be forthcoming and has even indicated that this might be one of those lost in translation moments, where what the Pope is alleged to have said might not actually be what he said.

Father Federico Lombardi, Director of the Vatican Press Office, has been saying that there is no papal commitment to making an apology and perhaps what Australian victims should be expecting is the Pope making brief mention of the "issue" in a statement. Stupid! This would seem to be the perfect moment to capitalize on the good will of Australians during WYD to make the apology.

It would seem that the Pope has not been pontificating on the issue and is on the record as saying that the Church needs to examine how it is going to, "prevent, heal and reconcile" the past crimes of the clergy. The Pope then went further in terms of putting this into context with, "this is the essential content of what we will say as we apologise."

Father Lombardi seems to think that any apology would be limited to a meeting with church officials and novices. This is the same means that was adopted by the Pope when apologizing during his visit to the US. This is a cop out! He does not need to apologize to the members of the clergy and the novices of the Church. He needs to apologize to the victims of the crimes perpetrated by the clergy on children for decades past.

Why is an apology necessary? The answer to this question is simple and is best done through an Australian example of the tragedy the sexual abuse of children has wreaked on one particular family. Their story is a sad and tragic one that has been played out in many thousands of families across the globe.

The Foster family was by all accounts a happy one. However, this changed tragically for the worst when Emma and Katherine Foster were raped by Father Kevin O'Donnell when they were in primary school. The Catholic Church does not seem to have a very good record in weeding out those applicants that have a penchant for young children.

Emma committed suicide at the age of 26. Katherine developed an alcohol abuse problem and this led to her being struck by a car driven by a drunk driver. Katherine now requires 24-hour care as a result of the physical and brain injuries that she sustained.

In reference to this sad tale the Bishop Anthony Fisher in his infinite wisdom expressed the following sentiment, "Happily, I think most of Australia was enjoying delighting in the beauty and goodness of these young people and the hope - the hope for us doing these sorts of things better in the future - as we saw last night, rather than, than dwelling crankily, as a few people are doing, on old wounds."

Bishop Fisher, you are a fool! These are not old wounds to those directly affected by them! These wounds are open and festering sores that are slowly but surely eating away at the very life essence of the victims of these abhorrent crimes. It is time the Catholic Church ante-ed up and faced the fact that it is responsible as the employer of predators like Father O'Donnell.

Priests like father O'Donnell when they are found guilty of the crimes they have committed they should be sent to prison. They should not be put into the protective wing of the prison. These brave souls that pray on children must be put into the general prison population where it should be known that they like to have their way with children. You should not be surprised that prisoners have families and they have children and that the mere thought of someone sexually violating their children is enough to ensure that the Father O'Donnells of this world get a firsthand understanding of what it is like to be violated. This would give a new meaning to "get what's coming to you"!

The Catholic Church has to start making amends in Australia. This can start with a full, open, and frank apology to victims. Then, I personally do not care if this means the Catholic Church has to sell off all its assets or mortgage its properties to the hilt, but it must pay compensation to victims for the harm these victims have suffered at the hands of the employees of the Church.

Thus endeth my rant (or is it a sermon?) on this subject.

Dying In Jail

I wonder what it is like to have spent 56 years in prison? I wonder this from the outside and have no intention of ever wanting to find out from the inside. I wonder what it is like to have spent more than half of your 80 years of life behind bars?

Eric Thomas Turner (pictured), was a quadruple murder and the last inmate in a NSW prison that had been sentenced to death. The death sentence was later commuted to life in prison. He was released but murdered again. In this case 'was' is the operative word as Turner has died in prison as a result of complications from lung cancer.

Turner was an evil man who killed his first person at the young age of 20 in 1948. His first victim was his then 15-year-old girlfriend, Claire Sullivan. His second victim was Frank Sullivan, Claire's father. He strangled Claire and he axed the father. He was sentenced to death on 15 December 1948.

His sentence was commuted to life in prison. I am not sure why there is no truth in sentencing and when a person is sentenced to life in prison then this is exactly what it means; you die there! However, maybe after 22 years behind bars the State felt sorry for the fella or believed him rehabilitated because he was released in 1970.

Turner seems to have kept out of trouble for a while. But, perhaps it is true, "once a killer always a killer," because 3 years after his release Turner killed his mother-in-law, Harriet Field, by stabbing her 11 times. Turner's stepson, John Pilz, tried to intervene to save his grandmother and Turner killed him as well.

Not surprisingly the community was somewhat outraged that Turner was released in the first place. Nevertheless, he was convicted and again sentenced to life imprisonment. This sentence was then redetermined. The life sentence remained but a non-parole period of 20 years was set. Therefore, since 1993 Turner has been eligible to seek parole. However, it was not until his illness had become too much for him that he had sort to be released on parole.

He did seek release in 2007. The application for release was refused.

Turner was the longest serving prisoner in the NSW correctional system. However, the title of the longest continuous serving prisoner goes to the 84-year-old William "The Mutilator" McDonald. McDonald was sentenced in 1963 to life in prison for the murder of four homeless men.

As I said, I wonder what it must be like to spend so much time behind bars?

Turkish Transsexual On Trial

I must confess that I did not know that Turkey even tolerated transsexuals let alone that a transsexual could become a star! I am a life-long learner and I try and learn something new everyday!

Bulent Ersoy is a singer of Turkish classical music and is one of Turkey's most popular singers. She enjoyed fame as both an actor and a singer before her sex change operation in 1981 and this fame and success has continued post-operation.

However, Ersoy has run afoul of Turkish authorities not for her status but rather for having the gumption to criticise Turkish policy with regard to the 23-year old fight against the Kurdish separatist movement. The campaign against the Kurds has already claimed some 37,000 lives. Ersoy's crime was to suggest on Turkish television that if she had a son then there would be no way that she would allow him to go off and fight the Kurds. This statement was the premise for the arrest and trial. If found guilty then Ersoy is liable for a 3-year prison term.

The actual charge is "alienating the public from military service". The prosecution contends that every Turk is born a soldier and that comments about the military are not protected by any free speech provisions.

Turkey has compulsory military service and every man over the age of 18 is required to sign up for anywhere between 6 and 15 months.