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.

A Further Schapelle Corby Update

It seems ninemsn.com and Channel Nine have been a part of a deception in relation to the recent allegations that Schapelle Corby was seen out of jail. Having followed up on the reports and having received some anonymous criticism for the "tripe" that I posted regarding this, I am taking this opportunity to put some other facts on the record.

The photo that I copied and pasted from the ninemsn.com site is indeed a photo of Schapelle Corby but it is NOT the photo that was shown on A Current Affair or to Schapelle's mother. However, in my own defence the points that I made I believe remain valid, namely: that Australian prisoners may need to think long and hard about whether they take advantage of any prisoner transfer system put in place. Like the buyer of anything the Australian prisoners in Indonesian jails will need to read the fine print.

The following was issued in response to the ACA program.

Kay Danes / Foreign Prisoner Support Service release.

Attention: Media Watch

Re: ACA [Ch9] victimisation of Schapelle Corby

As you know, Schapelle Corby is a prisoner in Kerobokan Prison. Recently I tuned into the Australian television "A Current Affairs Program" on Monday evening 3 March 2008. I could not believe that they had compiled an elaborate story to mislead the Australian public. Airing photo's of tourists who resembled Schapelle and her sister Mercedes and alluding that they were in fact, Schapelle and her sister, enjoying a night on the town - unsupervised by prison police.It was devastating the way ACA compiled the story but more disturbing was the fact that they refused to show the said photographs to Schapelle's distraught mother unless she agreed to view the photo's on air. Then they had the audacity to ask her how she could be so convinced that the photo's were not actual photo's of her daughters. Rosleigh Corby has just lost her former husband to cancer and at the time the photo's were taken, his funeral was underway and Mercedes had flown back to Australia to attend.I am of the understanding that the girls who took these photographs were attempting to sell them to the Australian media, although I personally cannot verify that. In any case, I strongly believe that Schapelle's current legal case will suffer as a result of the ACA program and that is more than just unfortunate, it is in my opinion, highly concerning.Foreign Prisoner Support Service is lodging a formal complaint to the Australian Attorney General's Office in relation to the continued victimisation of Australian detainee Schapelle Corby.Prisoners are not, and should not, be put at risk simply to increase ratings or to sell more newspapers. The story was nothing more than sensational rubbish based on hearsay from people who don't even know Schapelle Corby, have never met her or her family!

The moral of this story is do not always believe what you first read or hear no matter what the source. The points made by Kay Danes are important and worth noting!

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 -- 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);

Schapelle Corby and Public Support in Australia...

This is but a short comment, perhaps some opinion infused, on what the latest survey figures say about support in Australia for Schapelle Corby.

Schapelle Corby is an Australian and a convicted drug smuggler. She is doing 20 years in Kerobokan Prison in Bali, Indonesia, for the crime she have been convicted of.

Her appeals have been up and down over the years. The final appeal reaffirming her 20-year sentence.

The intervening six years have been hard on her, and her family and supporters, but mostly they have been hard on her. Nevertheless, prison anywhere is no easy gig, it is not summer camp. The time will affect you. Schapelle Corby, if Dr. Philips (an eminent psychologist) is right, then hope for a full recovery from the psychotic depression that Schapelle Corby suffers from is unlikely. It is likely that she will get better once out of jail and consistently medicated, presumably in Australia.

Yet, it must also be noted that Dr. Philips stated unequivocally that she would be dead in months if she was not immediately repatriated to Australia for treatment. Time has shown this not to be the case. Schapelle is alive, being treated / medicated and surviving.

The mental illness that she suffers from presently is the basis for a clemency appeal on humanitarian grounds. The Supreme Court has considered this and sent it to the President for final determination. There is some conjecture about what might happen next. It appears from sources that a significant reduction in the 20-year sentence has been suggested (all off the record discussions). This reduction is not likely to be an immediate release, but would see Schapelle Corby released before seeing out half of the original sentence.

Now, onto the survey. Australian news organisations are reporting the results of a recent survey that 1 in 3 Australians think that Corby should be released from Kerobokan. It is worth pointing out that this equates to a mere 33% of Australians. By my reckoning, there is hardly widespread support for a release. This should embolden the Indonesian authorities to reduce the sentence but to not immediately release her. Quite simply, reducing the sentence but not releasing her is unlikely to create any sustained backlash or negative press for the Indonesians.

Even more startling is that the survey notes that only 1 in 10 Australians think she is innocent. This means that for those that want to see her released it is a simple case of "Schapelle has done more than enough time for the crime". In other words, guilty or innocent is no longer relevant, what matters is that she is released. She has been too harshly punished in proportion to the crime she has been convicted of.

The survey is a Nielson poll and interviewed 1400 people.

Schapelle Corby -- Insane...

Schapelle Corby has been diagnosed as "clinically insane." The diagnosis was made by Dr. Jonathon Phillips, the former president of the Royal Australian and New Zealand College of Psychiatrists. Dr. Phillips visited Corby in her Bali prison recently to assess her mental state. The assessment was paid for by the New Idea magazine. New Idea claim that they funded the assessment after receiving huge numbers of requests about Corby.

According to Dr. Phillips, Corby is both delusional and paranoid. In lay person's terms she is no longer capable of caring for herself. She is apparently laboring in a world of fantasy and hallucinations, and subject to a mind dominated by some truly bizarre ideas.

Corby's state of mind has deteriorated so much that she has tried to commit suicide, at least, twice. The attempts allegedly involve Corby cutting herself pretty severely. This has lead Dr. Phillips to state that if Corby is faking her illness, then she is a master actor.

The Corby family has sent the results of the evaluation to the Australian Prime Minister and seem set to lobby hard to have Australia make an approach to their Indonesian counterparts with a view to having Corby transferred to a secure facility in Australia. As far as I recall the prisoner transfer agreement between Australia and Indonesia has stalled on a few key points. So, it would seem unlikely that this is going to be a prisoner exchange deal, at least not through a prisoner exchange treaty.

It seems that any claim would be more likely to succeed on compassionate grounds. Simply, make this a humanitarian issue by making an appeal to the humanity of Indonesians. I am not sure that this is a win / win situation. And, even if Indonesia was inclined to release Corby on compassionate grounds, they would be certain to insist on some strict conditions. I would hazard a guess that these would include provisions that would not see Corby immediately released on her return to Australia.

The saga continues.

Postscript...

I have been lead to an article published in The Australian on 29 August 2009.

In essence the article says that Schapelle's psychiatrist in Bali, Dr. Denny Thong, in essence agrees with Dr. Jonathon Phillips that Schapelle has a mental illness. However, according to Dr. Thong, the mental illness is not insanity but depression and bouts of audio and visual hallucinations. Dr. Thong believes that Schapelle can be treated, and is being treated, but he is unsure as to whether Schapelle is taking her medication.

Dr. Thong does not believe this to be a life and death situation. To the contrary, the Dr. recommends that Schapelle be moved to the Bangli Mental Hospital where she can be treated, and then when well enough she can be returned to prison to complete her sentence.

This is the link to the article.

Schapelle Corby -- What Matters Now?

I have written a few posts over the life of this blog about Schapelle Corby and her conviction and subsequent sentencing to 20 years in a Balinese prison. In many of these posts there has been some discussion of events as they unfold. However, it was one particular post on Robin Tampoe and the fact that he had been struck off the Roll of Legal Practitioners for divulging privileged client information.

The Tampoe post has attracted some 490 comments. Quite a number of those have been personal attacks on myself and some other posters. It has included quite a number of anonymous comments and a lot of people using pseudonyms, both in and of themselves not problematic. However, to launch personal attacks from behind a supposed veil of anonymity is not in the spirit of open and free discussion.

Nevertheless, the post has given rise to some interesting issues as people have sort to rehash the evidence in support of Schapelle's innocence. The evidence has also been rehashed in an attempt to debunk my statement and belief that Schapelle Corby is guilty. The reality, like it or not, is that Schapelle Corby has been convicted in an Indonesian court of law, and the conviction has stood the test of the appeal process. So, the reality is that she is guilty.

There are no appeals left in this process. What is left is an appeal for clemency.

Rather than make a detailed post on the issues, I pose the following questions?

1. Is there any benefit in revisiting and rehashing the evidence when the appeal process is complete? (What remains is an appeal for clemency or pardon)

2. Can, or should, Australian principles of common law be applied to the Indonesian civil law system? (Perhaps, and particularly, whether Australians arrested overseas have the same rights that they would be entitled to in Australia with respect to a trial by virtue of their Australian citizenship)

3. Should the focus be on proving that the guilty verdict is flawed under Indonesian and International law, or must the focus be on the best interests of Schapelle Corby with respect to obtaining treatment for her mental illness?

4. Can you be a supporter of Schapelle Corby without having a position on her innocence or guilt, or believing that she is guilty but that she does not deserve the punishment she has been given or deserve to suffer in the way that she apparently is?

I am not sure that there will be many comments in response to these questions. To be honest most of my posts only draw one or two comments. There are only a handful of posts that have drawn more than 20 comments.

Nevertheless, responses to these questions should make interesting reading.

Hotel Kerobokan -- Kathryn Bonella

Kathryn Bonella has released a new book through Pan Macmillan Australia, Hotel Kerobokan. According to the blurb on the Pan Macmillan site the book's release date for sale is 1 November 2009. I might have to trundle down to the nearest book store and grab me a copy. Until then I can only ponder what the book might include based on the release issued by Pan Macmillan and perhaps past performance.

Bonella helped Schapelle Corby co-write Schapelle's autobiography, My Story.

Hotel Kerobokan is the name, apparently, given to the Kerobohkan prison in Bali. Kerobokan is home for a good number of Australians, among them Schapelle Corby and the Bali Nine. The gist of the book, according to the blurb, is the fact that murderers sleep along side petty criminals, drugs and alcohol are freely available which in turn leads to devastating addictions, and guards who are on the take for all manner of things. The corruption of the place making it a hell hole.

The book focuses on the inmates stories of life on the inside of Kerobokan and the contrast to the holiday wonder world that is Bali, and which exists on the other side of the prison walls. The book should be a good read considering Bonella has apparently had daily access to the prison and the inmates for the purposes of gathering their stories. This suggests that the book was written with the full knowledge of the prison authorities if she has been granted this level of access to prisoners / inmates. So much so, that the Pan Macmillan review states that "the truth about Hotel Kerobokan explodes off the page."

To get the readers in, the review ends with, "Hotel Kerobokan paints a confronting picture. Everything you've heard is true. And there's much, much more than you ever imagined there could be."

The spiel on the author over at Pan Macmillan is this:

Since studying journalism at RMIT in Melbourne, Kathryn Bonella has worked as a journalist in television and print. She moved to London 18 months after graduating and spent several years freelancing for 60 Minutes as well as numerous English and American television programs, magazines and newspapers. She returned to Australia in 2000 to work as a full-time producer for 60 Minutes. She moved to Bali in 2005 to research and write Schapelle Corby's autobiography, My Story.

On a side note. I have been taking a fair bit of flak on another thread on this blog about Robin Tampoe (here), as seemingly anyone who writes a blog that includes posts on Schapelle Corby must be doing it because they are motivated by the prospect of making money off of her misery in Kerobokan. I can state unequivocally that I have made no money of posts about Schapelle Corby. This blog is not a commercial venture in a money making sense.

However, I wonder whether anyone would similarly question Bonella's motivations by suggesting that she is capitalizing on the misery of those whom she interviews for Hotel Kerobokan.

In the bigger scheme of things, I wonder how the sordid details and descriptions of squalor that are apparently the focus of the book benefit those that remain behind Kerobokan's bars. This is particularly so if some of those interviewed have been expressly candid regarding the conditions of the prison and the manner in which it is run.

My final point of wondering here is whether Schapelle Corby has been re-interviewed for this book. I am particularly interested in what she has to say considering there is a growing movement seeking to have her released on the grounds of her ongoing depression and claims of innocence.

As I said, I will head down to the bookshop and see if I can get a copy, unless Pan Macmillan or Bonella would like to send me an advance copy for me to review?

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.

Schapelle Corby -- A Humanitarian Appeal...

The Schapelle Corby case continues to draw the public's interest more than five years after her incarceration. Schapelle Corby was convicted of smuggling more than 4kgs of marijuana from Australia to Indonesia. For this, she was sentenced to 20 years in prison.

There is much debate about whether she is guilty or innocent. Much of this debate focuses on the evidence or lack thereof, and the procedures that were followed at trial. If you are interested in a discussion of this, then you can find one here. Personally, the issues of guilt and innocence at this point in time are secondary to more pressing concerns.

However, what I post here is a short video that can be found on YouTube which deals with this pressing concern.

All the doctors involved with Schapelle Corby agree that she is depressed and that there is a need to treat her for that depression. Nevertheless, the doctors do disagree on the severity of the depression and the manner in which it needs to be treated.

My belief is that prisoners still have human rights and those rights must be respected. If it is agreed that Schapelle Corby is suffering from depression, then there is clearly a right held by her that entitles her to be treated. Treatment must be provided on humanitarian grounds, even if there was some belief in the circles of the powers that be that medical treatment for prisoners was not a foregone conclusion as a right.

I am not sure that the first step is immediate repatriation to Australia. Indonesia has mental health facilities that would be more than capable of providing the initial treatment and medication. In the event, that a local intervention fails then a more serious discussion is warranted on whether the best option available is to repatriate Schapelle Corby to Australia,

Yet, the most pressing concern is to ensure that her depression is treated and managed in order to allow her to continue to live.

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.

More Schapelle Corby News...

On the Schapelle Corby front, it might be fair to say that, when it rains it pours! Although, what follows is not really news, rather it is a desperate lawyer looking to remain relevant and seemingly concerned that she might be being overshadowed by her Indonesian equivalent, Iskandar Nawing.

Kerry Smith-Douglas, who acts on behalf of the Corby family in Australia and who also appears to be the spokesperson, has gone on the record to describe how the Australian Prime Minister needs to intervene and bring Schapelle Corby home.

Now according to Smith-Douglas the clemency appeal appears destined to fail as the chances of success are slim. The basis of her claims are that Susilo Bambang Yudhoyono, or SBY, has had the Supreme Court recommendations on the clemency appeal since July 2010 and has not yet acted on them. In fact, there is ongoing speculation as to what the recommendations actually were. However, the most likely among the theories being bandied about is that the recommendations include a significant cut in the Corby sentence, perhaps 10 years.

Aside from the Prime Minister, Smith-Douglas has also written to the Foreign Minister, Kevin Rudd. She has also written to the Leader of the Opposition, Tony Abbott, and the Shadow Foreign Minister, Julie Bishop. What is interesting is what Smith-Douglas is expecting these Australian politicians to do. Is she expecting that they are going to jump up and down and start wagging their collective fingers at SBY and any other Indonesian politician who might listen, saying "hand out girl over or suffer the consequences of our wrath".

Perhaps Smith-Douglas is expecting that Australia will seek to intervene in Indonesia's sovereign affairs. Maybe she could recommend that the PM and FM, whilst wagging their fingers, threaten to send in the Special Air Service (SAS) and break her out of Kerobokan. After all she is asking the PM to be firm with the Indonesian President and to put diplomatic protocols aside. I would love to be a fly on the wall watching Julia go toe-to-toe with SBY.

Ultimately, the Smith-Douglas letter plays the old "Schapelle's mental state is so fragile that she is hanging by a thread" followed with "her life is in your hands". The truth and the reality is that Schapelle has been hanging by a thread for so long now that people might start to wonder why it has not broken. There is no doubting that Ms. Corby is not the same person who went into prison, prison does that to you. It also seems that it is a fair call to say that she has suffered mentally as a consequence of being in the big house, but prison does that to you too.

Yet, the truth, and the reality, is that Schapelle Corby has been diagnosed by her Indonesian doctors with severe depression and is being treated.

Now, exactly what is it that Ms. Smith-Douglas wants the government to do for Schapelle above and beyond what they do for any Australian incarcerated overseas?

The mind boggles.

Schapelle Corby -- Suicide Watch

The ongoing Schapelle Corby saga has taken a much more serious and sad turn with Corby being hospitalized for depression and rapid weight loss. Prison is a stressful place I am sure but it would seem that Corby has lost the will to fight after the rejection of her latest appeal. It is easy to say, "if you do the crime, you have to do the time", but if you genuinely believe in your innocence then doing the time must seem very unfair.

The weight loss in itself does not seem to be overly serious provided it does not continue. Having lost 12 kilos in the space of a month when not dieting is a concern but aside from being a little skinny at 5'2" and 45 kilos the weight would not seem to be a physical problem yet.

However, what is probably more of a concern to her family and medical staff are reports of hallucinations and paranoia. Doctors are reporting she is not taking any drugs and the hallucinations and paranoia are the result of emotional responses and not physical ones. What is interesting to me is that Corby was prescribed anti-depressants two weeks ago but by all accounts the hallucinations and paranoia are worsening. Not only worsening but worsening to a point where she is considered a danger to herself and others. She is now on a purportedly 24-hour a day suicide watch.

A psychiatrist, Lely Setyawati, has been brought in to assist with Corby's treatment and has since recommended that Corby be hospitalized indefinitely. Indefinite hospitalization indicates that the problems that Corby has are a little more serious than just having a bad day.

All of these developments are occurring simultaneously with the airing on Channel 9 tonight of a documentary on the Corby case, Schapelle Corby: The Hidden Truth, which is supposedly going to explode the myths surrounding the case. Considering all the exposure that the case has had in the past it seems a bit of a reach to suggest that there are still lingering issues that have not been examined at some point previously.

With a bit of luck the documentary might get a screening here in Jakarta so that Channel 9 can challenge me and explode the myths surrounding the case (photo by Jason Childs / SMH).

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.

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.

Robin Tampoe -- One Time Corby Lawyer -- Struck Off

This is Schapelle Corby related news. However, the main subject of this little post is Robin Tampoe; a one-time lawyer for Schapelle Corby.

Robin Tampoe (photo courtesy of here) became involved in the Corby case very early on. He provided pretty bad advice, in my opinion, because his own ego required that he piggy back on this case in order to make a name for himself by using someone else's legal predicament to further his career. Unfortunately, or perhaps fortunately, this has backfired in a big way and has in fact ended his legal career as he has been struck off the role of legal practitioners.

The advice was indicative of someone not knowing the intricacies of the Indonesian legal system and also highlighted a substantial lack of understanding of the substantive law that applies in Indonesia. In this sense, the writing was on the wall for Corby as soon as Tampoe became involved. However, the advice is not the reason for his striking off, but rather his conduct as a lawyer and handling of client information.

It was certainly a Forrest Gump kind of a moment in the type "stupid is as stupid does". Simply, Tampoe came into possession of confidential information which he then divulged to the world on TV. This information related to prior criminal convictions among members of the family. After being dumped from the Corby legal team he then went on to add insult to injury by disparaging them in the documentary, "Schapelle Corby - The Hidden Truth", by calling the family "trash".

The Legal Services Commissioner initiated the action based on an allegation that Tampoe breached client confidentiality. In essence, he failed to uphold the lawyer - client privilege that certain communications are subject to. In a written judgment of Justice Roslyn Atkinson of the Queensland Legal Practice Tribunal, Tampoe was found guilty of professional misconduct. Atkinson then ordered that Tampoe be struck off the roll.

On a side note. It is interesting to see that in the current Manohara case two of Indonesia's senior lawyers, Todung Mulya Lubis and OC Kaligis, have left the legal teams of Prince Tengku Temenggong Mohammad Fakhry and Manohara Odelia Pinot respectively, and then gone on to make some disparaging remarks about their former clients relating to their respective intents to resolve that matter. I wonder, any ethics or professional misconduct issues there?

Alexander Downer, Schapelle Corby, and a Home Invasion...

It would probably be fair to say that Alexander Downer as Foreign Affairs Minister in the John Howard Liberal Government that he would have expected to take some heat over any role he could have played in securing the release of Schapelle Corby from Kerobokan Prison in Bali. This might be particularly so considering that Ms. Corby is still in Kerobokan prison and suffering from severe mental illness, including two attempts at suicide.

However, as a former Foreign Minister who has been out of government for some time and who is focused much more on conflicts in other parts of the world, he probably was not expecting a stranger to walk into his home and start abusing him on his failure to get Ms. Corby released from prison and then imploring him to do something to get her out now.

Yet, this was the case last Thursday. Downer was sitting down watching the news at 6.15pm when an elderly woman walked through an unlocked front door, sat down on his couch and then proceeded to give him an earful. There is little doubt that incidents like these get people to thinking about their home security. Without a doubt there is going to be some ramped up security at the Downer household from now on, starting with locking the doors.

It would seem that Mr. Downer was not in fear of his life, and asked the woman who she was, which triggered a tirade that culminated in the old lady suggesting that if Mr. Downer did not get Corby out of jail then God would damn him. Cutting to the chase, Downer called the police, the woman disappeared through his garden, the police arrived, the woman was gone. The police believed that they knew who the woman was and apparently an arrest has subsequently been made.

There is plenty to be said for the passion and commitment of Schapelle Corby's supporters, but it is incidents like these that make one wonder to what extremes some people are prepared to go in pursuit of their cause. A home invasion of the former foreign minister's home is certainly ratcheting it up to the next level.

It is a worrying development, aside from the action being a home invasion, I really fail to see how this sort of thing helps Schapelle and her supporters get her out of jail.

A Schapelle Corby Story With A Twist

In light of the first half of the new documentary about Schapelle Corby and her trip into Kerobokan prison hell in Bali, "Schapelle Corby: The Hidden Truth", the Transport Workers Union are now demanding an apology from Corby's legal defence team. The demand for an apology stems from the defence's contention that the drugs were planted in Corby's boogie board bag by corrupt baggage handlers who were part of an international drug smuggling operation.

Tampoe was fired from the Corby defence team after she was found guilty and sentenced to 20 years. Maybe there is an axe to grind or this is a fella looking for another 15 minutes of fame. The photo is of Robin Tampoe.

Robin Tampoe, who was part of the defence team and by his own account the architect of this particular defence strategy, has admitted that the whole strategy was a complete fabrication and a figment of his obviously broad imagination. The unsubstantiated allegation definitely defames all baggage handlers and suggests that there is a culture of corruption in Australian airports that allows for such things to occur. Now that this sleazy little allegation has been clarified as nothing more than one man's vivid imagination should an apology be forthcoming. Simple answer, probably not.

The other Tampoe claim relates to the former Foreign Minister in the Howard government, Alexander Downer. Tampoe claims that Downer was more aware of what was going on than he ever publicly stated. The claim includes a suggestion that Downer said there was a need to look at the brothers. The Foreign Minister was undoubtedly briefed as were his staff about what was going on. The case had a high profile and involved an Australian citizen overseas facing charges that were likely to see her do serious jail time. Is it possible that Downer took a special interest in the case? It is possible but how active an interest has been played down by Downer himself on the radio over the last couple of days. Nevertheless, the former Foreign Minister has admitted that he did ask if there was any other family members involved. A simple question though is hardly evidence of any particular interest.

Life goes on!

Prisoner Transfers - Australia & Indonesia

The most prominent Australians likely to benefit from any prisoner transfer / exchange deal hammered out between the Australian and Indonesian governments will be Schapelle Corby and the members of the Bali Nine that were not sentenced to death (Martin Stephens, Michael Czugaj, and Renae Lawrence).

For the Indonesian side, I do not recall any 'big name' prisoners sitting in Australian jails. They are probably big names in their local villages and to their respective families. But of late most Indonesians violating Australian laws tend to be Indonesian fisherman operating in Australian territorial waters.

Illegal immigrants are not technically jailed but rather detained until all their legal avenues are exhausted then they are usually deported. It is worth noting that some, perhaps many, would consider conditions in an Australian detention facility like being in jail.

The question though is a simple one: If you are an Australian doing time in an Indonesian prison is it in your best interests to seek repatriation to Australia to serve the remainder of your sentence in an Australian jail?

If 20 years imprisonment in theory means 20 years imprisonment in practice. Then a convict like Schapelle Corby will be compelled to complete a full 20-year term in an Australian jail. Indonesian sentences do not generally contain a minimum period or a non-parole period. Simply, when the judge says 20 he means 20! So, even after 15 years Corby could not apply for parole nor could she rely on any kind of remission for good behaviour or otherwise.

On the plus side, conditions might be slightly better in practice and probably a whole lot cleaner! And she would also be closer to her family and the financial burden on them to visit will be greatly reduced.

In contrast, if Corby were to continue to serve her sentence in Indonesia where the system allows for remissions to be handed out, and sometimes handed out twice a year, she could conceivably serve a whole lot less time.

Tommy Soeharto is a classic example of how the remissions system can work in the favour of a convict. It also highlights the distorted and misguided nature of Indonesian law. But anyway, Tommy gets 15 years for the assassination murder of a Supreme Court judge (Corby gets 20 years for drug possession and smuggling - distorted) but serves only about half the time courtesy of remissions and other health related factors. So, if Corby plays her cards right she could conceivably do a whole lot less time in an Indonesian prison that she might if the 20 means 20 in Australia!

Unless, of course the convicts, although serving their prison time in Australia, can still be granted remissions by the Indonesia government and have them applied to the sentences being served in Australia. Then the decision to access the prisoner transfer program would be a 'no brainer'.

Now, things do not always go to plan and Corby missed out on the last round of remissions for supposedly being in possession of a mobile phone. This in itself hardly seems to be an additional crime worthy of that kind of punishment. Yet, in the light of that remission cancellation some jails now have installed public phones, which can be more easily monitored. But there are no hard and fast rules in that sense with regard to remissions that what you might lose on the swing you will probably make up on the merry-go-round!

Yet, for Corby and her Bali Nine friends that may benefit from this agreement it is still a wait and see game as not all the appeals processes have been exhausted. Generally, the agreement would only kick in after there were no further avenues of address and the sentence was in effect 'final and binding'...

Nevertheless, there are some interesting choices to be made by Australians in Indonesian prisons going forward.

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.