The latest in the Schapelle Corby saga has seen her climb a water tower near her cell block in an attempt to escape the prying eyes of her fellow inmates. Corby's mental woes have been well documented, as have her annual trips to the hospital in an effort to get her mental health issues sorted out. However, this latest drama suggests that things are getting worse rather than better.
Her family even suggest as much. Mercedes has said that Schapelle is seeing a psychiatrist and still taking medication. This is not so bad, but then Mercedes goes on to say that every day is difficult and that Schapelle does not look good.
It is hard to know whether to feel sorry for Schapelle. The sympathy or empathy debate really hinges a lot on whether you believe that she is guilty of the crime for which she has been convicted. If you do believe she is guilty, then it is likely you are in a camp which says, "if you do the crime, you do the time", and in any event, "prison is not supposed to be summer camp or a picnic". You might though also be in the camp that thinks she is guilty, but that 20 years for smuggling 4 kilos of wacky weed was too severe a sentence.
I think that I am in the latter camp.
There is some good news on the horizon for Schapelle, and I guess that good news is relative. It appears that prison authorities are recommending that she be granted a 4-month remission as part of the Indonesian Independence Day celebrations. It might seem much but one needs to be thankful for small mercies. Over time, these remissions build up and can end up knocking years of your original sentence.
I tend to feel if Schapelle can keep a low profile over the next couple of years, preferably with little or no publicity, then an Australian government approach to their Indonesian colleagues with respect to an early release for Schapelle might be viewed favourably. It might require an admission of guilt if it is to be in the form of a pardon. This might be preferable to Schapelle spending any more time in jail than is absolutely necessary. In her fragile mental state perhaps now is not the time to be standing on principle but rather working to get her home.
17 comments:
one needs to be thankful for small Mercies.........no pun intended?
Lawby...
To be perfectly honest, I had not even thought about the possible pun there.
Not enough sleep is probably the excuse at the moment :D
Yes I understand. Say no more. But go easy on Corbs - as time goes our pity for her plight will increase - and we will regret that we wished her inside. At worst she was running a dodgy business, but who isnt, here or elsewhere?
Lawb...
Catch-22! I think it might go easier for her if her profile reduces even further. Simply, no news is good news.
The flip side of this is the old adage, "out of site out of mind" (at least to all but her family and the die-hards like me).
It is playing out at the moment like Corby, her family, and her advisers are thinking that if she looks like a mess and continues to get worse that the Indonesian government will take pity on her and say, "Bugger it! Send her home!"
I am not convinced that they will without an admission of guilt.
Fair enough on the guilt thing, but sounds a bit schoolboyish.
I thought the OZ govt was working on something for Australian overseas prisoners - I think I read something from the father of one of the Bali Nine recently. Wishful thinking?
Lawb...
Schoolboy-ish?
The Australian government is working on something, but it still has some ways to go before being finalized.
And, I am not sure that it would be of benefit for Corby and others imprisoned in Australia in terms of sentencing and time that must be served. I have written about this issue a number of times but you can check them out via this:
http://therabexperience.blogspot.com/search?q=corby+remission
Wishful thinking? Probably not, but plenty of thinking would need to be done on whether to take "advantage" of any prisoner transfer deal.
I meant having to say sorry/to atone, is a bit schoolboyish. I have always found it a bit perplexing how even appearing sorry in Aus courts can get you a lesser sentence, if I am not mistaken.
Lawb...
I don't know whether it is schoolboy-ish or not, in that sense. I was not really looking at it from that perspective.
In a very pragmatic sense, I just cannot see the Indonesian government going for an early release without some admission of guilt.
Idont want to labour this point, but its a bit strange that the remissions come without a sorry or more apposite, a maaf lahir dan batin
Lawb...
Sometimes I wonder about your points, specifically what it is you're trying to say. Or are you simply trying to take the piss?
Why should a remission also be accompanied with a "mohon maaf, lahir, dan batin" or even a sorry for that matter?
Maaf, lahir, dan batin is simply, forgive me of my sins and the courtesy is that I will forgive you of yours as well. It really is common courtesy and about wiping the slate clean. I do not see that remissions are about wiping the slate clean or forgiving one for / of their sins.
In Australia, the procedure is a head sentence and a non-parole period. In Indonesia, it is simply a head sentence and then a series of remissions until either your sentence is up or you get paroled.
oh well...
Lawb...
If you are interested in prisoner transfer issues, then you can check this out:
http://www.ag.gov.au/www/agd/rwpattach.nsf/VAP/(CFD7369FCAE9B8F32F341DBE097801FF)~l_Statement+of+Policy.pdf/$file/l_Statement+of+Policy.pdf
Most countries are likely to have issues with the idea that Australia can set a non-parole period and modify to an Australian standard.
In the Corby case, she has already done more time than she would have likely done in Australia for a similar offense. Therefore, she would be a candidate for immediate release on parole.
Indonesia would be likely to insist on at least the 66% option for a non-parole period for Corby. However, there is also a chance they might wash their hands of the whole thing and just allow her to return.
Hence, my comments that Australians looking at taking advantage of any prisoner transfer deal would need to look at the fine print.
However, the whole discussion is premised on the assumption of course that Australia and Indonesia can reach agreement on a prisoner transfer agreement.
This may or may not happen.
you wrote: In Australia, the procedure is a head sentence and a non-parole period. In Indonesia, it is simply a head sentence and then a series of remissions until either your sentence is up or you get paroled.
I did not realise this: I merely saw remissions as a some sort of gradual down payment, or lay-by, by the govt on anticipation of final admission of guilt, and a sorry. I was wrong, ignorant of the facts. Not taking the piss at all.
However I might have been having a go at the slate cleaning process, coming up soon, because it does not go down well with me. I certainly dont want to discuss my views about it right here and now; but if you posted about it, as the holy month approaches, Im sure there would be a lot of interested readers. Has it been done before? Perhaps its none of a non-muslim's business. And yet, we often receive the call, and are expected as a courtesy (as you call it) to return it.
Further,
Although the Corby case may not be a good example, Im sure there are crimes which the covict may at some point in their incarceration admit to, and yet according to their "convictions", not want to say sorry. I guess these guys can never get a pardon
Lawby...
Take a look at the Tommy Soeharto case. The man never admitted that he ordered the killing of a Supreme Court judge, at least I do not recall that he did (If I am wrong point me in the right direction and I will make a note), and then look at how the remission system almost halved his head sentence.
This is why I think Corby and any others, if they were able to take advantage of a prisoner exchange agreement, would need to consider carefully how the Indonesian remission system might work for them in comparison to the non-parole period in Australia.
Provided Corby does not do stupid things in prison and get caught, then she is likely to get at least two sets of remissions per year; Independence Day and a religious one (Christmas for Christians, Idul Fitri or Ied for Muslims, you get the picture).
These remissions could be up to six months at a time. It is possible that she may find herself eligible for release after having served a lot less than 20 years.
Lawby...
On the slate cleaning process. I cannot recall if I have written about it or not.
Maybe I will.
I'm in the latter camp, as you described... I think she was technically guilty of transporting pot, but, enough is enough. Suffering years of punishment is sufficient, and I would like to see her pardoned on humanitarian grounds.
However, I think her zealous, but, unlikable sister, is a hindrance, although her devotion and love is admirable. If Mercedes and high profile supporters would tone it down, it would be easier to her to be pardoned.
As long as this remains a political issue with some, trying to make another gov't. look corrupt, they will hang on to Schappelle.
I think if it weren't for the huge publicity, the Corby's abrasive and corrupt reputations, and the interference of the world press, including the documentaries, this poor girl would have been sent home years ago with a pardon.
I don't have much hope for her, but, I pray she has real mercy and release soon (not her death, please God.)
Anonymous...
Thanks for dropping by and leaving a comment. Comments are always appreciated.
On the anonymous front. I generally ask my anonymous posters to adopt a pen name. This is only so I can distinguish you when I respond.
Yep, I agree. If her family and most vocal supporters pulled their collective heads in, then I think this whole series of shenanigans can end.
I cannot see that the Indonesian government is going to step in and overturn the guilty verdict and let her go. So, if she wants the pardon or clemency, then there are some decisions to be made.
Gotta have hope. Where there is no hope, then there is no desire to continue.
Pretty worthwhile data, lots of thanks for your post.
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