Aussie faces death penalty in Bali on drug charges (merged) (Updated 12/26/08)

Poor poor poor girl! I feel so much for her, her life is in ruins ... over a fucking plant! Humanity should be ashamed of themselves!
 
^ I don't know what's so unbelievable about it. From my calculations, she "smuggled" almost $40k worth of ILLEGAL drugs into a country. Getting 20yrs in prison for that doesn't seem too crazy to me :\

Not that i agree with it, mind you, but it doesn't really shock me.
 
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UPDATE!

BALI, Indonesia (May 27) -- An Australian woman was convicted and sentenced to 20 years in prison Friday for smuggling nine pounds of marijuana onto Indonesia's Bali island, prompting her mother to shout ''Liar!'' at the judge and her nation's prime minister to express sympathy.

Schapelle Corby, 27, wept as the verdict was announced in a case. She could have faced the death penalty, but prosecutors requested a life sentence.

Corby's mother, Rosleigh Rose, yelled out, ''Liar! Liar!'' and had to be restrained in the front row of the courtroom gallery. Other relatives shouted, ''We are going to get you home! We love you!''

Corby turned to her tearful parents and mouthed, ''Just relax. It's OK.''

Corby's case was closely watched in Australia, where actor Russell Crowe said last month that photographs of the beauty school student during her trial ''broke my heart.''

Australia had pressed Jakarta to avoid a death penalty and allow her to serve any prison sentence back home.

After the verdict was announced, the Australian government offered to send two senior lawyers to help Corby's appeal and said it would begin negotiating with Jakarta on a prisoner transfer pact.

''Guilty or innocent, I feel for this young woman,'' Prime Minister John Howard said. ''I ask that we all pause and understand the situation and recognize and respect that when we visit other countries we are subject to the laws and rules of those countries.''

Corby was arrested in October after airport authorities found the marijuana in her surfboard bag as she arrived on Bali for a family holiday.

Corby's lawyers alleged the drugs were planted by airport baggage handlers in Australia as part of a drug-smuggling operation and that they ended up in Bali by mistake.



But judges at the Denpasar District Court said the defense produced no convincing evidence to support that claim.

Judge Wayan Suastrawan noted that customs officers testified that Corby looked ''nervous'' and ''tried not to open the bag'' when asked to by customs officials, adding: ''Judges are of the opinion that the accused imported marijuana. She was arrested red-handed at the airport.''

Before the hearing, Corby's lawyers said she was ''terrified.''

''She's probably the worst I've ever seen her,'' lawyer Robin Tampoe told Australian television's Nine Network. ''She tries to put on a brave face but there was a lot of crying.''

After the judges issued the sentence, Corby was allowed to hug her weeping parents before being led away to jail by about 20 police officers.

Outside the courtroom, Corby's sister, Mercedes, said the family would appeal the verdict.

''This is not fair,'' she yelled. ''We will get Schapelle home.''

Corby could have faced a maximum penalty of death under Indonesia's tough anti-drug laws, which do not distinguish between marijuana and harder drugs like heroin or cocaine. It was unclear if prosecutors, who had requested a life sentence for Corby, also were planning to appeal the verdict as permitted under Indonesian law.

Corby drew little sympathy or media attention in Indonesia, where the government is under pressure to crack down on rampant illegal drug use that kills scores of young, mostly poor people each year.

Indonesia, which like Australia, imprisons scores of foreigners for drug smuggling each year, says it sees no need to grant Corby any special exemptions. Her plight could complicate improving relations between the two neighboring countries in the fight against terrorism and in the aftermath of the Asian tsunami in December.
 
Crazy huh? That about 1/3rd of a womans life will be spent in a foreign prison. But its her stupid fault that she smuggled drugs. If she did.
 
I think she is innocent. Nothing adds up so snugly.

Heartbreaking.

I keep thinking about her everyday because I dont believe she is guilty.
 
"I must emphasise that agreement ... would be unprecedented from our perspective if we were to have one because we don’t have a transfer of sentence agreement with any country whatsoever," he told ABC radio

Translation: Australian Govt better be prapared to offer some serious cash & economic reward to have her transferred.
 
vial8 said:
chapelle had her blood tested for thc and was negative.
the lesson here is that if something goes wrong while you are in a country like indonesia, your chances of getting a fair trial are pretty low.

Well, actually, lack of thc in her blood and it's relativity to a fair trial, are, well...not related.

It is quite possible that old mate Schapelle has never used in her life and has one big arse monkey gunja dealer. The point is, who really knows. I think everyone is just far too happy to find Schapelle innocent for many differerent reasons.

And she may be. And may not be as well. No one really knows and that is how we should all act. With a disinterested eye on the proceedings of her case until the actual verdict was reached.

Pity it was trial by media. Esp, the fucked up right wing press we have in this country. When Today Tonight *ever* feels it appropriate to report on any serious subject, you know things are fucked up.
 
Upset Australians won't help Corby appeal: Downer
AAP
June 5, 2005

Foreign Minister Alexander Downer has called for calm among Australians upset by Schapelle Corby's 20-year jail sentence for drug smuggling in Bali.

He said criticising or abusing Indonesia, suggesting its legal system was corrupt and sending threats to Indonesian embassies was only harming Corby's appeal.

"If you want to campaign for Schapelle Corby, then you need to support the defence team and the work the defence team is trying to do to is win an appeal and convince the judges in the appellant court, that is the task here," Mr Downer said.

"Not to abuse Indonesia, abuse Indonesians, suggest that the whole of their system is completely corrupt and you can't take it seriously.

"Keep your thoughts to yourself if you have those thoughts."

Corby, 27, a former Gold Coast beauty student, was sentenced to 20 years' jail after last month being found guilty of smuggling 4.1kg of cannabis into Bali in October last year.

She has maintained her innocence throughout, claiming the drugs were put in her body board bag by someone else.

Mr Downer said the 10 Australians before the Indonesian legal system - the Bali Nine and Corby - were going to have to face justice through that system.

"So it's going to achieve nothing going around and criticising that system except to get the backs up of the people in that system," he said.

Mr Downer took a swipe Corby's legal team's approach to stir up a public campaign over the Gold Coast beauty student's charge, asking if a campaign of public outrage was going to help her.

"The defence team thought it might be helpful to run a public campaign here in Australia and gave it a lot of profile, did a lot of interviews," he said.

"In turn the media has become very interested in this specific case and have gone into an enormous amount of detail and a great deal of discussion in the media about the case.

"The public have become involved in that and one thing has led to another.

"This is all part of a free society, people are entitled to hold whatever view they want and the media can report things how they wish.

"In the end, you have to ask yourself whether this kind of an approach is really going to contribute to Schapelle Corby's successful acquittal or not.

"And now it's going to an appeal, I think people should be thinking, if they want to campaign for Schapelle Corby, whoever the people may be, they need to be thinking about how to convince the appeal judges, not how to convince somebody living in my electorate or wherever they may happen to live."

Mr Downer denied Australia was seeking a one-off prisoner exchange with Indonesia so Corby could serve her sentence in an Australian jail.

He said the Australian government attempted to help all Australians in trouble overseas.

"I think we provide a good service, but we haven't provided a different service for Schapelle Corby, it's just that the service we provided has got a great deal more publicity," Mr Downer said.

Earlier, Mr Downer said a protest in Jakarta during which about 40 people demanded the death sentence for Corby would have no impact on her appeal.

Carrying signs reading: "Corby, drug dealer, must die", the protesters outside the Australian embassy in Jakarta on Saturday urged the Bali courts to reject her appeal and sentence her to death, as allowed under Indonesian law.

Another placard read: "Intervention no! Australia is supplier of drugs".

Link
 
being from australia myself the tv here gives a very biast view didnt see it mentioned on this thread but i was watching tv a few weeks ago before she was sentanced and not too manny people know this but her dad has been priors for cultivateing weed and her step brother is in jail for trafficing ? i think but hes in for weed not too shure wether they said trafficing or cultivateing prob both. i know its horrable that shes suck in the worst place in the world but now shes applying for an appel and this means if she dun win the appel her sentance could be increased to the death penality. but in all fairness minus her family background i dont think she did it. also watching aussie tv ive noticed quite a few holes in both sides of the story

her bag wasent weighed after she got to bali and it was weighed when she left australia...

the australian feds knew she had it and let her go though to bali

doggey aussie baggage handlers and that there is "organized crime" sourrounding the airport because they have only just installed video cameras wacthing all baggage handlers.

there is a lot more i could go on about but im shure u will know the rest for yourselfs i think the main thing that all australians and every other person in the world should realise is

dont traffic drugs being a big fish in the food chain isnt how its portrayed in movies


also anyone else know of the 9 other australians busted for importing 9kg of herrion straped to there bodys a few weeks after schapelle was busted, seriouley how fukin dumb could u be?
australians are really behind schapelle though now people dont want to donate to some charitys because they are worryed the money will goto bali and we just gave them a $1billion aid package after the tsunami

....
 
Australia not doing enough: Corby lawyer

Australia not doing enough: Corby lawyer
By Marian Carroll, AAP
June 20, 2005

The flamboyant Indonesian lawyer recruited to head Schapelle Corby's appeal against her 20-year jail sentence says the Australian government is not doing enough to help her.

Hotman Paris Hutapea voiced frustration over a lack of progress in identifying new witnesses in Australia.

He said Canberra has so far only paid lip service to Corby's calls for help to prove that someone stashed 4.1kg of marijuana in her luggage after she checked in at Brisbane airport last October.

He said a letter received from Justice Minister Chris Ellison informed him that Australia could not help bring new witnesses to Indonesia without a formal letter of request from the Indonesian government.

But such a request may not be forthcoming any time soon, he warned.

"The Indonesian government may say why should I bother, you (Australians) attacked my embassy," Hutapea said.

He said Australian government could try to persuade the witnesses to give evidence voluntarily, thereby negating any requirement for official approvals.

"We need the Australian government first to give us the complete names and addresses of all witnesses," he said.

"The second thing that we have asked is for the government to at least try to approach them to see if they will voluntarily be witnesses here, or in Australia by video-link.

"Of course, the last choice is the letter (from Indonesia) they requested, but that will take time and without a political approach from Australia our government probably won't issue it."

Hutapea said he had attached Ellison's letter to a letter he was sending to Indonesian president Susilo Bambang Yudhoyono as well as Indonesian Justice Minister Hamid Awaluddin and the court.

He said the chances of Corby's trial being reopened on the orders of a higher court would be very low if witnesses in Australia were not identified soon.

"I'm disappointed because your government is not showing any initiative to do something to help in a meaningful way," he said.

"The (Bali) High Court could decide any time now to reject our appeal," said Hutapea, a high-profile Jakarta-based lawyer who has worked and studied in Australia.

The defence appeal calls for an additional hearing to hear testimony from new witnesses including Qantas check-in personnel, customs officers, baggage handlers and closed circuit TV staff on duty in Brisbane, Sydney and Bali the day Corby flew to the resort island.

The defence is also seeking testimony from two Victorian inmates identified during the trial only as Terry and Paul, who allegedly joked about how the marijuana in got into Corby's bodyboard bag.

Link
 
Lawyer says Corby family profiteering
The Courier-Mail
26jun05

SCHAPELLE Corby's former Australian lawyer has accused her family of profiteering from her drug smuggling conviction.

Gold Coast-based lawyer Robin Tampoe quit Corby's camp yesterday after falling out with her mother Rosleigh Rose, and over allegations Corby's team had sought $500,000 to bribe Indonesian judges.

He has said Ms Rose accused him of trying to profit by gaining a profile out of the case and the bribe allegation was the last straw.

Todays Sunday Telegraph reported that Corby's sacked legal team wanted $800,000 from the Australian Government for "lobbying" and to engage a high-profile lawyer for Corby.

Perth Barrister Mark Trowell, QC, reportedly believes $500,000 of that money was intended for bribes rather than lobbying.

Mr Tampoe's departure follows that of Gold Coast business man Ron Bakir.

Mr Bakir quit the Corby camp on Friday after Ms Rose called him a gold digger who stood to personally benefit from the case.

Mr Bakir had organised media deals for the family which had earned them substantial amounts of money, Mr Tampoe said.

"I know for a fact that Ron Bakir hasn't profited one cent from any of those monies," Mr Tampoe said on Channel 9 today.

"The only people that I've seen who are profiting from Schapelle Corby being in jail is the Corby family."

Ms Rose had pocketed more than $100,000 from a media deal with the Nine Network, and her sister Mercedes Corby made $30,000 in one deal with New Idea magazine, Mr Tampoe said.

"The Indonesian lawyers have not received any money from the funds they've earned from interviews," Mr Tampoe said.

But he said $200,000 contributed by Mr Bakir has been spent by Corby's legal team.

Mr Tampoe alleged that after Corby was sentenced to 20 years in jail for importing 4.1kg of marijuana into Bali, Mercedes ran from the court and later gave an interview to New Idea for which she was paid $30,000.

Earlier, she had told Mr Tampoe she would not be able to cope if a harsh sentence was sought and asked him to see Schapelle, he said.

"I went to the holding cell amongst all the chaos to see Schapelle - I was holding her hand while she was crying," Mr Tampoe said.

"I find out down the track that she (Mercedes) ran out of there to do a live interview for $30,000 with New Idea.

"I'm holding her sister's hand while she is making $30,000 with New Idea and that, from my point of view, sickens me."

Nine said Mercedes Corby had told them she did do the New Idea interview that day.

But she was adamant she was very upset for her sister, contrary to any impression Mr Tampoe might have gained.

Mr Tampoe said Mercedes also jeopardised the defence by lying when asked if anyone in the family had a criminal conviction or connection with drugs.

He said Mercedes had denied any such history involving the family.

But just before the verdict in the Corby case was delivered, news broke that stepbrother Clinton Rose had a criminal history.

Mr Tampoe said Corby was being kept in the dark by her family about what was going on outside her Bali jail cell.

"I think she probably knows very little about how much has been earned by the family," Mr Tampoe said.

On Friday, Corby sacked the Indonesian legal team preparing her appeal against her conviction and 20-year sentence for drug smuggling.

Link
 
UPDATE

Corby shock as trial is reopened
By Cindy Wockner, Herald Sun
July 5, 2005

SCHAPELLE Corby's drug smuggling trial will be reopened so new witnesses from Australia can be called.

Yesterday's shock decision by the Denpasar High Court paves the way for her lawyers to call the 12 witnesses they say could win her freedom.

It was greeted by whoops of joy and cries of "thank God" from her lawyers and family.

Corby's sister, Mercedes, was ecstatic.

"She is going to be relieved. It is really great news," she said.

Rosleigh Rose, Corby's mother, said she was "over the moon".

"It's fantastic news and it's one step closer to bringing Schapelle home," she said.

Ms Rose called on the Federal Government to "pull their finger out" and help arrange witnesses -- including the alleged owner of the 4.1kg of marijuana Corby says was planted in her bodyboard bag last October.

"The Government can't pussyfoot around . . . they have to give the lawyers the witnesses they need," she said.

Corby's sacked-then-reinstated lawyer Erwin Siregar said the decision was a surprise, but it was now incumbent on the Indonesian and Australian governments to co-operate to get the witnesses to Bali.

A spokeswoman for Attorney-General Philip Ruddock said Australia had received no formal request from Indonesia.

She said if Australian prisoners were asked to give evidence the Government could help, but the inmates would have to agree, and "any request would need to come from the Indonesian Government".

The court's Chief Judge, Gusti Made Lingga, said that while the evidence at the trial appeared sufficient, the defence had presented "relevant" reasons for the case to be reopened, based on the doubts raised that someone could have planted the drugs in Corby's bag at either Sydney or Brisbane airports.

He said Corby could be acquitted or her sentence slashed.

But sceptical prosecutor I.B. Wiswantanu said the only witness who could help Corby was a person convicted of putting the drugs in her bag.

The hearing is not a complete retrial -- it will consider only new witnesses' evidence.

It will be heard by the same panel of three judges who convicted Corby and sentenced her to 20 years' jail.

But they will not decide guilt or innocence this time. That will be done by three High Court judges, based on a report of the proceedings.

The High Court has indicated that it wants the reopened case to begin as soon as possible, but it could be up to a month before it is organised.

The defence had asked that 12 witnesses be called, including former Victorian prisoner Ronnie Vigenser, whom the court heard was the owner of the 4.1kg of marijuana found in Corby's bag.

Mr Vigenser has already denied the claims.

Another prisoner, John Patrick Ford, was brought from Australia for the trial to tell of overhearing a jail conversation in which two prisoners named Mr Vigenser as the drug's owner.

The defence also wants those two prisoners -- known only as Paul and Terry -- brought to Bali.

At least one is believed to be still in a Melbourne jail and has said he is not involved in the case.

The list also includes Qantas and Australian Airlines check-in and CCTV officials, baggage-handling officials from Sydney and Brisbane airports, and the Customs chief at Brisbane airport.

Mr Vigenser said he was happy to tell his story in Bali, as long as his travel expenses were paid.

"Why not? F-----g oath. I'll go for a holiday and tell them what I know -- which is nothing. Not a problem," he said.

Mr Ford's wife, Rita, said he was also prepared to return to Bali.

He is on remand on charges of raping, stalking and threatening to kill his ex-girlfriend.

Corby's former Australian lawyer, Robin Tampoe, who quit after accusing her family of greed and disloyalty, said the retrial was good news.

He said an acquittal would be difficult, but a substantial cut in sentence was possible if the right evidence, including the alleged role of airport baggage handlers in drug running, was presented.

Link
 
It is impossible to prove one's innocence. One must look to prove guilt. This is the (correct) insight and basis of the American judicial philosophy, although I cannot say that it is carried out correctly.

If I single you out and say you did something, anything, and force you to PROVE otherwise, the only final evidence to that end is the PROOF that someone else committed the act...hence the insight of the mandate to prove GUILT, not INNOCENCE.

The Indonesian judge said it himself -- that is the only evidence that will free her, and he also emphasized her inability to prove her own innocence. Very sad.
 
Secret witness emerges for Corby
By Cindy Wockner in Bali
18jul05

SCHAPELLE Corby's lawyers revealed yesterday that they were hopeful of securing a "top secret" witness for her re-opened drug smuggling trial.

Erwin Siregar said details were being worked out as he had only just received the new information yesterday but that the potential new witness concerned a baggage handler or the issue of baggage handling at Australian airports.

Mr Siregar said exact details were still sketchy and he could not comment further.

If a witness emerges it will be a boon to the legal team, which has struggled for weeks to find new evidence to present to the court when the retrial starts on Wednesday.

The team had been hopeful of illustrating to the court that Australian domestic airports are used for drug trafficking, aided by corrupt baggage handlers acting in concert with drug syndicates.

By showing this, they hope to then convince the court that Corby's claim that the drugs were planted in her bag is more than a possibility and enough to have her freed or at least subject to a lesser charge and hence a much lower sentence.

When the trial reopens, the defence will have two witnesses – both Indonesian – but are bitterly disappointed at what they claim is the failure of the Australian Government to assist Corby by helping to secure others from their original list of 14.

The witnesses will be a legal academic from Jakarta and Lt-Col Bambang Sugiarto, the Bali drug squad chief. After this Corby's team is expected to seek an adjournment in order to arrange more witnesses and has resorted to calling Australian journalists who have written about those arrested over drug dealing in airports.

The academic is expected to testify about the concept under Indonesian law of "absolute truth", a term similar to the principle of beyond reasonable doubt. He will also testify about the definition, under Indonesian law, of the term "importation".

Corby was found guilty in May of importing 4.1kg of marijuana to Bali and was sentenced to 20 years' jail.

Corby's celebrity Jakarta lawyer Hotman Paris Hutapea – who will arrive in Bali today to prepare for the hearing – said yesterday the academic would be arguing that there was not enough evidence at the original trial to convict Corby of importation and that the lesser offence of possession, which carries a maximum 10-year jail term, should have been used or that she should have been declared not guilty.

Lt-Col Sugiarto will be examined about what the defence says were shortcomings in the police investigation of Corby's case, including the fact that the plastic bag containing the marijuana was never fingerprinted.

Mr Hutapea again accused the Australian Government and Qantas of not providing enough help.

Plans to have several Australian prisoners brought to Bali to testify have stalled since the Government announced it could not grant them immunity from prosecution.

"Your Government didn't approach them, basically nothing, they didn't do anything," Mr Hutapea said.

Link
 
I say the Australians get their SAS into Bali and straight up kidnap her.
 
The Daily Telegraph (Sydney)

http://dailytelegraph.news.com.au/story.jsp?sectionid=1258&storyid=3512513

Corby's drugs were mine

By LUKE McILVEEN
July 27, 2005

A SYDNEY man has made the explosive claim that the drugs seized from Schapelle Corby's luggage were intended for him.

In an extraordinary twist, The Daily Telegraph can reveal self-confessed criminal William Miller -- also known as William Moss -- says he was offered $50,000 by a drug-dealing associate to collect the marijuana from Sydney airport in October.

But the plan went awry when a baggage handler meant to remove the package refused to touch it because he feared he was being watched.

Corby's lawyer Hotman Paris Hutapea believes Miller, who lives in Sydney's west, is the key to saving her from 20 years in a Bali jail.

In another development last night, two Qantas workers who checked in Corby's luggage in Brisbane promised to testify there was nothing unusual about her bag. But this was tempered by Miller's lawyer who urged caution over the validity of Miller's story.

According to Miller, after the package containing 4.1kg of cannabis failed to be retrieved at Sydney, it was slipped into Corby's boogie board bag and flown to Bali, where she was arrested by Indonesian police.

"I was supposed to make a quid out of picking up the package but it never went ahead," he said.

"I got a call telling me to forget it because the package had ended up with the Corby girl, who was all over the television.

"I played a small part in it, but I know for a fact the drugs in Corby's bag were the drugs I was supposed to collect and distribute.

"It's just like everything in my life. I was supposed to get paid out of it, but it all hit the fan and left me with nothing."

Mr Hutapea is relying on Miller to win Corby's freedom when her appeal begins in the Denpasar District Court next week.

Mr Hutapea increased the pressure on the Federal Government yesterday, urging Justice Minister Chris Ellison to grant Miller immunity from prosecution, while still refusing to reveal his identity.

Miller told The Daily Telegraph he would only give evidence if he received immunity and enough money to leave the state.

Mr Hutapea said yesterday the Commonwealth Director of Public Prosecutions had told him immunity would not be granted while the man's identity remained a secret.

Miller's own lawyer, Kings Cross solicitor Michael Croke, told The Daily Telegraph yesterday that he feared there was little substance to Miller's claims.

"He doesn't know anything and I've told him if he's not careful he'll end up going to jail," he said.

In a series of lengthy interviews over two days this week, Miller said he wanted to save Corby from a life in jail but also demanded $250,000 for his story.

When The Daily Telegraph refused, he said he wanted to help Corby but did not want to face criminal prosecution.

"There's nothing in it for me except a whole heap of grief," he said. "How do I know I won't end up with a bullet in my head from the people I was working for.

"I originally wanted to help her out because I don't think she should be in there."

In a last-ditch attempt to get payment for his story, Miller also contacted Ron Bakir, the former Corby supporter who had offered a $1 million reward for information, before the former beauty student was convicted.
 
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