Quiet one
Years ago
If anyone hasnt been kept up to date, Schapelle Corby was found guilty and sentenced to 20 years jail and also fined 100 million rupiah. Her legal team is appealing.
ashman
Years ago
Well I see that their court system gives out light penalties too, I thought it was just our court system. 20 years instead of Life or even Death penalty, I think as a convicted drug trafficer in a country such as Indonesia she should be pretty with that outcome.
Panther
Years ago
There are obviously a couple of lawyers who regularly post on here, I would be very interested to hear your opinion on this...
Bizzy
Years ago
I think she should be thankful she only got 20 years when they had the option for Life or even death. No one will ever know the truth, if she did do it, or if someone did plant it in the bag. Only Corby or whoever planted it will know.
shapelle is innocent
Years ago
I think it's bullshit - and to be fined $14,000 is just a slap in the face to top it off! I will defn not be going to bali in the near future and i think its disgusting especially after what austraila has done for bali lately. Howeva i could see it happening but am defn pisst about it.
ashman
Years ago
I cant believe the public out cry that has occured - we only know the Australian media side of it.
For what it is worth - believe me if you will. A guy at work regularly goes to Bali (probably once a year regular) he has just gotten back. Whilst over there he was speaking to an ex-pat Aussie running a surf school over in Bali and he reckons that the Indonesian media is basically the exact opposite to what is being said over here. There was even reports in their media that when the bag was opened that she said "we feed that stuff to our horses". The guy who told me that is credible, I dont know the guy who he got the information from I cant vouch for him.
The verdict doesnt change my mind about going over there, I wouldnt have gone before the case, wont be going now. I could think of much better places to go to.
salt
Years ago
quote 'shapelle is innocnet':
"i think its disgusting especially after what austraila has done for bali lately"
That has nothing to do with it! They cant just give favour's or make leniencies for australians because we are generous a nation. Also everybody here cannot make a valid judgment on whether she is innocent and guilty. Unless you have been attending the court cases in indonesia, none of us have all the facts and evidence... only that given to us by the media (and you can almost guarrentee that it is sensationalised!). But we all have our opinions and we are all entitled to them i guess.
Whether she deserved 20 years or not? I doubt any of us here on this forum can say it is just or not.
The bottom line is she was sentenced based on hear-say. Hear-say from the customs official, and then the police.
I hardly rate that as hard evidence and proving beyond reasonable doubt that she is guilty... and therefore deserves 20 years.
Pegs
Years ago
We don't have the same information as what was presented to the Judges, so how can we judge the Judges?
I have similarly heard stories that indicate that whe is not the goody twoshoes that the media portrays her to be.
If you don't like Bali justice, don't go to Bali. Surely if no Australians go to Bali, that will hurt their Tourism.
ashman
Years ago
She had an illegal substance in her bagged which she packed. That isnt hear-say, hear-say is there was luggage tampering going on at sydney airport which therefore implies someone planted it in there.
"It wasnt me" didnt wash at school its not going to wash in ANY court of law.
Lloyd Braun
Years ago
Little Johnny Howard say's we should all accept the courts decision and move on.
All well and good in this instance Johnny, Schapelle will be home soon enough with the prisoner exchange deal your cooking up and more than likely end up very wealthy because of it.
Remember this when nine Australians get bullets because our government allowed them to be arrested in Indonesia, instead of arresting them here like YOU COULD have!
Piss weak, American arse kissing government!
Statman
Years ago
Its just truly amazing the coverage this story has got and the outcry from so many intelligent people. What about any other Australians overseas who are being charged with a crime and are pleading their innocence? I dont see the media climbing all over their story!
As has been stated earlier in this thread - unless we were in the court to see all the evidence that was presented there is no way to make an informed judgement whether or not she was guilty.
TR
Years ago
Hmmm, the bottom line is she was caught with 4.1kg of cannabis in HER lugguge. During the initial interview with Indonesia Customs officials, she stated that the cannabis was hers. Now, I'm not sure actually if a Customs officer has the power to arrest in Indonesia, but I would probably be safe to say that they have the power to detain until Police investigated.
Fingerprinting a boogieboard bag which is made of material, no good fingerprinting it as you will never lift them. The only thing that could possibly been fingerprinted is the bag that contained the cannabis (depending on the type of bag). For whatever reason this was not done, not sure why, but hey, them the breaks.
The ultimate penalty is death by firing squad (apparently it takes 5 minutes to die, not instant), life imprisonment or whatever the judges determine. Take the 20 years and hope that Australian and Indonesia agree to a prisoner transfer.
I'm not sure an appeal giving the jurisdiction is all that wise.
Anonymous, what's hearsay about witnesses seeing with their own eye her opening the bag which contained cannabis, seeing the cannabis and then being told by the suspect that it's her's???? No way is that heresay, that is first hand evidence from four independant witnesses.
Panther
Years ago
I think the bottom line is that we have such different criminal systems. I mean what would someone get if they were caught with 4kg of Marijuana get in Australia? Maybe a fine? 6months suspended sentence? Obviously it's going to be frowned on even more if it was imported in Australia but still no where near 20 years imprisonment. To compare that with what the Leaders involved in the Bali bombings got, (nothing if i'm right?), it is simply absurd. It was marijuana, not herion, not cocaine, not ecstasy.
I still thought that the evidence needed to be insurmountable evidence to convict someone, especially when the penalties handed out over there are so severe. I really don't think that was the case and although I know i'm not the judge and can't know all the evidence how much would we not know? If it was so irrefutable i'm sure we would know about it.
What kind of effect is this going to have on the Bali tourism industry. I think it's going to be devestating for them.
How is our illustrious leader Little Johnnie going to react to this?? Will he pull dollars from the Tsunami relief fund?? Will he help out or make contact with the Balinese Government???
TR
Years ago
Lloyd,
Bali 9 are totally different to Corby. The only circumstances that are similar are that they both occurred in Bali.
Bali 9 where caught in Bali with heroin strapped, I'll repeat, strapped to their bodies.
If you do the crime in that country you must fight that crime in that country and accept that penalty that jurisdication hands down.
Llody, please explain to me why they should of been allowed to jump onto a plane and return to Australian soils with an illicit substance strapped to their bodies. Just because they are Australians....pffft..... bad luck, that won't work. Do the crime, pay the fine!!!!!!!
Stephon
Years ago
Hey Panther,
As with most media coverage of legal proceedings it is hard to get a fair understanding from the few paragraphs in an article of the legal basis behind the decision.
Ie it's easy to be critical when you have not read the 100 page or so judgment behind the decision.
I confess to not knowing much about this case other than what you read in the papers but it certainly appears that in Indonesia a defendant has to prove their innocence rather than the reverse. Again, that is very simplistic and I obviously haven't read the judgment.
My personal view is that there is merit in the principle that you would rather have 10 guilty people out of prison than one innocent person in prison...thus the burden of proving guilt beyond a reasonable doubt.
However, I appreciate different people and different countries have different views.
So Lloyd are you advocating that the Indonesian authorities should have let the Bali 9 travel to Australia to be arrested when they got here rather than picked up over there? They should have known the risks of what they were doing, they got caught so they pay the penalty!
Panther
Years ago
From all reports the customs officer said that Corby admitted that the drugs were hers, yet she denies this. There is no evidence of her saying it and why was the bag never printed for evidence?
Stephon
Years ago
Just read your latest post Panther and agree completely.
When the penalty is in the vicinity of 20 years to life imprisonment, your would have thought (again just from the media coverage) that the defence had created enough of a doubt for her to be acquitted.
Like you said, different country, different system.
Lloyd Braun
Years ago
TR,
At what stage did i say they werent guilty?? at what stage did i say the two cases were similar??
The Australian Federal Police had them under surveillance whilst they were in Bali and knew what they were doing and where they were going, they could have arrested them in australia very easily.
Instead nine australians will be executed. TR maybe your cool with that, but i am not.
JB: In Indonesia you are Guilty until Proven Innoncent, big difference to our Justice System.
MW
Years ago
Its good to see we are all legal experts as well as basketball experts...
Panther
Years ago
Stephon, I totally agree with you when saying I would much rather people be innocent until proven guilty rather than the other way, especially with the death penalty being involved.
It's a harsh reality to everyone that if Corby is innocent then this could happen to absolutely anybody. Imagine if this was your sister, or brother, Mother or Father or even yourself. It would be so easy to plant something on someone and if your that innocent victim, simply finding the drugs on you is enough to be put to a firing squad or in jail for life.
Trust me, I know I won't be going to Bali or Indonesia any time soon!
MW
Years ago
If she was a fat ugly bloke, we would all be saying guilty. You certainly aren't an expert in any field Panther.
Bizzy
Years ago
We question why the bag wasn't fingerprinted etc and we say that this makes the legal system in Bali corrupt or wrong etc, what about Mr McGee who everyone knows was drunk and killed that cycilist, why wasn't he breath tested? We can't say Bali so bad when we do similar things here.
I just wonder how when she picked up her bag and didn't notice it was 4KG heavier? Is she that dumb? And in a body-board bag I think you would notice a bit of a bulg. I think that she should be thankful she only got 20 years.
I think that unless her lawyers are sure they can win an appeal it is a pretty risky move considering the fact that the appeals court could up her sentence to the death penalty.
Only Corby or if someone did plant the drugs will ever know the truth.
TR
Years ago
Panther,
What would of happened in Australia would be that once that boogiebag was opened and the substance viewed, the suspect at that time would of been cautioned and given her rights, and then Customs and the AFP would work together as an airport is Commonwealth Territory under the jurisdiction of the AFP and Customs.
In Australia the caution states that 'anything you say can be used in evidence'. I'm not up too speed on the law in Indonesia so I'm unsure about the powers of arrest and the caution part.
Panther
Years ago
Cheers MW. Where's your sense of humour mate? In the bottom of your pocket protector???
Stephon
Years ago
Yeah Panther,
When I went to Malaysia with my fiance, I remember how nervous I got (even though obviously not having drugs in my possession despite what the quality of my posts would suggest!) everytime we passed through bag checking areas with huge signs plastered everywhere about the death penalty if you are found with drugs in your possession.
How easy is it for someone to put something in your bag/swap bags, etc. Its happened countless times before and will happen again in the future.
Then again, I'm sure an Indonesian lawyer could argue if you let everyone get away with trafficking drugs by allowing the defence that someone else put them in your bag, drug related problems couldn't be controlled.
I guess we should be thankful of our system even if it means soft decisions are handed down more often than not.
Derryn Hinch
Years ago
What needs to be understood is that Australia's legal system and the Indonesian legal system are both derived from completely different sources - Australia adopts an adversarial approach while Indonesian is showing it's dutch roots adopting an inquisitorial system.
Lloyd: First of all that is not the case in the Indonesain legal system like in Australia the prosecution still has to prove a prima facie case (ie. that the evidence suggests that she did do it) if that can be shown then the defendant then has to provide sufficient evidence to suggest that they are innocent in all fairness (and accepting that their system is far from perfect), the authorities had her admissions and the drugs in her bag enough to suggest even in Australia that she had done it, she was not able to provide enough admissible evidence to rebut the strong evidence that the police had provided and no crying and collapsing in court does not count as evidence nor does the fact that 86% of 60 minutes viewers belive she is innocent.
One flaw in the Indonesian system is the lack of taping interviews and searches - While in every jurisdiction in Australia police are required to conduct interviews at the very least on audiotape (normally a video tape requirement) this would have obviously cured the problem with the did she or didn't she confess when her bags were opened.
In all fairness would you have finger printed someone if they had drugs in THEIR bag and they said that the drugs BELONGED to them
What it all comes down to is that if you do a crime in a country you have to abide by their laws consistent or not with those of Australia and you have to live with the consequences.
That's life&I'm Derryn Hinch
Isaac
Years ago
Put locks on your bags (only country out of 20 during my last trip where this was a problem was in the US where I think one lock was cut so they could search the bag). If you're worried about having something planted in your bags, you only have to make sure that your bag looks more secure than the next. Anyone trafficking internally via bags, as has been suggested, isn't going to stop and try to get around locks if the next bag on the conveyor belt is easier.
I will go back to Bali. More chance of being hit by a car crossing the road than there is of having someone plant drugs in your bag.
A related read is The Damage Done about an Australian locked up in "Big Tiger" (Bangkok prison) for smuggling heroin. Interesting book.
My gut feeling is that she's guilty. I don't believe that 20 years is a reasonable penalty for possession of a naturally-growing plant (as mentioned by someone further up) though.
Still, in parts of Asia, running scams, pirating media DVDs, producing counterfeit goods, or dealing is an effective way of making a living in a hugely competitive environment (either that or get a pittance doing something mundane). The penalties are obviously raised to deter that choice.
TR
Years ago
Lloyd,
If they were silly enough not to understand the risks of importing an illicit substance, especially with all the media coverage that Corby got then too bad.
So what if the AFP had them under surviellance, what difference does that make. The AFP has no power in Indonesia. The offence was occurring in Indonesia.
I don't expect any Police force in the world to watch a crime take place on their own patch and not do anything about it.
Yeah, it's sad, but hey, that's life. Indonesian officals had the jurisdiction, thus the arrest, thus the penalty has to come under Indonesia jurisdiction. They rolled the dice, got caught, that's the story.
Northerner
Years ago
What about the whole scandal of the baggage handlers though? I thought it was waaaay to co-incidental that
1. The cameras weren't working at Brisbane airport.
2. The weight of the bag wasn't released.
3. Baggage handlers have been fired over movements at Sydney airport.
4. The day Corby flew to Bali, drugs were moved from state to state via baggage handlers.
I just thought it was too co-incidental, and it wouldn't surprise me QANTAS is getting a cut from the drug runners.
Lloyd Braun
Years ago
TR,
The AFP have already admitted they informed the Indonesian Police of the Bali Nine.
Chief Wigham could have made that arrest!
Jasmine
Years ago
Pegs...while we don't have all the information the judges hae, I'm quite prepared to judge the judges based on the fact that they have NEVER found anyone innocent of any crime. Not one person. That just has to be a load of horse shit.
FMJ
Years ago
could it not be that all trials were of guilty individuals? i'd hardly make my personal judgement on that piece of information..
TR
Years ago
Lloyd,
I know the AFP stated that they had information about the Bali 9, I'm sure that AFP has information about a whole lot of people. So what...... the offence was taking place in Bali, not Australia.
If the Indonesian officals decided it was their pinch then their is nothing, zero, zilch that Australian law enforcement authoritises can do about it. They have no power in another jurisdiction.
Derryn Hinch
Years ago
Jasmine....it's a totally different legal system - yes the judges gave interviews during the trial (something that would never happen in Australia)....but she could have used what he said and actually provide evidence to show she didn't do it.
Granted the judges may not be as well trained as they are in Australia - but that is the system they have chosen - maybe you should be thankful that you live under a (relatively) just justice system - or thankful that it is not basketball experts that run our system
Remember she didn't prove that she didn't commit the crime - unfortunately she chose the wrong country and legal system to visit.
Lloyd Braun
Years ago
once again i will explain,
the Indonesian police had no idea the AFP was even in Bali and knew nothing about anyone trying to smuggle any drugs through there airport UNTIL the Australian Federal Police informed them of what these people were going to do.
This is what the AFP have stated, the Indonesian police only made the arrest at the airport because the AFP told them what was going to happen that day!
Jasmine
Years ago
FMJ...what would the odds of that do you think? To never have had an innocent person walk into their court room?
Derryn...I am very thankful I live in Australia, but I just find the whole idea of "it's a different legal system" to be a bunch of PC bollocks. Hardly any one feels the need to respect America's love of the death penalty in some states, or the old Taliban's laws restricting women's freedom. I don't think we should be allowed to be morally outraged by one system but not another if it does cause some internal conflict. That is a personal thing ofcourse, and my opinion is worth no more than any one elses in this regard.
Derryn Hinch
Years ago
Jasmine....while one never should have to feel that they must agree with what other systems do - be it death penalties or a lack of gender equality - what needs to happen is that people must repsect that a lot of these places are democracy's representing the will of the people that live there - when we visit these countries we are there as guests not as the 'morals' police
Australia does not have a Bill of Rights - and will probably never have one - we are not protected from our system turning agasint us at all - I think before anyone criticises another country's system we should take a good hard look at our own!
I can't believe I'm saying this but I think Bizzy made a valid point up there about Eugene McGee!
TR
Years ago
It's called sharing information. If someone broke into your house, raped your cat, raided your fridge, stole all your electrical goodies and your neighbour watch that person do it and said nothing at the time, how pissed off would you be....
The criminal network is far greater than the law enforcement network, how do you think Interpol works, sharing information, all Police Services around the world share information, they have to because they didn't have jurisdiction to act outside of their space.
It's the only way they are going have a chance of stopping this type of offence occurring.
What disturbs you the most, the fact the 9 people got caught smuggling an illicit substance, or 9 Australian's got caught smuggling an illicit substance????
Panther
Years ago
I can't say she is innocent or guilty, but who in there right mind would risk entering a country who punishes drug smugglers with the death sentence with 4kg of Marijuana? What knid of coin would she have made over there? My guess would be less than if she sold it here. If your going to try and smuggle drugs at that risk, at least take something which will actually make you some money if your succesful!
And no kids I do not condone the use or import/exportation of drugs!
And to Bizzy, for your earlier post, you asked the questions..."I just wonder how when she picked up her bag and didn't notice it was 4KG heavier? Is she that dumb? And in a body-board bag I think you would notice a bit of a bulg." Do you actually think she was taking over an empty Body board bag? She would have had a board in it mate, so once they took the board out and filled in with 4kg of weed in a bag somewhat shaped like a board you couldn't see the difference. The question is weight. I actually thought that a board would be around the weight of 4kg but most people feel Corby should have noticed the extra weight, so it must be heavier.
Who knows!
FMJ
Years ago
Jasmine, well, they're arresting them for a reason, so I'd say there's a good chance..
i also agree with Bizzys point.
Lloyd Braun
Years ago
"It's called sharing information"
So we share info with a government that has just sent "Bashir" loose after killing more than 100 hundred australians in the Bali bombings and now we owe them a good arrest??
thedoctor
Years ago
I admit that we are not privvy to ALL information, but I think I have seen enough to have a semi-informed opinion.
You can't compare Corby with the Bali 9. They had the drugs strapped to their bodies. Corby's was in an unlocked bag. Anybody could have put it there. There is overwhelming evidence of organised drug smuggling in domestic Australian airports that MUST be considered in this case.
She had no motive to take the drugs there. Weed is dirt cheap in Bali. Even if our weed is of higher quality (hydro), factor in the exchange rate, and she would be losing money big time.
Anybody who says she was a drug user is not being sensible. Everybody dabbles a bit, or has. This is Adelaide. Weed is f*cking everywhere.
But 4.2 kilo! Cheech and Chong would be proud of that!
It doesn't make sense.
The other factor is that she is the stupidest person on the face of the earth. I don't think she is.
You must also consider the other agendas at play here.
The Indonesian judicial and police system is renowned for being corrupt. Hard-line religious groups that would happily have all westerners (Aussies included) kicked out of Indonesia are very wealthy and have a big influence in politics etc. I don't see the judicial system as being independant. Corby has been made a scape-goat, she has been used as an example. How many people have you heard say "I'm never going to Bali again." That's the same result the Bali Bombers were looking for. Now they have it.
Chapelle is innocent, I believe. The most simple explanation is usually the right one. Someone used her as a mule between Brisbabe and Sydney, and then couldn't get the weed out of her bag.
To put it in context, many of those found guilty of being involved in the Bali bombings received sentences of a few years. Is that justice?
I make my comments without knowing the workings of the Indonesian judicial system, but anyone with half a brain can see that she had nothing to gain by taking it there. Drug traffickers are motivated by addiction or money. In this case, none of these factors were in play.
The Aussie govt cannot interfere with the affairs of a sovereign state, but I believe they could havedone more to help her within the confines of Indonesia's judicial system. As soon as rumours of an organised drug smuggling operation involving Sydney airport workers came to light, a full scale inquiry should have occured, and this highly relevant evidence should have been provided to the Court.
Derryn Hinch
Years ago
Lloyd: Regardless of where they were arrested the drugs were on their way to Australia's 50 thousand daily heroin users - if something had happened and they had slipped through the net - the heroin would have hit AUstralia's shores.
I tell you what...I would much rather 9 heroin traffickers die than countless numbers of addicts either die or have their life (and teh lives of their familieis) ruined!!
FMJ
Years ago
panther, are you sure that they removed the body board? wasn't the dope in the front pouch? ie in addition to the board?
TR
Years ago
Yes, it's called information sharing, and it's up to the person or people that the information is given on how they decide to use that information.
thedoctor
Years ago
It doesn't matter where the weed was. She had no reason to take it there. Use your brain people. She would have paid more here for it, or been able to sell it for more, at least. No one can smoke four kilos. That's one massive session.
I will say I have no sympathy for the Bali Nine. I'm not defending Corby because she's an Aussie or for the ridiculous reason that she's more attractive than the fat chick from the Bali Nine. She flat out didn't do it IMO
TR
Years ago
Agree with you 100% Mr Hinch, better of 9 heroin traffickers are killed for traffiking and illicit substance then letting the thousands of hits that would of wound up on the street if that stuff landed in Australia.
I have seen first hand what that shit does....
in indonesia weed is a class A drug just as they class herion.
they don't believe it a soft drug
EC
Years ago
Stephon, drug related problems in Indonesia are no more under control with the harsh penalties in place than if they didn't have harsh penalties. The reason being is the people trafficking drugs are not the ones caught with them. In many cases it is innocent travellers that end up with the drugs in their bags without their knowledge. There is no proof that this was the case in Corby's case but I don't believe that the verdict handed down reflected a "guilty beyond all reasonable doubt" verdict. Just the fact that drug trafficking is just as rife now in Indonesia as it has ever been, suggests that their system is not working. I don't doubt for a minute that innocent people have lost their lives because of this system. One consolation for Corby is that she didn't get the death penalty. You know what they say about where there's life there's hope.
jezzalenko
Years ago
Corbys situation is similar to that of the hostage in iraq. The iraq justice system is very fragmented and you have factional groups that believe, sincerely, that they are the law. They are wrong. Their views are diametrically opposed to ours and we send our military in there and put prices on their heads.
She is in a foreign environment and has been taken captive in extremely dubious circumstances. Whether she is guilty or innocent does not matter. The fact is that their burdon of proof is so far opposed from ours that it has parallels to the hostages in iraq. I beleive we should consider all diplomatic options to Corby out and failing that covert military options should be considered to get her out.
The bali9 is different. The burdon of proof in that case appears to be there - false passports, regular trips to bali, drugs strapped to bodies etc. etc. I dont have a problem with a country having tougher penalties than our legal system but our burdon proof is the pillar of our legal system.
Im not racist etc. - all people of all colours, races, religions should be treated the same. However not all value/moral systems are the same. We with our allies are a dominant country over indionesia and its our western values that make us better than indionesia. Like George Bush says you are with us or against us. Indionesia is against us with this judgement. Send in the military!
Mix Master Wipe
Years ago
I wouldnt wish jail time upon anyone and i feel sorry for her if she really was innocent.
Ive got a feeling she did really do it though,its just the vibe!
Her body language and a few other factors,make it seem to me that she really is guilty.
Her sister outside the court after the verdict was colourful.
Dougie
Years ago
If this trial was held in Australia she would not be going to jail simply because there in enough evidence, for there to be reasonable doubt that she did do it. simple as that.
....and how can people say that we don't know all the evidence that the judges are shown? anyone that has followed the trial knows that we are updated almost daily of any new information brought forward, and for me it is pretty obvious that there is enough to say that maybe she didn't do it, and in most countries would be enough to get her off.
Unfortunately for Corby, this isn't the way they do things in Indonesia. The judges even said that someone has to pay for this crime, so unless someone can come up with a name of someone that planted the weed in her bag, Corby has to take responsibility for it, which I think is a very harsh and narrow minded system.
Wether or not she is guilty, anyone can see that there is enough evidence to say that she might not be, and that is why she should not be found guilty.
Doctor E
Years ago
"The bottom line is she was sentenced based on hear-say. Hear-say from the customs official, and then the police."
That's not hearsay, that's direct evidence.
Hearsay is when the story has been passed through several people, such as the that given by that Ford character.
Isaac
Years ago
EC: "The reason being is the people trafficking drugs are not the ones caught with them. In many cases it is innocent travellers that end up with the drugs in their bags without their knowledge."
Can you please list these many cases? Besides the Corby case, I've heard of one person finding dope in their bag and calling DFAT, but that's it.
Traffickers are caught (Bali 9, for example). Out of three recent cases, that's 9 caught, 1 innocent with drugs in their bag, and 1 who-knows-about-Corby.
Dave
Years ago
It was my understanding re: the Bali 9, that the AFP had tracked the drugs into Indonesia From Malaysia and therefore could have blown the whistle in either country or preferably Australia (as there is no death penalty here).
TR
Years ago
Dave, Why should the Bali 9 aka Heroin Traffickers be allowed to import this shit into Australia.
As I said earlier what is people's major concern??? Is it that 9 people got caught trafficking heroin, or is it that 9 Australian's got caught trafficking heroin.
Would all this be an issue if it were 9 french people, or 9 sri lankaians? I think not. A heroin trafficker is a heroin trafficker regardless of where in this world they come from and should face the crime where ever they are caught. The AFP didn't make them traffick heroin through Bali!!!!
Eastern Lowland Gorilla
Years ago
She's lucky she wasn't executed. This trial has pretty much ruined the tourism industry for Bali (especially Australians) and to get away with 20 years, when found guilty, is very very lucky.
Wannabe QC
Years ago
Here is a legal point of view on the case - I am studying law at the moment and have taken an interest in the legal facts in this case and this is how I see them.
Firstly, in Indonesia innocence is assumed until guilt is proven, so the burden of proof of guilt lies on the prosecution. It is not guilty until proven innocent as some may beleive.
Secondly, the Indonesian legal system is a common law system, much alike the system in Australia. This means that decisions delivered in courts in Indonesia set a precedent for all future decisions, courts must follow decisions that have handed down by courts higher than them.
Thirdly, and most importantly, the common law in Indonesia DOES NOT state that for a defendant to be proven guilty of drug trafficking the have to have knowledge of possession. In other words, it matters not whether Corby knew of the drugs in her bag, it only matters that they were in her bag, full stop.
Also we must note that extrinsic evidence from other countries (such as the evidence of baggage handlers smuggling drugs in Australia) does not have to be considered by the judges in making their decision. This is why they eleceted to disregard that evidence during the trial.
So where to from here??
There will be an appeal by both the prosecution and the defense to the next highest court (High Court of Indonesia) and then, regardless of the decision in this court, there will most definately be an appeal to the highest court in Indonesia (Federal Court of Indonesia). In this court the decision in final and no more appeals can be lodged. Here the judges do have the power to change Indonesian law and make knowledge of possession a requirement to prove guilt (I beleive that this is quite likely) or they will sentence Corby to whatever penalty they see fit.
It is an unfortunate position to be in because either way Corby will be spending a long time in custody in Indonesian jails.
These are the facts of the case and it is a little unfortunate that what the media has focused on has little or no importance in acutally proving Corby's guilt (or innocence).
And one final thing, it is extremely unlikely that any political influence in Australia or Indonesia will have any major effect on the case. This is the principle of the separation of powers and mainly stops parliament interfering with judicial matters (even though we all know how corrupt Indonesia's government is).
Corby's position is very unfortunate and very disheartening to any travellers to Indonesia and I hope that eventually justice is served, whatever that justice may be.
I hope this has cleared up some uncertainty.
EC
Years ago
Isaac, I am putting two and two together here in making the statement that I did. With such harsh penalties, why would there still be so much drug trafficking occuring in Indonesia? If the death penalty is not a deterrent, what is? Who in their right mind would take in Marijuana which has little street value and risk their life doing so? Who in their right mind would put it in an unlocked bag.
Once again I'm not saying she is not guilt, what I'm saying is that I felt little evidence came out to support her guilt. Also I heard her boogie bag was weighed in Brisbane when she checked it in. If she had no contact with this bag until she arrived in Indonesia, wouldn't there have been a weight discrepancy?
TR
Years ago
Wannabe QC, a lesson that budding law students must learn is that at times justice sometimes is not served at Court regardless if it's a local court, magistrates, supreme or high court.
I think you hit the nail right on the head when you said that the proofs for possession is exactly that, the cannabis was found in her baggage,which equals possession under Indonesian law. The Judges acted within the Indonesian law with the power they had.
Justice
Years ago
I must say, there is more to this story and the people involved than meets the eye....
If schapelle was inocent, when she opened the bag in Bali and saw it there, why wouldn't she have freaked out, rather than quietly close the bag as she said she did...
she must have also realised when coming of the carosel that the bag was thicker and heavier. Deryn Hinch made some good points relating to this... Also Schapelle has been over to bali several times in her life time and would know locals.... selling drugs is a big business for the Balinese people.
At the same time, if her defence team was going to use the 'it wasn't me' argument, how come they haven't made more severe attempts to prove who it actually was. If you are going to hand the blame on, you must have someone to hand it to.
More so in her closing statement to the court she pleaded with the judge to let her go and, it wasn't me and i'm sorry for not putting a lock on my bag. If I was innocent I wouldn't plead with a judge and I wouldn't ever use the word sorry, no matter what I was apologising for! I would actually be putting myself in a position where I would be found not guilty with solid evidence and be in the position to put in a civil law claim for the defemation and hardship that I would have gone through.
However, the thought that there could be baggage handlers that are helping crime is scary and needs to be investigated 110%. We want a clean society and clean airports for people to enjoy their travel.
As for those 9 people arrested in Bali more recently... I read an earlier thread that blames the government if they are sentenced to death by firing squad. This is a load of bollucks and this person should pull the head out their butt!! They had it taped to them they it inserted in them, they had it everywhere. The screening process in Australia does need to be re-assesed as they got through customs okay here (although the main check point for that type of thing when travelling is when you land and go through Quarantine). However, it doesn't matter where they get arrested - fact remains they did something very stupid. They would have realised the risk involved - let the Indonesian government do their job and protect their country how they see fit. Shoe on the other foot - we would want that of any other country...
And remember, not everybody is as innocent as first portrayed. There is more to what meets the eye!
EC
Years ago
Justice, "If you are going to hand the blame on, you must have someone to hand it to." This is the most pathetic statement I have ever heard. Only Corby knows for sure if she is guilty or innocent and if she is indeed innocent it does not mean she knows who did it. You are saying that if she didn't do it, she has to know who did.
Also, who is to say she didn't "freak out" when she saw what was in her bag? Even if she knew it was there, the realisation of being caught and possible death penalty is enough to make anyone "freak out".
"Also Schapelle has been over to bali several times in her life time and would know locals.... selling drugs is a big business for the Balinese people." This is just as much circumstantial evidence against her case as all the evidence for her case that was dismissed. If a decision was made based on the evidence presented, then the fact that she had been to Bali several times could not be used against her. She didn't get caught with drugs on previous visits, so what makes this visit one that was deliberately intended for smuggling drugs?
Sorry Justice, your arguments do not make sense. Does anyone know what proof the judge took into consideration when handing down a guilty verdict? He says the decision was made on what was presented. What was presented that proved guilt?
Isaac
Years ago
With such harsh penalties, why would there still be so much drug trafficking occuring in Indonesia? If the death penalty is not a deterrent, what is?
EC, I don't know what your travel history is, but I have seen a bit of Asia (China a couple of times, Vietnam, Cambodia, Thailand more than a couple of times, Malaysia, Singapore, and Bali twice) as well as a few other countries where a substantial number of people struggle to get ahead or create a satisfactory life for themselves (Peru, India and Sri Lanka, for example).
For many people in these countries, running scams or trading in counterfeit or illegal goods is an attractive option. Anyone visiting these countries has been offered drugs, seen counterfeit goods or survived scams. The police and so on are often corrupt (Philippines, India, etc) and those drug-sale earnings can buy off a conviction.
When the alternative might be living in a slum, the risks are less of an issue (this is a slum in Mumbai that I walked through -- that "beach" is pure, rotting garbage; the water is garbage soup, and this is only the point nearest richer areas!). When the competition is so fierce and the alternative is so poor, it doesn't surprise me at all that people would risk execution or gaol to get ahead. Dealing drugs doesn't require a tertiary qualification, just the willingness to take the risk and street-smarts.
EC
Years ago
Isaac, I have never been to any Asian countries and would never go to Indonesia purely for fear of having my bags tampered with. I agree that for the people living in the slum areas and unable to make a good life for themselves, then the risks are less of an issue. However, Corby didn't live in the slums. Her lifestyle here in Australia was a much more comfortable and civilised one. For that reason, the risks to her would have been seen as much greater.
Big PhiL
Years ago
the Australian Gov should try and take back to Australia and then set her free. She might've done it but if she did she has done a dam fine job of hiding the fact and she deserves to set free
Isaac
Years ago
EC - you'd get thrown in prison for possession in the US too. Circumstances could fall against you just the same too. Better to die standing than to live on your knees, as they say.
The risk is minimal -- thousands of Australians go to Bali every year and this is the first case in at least 5 years. You can't hide at home because a drunk driver might hit you on the roads!
I flew 30-40 times in 1993/94 between a number of countries and had no problems at all. Lock your bags and cross your fingers, like I said. Seeing such diversity is an incredible experience!
Would you go to Singapore? To Thailand? Or would you only fly into Amsterdam?
EC
Years ago
Actually, thinking about it I lied in saying I have never been to any Asian countries. I had a stop over in Singapore and Bangkok between Australia and London and then Rome and Australia. I didn't leave the airports of these countries however, so I guess I would have been safe in that I had no contact with my lugguge in these countries.
This particular trip was made leaving Australia 2 weeks after the September 11 bombings. This was a time when millions of travellers were cancelling trips for fear of terrorist attacks. I had family and friends urging me not to go and worse still take my daughter with me. In spite of this, I had no fear whatsover travelling at that time. I do however have a great fear of going to Bali and risking baggage tampering. I have no hard evidence of this occuring over the years but my instinct has always been that it is a real risk. The risks may be minimal but there are many Australians in Indonesian prisons charged with drug smuggling. Its just that it hasn't been as well publicised as the Corby case.
EC
Years ago
Correction, September 11 terrorist attacks, not bombings.
Elsie Cooper
Years ago
Now this is just my rant, agree, disagree, add, subtract, fire up, opinionate, speculate, whatever! But the Schapelle Corby case is probably the biggest load of bulls##t I have ever seen. This post is a big stuff you to the majority of Australians.
corby is a young australian and she was found with 4kg of weed on her, but no one actually knows if she did it or not! this is why the trials are in indonesia she was caught there with the drugs!! i dont understand why so many people dont see this, this is the law in indonesia, why should australia be exempt from the laws?
Who are we to talk of unfair legal systems when we have a lawyer who committed a hit and run on a cyclist but got off without even a sentence all because he is a big shot lawyer with a lot of money. So don't tell me about corrupt legal systems! We have a DETENTION centre full of foreigners and refugees (many Indonesians) who are locked up for years without ANY looking into. So who are we to say unfair legal system?
Imagine what the reaction would be from the majority of Australians if an Indonesian was arrested and they wanted them trialled in their country it just wouldn't happen. It seems like because we are western and because they are Asian that somehow we have a better system, or deserve more. Its just plain underlying closet-racism and white superiority being that we think we know better.
Australians have to wake up and look at ourselves for a change. We are so hypocritical when it comes to other countries laws and people, though are we any better? No
I cannot express my disgust at the thousands of people around Australia ringing charities who they donated money to and asking for a refund (referring to the Tsunami appeal)....excuse me?!?!?! innocent or not, it is not the legal system of indonesia that we have given this money to. IT IS ####ING VICTIMS OF A HORRIBLE NATURAL DISASTER! A ####ING TRAGEDY! anyone who even dares claim that we deserve that money back is a piece of s##t. straight out, a piece of s##t. i'm not sugar-coating this one. clearly, if you can demand that money back this easily then you never actually cared about humans in trouble in the first place, and the only reason you donated or anything like that was to look like you care, and clean your conscience.so much for a generous country. We have so much here compared to what Indonesians have, especially those that lost everything due to a tidal wave. Why should they have to suffer because some fat westerners are pissed off with a court case because they realised that Indonesians weren't going to be walked on by Australians. To the Australians who are boycotting Indonesian products and holidays it's the same deal.
To the Australian parents telling school and universities that they shouldn't teach Indonesian and to the thousands of kids that have been pulled from Indonesian classes and are no longer studying Indonesian this case is a RESULT of Australians not understanding Indonesia, pulling your children out and refusing to learn/understand their culture just creates a bigger divide and a lesser understanding it is making the situation worse. We need to be educated to be able to understand. Is a boycott and show of arrogance really the answer?
so okey, here's how it goes. marijuana, as a substance, is really so much less dangerous to people than what is legalized, than alcohol and cigarettes. most people know that, or at least anyone who has spent a few minutes with a stoner who has the munchies compared to say, a laid off man who drinks himself to sleep nightly or someone who you hate to see blowing half of their pay each fortnight on cigarettes. i've seen people budget cigarettes before food in their priorities. but that's a separate rant, anyone getting 20 years for trying to distribute marijuana is pretty stupid in the scheme of things, granted. and we don't know if she is guilty or not, no-one does. but that's exactly the thing, she was caught, and according to the law, which we all know is stupid and not designed to benefit the proletariat most of the time, she has consequences to deal with.
the only thing that we know for sure is that to debase an entire country and their culture and their products simply because of a select few and their jurisdictions is borderline racism.
I still think it kinda sucks that she got 20 years for drug smuggling. I think its fairly harsh. But ####, all this anti-indonesia bullshit is just ignorance
thats my rant for the day
Isaac
Years ago
I'll also add that a penalty must remain as a deterrent. If news of dodgy baggage handlers can get you off for trafficking, there is nothing stopping people trafficking and then using that as a potential excuse should they be busted.
cheezeburger
Years ago
first of all we have to respect the indoneasion justice system, it is the oppostite to ours.they cant prove her innocent yet.what the hell are her lawyers doing.get her out of there.
Mott the Hoople
Years ago
I can't believe the number of rednecks on here.
jessie
Years ago
Not for one second do I believe that Schapelle Corby is stupid enough to knowingly enter a country as backward as Indonesia with that dope in her bag. Even less that she would blurt out a confession to the customs official and again, even less that she would smuggle stuff the _wrong_ way economically speaking. There is no logic, sense or motive - nothing save the "discovery" of the dope in her bag. But what there IS (to my observation) is an appearance of "sticking" it to the Ozzies and generally making Australia seem weak and innefectual. Too bad for the girl. From what I gather she won't live very long in that Indonesian jail which apparently makes Devils Island look like a resort. Pity.
Isaac
Years ago
A few things not reported in the Australian media, lest it sways the local judgement. None of this is incriminating, but it definitely goes against the selective reporting we've been seeing!
- she married a guy called Kimi in Japan and then filed for divorce
- Corby's father was busted for possession of marijuana in the past, and also denied it
- her half-brother has a string of convictions (including two for drug possession) and is in gaol
- Australian dope is prized over there because it is of a higher quality
- Westerners and locals alike prefer to buy Australian dope in Bali from Westerners because buying from locals gives a very real risk of buying from an undercover policeman ("It's safer for foreigners to bring their own,' he told the paper. 'It's been happening for quite some time.")
We're led to believe that prison life will be hell, but "...for those with a bit of cash, and friends on hand, life can be relatively tolerable,' reported The Age on Friday. 'Prisoners can eat and drink whatever friends bring them, furnish their cells, own handphones and have full contact visits five days a week, which is unheard of in most jails.'"
It quoted Scottish inmate Robert Fraser, 45, as saying: 'It's no hell-hole here. If you are going to be in prison in Asia, this is the place to be.'
"Four Balinese customs officers and policemen testified that she tried to prevent an official from opening the bag."
More info.
That's fairly incriminating...
Jessie, I think this information goes directly against a few of the things you've said. Were Cambodia and Vietnam also "sticking it to the Ozzies" when they picked up Australians for trafficking in their countries?
smokinkj
Years ago
i say boycott bali!!!! can u all see what they're doing here? the indonesions are making an example out of us ozzies!!!! they can't let the schapelle thing go our way in any respect because to them it shows weakness... look at all the things that have happened to them that oz has been somehow involved with, the indonesians don't won't to show any weakness to austrlian in front of fellow asians. they are going to continue coming down hard on ozzies. besides which, that arrogant prick of a judge has heard 500 cases, and never found a single person not guity... schapele was screwed form the start
smokinkj
Years ago
oh and if it's not already bleeding obvious, i'm with the other 90 per cnt of you who believe the girl's innocent
Sir Spark
Years ago
Sources inform us that Corby had been to Bali 30 times in the last 24 months...coincidence? I think not, me thinks they were "business trips"
Lucky to get 20 years
Only positive is that she was taking drugs out of our country...if someone gets screwed at least its not Aussies.
MaRe
Years ago
This is just a thought. Has any of her lawyers thought about the weight of her baggage? Surely there is a record of how much her bag weight in Brisbane when she had it checked in. If it didn't weight exactily the same in Bali, someone must have messed with it.
Edwin Cameron
Years ago
IF THE BAGGAGE HANDLERS WERE INVOLVED,WOULDN'T YOU THINK THEY WOULD USE A BLACKENED PLASTIC BAG SO IT WOULDN'T BE NOTICED WHEN PICKED UP AT SYDNEY AIRPORT BY THE ACCOMPLISS THERE? NOT A CLEAR PLASTIC BAG FOR ALL AND SUNDRY TO SEE,SURELY THEY WOULD HAVE THOUGHT OF THAT.GOT A GUT FEELING THE BROTHER KNOWS MORE THAN HE'S LETTING ON! ED
Isaac
Years ago
I've got a gut feeling you don't know where the caps lock key is...
lockstock
Years ago
and did it take 1 whole year for you to come to that conclusion??
Anna
Years ago
How can you say she is lucky to get 20 years?!?! Yes its better then the death penalty but its still a very unjust sentenced. The fact that the initial punishment for drugs in Indonesia is a death sentence is ridiculus and just down right primitive. This would never happen in the US. The irresponsible handling of important evidence would not happen either. There is no way that Corby Schapelle is lucky to be in the position she is.
Anna
Years ago
And also to those of you calmly stating it is a pity, shame on you. Do you have no sympathy? This person must spend 20 years of her life in prison, a foreign prison none the less for something she obviously did not do! She will be almost 50 when she gets out. Who cares if the Indonesian government is trying to stick it to the Australians, its not about that, its about her, her unjust sentence and how we can help to get her out. Thats all anyone should think about now
Sturty6ers
Years ago
A little saying comes to mind.....
'Those who live in Glass Houses......'
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