Schapelle Corby

Schapelle Leigh Corby (born July 10, 1977) is a beauty student and a convicted drug smuggler. She was arrested by Bali customs agents in October 2004 at Ngurah Rai airport on suspicion of smuggling 4.1 kg of cannabis into Indonesia. On May 27, 2005, she was found guilty and sentenced to 20 years jail. She was also fined IDR100,000,000 (AUD13,875), with an additional six months if the sum is not paid.

The verdict in the Corby trial was broadcast live on television in Australia, and the Nine Network television coverage was also broadcast live in New Zealand. The coverage included the trial outline, of some 80 pages, the verdict and sentencing.

The defence and prosecution now have seven days to appeal, after which the case could procede to the High Court, which would then have 150 days to make a decision. If a further appeal were to occur, the case could ascend to the Supreme Court, which would then have 170 days to reach their decision. Both sides have indicated they would appeal the verdict.

The Corby case has generated intense controversy in Australia, where the prevailing public opinion in support of Corby has confronted the Commonwealth Government and caused tension in the relationship with Indonesia. The matter recalled the Barlow and Chambers execution of 1986, in which two Australians were hanged in Malaysia for drug offences.

The Trial

Prosecution

Schapelle Corby said that the customs officer pointed at her bag and asked her brother if the bag belonged to him. Corby replied that it was hers. She opened her bag without being asked by the customs officer.

The customs officer, Gusti Nyoman Winata, gave a different version of the event. He said that he asked Corby to open her bag and she opened up an empty compartment of the bag. When he demanded a different compartment of the bag to be opened, she tried to prevent him from performing his duty. Corby's defence rejects these claims.

According to Professor Tim Lindsey, Director of the University of Melbourne's Asian Law Centre, the prosecution had a prima facie case against Corby, established merely by her possession of the narcotics, regardless of her knowledge. In a lecture given at Melbourne University, he said "Suffice to say that being caught with drugs on you, whether strapped to you or in a bag that is your property, is probably going to be sufficient in most instances for the prosecution to establish a prima facie case. The question then arises as to how that prima facie case is answered by a defence team."

Defence

John Patrick Ford, a remand prisoner in Port Phillip Prison, Australia, has given evidence in Corby's defence. Ford previously worked as a public servant for the (Australian) Child Support Agency (CSA), a department of the Australian Taxation Office, before his conviction.

Ford stated that he overheard a conversation within a prison between two men and alleges one of the men planted the marijuana in Corby's boogie board bag in Brisbane with the intent of having another person remove it in Sydney. Ford went on to state that a simple mixup resulted in the marijuana not being removed and subsequently being transported to Indonesia, all without Corby's knowledge. Once in Indonesia the marijuana was quickly located by Indonesian customs officials.

Ford stated that the drugs were owned by Ron Vigenser, who had been a prisoner at the same jail as Ford (but was recently released) but has refused to name the man who he states planted the drugs for fear that he, and possibly Corby, would be killed if he did so. Vigenser has strenuously denied any connection with the drugs in the Australian media and has reportedly given a statement to the Australian Federal Police.

Following communication from Corby's legal team and the Australian government, the Indonesia government made a request under the Mutual Assistance Treaty for Ford to be transported to Indonesia to give evidence.

The prosecution has attacked Ford's evidence, pointing out that his evidence is entirely hearsay and that he is facing trial for several serious offences and that he may have wanted a "taste of freedom" by testifying in Corby's trial.

An AUD1,000,000 reward has been offered for information to substantiate claims made by Ford about baggage handlers.

Since returning from Bali, Ford has been bashed and stabbed in jail and is now in solitary confinement for his own protection. [1]

Involvement of Ron Bakir

A Gold Coast business man, Ron Bakir, is personally funding a significant part of Corby's defence. Bakir claims to have no relationship to Corby other than being from the same city. Bakir reportedly decided to assist in funding Corby's defence due to his belief that a miscarriage of justice could occur if she was not properly represented. Bakir has pledged AUD100,000 towards the AUD1,000,000 reward fund.

Prior to the prosecution announcing their sentencing recommendation Bakir accused the prosecution team of seeking a bribe to reduce the requested sentence. The prosecution team and the Indonesian government vehemently denied that this occurred. Corby's legal team have openly admitted their anger at Bakir making these statements before the sentencing recommendation, fearing that it may have encouraged the prosecution to seek a more severe penalty.

Bakir has recently registered a Company titled Schapelle Corby Pty Ltd [2], causing others to raise doubts as to his motives. Corby's father (who was himself convicted of a drug related offence [3]) has also expressed his concerns about the true intentions of Bakir.

Conduct of the case

Media interest in the Corby case was intense. The Australian consulate put pressure on the Indonesian government to avoid a death penalty sentence, and to agree to allow Corby to serve some or all of her prison term in Australia under a transfer agreement, should she be convicted. Australian Foreign Minister Alexander Downer has stated that Corby will serve her entire sentence if transferred, with no question of a retrial. Alexander Downer also revealed after the verdict was announced that the government had provided an undisclosed amount in financial assistance and had offered the the support of two Queen's Counsel experienced in dealing with Asian legal systems who had agreed to help the defence pro bono but this was rejected by the defence. In the same interview, he revealed this offer would be renewed for the appeal and urged the Corby to accept this offer[4].

Alexander Downer also revealed after the verdict was announced that the government had provided an undisclosed amount in financial assistance and had offered the the support of two Queen's Counsel experienced in dealing with Asian legal systems who had agreed to help the defence pro bono but this was rejected by the defence. In the same interview, he revealed this offer would be renewed for the appeal and urged the Corby to accept this offer[5].

The Nine Network produced a television programme which employed a device last seen by the Australian public during the 2004 federal election: the so-called worm. This entailed a small audience, with each audience member possessing a small controller, being shown footage of an interview with the alleged smuggler. The response of the audience, who are encouraged to convey their positive or negative reaction to the footage as it is being played, is combined into a single line graph similar to that produced by a seismometer.

File:SchapelleCorbyInCell.jpg

Schapelle Corby in prison in Bali, Indonesia

Prosecutors requested a life sentence with a fine of AUD13,400. They stated that they asked for a lenient sentence because of Corby's politeness in court. Outside the courthouse following proceedings, Chief Judge Linton Siriat did state that he could still impose the death penalty by firing squad if he and the other judges find Corby guilty.

By the conclusion of Corby's trial, when prosecutors were preparing to announce their recommendations for sentencing, Corby's health appeared to be under obvious strain. On April 14 Corby collapsed in the courtroom (a fellow prisoner, to whom she had been handcuffed, had also collapsed en route to the courtroom, while the pair were under a barrage of Indonesian and Australian cameras). Before suspending court proceedings, Chief Judge Linton Siriat made a pointed observation suggestive of his doubts about Corby's honest behaviour in respect of her health; the trial was deferred so that the court could seek medical advice from the prosecution's doctor on Corby's health.

Corby was compelled to take a pregnancy test due to a Bali newspaper's claiming she was sick from being pregnant to another foreigner in the jail. The result of the test showed she was not pregnant. Her family angrily denied claims that she is conducting a relationship in the jail.

Schapelle Corby support poster, wharf in Sydney

Colonel Bambang Sugiarto, senior officer of the Balinese Drug Squad, has stated on Australian television that the lack of television footage at the Bali airport, and problems with fingerprinting of exhibits were weaknesses in the prosecution case. [6].

Other travellers have claimed that in past years they found drugs in their baggage when arriving in Bali. The Australian consulate has confirmed that these travellers reported the problem. (Sydney Morning Herald)

Corby was convicted on May 27, 2005 and will serve 20 years and 6 months jail. She has until June 1 to appeal the verdict. Other than a re-trial, Schapelle's only chance of being freed will be a Presidential Pardon.

The alleged involvement of baggage handlers

There have been numerous arrests during the week of May 9 in Australia related to cocaine smuggling through Sydney airport. According to the Sydney Morning Herald Corby flew out of Sydney on the same day (October 8,2004) that a large shipment of cocaine was shipped out of the airport by baggage handlers. On May 13, 2005, Qantas indicated that one baggage handler had been stood down. There are reported doubts about another 25 baggage handlers who were linked to the arrests.

The AFP commisioner Mick Keelty caused controversy on May 11 when he stated that a key aspect of her defence (that the drugs were planted in her bag by baggage handlers) was not supported by the available intelligence. [7]

Corby's pleas

Schapelle Corby made numerous pleas to all parties concerned in this trials, with hopes that emotion may help her return home sooner. At the defence's last address to the court, Corby made a plea herself to the judges, telling them that 'my life is in your hands, and I hope in your hearts', and that 7 months of jail was definitely enough punishment for not putting locks on her baggage. Corby later then stated saya tidak bersalah which means, 'I'm not guilty' in Indonesian.

Corby has also recently sent a letter to the prosecutor, Ida Bagus Wiswantanu, with hopes that he will also be lenient in his sentencing. The letter has quoted Corby to write, "I do believe the only mistake I have made in coming to this beautiful country of yours (yes, I still love and think this is a beautiful country) is not putting locks on my bags. Each day that goes by is becoming harder and harder for me, my energy, my strength is fast draining to almost empty. Please Mr Ida Bagus, I cannot (physically) survive here much longer. Please find in your heart to let me go home to my family, where I belong, Sincerely, Schapelle Corby."

Corby also wrote a letter to the judges, and stated: "Please find in your heart to let me go home. I need to go home." She wrote to Prime Minister of Australia John Howard, saying in part "as a father and as a leader, I plead for your help. I did not do this. I beg for justice. I don't know how much longer I can do this. Please bring me home."

Howard was quoted to say in response: "I feel for her. I understand why there's a lot of public sympathy for her, I would simply say that I hope justice is done and it's a fair and true verdict." but would refuse to negotiate for her life.

But he added: "I would ask the rhetorical question: My fellow Australians, if a foreigner were to come to Australia and a foreign government were to start telling us how we should handle (it), we would react very angrily to that."

Perception of interference in Indonesia's judicial system

The fact that Corby is young, white, female and attractive has led to allegations that she is receiving sympathy and support from the media, government and public that is not afforded to other Australians imprisoned around the world. There are also allegations that the attention and sympathy especially from the Australian public and media may be related to xenophobic sentiment and a unfair mistrust of Asian legal systems. Specifically there is a perception among some legal experts that some of the negative perceptions of the case may be due to a misconception of the inquisitorial system used in Indonesia which originated from the Dutch colonial system, as opposed to the adversarial system used in Australia especially related to the incorrect perception that Corby was not persumed innocent [8]. There are also allegations of an strong bias by the Australia media who frequently mention the specifics of the Corby defence but fail to mention important aspects of the prosecution case such as the allegation she initially claimed the drugs were hers.

This level of interest, however, can also be partly explained by what was often considered to be a weak prosecution case against Corby and that perceived inefficiences in the handling of evidence - in particular the inability to test for fingerprints on the bag containing the marijuana - were evidence of systemic failures of the Indonesian legal system and that a fair trial had not been afforded to Corby.

However there is also the dissenting opinion that although there may have been some shortcomings in the prosecution case, this does not overide what they consider to be an overwhelming strong prosecution case combined with a weak defence relying primarily on hearsay and non specific evidence [9]

Prime Minister Howard has spoken publicly on the case, as has the Opposition Leader Kim Beazley. While always being careful to state that they are not seeking to interfere in the Indonesian judicial system these comments have been construed as applying pressure on the court trying the case. At the same time Australia has rushed to negotiate a prisoner transfer treaty with Indonesia.

The comments from Australian political leaders and other commentators have been construed in Indonesia as interference in the Indonesian judicial system. This was especially the case after it emerged that the Department of Foreign Affairs and Trade had sent a letter in May to the court trying the Corby case regarding the suspected involvment of baggage handlers in the transnational movement of drugs through Australian airports.

In April, Oscar-winning New Zealand-born actor Russell Crowe commented on the case suggesting that Prime Minister Howard should do more to secure Corby's release. "The photographs of Schapelle Corby broke my heart," he said. "The first thing I thought this morning was, like, how can I get Johnny Howard on the phone and say "Look, what are you gonna do, mate, what are you gonna do? - that's ridiculous, what if it was your daughter"? [10] The Age further quoted Crowe as saying that "Howard should point out to Jakarta that Australia had been a generous supporter following the devastating tsunami in Aceh, pledging $1 billion in aid" [11].

Some Australian government officials expressed confidence in the Indonesian court proceedings. Foreign Minister Alexander Downer's comments that Australia had no reason to believe the Indonesian court hearing the case was behaving inappropriately and that he supported the Indonesian President's comments that "we have to respect the court in proceeding this case". [12]

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