Many people now
recognize the name Schapelle Corby, the young Australian
female tourist convicted on May 27th 2005 to spend 20
years in jail after customs / the police found 4.1 kg
of marijuana in her unsecured luggage at Bali's Denpasar
Airport.
The case generated a lot of interest with people debating
Corby's innocence or guilt. But the trouble is, this
is not a matter of whether Corby was guilty or innocent.
It is a matter of whether the investigation and trial
were conducted fairly, even legally. Whether the police
actually planted the drugs, as may well be possible.
And whether it could happen to someone else, perhaps
you. Do not brush this chilling prospect off. It is
a well published / known fact that Kuta's street drug
sellers are allowed to operate by police officers on
the basis; a) the officers get a share of the money
the drug pimps make, b) that the pushers "finger"
their customers to the police and even plant drugs on
some people to this end, c) that people caught with
drugs in Bali have money extorted from them by the police
in return for liberty. No, really, these are facts.
Also it is a chilling fact that drug gang members get
jobs with airline companies to abuse passenger luggage
to move narcotics.
We believe Schapelle Corby should never have been put
on trial as the evidence (the drugs) had been compromised
by the Balinese police to the extent Corby could not
prove her claim the drugs were planted in her unsecured
bag, either by airport baggage handler drug rings (yes,
they do exist) or perhaps by the Balinese police / customs
officers themselves. When we say compromised, we mean
that a large number of police officers either through
ulterior motivation or extremely poor training and judgment
handled the drugs, destroying any and all finger print
evidence. Although some people may argue that it was
unlikely any finger printed evidence existed, it may
well have done and its loss ensured the truth would
never be known. For that reason, the trial should not
have gone ahead. Corby has a right to being innocent
until proven guilty.
What makes the Corby investigation and trial even worse
is that the Australian authorities provided evidence
in her favour, which the Indonesian judges rejected
as inadmissible. This evidence was a statement from
Brisbane Airport, where Corby boarded her flight, that
her bag went through a sophisticated detection system
which should have detected any drugs in her bags. Plus
evidence from the Australian Government themselves that
a known Australian drug ring may well have planted the
marijuana in Corby's bag. Even the head of the Balinese
drug squad, Colonel Bambang Sugiarto, stated the case
was flawed.
The final breach of Corby's rights came from the Balinese
court itself, most notably Linton Sirait the chief judge
in her trial. Indonesian Courts work, or should work
on the basis of innocent until proven guilty and burden
of proof. Because the Balinese police destroyed any
fingerprint evidence / proof that Corby actually handled
the drugs, Corby's rights were clearly violated as the
burden of proof quite obviously had never been satisfied
by the prosecution / police, as all they had was flawed
/ compromised evidence. But what made it much worse
was a clear indication that the judge, Linton Sirait,
had decided Schapelle Corby should be found guilty even
before the trial as he told Corby's defense team that
they had not done enough to prove her innocence. Indonesian
law states that a person is innocent until proven guilty,
but judge Linton Sirait's words indicate her fate was
pre-agreed. Unfortunately, you may be unaware of this,
but trials for such matters in Indonesia are not decided
by juries, but by the judges who have one of the worst
reputations for corruption, incompetence and self-interest
anywhere in the world.
So, the horrifying possibilities exists that an Australian
drug ring or even the Balinese police / customs officers
themselves actually planted the drugs, deliberately
handled the drugs to destroy the evidence (or lack of
it) or acted with such abject unprofessionalism so as
to be hard to believe, the authorities decided to make
an example of Corby irrespective of whether she was
guilty or innocent, and instructed the judge to send
her to jail.
Come to Bali and pay to see Schapelle Corby,
the zoo animal?
The final disgrace and shame on the generally good
people of Bali, who have little knowledge of and no
involvement in Corby's case comes from reports that
Corby's jail guards have actually charged people (anyone
who was willing to pay) to come and gawk at Ms. Corby
behind bars.
We believe this is a violation of her human rights,
which comes on top of the most serious breaches possible
of her civil rights; What Ms. Corby should have got
was an early release (without trial) on the basis that
the evidence had been so fundamentally and absolutely
compromised by the police. Failing that, the judges
should have ruled the prosecution case (evidence) too
seriously flawed to permit a trial. And as they went
ahead anyway, the right to having her trial declared
a mistrial given the judge's comments that showed he
viewed her as guilty until proven innocent.
How do you avoid being the next Schapelle Corby?
1) Hope this was a one off case or that the police
/ court was right, or
2) Avoid travelling to Indonesia (and write to your
nearest Indonesian Embassy informing them of the fact
and the reasons why), or
3) If you are allowed to (some airports / aviation authorities
such as the USA require bags to be left unlocked for
possible inspection), lock your baggage using strong
locks, or
4) If the airport you are flying from offers a security
film sealing service, where they seal your bag(s) with
a strong film, use it.
Please do not become a victim or part
of the problem. Read:
Bali
Tourism (Should I go, where, and how do I avoid
adding to the problem / putting myself / my family at
risk in Bali?).
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