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Downer warns against Indonesia boycott JAKARTA - Foreign Affairs Minister Alexander Downer has warned that any backlash against Indonesia as a result of Schapelle Corby's guilty verdict will not help her return to Australia. Mr Downer says the trial was conducted in line with Indonesia's justice system.

He says he has spoken with Indonesia's Foreign Minister about the progress of a prisoner exchange program between the two countries since the verdict. Mr Downer says it would not be helpful if Corby's supporters boycott Indonesia. "If they are champions for Schapelle Corby, she's being held in Indonesia, and if they want her back in Australia, ultimately any decisions about her future will be in the hands of the Indonesians," he said.

"So continuing to berate and denigrate Indonesia isn't going to help anybody in this case." Charities have reported an angry backlash over the verdict with some people demanding the return of donations to help victims of the Indonesian tsunami. The Government has offered legal help for an appeal after Corby was sentenced to 20 years jail for trying to smuggle marijuana into Bali.

Government efforts

Mr Downer says he has spoken to his Indonesian counterpart about the progress of negotiations for a prisoner exchange program since the Corby verdict on Friday. Mr Downer says if the appeal against her conviction fails the prisoner exchange program is one of two avenues available for her to return to Australia.

"There are essentially two options in terms of Schapelle Corby returning to Australia - one is her successful conclusion of a prisoner transfer agreement, and the other is to get a presidential pardon at some time in the future," he said. Prime Minister John Howard has defended the Federal Government's handling of the Corby case, saying the best chance of helping is to allow the appeals process to proceed.

Mr Howard has told the Macquarie Network he cannot simply ring up the President of Indonesia and demand Corby's release. "If I were to speak to the President of Indonesia [Susilo Bambang Yudhoyono] and say Bambang - you have to do something about this, he'd say, 'hang on John, you can't interfere in my legal system'," he said.

Constitutional challenge

An Asian law expert says there is no firm evidence of a miscarriage of justice in the Corby case to warrant an appeal to Indonesia's Constitutional Court. Corby's defence team has been urged by Brisbane barrister Julian Wagner to appeal to the court against her 20 year jail sentence for smuggling marijuana into Bali.

Mr Wagner says her Bali drug trial was unfair and ran counter to Indonesia's constitution. Melbourne University associate professor Tim Lindsey says Indonesia's judicial process is clearly different to what happens in Australia. Professor Lindsey does not believe a constitutional challenge to Corby's guilty verdict would be successful.

"Things that would be unacceptable in our quite different adversarial system, where judges are required to be umpires, are not necessarily unfair in a system where judges are expected to run the proceedings and to intervene, and these suggestions may reflect a misunderstanding of European inquisitorial-style systems," he said.

"The remarks of the judge read in their context and in their Indonesian language meaning in any civil law inquisitorial system, don't to me constitute firm evidence of an unfair trial sufficient for it to be set aside."


Related blog entries (category 'Drugs') Related blog entries (category 'Drugs'):
23 May 2005 · More jail for Corby whatever the result
16 May 2005 · Judges in Corby trial likely to dismiss letter as evidence
04 May 2005 · Indonesia confirms new polio cases
29 April 2005 · Corby urges judges to free her
19 April 2005 · Australian officials support drug-smuggling arrests


Posted in Drugs @ 30 May 2005 07:22 CET by Jeroen · 'Blog' RSS feed · permalink





Jeroen
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Bali Nine linked to major drug syndicate

Will the Indonesian government really take action against the syndicate(s) which have probably been active in Indonesia for quite some time? I can only hope they will.

The nine Australians arrested earlier will probably be charged with things that carry the death penalty, but extradiction is another issue...



Jeroen
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How on earth did she think she could bring this bag to Bali? Maybe her boyfriend gave her a 'pillow'?? Damn... pretty stupid if you ask me. Any doubt that she has been tricked is gone with me now. Of course I'm still an outside, but hey.. look at the size of that bag... Emoticon: Laugh out loud



Jeroen
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In Australia they have a different view on this all. She's innocent for sure, so they now want to boycott Bali. But I'm pretty sure they can't live without being/playing ignorant fools for a few days a year. Emoticon: Puh!



Jantje
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Jeroen,
The verdict is out of all proportions and rediculous Emoticon: Nooo . So is the Australian p.o



Jeroen
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On 30-05-2005 14:31 Jantje wrote:
Jeroen,
The verdict is out of all proportions and rediculous Emoticon: Nooo . So is the Australian p.o


Do you think so because you are Dutch and know the local laws here (for you it should be 'there' Emoticon: Wink ? I'm kind of happy that they finally made some examples. She's lucky she's not executed for this, like in Singapore.

When I entered Indonesia last time there were big signs 'Drugs is death penalty'. Can it be more clear?



Jantje
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Jeroen
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But you probably also saw my reaction concerning the terrorist which gets away. That should not be related to one another of course, however it's highly odd that such things happen.

I can't make a 100% proper conclusion as well, but if you see the bag of drugs, I can make at least some conclusion for myself, right? For the rest I don't have a clue whether she is lieing or not, but the court thinks she is.



Ronny
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Hi all Emoticon: semua

I wish the court all the wishdom they need all over the whole country from lovely Indonesia .
Drugs in your pocket ????? [last week in flight k.l.m / jkrt bandara from a.dam /jkrt post ]
Please dont start to cry...just accept the penalty ,no need to say
;so sorry or ;I didn,t know.
If you try to destroy human [ young] life ????? Emoticon: Angry .......Dead by hanging as soon as possible ,even here in China . permisi
Ronny / Beijing



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