Following up on a previous blog, Australian Schapelle Corby was convicted of drug-smuggling in Bali, and sentenced to 20 years in prison. Breaking down in tears, Ms. Corby embraced her family before Bali thugs took her to a prison cell. Ms. Corby prays for justice every day.
Defense Evidence Ignored, Bali Police Coverup, Corrupt Prosecutors
The judge dismissed her defense that the drugs were planted on her, saying she had no evidence to support that. Apparently, in Bali, like in Nazi Germany, one is presumed guilty until proven innocent, despite the claims of Professor Tim Lindsey. Irrelevant of whatever may or may not be the case as printed on pieces of paper, in practice, it is obvious that one is assumed guilty until proven innocent in Bali.
The prosecution trumped up the claim that Corby admitted the drugs were hers, something she clearly did not do, as she later said. The judge also apparently ignored a letter by the Australlian government stating that they were investigating Quantas Airlines baggage handlers in a cocaine-smuggling operation. Apparently, the reason for this is that the letter was sent “too late”: If it were to be submitted now, it would have no value at all according to Indonesian law.
This shows the worthlessness of State legal systems, holding bureaucratic rituals as sancrosanct, more important than human liberty and the pursuit of justice. This is the result of the attitude that “justice” is something that can be legislated on a piece of paper.
The police didn’t fingerprint the bag containing the drugs, or videotape their search, so for all we know, they planted the evidence. The prosecution (or police) denied Corby’s defense’s request to have the marijuana tested to reveal its source, casting further reasonable doubt in-and-of itself. What exactly do they have to hide?
Ron Bakir, the heroic financial backer to Corby’s defense, claimed that the prosecution was open to dropping the case in exchange for a bribe, but later retracted that statement (probably because he was traveling to Bali to speak with Corby personally) and apologized to the Bali prosecution.
The Inquisition: A Judge Who Never Acquits
Speaking of the prosecution, I should mention that one of Corby’s judges (they don’t have juries in Bali) was a de-facto member of the prosecution. “judge” Sirait bragged that he had never acquitted an accused drug-smuggler, and that he’d never sentenced one to less than 5 years. Apparently, Sirait makes no distinction between the words “accused” and “proven guilty”. With Inquisitioners like Sirait posing as “judges”, why bother with a trial at all? Apparently, the only purpose of the trial was to prolong the poor victim’s (in this case Ms. Corby’s) agony, making her think there actually was some remote possiblity of something resembling justice, when clearly there wasn’t.
In finding Ms. Corby “guilty”, Sirait said, “[f]rom Corby’s defence I haven’t heard anything to prove she is innocent.” There it is, clear as day. One has to prove innocence beyond a reasonable doubt — apparently, beyond all doubt before Sirait. Sirait aquits when hell freezes over.
Bali Hotel Operators “Surprised” at Proposed Boycott
Amazingly, tourism operators in Bali are “dismayed” that some travel agents and others in Australia are calling for a boycott on Bali because of the Corby-case. In a inspiring show of support for Corby, 177 Australian travel agents said they’d stop selling Bali if Corby was found guilty. Australians have been the biggest tourists to Bali, brining in large amounts of money. Bali hotel operators are puzzled at the desire to “punish the Balinese”, since Corby’s defense is that individuals in Australia planted the drugs on her. They claim to be puzzled at this, when the baggage handlers were responsible. The baggage handlers were responsible for planting the drugs, not for prosecuting Ms. Corby. That falls on the heads of the prosecutors.
As for the hotels in Bali, it is quite possible that many of them support these draconian anti-drug fiat-legislation or decree, and thus share responsibility. For those that do, this is punishment. For those that don’t, it is a free-market response — well within the right of consumers — to encourage them to actively oppose such barbarism. Here, we have, as I predicted earlier, and example of a State action lowering the attractiveness of Bali to tourists, thus lowering property-values in Bali. Who would want to travel to a country where one is de-facto presumed guilty until proven innocent, and where all evidence set forth in one’s defense is systematically ignored, either outright or because of worthless legal minutia on procedure? Who would want to go to a country where to be accused of a crime is equivalent to being convicted of a crime, and where a trial is only held for show?
Resources:
Firstly, an interview with Schapelle Corby. Thanks to Alan Singer, who blogged about Corby for these references:
- Schapelle.com
- SchapelleCorby.com: A Forum
- SaveSchapelleCorby.org
- FreeSchappelle.com
- Myesk.ws
- Schapel Corby Blogspot
- Don’t Shoot Schapelle: Innocent Without a Doubt (indeed, she is, because drug-related “crimes” aren’t any-more crimes than eating sugar).
What You Can Do
Unfortunately, it is now too late to write anything to Bali officials regarding the case, although it is now obvious that no please for civility and respect of human rights, nor even any evidence, could have helped Corby against the Inquisition she faced. However, Ms. Corby (Schapelle) could still use the support of people world-wide:
- Join the mission to save an innocent Australian life
- The Free Schapelle Shop
- Bring Schapelle Corby Home
- Free Schapelle Corby Petition Spot
- Hard copy petition to free Schapelle Corby. Download this petition, print, sign, and mail to
Free Schapelle Corby. PO Box 113. Jimboomba QLD Australia 4280. - Schapelle Corby Support Petitions
- How you can help Schapelle Corby
{ 30 comments }
Absolutely ridiculous.
Yet, Jhoni Hendrawan, also known as Idris, who confessed to playing a part in both the Bali and Marriott hotel attacks was sentenced to 10 years for his role in murdering 12 individuals and acquitted on a technicality for his role in the Bali bombing.
“He was responsible for logistics and transport during the Bali bombings, as well as using a mobile telephone to trigger the smallest of the three devices that went off that evening – a parcel bomb close to the US consulate that did little harm.”
This story makes me want to engage in acts of guerrilla warfare against government. Any government. They’re all guilty of similar heartbreaking absurdities. This girl could lose the best part of her life over a crime which, even if she were guilty of it, would not merit such punishment.
It is _legislation_ which creates artificial ‘crimes’ & gives judges the leeway shown here. Law cannot do this — because it grows through people’s actions; so judges have a much narrower scope: & they have to decide on _real_, practical problems. The State has already won, when even libertarians refer to the State’s legislative diktats as ‘laws’ & fulminate against ‘the state’s legal system’ — instead of the _real_ culprit: State legislation.
I remember first hearing about it somewhere and being so shocked about a 20 year sentence for such a crime that I searched Google for more stories on it. I found a Washington Times article that said she could’ve been sentenced to death. My eyes bulged out of my head. Imagine being sentenced to death for smuggling 9 pounds of marijuana. Unbelievable.
why wasn’t the marijuana in the bag scanned for skin fragments and the dna compared with corby’s dna. it could well have been planted by balinese baggage handlers. and of course, tested for country of origin.
Bali justice is somewhere between Americas’ Attica and Stalins’ Golag, South Africas’ Robin Island
and Californias’ Alcatraz.
Perhaps a blend of the 4. Though that is only four, There are hundreds of other places which are simular.
For those interested in information about what goes on behind the closed walls of The Tome.
It is a matter of big business and hords of monies.
Why does everyone assume she is innocent?
Just because the Australian media says so.
Usually with accused people they assume is guilty, they use long distance shots of them behind bars with scary music. Witness how every other accused drug dealer is shown on Aussie TV. With Corby they have deliberately used the standard innocent victim bag of tricks.
I understand that she has no way of proving she didn’t put the drugs in her bag. You can’t disprove a negative.
But what evidence does she have?
Her father and brother have conflicting testimony over who packed her bag.
We have a criminal claiming that some smuggling goes on.
The whole Sydney Airport cocaine smuggling scandal comes to light after the judges have ruled.
Not helping the case have been Australians themselves. The media have made racist remarks against Indonesia. They want the goverment to intervene in the Indonesian legal system. Members of the public have sent death threats to Indonesian embassies. Their prosecutor was accused of asking for a bribe – if it was true, why not just pay it?
Did people honestly think any of this would help Corby?
If Indonesia let her go, it would send a clear message that Australia can influence in other countries legal systems. Many of the other Asian countries already resent Australian and by inference European interference in SE Asia.
No other accused Australian has received so much media attention in recent years. The only reason is because she is a young woman.
Jon,
I would have thought that my post laid out a clear case for her innocence.
1. She does not have the typical background of a drug-smuggler.
2. The letter from the Australian government, explaining the baggage situation, which the Bali courts ignored.
3. The gross misconduct of the Bali police, failing to fingerprint the bag that had the drugs in it, and failing to tape their search.
4. The fact that the prosecution denied the defense’ request to have the drugs tested for source.
5. The “judge”‘s stance as nothing more than an Inquisitioner. It was quite clear that there was no way she was going to be acquitted — the judge was very proud of never acquitting anyone on drug-charges, and never sentencing them to less than 5 years.
6. She shouldn’t have to prove her innocence. The prosecution should have to prove her guilt.
7. Even if she is guilty, so what? This is not a crime. Fiat-legislation or fiat-decree does not make something criminal or wrong.
8. While there isn’t proof that the prosecution asked for a bribe, it is certainly very plausible given that pathetic state of the legal system in Bali.
The amazing thing is that dimwits in their government actually think this is somehow “helping” tourism. Maybe they’ll reconsider, given the possible boycotts and general fear that may prevail in regards to vacationing in Bali. Few people, knowing the details of this case, would vacation there.
Regarding your assertion that she’s only received this much media-attention because she’s a young woman, even if true, so what? The fact that other wrongs aren’t emphasized as much doesn’t mean that this is somehow ok. It means that none of them, despite not receiving such coverage, are ok. There are too many travesties of justice to conceivably cover.
I think the judges had no choice but to find her guilty. She arrived in Bali with over 4 kg of grass, that was used to prove her guilty of drug possession. If she was found not guilty can you imagine the flood drugs appearing at airport customs in unlocked bags?
The likelihood of an airline drug courier operation gone wrong is highly unlikely.
More likely is that the drugs do belong to her and she left her bag unlocked to use as an alibi if she gets caught.
Ray,
I suppose that, in various parts of the Middle East, they have “no choice” but to stone women to death for alleged adultery: otherwise, could you imagine all of the adultery that would occur?
Of course the judge had a choice. He could have acted with dignity, and found her not guilty of drug-trafficking. As I pointed out above (see my above post), there are many reasons to believe her not “guilty” of drug-trafficking. The actions of the prosecution and police in Bali show them to be untrustworthy. The statements of the “judge” himself makes it clear that the “legal system” in Bali is nothing but a farce, as in the USSR or Nazi Germany, where when one was accused, one had to prove one’s innocence. Furthermore, she was travelling the wrong way: she was travelling the wrong way. Normally, drugs are imported from Central/South East Asia through Indonesia, into Austrlia. Not the other way around.
The Australian government produced evidence regarding an airline drug courier. The Bali court chose to ignore it because of worthless procedures regarding the timing of evidence.
I traveled through Bali in 1981 on my way to New Zealand and I will always remember the hatred behind the eyes of some there when they looked at caucasians. I think that may be one of the roots of the problem in Bali. And it certainly appears to have become much worse.
David,
Yes, as much as I disagree with death for alleged adultry, that is their law.
Can you imagine the amount of drugs that would go through Indonesia if it weren’t for the harsh sentences? As you said Indonesia is used as a transit route for drugs coming into Australia from the Golden Triangle. They do need that deterrent.
The judges’ choice was based on arguments presented by both the defence and procecusion. They take into account some external factors but ultimately it will be based on the defence and procecusion’s arguments. How would finding her not-guilty make the judges anymore dignified?
Corby was caught with the drugs in her bag. That was used to prove her guilt. It was up to the defence to then prove her innocence.
Their drug laws apply to everyone (well not the Suharto family anyway :p). Bali is a holiday destination for many westerners, those after drugs prefer buying from other westerners. They bring the drugs into Bali to sell. Many have been caught and procecuted, Corby was not the first and won’t be the last.
Do you mean the cocaine importing? That was an international ring, not a domestic trafficing ring.
Ray,
It is amazing to me that you defend the barbaric fiat-legislation in Bali. So what if they call them “laws”? The Nazi’s made up plenty of decrees and laws for their plan of genocide. Simply saying something is “the law” hardly justifies it, nor gives any credence to it.
Bali’s system is an unjust system where one has to “prove” one’s innocence. This is obviously impossible, especially in Ms. Corby’s case, where her judges had never acquitted anyone accused of drug-smuggling. How do you not understand this? I think it’s pretty obvious that a judge who proudly proclaims that he has never acquitted anyone of that charge — and never sentenced anyone accused of it to less than 5 years — does not have any concern for adhering to justice.
What is so hard to understand about this? Is it that difficult to understand that the “legal system” in Bali is nothing more than a completely worthless farce, no better than the barbaric ritual for determining if one was “guilty of being a witch”? You seem to be in a state of willful ignornace, for some unknown reason. Her defense presented plenty of evidence that would undermine the prosecution’s case, much of which was ignored by the Bali court. I overviewed all that above. Since I don’t feel like repeating myself, I’ll simply refer to it. You haven’t addressed any of it.
Your argument is nothing more than meaningless consequentialism and a blind adherence to fiat-legislation in various nations. To both of which, I say so the hell what? So what if more drugs would flow through Bali if not for these laws? (Of course, to this I could respond: Could you imagine how much less violence there would be without thes prohibitions?) Nothing about buying and selling drugs involves the initiation of aggression, and hence it is not a crime. And so what if that’s their “legal system”? It is arbitrary. Fiat. The Nazi’s had a “legal system” too. So do these barbaric cultures where alleged adultry is punished by death.
Let me make one thing clear. Either: (a) You can say that anything that some State-despot slaps the label “law” on is defensible; in this case, you have to say that the “law” in Bali is wrong and criminal by natural law, as was the “law” in Nazi Germany, and that fiat-legislation against natural law shouldn’t be obeyed. (b) Or you have to say that it isn’t defensible just because some State-official calls it “law”; in this case, you can’t say that the “law” in Bali or Nazi Germany is wrong, and have to say that these “laws” — both those for drugs in Bali, and for murdering Jews in Nazi Germany — should be obeyed. You can’t have it both ways.
one wonders what, precisely, are the bag-scanning arrangements in Austrailian airports?
It would seem to me that there should be a video record of the bag in question being weighed and scanned [X-ray] when Corby checked it in. This would show that the bag had no drugs in it when it left Corby’s posession – thus proving her innocence, which seems to be the ‘Bali standard’ for justice!
If such a recording system does not exist, why not?
Anyone know anything about Austrailian airport bag-check security procedures?
When I check in a bag at my local airport, the bag is weighed – is the weight recorded? Does the security camera behind the check-in clerk see the weight readout? How long are security tapes kept? If the bag weighs 4Kg more after one checks it in, then a ‘man in the middle’ must have tampered with it.
One would hope that post-911 the bag is also X-rayed with a video record kept, but am baffled at what our airports consider to be ‘secure’ procedures. Are Aussie airports any better?
Two lessons here:
Comparisons to the Nazi laws seem abit extreme and doesn’t do any of the innocent Jew who died any justice.
Don’t think we are going to agree with each other, so guess we can agree to disagree (LOL).
Anyways as my last post here are a few links to the Corby case from our national newspaper:
http://www.theage.com.au/news/Tony-Parkinson/Now-the-Ugly-Australian/2005/06/02/1117568314076.html
http://www.theage.com.au/news/Opinion/When-justice-gets-lost-in-translation/2005/06/01/1117568256175.html
It has been nice discussing with you David, I can see the point you pushing. Can’t say I agree with it but we all have our own opinons?
Read some of your non-Corby post, you raise some interesting arguments.
Cheers
Ray
Ray,
My point was not that this is the holocaust. I used that as an extreme example to make my point. You can either be in one position, or the other. Of course, given that she could have received the death penalty, it the comparison seems more apt. It is still apt when comparing her to those Jews who were put in concentrations camps towards the end of WWII, but not executed by the war’s end. Also, Ms. Corby is just as much innocent as were the Jews who the Nazi’s murdered. That is, innocent of any real crime.
Before I conclude, some notes on the articles you linked to…They are interesting, but don’t really address my point, which isn’t that people in Bali are “straight out of the trees”. I do not have any anti-Indonesian sentiment: I have hatred for those in the Bali State who have criminalized drug-use, and those in the Bali legal system who have engaged in injustice. The reference to the Japanese citizens jailed under simlar circumstances in Australia was interesting, and hopefully, this incident will get someone with some inkling of love for justice in the Australian legal system to do something about their own travesty of justice.
The author makes a bunch of illogical jumps and assertions. For example:
No, it would be perfectly fair to condemn Australia (at least, the Australian State) for this. It would also be fair to condemn the Austrialian justice system. And just to be clear, I’m not some kind of US-elitist either: the US State can also be criticized, as can it’s “justice” system, be criticized for its own barbaric laws against drugs, prostitution, etc. I believe the “3-strike” laws have sent some people to prison for life for drug “crimes”.
Then, there’s this:
What evidence? The only thing they have that I’ve seen is that they found it in her bag. So what? Her defense is quite plausible, and she even has a letter from the Australian government on the issue (which the court rejected). If they had so much “evidence” that she was guilty, they wouldn’t have denied her legal team the opportunity to test the bag the drugs were in for origin.
Then there’s this plea in defense of “judge” Sirait:
This seems to be nothing of any significance. Apparently, Judge Sirait never acquits. Why should this be surprising? Furthermore, justice isn’t like a “report card”. Doing the “just” thing 99 times out of 100 isn’t good enough. Not when doing the injust thing one time means sentencing someone to 20 years in prison. “[T]he innocent and righteous slay thou not.”
I have posted amnesty Internationals world wide site previously
on other areas for any who might consider becoming active members working against the inhumanity occuring each day all over the world each day of our lives. Keeping informed and informing others is a part of the work also and not only for Americans in these difficult times of their societies it can be of comfort to know and to be a part of an organization dedicated toHuman Rights.
i don’t know wheather Schapel is inocent or not.
I went to Bali once in 1985 to see what it was like, I would certainly hope that it has improved since then or I would wonder why anyone would want to go there.
The fact is that the drugs were FOUND in HER possesion, after this it becomes her responsiblity to prove that she is innocent beyond reasonable doubt. Because the rule of innocent until proven guilty does not apply as she has been proven guilty (caught red handed)
John,
Wow, talk about a late-comer. Your legal analysis is humbug, although in the backwards country of Bali, one is apparently always presumed guilty until proven innocent. The fact remains that there was ample evidence — which the court refused to hear, in violation of their duty — in defense of Corby. Furthermore, what she was accused of was a victimless crime (fiat crime), something which does not violate natural law.
I don’t know what “natural law” is, but one thing is certain: there are plenty of westerners imprisoned in SE Asia on drug charges and nobody gives a toss about them. All of them claim to be victims of some sort of set up, apart from those found carrying drugs in their bodies, for obvious reasons. The only difference with Corby’s case is that she is a young and very pretty woman.
A few years ago an Englishman in his 40′s, David Chell, was arrested in Malaysia for drug possession and sentenced to death. His story was that the border guard had showed him a bag and blackmailed him: “pay $5000 or I’ll say I found these drugs on you”. After over a year on death row, his sentence was overturned on appeal and he walked free… Only to be arrested again for immigration violation (he had overstayed his tourist visa while on death row). Apart from a small group of people and the local press, nobody knew about him. His main guilt was that of being male, and middle aged.
Bruno,
Natural law — the homesteading principle and the non-aggression axiom; neither of which Ms. Corby, or Mr. Chell, were violating. It is the people who violate natural law who are worthless criminals; individuals such as those in the government you referred to. Without the principle of natural law, there’s no way we can say that what the Nazi’s did was wrong. After all, fiat-legislation and fiat-decree made what they did “legal”.
All of the cases you refer to are also inhuman injustices, as are the cases in the US of similar things happening (see above posts). The case you referred to what particularly aggregious, as his sentence was overturned, then he was arrested on immigration violation (overstaying his visa), over which he had no control, as he was imprisoned.
The Corby case just happened to be something that came to my attention, a coworker of mine having pointed it out.
Corby is guilty as they come.
Here boyfriend has been done for drugs before and here family seem to act like crackhheads sometimes. She is a very good actor ill give her that…but a bad drug smuggler. Anyone in their right mind would know when they pick up a light body board that suddenly weighs 5kg that theirs something fishy going on. Thats my belief. she was found guilty and thats that. If she was caught coming into Australia with it that would be a differnt story. She would get 7 months prison and thats it. They have warnings and people like corby are STUPID enough to ignor it then thats their problem…….give me youur thoughts!!!
Corby is guilty as they come.
Here boyfriend has been done for drugs before and here family seem to act like crackhheads sometimes. She is a very good actor ill give her that…but a bad drug smuggler. Anyone in their right mind would know when they pick up a light body board that suddenly weighs 5kg that theirs something fishy going on. Thats my belief. she was found guilty and thats that. If she was caught coming into Australia with it that would be a differnt story. She would get 7 months prison and thats it. They have warnings and people like corby are STUPID enough to ignor it then thats their problem…….give me youur thoughts!!!
Corby is guilty as they come.
Here boyfriend has been done for drugs before and here family seem to act like crackhheads sometimes. She is a very good actor ill give her that…but a bad drug smuggler. Anyone in their right mind would know when they pick up a light body board that suddenly weighs 5kg that theirs something fishy going on. Thats my belief. she was found guilty and thats that. If she was caught coming into Australia with it that would be a differnt story. She would get 7 months prison and thats it. They have warnings and people like corby are STUPID enough to ignor it then thats their problem…….give me your thoughts!!!
I feel that Schapelle is guilty
I was in BALI eight years ago to see whst is is like on one of those young people packages.Never Again and this is coming from a guy who has just done a Cruise on Pacific Dawn around the South Pacific over Christmas 2007.It appears many of the would be young travellers to Bali are now on South Pacific Cruises these days on the Pacific Dawn or Pacific Sun.These New Generation are a smart lot and given the choice between going away for a week to ten days coming home alive and back to their respective jobs or winding up in a Bali Prison for 20 years It is a no brainer really.If You Must have that Asian Holiday spend a little more and go to Singapore or Penang.
As a Newbie, I am always searching online for information that can help me. Thank you
Maybe you could edit the blog subject title Corby Convicted of “drug-smuggling” — Mises Economics Blog to something more generic for your content you create. I enjoyed the the writing even sononetheless.
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