By Richard Ackland - December 9, 2005
ONE Australian hanged in Singapore a week ago. Nine others face the firing
squad in Bali if they are convicted of drug trafficking. Michelle Leslie
walks after doing three months for ecstasy possession. And there's still
Schapelle Corby, doing 15 years in Kerobokan prison for what bears all the
hallmarks of a rotten miscarriage of justice.
Throughout this, senior members of the Government lecture us to not get
emotional and certainly to not upset the Indonesians or the Singaporeans.
Academics in the field have written that criticism of Corby's original trial
is "disturbing". One columnist even said the campaign against the Corby
trial outcome was a sign of our "immaturity".
The Foreign Affairs Minister, Alexander Downer, showing the depth of his
prickly side, declared that the Melbourne criminal defence lawyer Robert
Richter was a "creep" for stating the truth - that the Australian Government
did not do enough to save Nguyen Tuong Van.
There have been extensive reports in the Herald that bribes were paid in the
Leslie case, and now the main area of contention is around how big they were
The Prime Minister said Leslie should shut up about that. One cannot be
certain whether his concern is for how that knowledge might affect the
so-called Bali nine or for how it might upset the "sensitivities of the
Indonesians". His form points to the latter.
There is an "investigation" into the Leslie case by Indonesia's judicial
commission. Sukoco Suprapto, a member of the commission, has already
concluded that "the sentence received by Leslie is very light". The
Indonesian Government has promised to tackle official corruption and has
pinpointed the judicial system as being among its most graft-ridden sectors.
Yet, to raise this in the context of the quality of justice meted out to
Australians is either disturbing, immature or insensitive - so we'll have to
watch our P's and Q's.
While on matters insensitive, it might be well to recall the little dance
the Government did on the Nguyen case. The Prime Minister and the Foreign
Affairs Minister went through their hand-wringing routine while, at the same
time, never letting down the hardliners. John Howard and Downer dropped the
remark into various bits of news commentary that Nguyen was smuggling enough
heroin for between 20,000 and 26,000 hits.
Janet Manuell, a criminal barrister in Sydney, says this misinformation went
unchallenged. The average hit available on the streets of Sydney contains
between 0.15 and 0.2 grams of heroin, she says, which is a standard "foil".
It costs about $50. The 400 grams for which Nguyen was executed was enough
for between 2000 and 2667 hits, not 26,000. Howard and Downer were only out
by a factor of 10, but, if the prejudice works, who cares?
We're really talking about one hit for 2000 users, or enough for a committed
user for more than a year. That's not quite the same thing as "thousands of
lives destroyed" by this quantity of the drug. Importantly, if Nguyen had
been sentenced here for importing 400 grams of heroin he might have expected
to receive a sentence of between five and six years, and a four- to
five-year non-parole period. Still, let's not be insensitive to the
Singapore Government or "oligarchy".
Before the space completely evaporates this week, there is the important
matter of Corby. Mark Trowell, the silk from Perth who the Government
invited to advise on, or assist with, her case, got into trouble with his
local bar association for speaking out about one of Corby's Indonesian team
seeking $500,000 for "bribes".
Her lawyer, Hotman Paris Hutapea, does not seem to have been in trouble for
disturbing or immature comments about the corruption in his court system. "I
live in Indonesian courts every day; it's unethical if I say something bad
about my court, although you know the answer. Everything is possible," he
said in July. He hastened to add that for the Corby case he was "temporarily
clean".
In October, the Bali appeals court reduced Corby's sentence from 20 to 15
years. Hutapea saw this as something of a victory. "At least I've made
progress, even without any witnesses, only using argument and the public
image." The public image bit included recruiting an Indonesian soapie
starlet, Anisa Tri Hapsari, in an attempt to swing public opinion behind the
accused.
The next stage is the appeal to the Supreme Court, but the prosecution is
also appealing against the reduction of the sentence. The outcome of that
round will be known next year.
In July, the head of the Judicial Conference of Australia, Justice Ronald Sackville, said that "rightly or wrongly, [most Australians] have insufficient confidence in the Indonesian justice system to accept the [Corby] verdict as legitimate". That situation is more likely to persist if we abide by the instruction to be mature and circumspect.