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Hunting Schapelle Corby

Our record in matters of Australians exposed to the brutality of Indonesia's justice system really is alarming.

For starters, we refuse to deport non-Australians who may be executed for their crime in their own country, yet our Federal Police were instrumental in having the Bali Nine arrested in Indonesia where the same police knew they faced the very real prospect of execution.

The model Michelle Leslie created a furore in Australia when she swapped skimpy clothes for a hijab to claim Muslim status and a lenient sentence for drug use in Bali. It was an issue that she had offended Muslims in Australia, not that her claim to be a Muslim appeared improperly to have won her leniency from both the prosecutor and the judge.

And now, as I write in my column in The Herald, we have Australian Commonwealth prosecutors winning orders in Australian courts to confiscate royalties for a book written by Schapelle Corby. They've seized $128,000 and have just been denied by Indonesian courts access to a further $280,000.

Our prosecutors sought this confiscation despite the fact that Ms Corby was not given a fair trial in Indonesia and that by any measure was convicted by a system that is corrupt and otherwise unacceptable in Australia. The court granted the application for confiscation despite the Proceeds of Crime law allowing the courts to take into account any matters it saw fit.

Under Indonesia's justice system the onus was on Ms Corby to prove that she was innocent, that she knew nothing of the marijuana in her boogie board bag. She was presumed to be guilty until she proved her innocence. The chief judge in her trial declared his hand when he boasted during the trial that in 500 cases involving drugs he had never acquitted anyone. That alone marks the trial as unfair.

There were many other issues that would have in Australia thrown the prosecution case into reasonable doubt. And not even the shocking revelations since of drug smuggling among some Australian airport baggage handlers has won any support from our government and authorities for a fair trial for Ms Corby.

This is not a question of whether you or I think Ms Corby is guilty. That is entirely irrelevant. It is not even a question of whether she received a fair trial - that is beyond question.

It is a question of whether our Proceeds of Crime legislation should apply to Australians who have not been found by Australia's measure to have committed a crime.

What are you thoughts? And, remember, you don't know whether Ms Corby is guilty or not guilty.

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Date: Newest first | Oldest first
Jeff as a journalist i would think your opinion of Indonesia Law, military and Government would be at best Low. I may be wrong but in 1975 when three Journalists were murdered i felt outrage with Indonesia, and disappointment with our Government. Nothing seems to have changed there. But here, when our troops went to Timor in 1999 under General Cosgrove i felt, about time how long does this Indonesian Government need to commit autrocities before something is done. Indonesian Military destroyed Timor as they left. I can never understand why consecutive Australian Governments continue to be scared of offending Indonesia. As for Ms Corby let her keep her book profits, guilty or not she was convicted by a system that shows no compassion or fairness. The Australian Federal Police should hang their heads in shame concerning the Bali nine. Just another, lets dag up too the Indonesians, sacrificing Australian citizens to a system that is extremely harsh. Ms Corby will be Gaoled for 20 years for a crime that here would have brought next to nothing. I was in Bali when the Bali bombers were executed for killing 212 people. The Balanese were very happen with the result, but i think future young Australians will have the same fate for much much less.
Posted by Buell, 8/04/2009 11:35:47 PM
i wonder how much of taxpaeyer funds was spent to recover the $128k. P.S. Guilty as sin.
Posted by fista, 9/04/2009 12:37:24 AM
They are a Law of their own......Been to Bali . Always afraid of something getting stuck in my bag... As they say we must obey the laws of the country....WONDER why alot of people LOVE AUSTRALIA at this rate.
Posted by Yeah_right, 9/04/2009 12:45:31 AM
the old adage about paying for crime in this case is very true. I personally think the Australian government saw an opportunity and took it let alone think about the bigger picture. Guilty or not shes in a foreign country was never found guilty of any charges in Australia beauracracy at its best I say! But lets not forget the government needs their own stimulus package too you know.
Posted by norteangel, 9/04/2009 7:44:05 AM
I know she was guilty. She was found guilty in a court of law. Oh that's right, you just can't trust those damn foreign justice systems can you? Only our justice system can be trusted to deliver a fair result. The funny thing is that I reckon if I asked 100 people well over 90% would agree with the verdict. Frankly I find it difficult to believe that anyone could possibly think for even a second that she was innocent. I haven't heard anyone trying to defend her for ages. If I did I'd question their IQ
Posted by Brando, 9/04/2009 8:48:31 AM
Your opinion is getting in the way here, Brando. The issues I raise - the value of the conviction and the justice of our Government seeking to punish someone who has not received a fair trial - have nothing to do with whether you, I or anyone else thinks she is guilty.
Posted by Jeff Corbett on 9/04/2009 9:48:08 AM
You do the crime - you do the time.
Posted by City Lady, 9/04/2009 9:57:31 AM
The problem that it has not been established that she did the crime doesn't seem to have occurred to you.
Posted by Jeff Corbett on 9/04/2009 10:17:19 AM
Interesting. It raises the question of how Australian prosecutors would determine guilt if the prevailing (overseas) regime is deemed unreliable. Or do we (Australia) simply accept and respect the rule of law in other jurisdictions, regardless of whether we reckon their systems are a bit ropey? That seems to be the case, and it is flawed.....but what other options are there? Have a 'hypotheticals' style retrial in Australia? As Fista suggests - the economics would rarely stack up. $128K isn't much. I guess if JK Rowling was locked up in a dodgy clink, it would be worth getting Geoffrey Robertson in.
Posted by Abundance, 9/04/2009 10:11:39 AM
will they also be going after chopper reid and the profits he has gained from his show about his life of crime?
Posted by senior sergeant smith, 9/04/2009 10:59:02 AM
Jeff. Warren Fellows wrote a book called The damage done, he admits he tried to smuggle drugs out of Thailand. Chopper Reid has written numerous books on his life of crime. Does the government go after them for proceeds of crime ? NO. Corby writes a book about not being guilty of a crime and the government do backflips ! Brando you may want to check my IQ but I have a question for you. Why would someone request the cctv footage from Brisbane Airport to prove their innocence, when one single frame of a pregnant bb bag would of been proof positive of her guilt ? Answer ..she new the footage would clear her. How was she to know that every cctv camera was turned off ?
Posted by SWH, 9/04/2009 11:11:03 AM
And why were the cameras turned off? Anything to do with criminal activity of some airport baggage handlers?
Posted by Jeff Corbett on 9/04/2009 11:13:10 AM
Gee Jeff I think it's a touch hypocritical to accuse me of putting my opinion first when your article is based on your opinion that she didn't get a fair trial. Perhaps you can enlighten us on just what part of the trial you thought was unfair. She was found with 4 pounds of marijuana in her boogie bag and the only defence she could put up was the ridiculous story that it was planted their by baggage handlers although they couldn't supply a shred of evidence that supported their outlandish claim. Perhaps you have some justification on how the judges could have reached another decision but to the vast majority based on the evidence she was as guilty as hell.
Posted by Brando, 9/04/2009 11:17:29 AM
My column in The Herald gives a broad account of the unfairness of her trial.
Posted by Jeff Corbett on 9/04/2009 11:29:17 AM
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Jeff Corbett
Bend the online ear of the Hunter's most provocative columnist.

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