Bali Nine Legal

October 3, 2022UncategorizedNo Comments »

The two men were later denounced as reprimands of the group and sentenced to death. The two Australians lost a final legal offer earlier this month to have their case reviewed. Sukumaran remained largely silent throughout the trial, blaming amnesia for his poor memories of the events that led to his arrest. The trials were to be closed with sentences promulgated before 23 February 2006, before the expiry of the legal period for the group`s detention. The Australian government has repeatedly called on the Indonesian president to grant mercy to the couple. Of course, if the case were heard under Australian law, there would be no execution, and there would be a full trial and a clear appeal process available. Australia`s position on the rule of law gives us a clear legal process and separation of powers, and means that the judicial process is not influenced by the government. But the growing legal sagas and stories like the ones I mentioned have led people to question the Indonesian legal system. Australian Federal Police Commissioner Mick Keelty said Ghale was “directly linked” to the Bali Nine. [94] Six men between the ages of 19 and 25 were arrested and released on bail in Brisbane for drug trafficking, suspected of being linked to the Bali Nine. On February 12, 2006, police arrested Do Hyung Lee, a 25-year-old man of South Korean origin, at Brisbane airport after arriving on a flight from South Korea.

Lee was charged with drug trafficking and importation and appeared on September 13. In February 2006, the first of the nine accused in Indonesia learned of their fate. Lee was released on bail to appear in court with the other five on April 3, 2006. [95] Keelty told a Senate committee that more arrests were expected. [96] Transfers, ongoing media reports on execution planning, and statements by the Attorney General may indicate that he is confident that the appeal process will not be successful. But Tony Spontana`s recent remarks that executions will be suspended until the trial is exhausted are a good sign. The men are still alive because the Indonesian government respects the rule of law. “The Constitutional Court`s decision is final and binding, and every court should abide by this decision. I regret the rejection and reserve the right to seek all possible legal remedies,” he said on Wednesday evening.

On 6 December 2005, Australian lawyers Robert Richter QC and Brian Walters QC requested the Commonwealth Director of Public Prosecutions to extradite the nine persons to Australia for heroin conspiracy. [27] On December 7, 2005, Judge I Wayan Yasa Abadhi of the Denpasar District Court urged Australians not to interfere in the Indonesian trial, stating:[28] Chan and Sukumaran were two of nine Australians – known as the Bali Nine – convicted of heroin trafficking in Indonesia in 2005. But when international outcry forced the Indonesian government to suspend all executions until the condemned court challenges were heard, other stories came to light. Indonesian police believe a 22-year-old Thai woman, Cherry Likit Bannakorn, supplied the heroin to Chan. She reportedly left Bali on 18 April 2005, one day after the arrest of the nine Australians, and was briefly detained at the Thai-Malaysia border, but was released because the documents required for her extradition to Indonesia were not available. [10] Although sukumaran and Chan`s cases were well publicized, the legal difficulties of the others had been largely ignored. She urged Indonesians to follow all appeal procedures, but said she must respect their legal systems. Another lawyer for the couple, Todung Mulya Lubis, said he did not know how the appeal would work, but that the executions could not take place while the trial was still ongoing. This comment underscores how uncertain the legal process is, even for Indonesian legal experts. At this point, several of the 10 drug criminals who will be tried in the next group are still awaiting trial in Indonesian courts. In recent days, a spokesman for the attorney general, Tony Spontana, said executions would be suspended until all legal avenues had been explored.

“We are also paying attention to and respecting the ongoing legal process,” he said. Australian Prime Minister Tony Abbott said there were still “legal options” in the case of two Australians on death row in Indonesia. There are prisoners in Indonesia and Australia who could benefit from the transfer of prisoners, including many Indonesians who are serving long prison sentences in Australia for human trafficking and illegal fishing. It is generally accepted that rehabilitation is more likely to be successful when inmates can spend their time in prisons in their own countries and be released to their community on probation. Without the transfer of prisoners, foreigners are usually expelled after their release and returned to their country of origin without supervision and without their crimes, which are recorded in their national criminal record. The Australian government could very easily demand that a prisoner transfer agreement be introduced as a condition for future law enforcement cooperation with Indonesia. On 6 September 2006, it was revealed that Chen had been reimposed to the death penalty following appeals by the prosecutor`s office and a hearing before the Supreme Court after his life sentence was overturned. Rush, Nguyen and Norman were also overturned on appeal and the death penalty was handed down. [44] The new death sentences came unexpectedly. In its appeals against the 20-year prison sentence imposed on most of the nine people, the prosecutor`s office had only demanded that they be sentenced to life imprisonment. Czugaj`s life sentence, after being reduced to 20 years on appeal, was reinstated. Stephens` life sentence was upheld on appeal, as were the death sentences of Sukumaran and Chan.

[45] Lawrence had not appealed his 20-year prison sentence further, so his sentence was not reassessed. [43] On February 13, 2006, Lawrence and Rush, the first of nine to be convicted, were sentenced to life in prison. [40] The next day, Czugaj and Stephens were sentenced to life imprisonment,[34] and the group`s leaders, Chan and Sukumaran, were sentenced to death by firing squad,[41] the first death sentence ever handed down by the Denpasar District Court. The other three, Norman, Chen and Nguyen, were sentenced to life imprisonment on 15 February 2006. [42] On April 26, 2006, Lawrence, Nguyen, Chen and Norman appealed and reduced their sentences to 20 years,[43] while maintaining the life sentences for Czugaj and Stephens. The Public Prosecutor`s Office appealed the changes to its sentences. “What we understand is that these two Australians and their legal teams still have open legal options,” he said, adding that Indonesia should not execute the two men until those options are exhausted. Sukumaran and Chan have received several visitors to Kerobokan Prison in recent days, including family members, friends and supporters. His legal team and activists focused, among other things, on the lengths in which the two men were rehabilitated. Rush and Lawrence`s parents have criticised AFP for allowing Indonesian police to arrest the nine people instead of allowing them to fly to Australia and arrest them in Sydney on their return.

On the 24th. In April 2005, AFP Commissioner Mick Keelty said afp would pass on all the evidence it had received against the Bali Nine:[16] McMahon told 4BC Radio: “I have confidence in the judicial process; I am a lawyer and the rule of law means that when you are in court, you have rights and they must be decided impartially and fairly. Now the Indonesian legal system and the cracks that are beginning to appear are in the spotlight. Chan and Sukumaran handed out SIM cards to stay in touch. During their stay, the police noticed that the group spent a lot of time in their hotel rooms, although Rush and Czugaj made the most of their time in Bali, shopping, eating, drinking and practicing water sports. The group met again on April 16 for a final briefing claimed by police before meeting for the last time at the airport before its arrest on April 17. After receiving information about the AFP group, including names, passport numbers and information about its links to a possible illegal drug trade, Indonesian police placed the group under constant surveillance for a week before their arrest. [1] Details of the previous criminal convictions of some of the defendants were not disclosed during the trial so as not to interfere with the legal defense in Indonesia. After the Denpasar District Court handed down guilty verdicts and verdicts, it was reported in the Australian media that members of the group had been convicted of crimes in Australia prior to their arrest in Indonesia.

In December 2004, Rush pleaded guilty to 16 offences in Inala Magistrates` Court in Queensland, including drug possession, fraud, theft and drunk driving.

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