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{{Infobox Criminal |
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The grand old David York |
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| subject_name = Schapelle Corby |
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He had ten thousand socks |
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| image_name = |
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He marched them up to the top of the hill |
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| image_size = 190px |
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And he pushed them down and off! |
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| image_caption = |
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When they were up, they were up |
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| date_of_birth = {{birth date and age|1977|07|10}} |
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And when they were down, they were down, |
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| place_of_birth = [[Queensland, Australia]] |
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And when they were only halfway up |
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| date_of_death = |
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They were neither up nor down! |
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| place_of_death = |
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| penalty = 20 years [[imprisonment]] |
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| status = in prison |
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| occupation = shop assistant, [[beauty therapy]] student |
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}} |
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'''Schapelle Leigh Corby''' (born [[10 July]] [[1977]]) is an [[Australia]]n convicted and imprisoned in Indonesia for [[drug smuggling]]. She is a former beauty therapy student from [[Queensland]]. |
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Corby is currently serving a 20-year sentence (for which she has received approximately one year in remissions) for the importation of {{convert|4.1|kg|lb |abbr=on|lk=on}} of [[Cannabis (drug)|cannabis]] into Bali, Indonesia. She was convicted and sentenced in Bali on [[May 27]], [[2005]] by the [[Denpasar]] (Indonesia) [[District Court]] and is currently serving her sentence in [[Kerobokan Prison]], Bali. On appeal, her conviction and sentence have been confirmed with finality by the Indonesian Supreme Court. |
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Corby has maintained from her arrest onwards that the drugs were planted in her bag and that she did not know about them.<ref name="littlecheer">[http://www.smh.com.au/news/World/Little-cheer-for-Bali-drug-suspect/2004/12/26/1103996440455.html Little cheer for Bali drug suspect], ''/[[The Sydney Morning Herald]]'', December 27, 2004</ref> Her trial and conviction were a major focus of attention for the Australian media. Her current release date, with remissions, is in [[2024]]. |
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==Early life== |
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While in Australia, Corby lived on the [[Gold Coast, Queensland|Gold Coast]]. She enrolled in a part-time beauty therapy course at [[TAFE]], finishing two of four course modules. She then worked in her family's [[fish and chips|fish and chip]] shop.<ref name="Weighingevidence">[http://www.smh.com.au/articles/2005/03/04/1109700677359.html Weighing the evidence], ''The Sydney Morning Herald'', March 5, 2005</ref> Her father worked as a coal miner; her elder sister Mercedes married a [[Balinese people|Balinese]] man and they were on holiday in Bali at the time of Corby's arrest.<ref name="MakingOfAMartyr">{{cite news|title=The making of a Martyr|publisher=The Age|date=2005-05-27|accessdate=2007-05-16|last=McMahon|first=Neil|url=http://www.theage.com.au/news/Corby-Case/Australias-obsession/2005/05/26/1116950820548.html}}</ref> |
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Corby was once married to a [[Japanese people|Japanese]] man; her ex-husband gave an interview with Australian magazine ''[[New Idea]]'' under the pseudonym "Kimi Tanaka" in which he described their romance and marriage. According to Tanaka, the two met in the mid-1990s while he was on a [[working holiday visa]] and employed at the supermarket where Corby shopped. She spoke to him in [[Japanese language|Japanese]] one day, and the two later began dating.<ref name="MakingOfAMartyr"/> After his return to Japan, Corby continued to visit him, and the two married on [[19 June]], [[1998]] in the isolated town of [[Omaezaki, Shizuoka|Omaezaki]], [[Shizuoka Prefecture]]. While living in Omaezaki, she worked at a traditional Japanese inn; her husband also found work in the hospitality industry and as a seasonal worker on nearby tea farms. Her neighbours had good memories of her, but observed that she seemed lonely.{{Fact|date=January 2008}} She also increasingly quarreled with her husband, leading to the couple's separation and Corby returning to Australia in July 2000. The couple's [[divorce]] was finalized in 2003. Tanaka soon remarried and became a father, and after October 2004 did not have any further contact with Corby.<ref>{{cite news|title=Schapelle Corby's Unknown Life in Japan|publisher=ikjeld.com|date=2005-05-29|accessdate=2008-01-18|last=Duits|first=Kjeld|url=http://www.ikjeld.com/japannews/00000164.php}}</ref> |
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Returning home to Australia, Corby stopped over in Bali, where she had been five times since the age of sixteen, though some of those trips were stopovers on her way to or from Japan.<ref name="evidencelost">[http://www.theage.com.au/articles/2005/03/04/1109700679630.html Evidence lost and bungled could decide trial], ''The Age'', 5 March 2005</ref> |
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{{Australian criminals}} |
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==Arrest and trial== |
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===Arrest=== |
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On [[October 8]], [[2004]], Corby was apprehended by Indonesian [[customs]] agents at [[Ngurah Rai Airport]] on her arrival in Bali from Australia. Corby was found to have {{convert|4.1|kg|lb st|abbr=on|lk=on}} of cannabis in her unlocked [[bodyboard]] bag. Customs officer Gusti Nyoman Winata alleged that she tried to prevent him opening the compartment of the bag containing the cannabis. Corby denied this allegation during the trial, saying she originally opened the bag after being asked by Winata whose bag it was. |
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Corby stated that she had no knowledge of the drugs. Her defence centred on the theory that she had become an unwitting [[Mule (smuggling)|drug courier]] for what was supposed to have been an interstate shipment of drugs between Brisbane and Sydney in Australia. |
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===Prima facie case=== |
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According to Professor Tim Lindsay, director of the [[University of Melbourne]]'s Asian Law Centre, the prosecution had a ''[[prima facie]]'' case against Corby, established merely by her possession of the narcotics, regardless of her knowledge. In a lecture given at Melbourne University, he said, "Suffice to say that being caught with drugs on you, whether strapped to you or in a bag that is your property, is probably going to be sufficient in most instances for the prosecution to establish a prima facie case. The question then arises as to how that prima facie case is answered by a defence team."<ref name="linseylecture">[http://harangue.lecture.unimelb.edu.au/ilectures/ilectures.lasso?ut=707&id=19721 Misunderstanding Indonesian law? The Trials of the Bali Bombers, Schapelle Corby and the Bali 9], Professor Tim Linsey, May 17, 2005</ref> |
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===Defence=== |
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<!--Please do not change "defence" to "defense" - see talk page.--> |
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Corby's lawyers argued that she had no knowledge of the cannabis until customs officials at the airport found it. They claimed that baggage handlers in Brisbane may have put the cannabis in her bag without her knowledge, acting as part of an inter-state drug smuggling network. According to her attorneys, the cannabis was to be removed in Sydney, but was not. |
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Three of Corby's travelling companions testified in court that they had seen Corby pack her bag before leaving for the airport and that only the flippers and yellow bodyboard were inside it. They also said that Corby did open the bag herself at the customs counter. |
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====John Ford's allegations==== |
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{{wikinews|Corby's star witness convicted of rape}} |
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John Patrick Ford, a prisoner at [[Port Phillip Correctional Centre|Port Phillip Prison]] who was awaiting trial and was subsequently convicted on charges of rape, was flown to Indonesia to give evidence in Corby's defence. |
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Ford testified that he overheard a conversation in prison between two men and alleged that one of the men planted the marijuana in Corby's bodyboard bag in [[Brisbane]] with the intention of having another person remove it in [[Sydney]]. He stated that the drugs were owned by Ron Vigenser, who had been a prisoner at the same gaol as Ford.<ref name="drugbaron">[http://www.theage.com.au/news/National/Drug-baron-would-kill-us-Corby-witness-says/2005/03/29/1111862390431.html Drug baron would kill us, Corby witness says], The Age, March 30, 2005</ref> He stated that a mix-up resulted in the marijuana not being removed and subsequently being transported to Indonesia, all without Corby's knowledge. He refused to name the man whom he stated planted the drugs. In the Australian media Vigenser has strenuously denied any connection with the drugs and has reportedly given a statement to the [[Australian Federal Police]]. |
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A $1,000,000 AUD reward was offered for information to substantiate claims made by Ford about baggage handlers with no result. Following his return from Bali, Ford was convicted of rape. Subsequently in prison, he was beaten and stabbed and then held in solitary protective custody.<ref name="fordstabbled">[http://edition.cnn.com/2005/WORLD/asiapcf/05/05/corby.stab/index.html Corby drug witness stabbed] CNN, Friday, May 6, 2005</ref> |
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The prosecution pointed out that his evidence was entirely [[Hearsay in English Law|hearsay]] and that he was facing trial for several serious offences in Australia. Legal commentators in Australia have remarked that Ford's testimony, as hearsay, would be inadmissible evidence in an Australian court. Professor Tim Lindsay stated that the defence case contained "''virtually nothing that was admissible evidence to be given weight under Indonesian criminal procedure law''".<ref name="no-option">[http://www.abc.net.au/7.30/content/2005/s1379035.htm Judges had no option, law expert says] The 7.30 Report, May 27, 2005</ref> An Indonesian judge referred to Ford's evidence as "Hearsay upon hearsay". |
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====Alleged involvement of baggage handlers==== |
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According to the ''Sydney Morning Herald'' Corby flew out of Sydney on the same day ([[8 October]], [[2004]]) as a large shipment of cocaine was shipped out of the airport by a drug ring involving corrupt baggage handlers. During the week of [[9 May]], [[2005]] in Australia several arrests occurred related to cocaine smuggling through Sydney airport. Her defence claimed that the cannabis was planted in her bag by mistake by baggage handlers. |
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However, the AFP commissioner [[Mick Keelty]] stated that a key aspect of her defence was not supported by the available intelligence<ref name="afp-comments">[http://www.abc.net.au/am/content/2005/s1367014.htm Law Council angered by AFP comments on Corby case] AM, May 12, 2005</ref> and that the cocaine-smuggling ring which had been discovered involved the reception of shipments of drugs from overseas, not the transportation of drugs domestically.<ref name="flimsy">[http://www.theage.com.au/news/National/Corbys-defence-intelligence-flimsy/2005/05/11/1115585012883.html Corby's defence intelligence 'flimsy'] The Age, May 11, 2005</ref> |
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====Ron Bakir==== |
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{{Main|Ron Bakir}} |
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Ron Bakir, a Gold Coast entrepreneur and discharged bankrupt, claimed that he had retained the services of the Australian law firm Hoolihans to investigate the origin of the drugs. He made statements suggesting that he would fund Corby's defence. Bakir later registered a company titled ''Schapelle Corby Pty Ltd'',<ref name="Bakircompany">[http://www.abc.net.au/worldtoday/content/2005/s1370543.htm Ron Bakir registers Schapelle Corby as company name] The World Today, May 17, 2005</ref> and made statements to Corby's family that they owed him several hundred thousand dollars. |
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Bakir accused the prosecution team (chief prosecutor [[Ida Bagus Wiswantanu]]) of seeking a [[bribe]] to reduce the requested sentence. The prosecution team and the Indonesian government vehemently denied that this occurred. Corby's legal team were openly angry with Bakir since this could cause the imposition of a more severe penalty. |
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Bakir cut ties with the Schapelle Corby case on [[24 June]], [[2005]] after Corby wrote a letter asking to disassociate herself.<ref name="bakircutsties">[http://www.smh.com.au/articles/2005/06/24/1119321900848.html Bakir cuts all ties with Corby] The Sydney Morning Herald, June 24, 2005</ref> ''Schapelle Corby Pty Ltd'' was voluntarily deregistered on 23/10/2005. |
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====Corby's pleas==== |
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Corby made numerous emotional pleas to be released. At the defence's last address to the court, [[April 29]], [[2005]], Corby said to the three judges: |
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{{cquote|I cannot admit to a crime I did not commit. And to the judges, my life at the moment is in your hands, but I would prefer if my life was in your hearts....And your Honour, I ask of you to show compassion, to find me innocent, to send me home.'' Saya tidak bersalah ''("I am not guilty", in [[Indonesian language|Indonesian]]).<ref name="lifeinhands">[http://www.theaustralian.news.com.au/printpage/0,5942,15118606,00.html My life's in your hands, Corby tells judges] The Australian, April 29, 2005</ref>}} |
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Corby also wrote to the case's prosecutor, [[Ida Bagus Wiswantanu]], and judges with a request for leniency.<ref>{{cite web|url=http://www.news.com.au/story/0,10117,15294222-421,00.html|title=www.news.com.au/story/0,10117,15294222-421,00.html<!--INSERT TITLE-->}}</ref> |
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===Controversy=== |
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The following points have been identified by many as flaws in the way Corby and her team presented her case:{{Fact|date=January 2008}} |
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* The rejection of an offer of experienced defence barristers: After the verdict, Australian Foreign Minister [[Alexander Downer]] revealed that the government had offered the free help of two highly skilled [[Queen's Counsel]] and that this offer was rejected. However the family took up the offer for the High court appeal, but after more damaging allegations of bribery by the barristers, further assistance was refused.<ref name="QCoffer">[http://www.theage.com.au/articles/2005/05/27/1117129876181.html?from=top5 Government offers QCs for Corby appeals] The Age, May 27, 2005</ref> |
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* Failure to attack the weaknesses of forensic evidence. The bag of cannabis was not weighed or fingerprinted by the Indonesians. Tim Lindsay of the [[University of Melbourne]], Asian law expert, suggested that a greater focus on the weaknesses of the forensic evidence could have been helpful.<ref name=no-option/> |
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* Use of hearsay evidence: No substantive probative evidence was presented to back up the suggestion that baggage handlers had put the drugs in Corby's bag. Hearsay evidence from John Patrick Ford was a distraction and had no chance of being accepted as having probative value. |
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* Other agendas: Defence lawyers and other Corby supporters often seemed to be equally interested in their own publicity and celebrity as they were with Corby's interests. |
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* Trial by media: Seemingly no effort was made to lower the profile of the case in the media. Even minor issues were the subject of headlines. The high profile of the case made it impossible to come to a quiet, negotiated settlement with the Indonesian justice system. |
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* Persons associated with Corby publicly attacked the Indonesian judges and legal system in the media. (Notably [[Ron Bakir]] suggested that bribery was inherent in the system.) |
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Criticism of the prosecution's case included: |
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* The bag of cannabis was not fingerprinted by the Indonesian custom officials or police, nor analysed to determine its source of origin. |
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* Indonesia police rejected assistance from Australian Federal Police to DNA test the cannabis and bag. On December 3rd 2004 Corby signed papers for her consent for testing to be done by the AFP but Indonesian Police would not release a sample for testing - the Australian Federal Police would have had no jurisdiction over a domestic Indonesian criminal case. |
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* No attempt was made to search or weigh Corby's other luggage, even after she demanded it, though again, there was no obligation upon Indonesian police to do so. Her belongings were searched after she was taken into custody. |
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* CCTV cameras at the Bali airport could corroborate or contradict Corby's account of what happened in customs. The prosecutor said the tapes were not checked. The defence requested to see them. Corby's mother claims that Schapelle requested the CCTV footage be shown in court, to which the judge replied, "We will use that if we need to". Corby's mother claims the footage was never shown.<ref name="RosleighRose">[http://www.bluedogs.com.au Guy Pilgrim and Rosleigh Rose</ref> |
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===Verdict and sentence=== |
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{{wikinews|Schapelle Corby found guilty, sentenced to 20 years}} |
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The verdict in the Corby trial was broadcast live on television in Australia, and the [[Nine Network]] television coverage was also broadcast live in [[New Zealand]]. The coverage included the eighty page trial outline, the verdict and sentencing. |
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On [[27 May]], [[2005]] Corby was found guilty and sentenced to 20 years' jail. She was also fined 100,000,000 [[Rupiah|IDR]] ($A12,663 [[Australian dollar|AUD]]), with an additional six months if unpaid. The defence and prosecution appealed separately to the High Court, the defence appealing for a retrial, the prosecution appealing for life imprisonment. |
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On [[17 August]], [[2006]], Indonesia's [[Independence Day]], Corby received a two-month remission on her 20-year jail term.<ref name="Indonesiacutssentence">[http://www.abc.net.au/news/newsitems/200608/s1717051.htm Indonesia cuts Corby's sentence] ABC, August 17, 2006</ref> On [[December 26]], [[2006]], it was reported she had received another month's remission for good behaviour, advancing her release date to July, 2024. On August 18, 2007, it was announced that Corby lost her chance to have her sentence cut further because she was caught with a mobile phone.<ref name="remission">[http://www.smh.com.au/news/world/months-remission-for-corby-lawrence/2006/12/25/1166895240683.html Month's remission for Corby, Lawrence] The Sydney Morning Herald, December 26, 2006</ref> The offence with the mobile phone also cost her the customary Christmas remission of one or two months for 2007. In addition, visiting rules were tightened after an apparent hoax when a bogus tour operator advertised that tourists could have their photo taken with Corby in exchange for money.<ref name="hoax">[http://www.smh.com.au/news/world/moneyforphotos-hoax-cuts-jail-visits/2007/12/25/1198345008923.html Money-for-photos hoax cuts jail visits] The Sydney Morning Herald, December 25, 2007</ref> |
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===Appeals=== |
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On [[5 July]], [[2005]], the High Court ruled that the case should be reopened by the district court, allowing the defence to call new witnesses. The onus was on the defence team to call sufficient witnesses to prove that Corby did not place the drugs in her boogie board bag. A man was named as the owner of the drugs in Corby's bag. He was named as a key witness, but he said that he 'knows nothing'.<ref>{{cite web|url=http://www.news.com.au/story/0,10117,15834193-29277,00.html|title=www.news.com.au/story/0,10117,15834193-29277,00.html<!--INSERT TITLE-->}}</ref> |
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On [[October 14]], [[2005]], Bali's High Court reduced the sentence to 15 years. Both sides again appealed, this time to Indonesia's Supreme Court. |
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{{wikinews|Corby's 20 year sentence reinstated}} |
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On [[19 January]], [[2006]], the Indonesian Supreme Court overturned the five year reduction in her sentence on appeal and reinstated the original 20 year jail term handed down. The Court also ordered that the evidence - the bodyboard bag and drugs - be destroyed, signalling that the case was now closed.<ref>http://www.thecouriermail.news.com.au/common/story_page/0,5936,17875834%255E3102,00.html</ref> |
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The three-judge panel also rejected a final appeal from Corby, whose lawyers had been seeking a lighter sentence or acquittal. This rejection meant that all legal avenues are now exhausted unless exceptional new evidence can be produced to reopen the case. |
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On [[25 August]], [[2006]], Schapelle Corby appeared before the judges of the Denpasar District Court on an extraordinary appeal. Her lawyers submitted a letter from an Australian government official that CCTV cameras were operating at Sydney airport on the day she left, and indicated that they hoped that footage (although none has been shown to exist) would show drugs being put into Corby's bag. Corby's lawyers also alleged that the trial court did not have evidence of actual ownership of the drugs and so erred in convicting her. The judges agreed to wait ten days to allow for footage to be presented before sending the record to the Supreme Court. There was no possibility of this appeal increasing the term of the current sentence. |
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Corby was scheduled for transfer to the Sukun Women's Prison at Malang, near Indonesia's second-largest city, [[Surabaya]] in East Java, due to prison overcrowding at Bali's Kerobokan Prison. On [[May 26]], [[2007]], the [[Sydney Morning Herald]] reported that the move had been postponed indefinitely due to what an Indonesian official described as improved conditions at Kerobokan.<ref>{{cite web|url=http://www.smh.com.au/news/WORLD/Corbys-move-from-Bali-jail-postponed/2007/05/26/1179601720931.html|title=www.smh.com.au/news/WORLD/Corbys-move-from-Bali-jail-postponed/2007/05/26/1179601720931.html<!--INSERT TITLE-->}}</ref> |
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On [[28 March]], [[2008]], the Indonesian Supreme Court rejected Corby's final appeal against her sentence.<ref name = "partyover">{{cite web|url=http://www.theage.com.au/news/world/corby-loses-final-appeal/2008/03/28/1206207385491.html|title=Corby final appeal rejected, says Indon court>}}</ref> With the failure of this appeal, Corby's sole recourse is clemency from Indonesia's president - but to be eligible for consideration, she would have to renounce her claims of innocence and admit guilt.<ref name="appealdekay">[http://www.smh.com.au/news/WORLD/Corby-drug-appeal-delayed-by-a-week/2006/08/15/1155407794254.html Corby drug appeal delayed by a week] The Sydney Morning Herald, August 15, 2006</ref> Indonesian president Yudhoyono has previously stated that he opposes pardons for drug offenses.<ref name = "partyover"/> |
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==Seized photographs== |
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It was reported that a joint South Australian-Queensland police operation had seized photographs of Corby with a man charged with marijuana smuggling after a police search of the alleged dealer's home. It was reported in the media that the photos had been taken prior to Corby's arrest in Bali.<ref>[http://www.hightimes.com/ht/news/content.php?bid=870&aid=24 Schapelle Corby Photos Seized in Raid :: hightimes.com<!-- Bot generated title -->]</ref> |
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After the reports, Corby's mother, Rosleigh Rose, flew to Adelaide, entered police headquarters, and demanded (unsuccessfully) to see the photographs. She alleged that the photographs were taken with Corby in prison in Bali.<ref>[http://www.abc.net.au/news/items/200512/1531728.htm?sa Mum demands to see Corby photos<!-- Bot generated title -->]</ref><ref>[http://www.theage.com.au/articles/2006/01/19/1137553712153.html Corby clan's growing list of misadventures - National - theage.com.au<!-- Bot generated title -->]</ref> |
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In January 2006, the man in the photographs, Malcolm McCauley, told ''Adelaide Now'' that he had visited Corby in Bali twice in 2005 - but only as a tourist offering support during her drugs trial. Mr McCauley said he first met Corby at her court hearing in May 2005. He said Corby's mother invited him to visit Corby at Kerobokan Prison the following day. Despite claims that the photos had been taken prior to Corby's arrest, Mr McCauley said the photos were taken at an empty fish pond at the prison, where they were permitted by prison guards to sit and talk to Corby.<ref name="CorbyInTheClear">{{cite news|title=CORBY IN THE CLEAR|publisher=AdelaideNow|date=2006-01-12|accessdate=2007-01-27|last=Sluggett|first=Tegan|url=http://www.news.com.au/adelaidenow/story/0,22606,17808352-910,00.html}}</ref> |
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==Amphetamine ring== |
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On [[December 7]], [[2007]], the Australian media reported that three weeks before Corby's arrest an informant provided information regarding an [[amphetamine]] and [[marijuana]] drug-running ring, [[manufacturing]] and [[smuggling]] the drugs from Australia (primarily from Brisbane) into Bali. Four men were named, all associates of Corby, and a successful raid closed down the ring.<ref>[http://www.abc.net.au/news/stories/2007/12/07/2113162.htm?site=queensland ABC News: Corby associates linked to longstanding drug run]</ref> However, a police source stated that they found no evidence Corby was involved in the operation, though they found that she was "well-acquainted with" and "known to" the four men involved (three of whom had drug convictions).<ref>[http://www.theaustralian.news.com.au/story/0,25197,22896773-2702,00.html Police knew Corby linked to smugglers | The Australian<!-- Bot generated title -->]</ref> |
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The Queensland Police Service said in a statement that information obtained from informants "may be found not to be substantiated" and that the leaking of the intelligence report had been referred to the state's Ethical Standards Command and the Crime and Misconduct Commission.<ref>[http://www.smh.com.au/articles/2007/12/07/1196813021184.html SMH Corby link to Bali drug ring]</ref><ref>[http://www.theaustralian.news.com.au/story/0,25197,22896773-2702,00.html Police knew Corby linked to smugglers | The Australian<!-- Bot generated title -->]</ref> Corby's mother, while refusing to comment to several news outlets due to dislike of their previous reporting, angrily denied any link between Schapelle Corby and the individuals in question. |
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==Effect on relations with Indonesia== |
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[[Image:Free.schapelle.corby-belowzero-25.04.2005.jpg|250px|right|thumb|Schapelle Corby support poster in [[Sydney]]]] |
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The Corby case generated intense controversy in Australia and at times expressed publicly with a perceived anti-Indonesian bias, caused tension in Australia's relationship with Indonesia. Mainstream Indonesian media showed minimal interest in the story with the small exception of Bali newspapers. Some small-circulation English language publications such as [[The Jakarta Post]] and the Bali Sun gave moderate levels of coverage. |
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[[2005 Indonesian embassy bioterrorism hoax|A letter was delivered to the Indonesian embassy]] in [[Canberra]] containing an unknown substance on [[May 31]], [[2005]]. It was later found to be non-toxic and was considered a [[hoax]]. |
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It was frequently reported in Australian and Indonesian media that many Australians called aid agencies and demanded donations for the [[2004 Tsunami]] relief be refunded. In response, officials of Australia's largest agencies - including [[World Vision]], headed by [[Tim Costello]] - stated publicly that only a small number of people had made demands for refunds {{Fact|date=February 2007}}. |
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====Australian government response==== |
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During the trial, Corby wrote to then-[[Prime Minister of Australia]] [[John Howard]], saying in part, "as a father and as a leader, I plead for your help. I did not do this. I beg for justice. I don't know how much longer I can do this. Please bring me home." |
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Howard was quoted as saying in response: "I feel for her. I understand why there's a lot of public sympathy for her; I would simply say that I hope justice is done and it's a fair and true verdict...I would ask the rhetorical question: My fellow Australians, if a foreigner were to come to Australia and a foreign government were to start telling us how we should handle (it), we would react very angrily to that."<ref>http://www.thesundaymail.news.com.au/printpage/0,5942,15294222,00.html</ref> |
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The Australian Labor Party generally supported the Government's approach to the case in not wanting to offend Indonesia, while Australian Greens leader Bob Brown condemned the verdict. |
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The Australian Government has pursued a prisoner exchange programme with Indonesia, which could have included Corby.<ref name="prisonerswap">[http://www.smh.com.au/news/world/corby-may-be-swapped/2006/06/28/1151174269549.html Corby to come home in prisoner swap deal] The Sydney Morning Herald, June 29, 2006</ref> However, Corby has stated she is not interested in being exchanged, with her mother saying that Corby has no desire to be among the "big butch sheilas" in Australian women's prisons.<ref name="butchsheilas">[http://www.smh.com.au/articles/2006/01/24/1138066785853.html 'Big butch sheila' fear for Corby], The Sydney Morning Herald, January 24, 2006</ref> |
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==Media and public response== |
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There was considerable media interest in and popular discussion of Schapelle Corby's predicament. The theory that Australian baggage handlers had placed the drugs in her baggage received considerable attention. |
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For many months, every minor development in the case was highlighted on prime-time TV. For example, a minor "collapse" in the court engendered much erroneous speculation that she was pregnant to her erstwhile financial backer, [[Ron Bakir]].{{Fact|date=April 2007}} |
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A poll commissioned and published in June 2005 by the [[Sydney Morning Herald]] found that opinion was divided whether Corby was guilty but there was a perception that the trial had not been carried out fairly.<ref name="smhcorbypoll">[http://www.smh.com.au/news/World/Poll-public-divided-over-Corby/2005/06/06/1117910242360.html Poll: public divided over Corby], The Sydney Morning Herald, June 7, 2005</ref> |
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In Australia, over 100,000 people signed a petition that they believe Corby should be freed. On the other hand, in Indonesia about 40 protesters gathered on [[5 June]], [[2005]] at the Australian embassy in [[Jakarta]] calling for Corby to receive the death sentence, carrying placards with words such as '"Corby, drug dealer, must die"'.<ref>[http://www.news.com.au/story/0,10117,15516750-2,00.html Downer plays down Corby death call | NEWS.com.au<!-- Bot generated title -->]</ref> |
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On [[15 February]] [[2007]], it was reported that both [[Today Tonight]] and [[A Current Affair]] are in "battle" over the Jodi Power and Mercedes Corby rift and having "experts" refuting each others claims on the competing programs.<ref name="battleoftv">[http://newsletters.fairfax.com.au/cgi-bin16/DM/y/hBIeU0To7720Jc10NqS50Ey Corby: battle of the TV experts], The Sydney Morning Herald, February 15, 2007</ref> |
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On [[March 3]] [[2008]], exclusive pictures of what were said to be Corby and her sister Mercedes were shown on [[A Current Affair]], taken after tourists noticed the women having dinner at a bar at [[Kuta]], a town near the Bali airport. Rose denied that it was them.<ref name="girlsnightout">[http://news.smh.com.au/mother-denies-corby-eating-out-in-bali/20080303-1wcx.html Mother denies Corby eating out in Bali], The Sydney Morning Herald, March 3, 2008</ref> |
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==Related persons== |
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===Michael Corby=== |
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During the 1970s, Schapelle's father, Michael Corby was fined for possession of cannabis.<ref name="corbyinsider">[http://www.theaustralian.news.com.au/story/0,20867,21216696-601,00.html Corby insider exposes family's dark past], The Australian, February 13, 2007</ref> He indicated that he was fined AUD$400 for possession of two grams of cannabis. However, he stated that the cannabis was not his, saying ''"Some girl had it and they busted the whole joint and I had to go along for the ride"''.<ref name="meetthecorbys">[http://www.theaustralian.news.com.au/story/0,20867,21217815-601,00.html Meet the Corbys], The Australian, February 13, 2007</ref> He also stated that he has had about a "half-dozen" drunk driving convictions, but added, "Who hasn't?"<ref>[http://www.theage.com.au/articles/2006/01/19/1137553712153.html Corby clan's growing list of misadventures - National - theage.com.au<!-- Bot generated title -->]</ref> |
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A commercial quantity of high grade cannabis weighing {{convert|5|kg|lb st|abbr=on|lk=on}} was seized from a property located beside that of Michael Corby one month prior to his daughter's arrest.<ref name=corbyinsider/> Corby's father and the neighbour had also lived in adjacent properties in [[Middlemount, Queensland]], whilst both worked at the German Creek Mine during the 1990s. A Middlemount resident described them as "pretty friendly."<ref name="fatherlinked">[http://www.abc.net.au/news/newsitems/200601/s1558453.htm Corby's father linked to drug accused], ABC, January 31, 2006</ref> Middlemount is some 500km north of the location on which the cannabis was found. |
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Michael Corby died of [[bowel cancer]] on [[18 January]] [[2008]].<ref>[http://www.smh.com.au/news/national/corbys-father-dies/2008/01/18/1200590669701.html Corby's father dies], SMH, January 18, 2008</ref> |
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===Clinton Rose=== |
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Corby's half-brother Clinton Rose has spent time in jail for a range of offences. He was serving a 15 month sentence in Queensland for [[breaking and entering]], and [[fraud]]. This was his second time in prison.<ref name="familymatters">[http://www.nzherald.co.nz/section/2/story.cfm?c_id=2&objectid=10366538 Family matters cause more Corby conflict], New Zealand Herald, February 02, 2006</ref> In January 2002, Rose had been convicted of drug possession. Rose had pled guilty to what Southport District Judge Robert Hall described as a "campaign of crime", pleading to a total of 62 charges accumulated over a six-month period.<ref>[http://www.theage.com.au/articles/2006/01/19/1137553712153.html Corby clan's growing list of misadventures - National - theage.com.au<!-- Bot generated title -->]</ref> |
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===James Kisina's arrest=== |
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{{main|James Kisina}} |
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Kisina was travelling with Corby when she was arrested in Bali. He had also been carrying the bodyboard bag before the arrest and had appeared in the media to support his sister.<ref name="brotherfight">[http://www.smh.com.au/articles/2006/01/19/1137553692261.html?from=top5 Corby's brother to fight drug charge], The Sydney Morning Herald, January 19, 2006</ref> |
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On the same day as the reinstatement of Corby's original sentence, he appeared in a Brisbane Magistrates Court on drug possession and assault charges.<ref name="halfbrother">[http://www.abc.net.au/news/newsitems/200601/s1551185.htm Half-brother's trial may aid Corby] ABC, January 19, 2006</ref> Kisina, along with two friends, invaded the home of a well-known drug dealer, tied up the occupants and bashed a male occupant before fleeing with a quantity of cannabis and cash.<ref name=brotherfight/> Police stated that the residents were threatened with an iron bar and menaced with a [[machete]]. On [[17 January]], [[2006]], Queensland Police found cannabis in the home of Schapelle Corby's mother and half-brother. |
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Police stated that the house in which [[James Kisina]] broke into had been watched by police for some time and that the occupant of the home was a known drug dealer. |
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Kisina's lawyer denied this and claimed his client broke into the home believing its occupants may have had information that could assist in Schapelle Corby's sentence appeal. On [[8 March]] [[2006]], Kisina appeared in the Beenleigh Magistrates Court in relation to the drug-related home invasion and was committed to stand trial after a committal hearing in June. |
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In Beenleigh District Court on [[October 13]] [[2006]], Kisina pleaded guilty to eight charges: two counts of deprivation of liberty, two counts of assault occasioning bodily harm, and one count each of producing a dangerous drug, possessing a dangerous drug, possessing an item used in a criminal offence and entering a dwelling. He was sentenced on [[October 16]] [[2006]] to a four years imprisonment, to be suspended after 10 months. Kisina had spent 9 months on [[remand]]. He was released from prison on [[November 18]] [[2006]].<ref>[http://au.news.yahoo.com/061016/23/10xmq.html Schapelle's Brother Set To Walk Free] Seven News</ref> |
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===Jodi Power's allegations=== |
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On [[February 12]] [[2007]], Jodi Power, a longtime Corby family friend,<ref name="packmentality">[http://www.theaustralian.news.com.au/story/0,20867,21214291-601,00.html Pack mentality surrounds Schapelle], The Australian, February 13, 2007</ref> appeared on current affairs television program ''[[Today Tonight]]'' during a paid interview filmed in December 2006. Power, who, with her two children, lived for months in Bali during the trial to support Schapelle Corby, made allegations that Corby's sister Mercedes had previously asked Power to transport drugs to Bali. Power also alleged that Mercedes had confessed to smuggling compressed cannabis concealed inside her body into Indonesia. |
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Power claimed that she had seen a vacuum sealed plastic bag similar to the one Schapelle Corby was convicted of using to transport the cannabis to Indonesia at Mercedes Corby's house. She said,''"They were getting marijuana out of it. It looked like the same bag."''<ref name="sistersue">[http://www.smh.com.au/news/national/corby-sister-to-sue-over-lies/2007/02/13/1171128940667.html Corby sister to sue over 'lies'], The Sydney Morning Herald, February 13, 2007</ref> In a further inverview, when asked if Schapelle Corby takes drugs, Power replied, ''"Yes ... I know she's had ecstasy, speed, cocaine."<ref name="corbydoesittoo">[http://www.theaustralian.news.com.au/story/0,20867,21228767-2702,00.html Old friend's new claim: Schapelle did drugs too], The Australian, February 15, 2007</ref> |
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Power took three [[polygraph]] tests on the program, failing the first, however passing the last two. She maintained that she had told the truth about Schapelle Corby but had failed the first polygraph test because she had lied in response to personal questions relating to herself. |
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Power alleged that the Corby family had lied when stating they had no connections to cannabis. Photographs shown on the program reveal Mercedes smoking what appears to be cannabis.<ref name="powerinterview">[http://www.theaustralian.news.com.au/story/0,20867,21214598-601,00.html Former friend accuses Corby family of drug trafficking] The Australian, February 12, 2007</ref> Mercedes has admitted to having "the occasional puff [of marijuana] whilst a teenager"<ref name=sistersue/> and indicated that it was her in the photographs shown on ''Today Tonight'', but that they were taken at age 17. Power herself has admitted to marijuana use--at the Corby house. |
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In response to the statements made by Power, Mercedes was quoted as saying,''"Schapelle is in her final appeal and for Jodi to come out and lie is low"'' stating that the claims can damage Corby's appeal.<ref name="mercedescomment">[http://news.ninemsn.com.au/article.aspx?id=227006 Schapelle's sister to sue] National Nine News (via ninemsn.com.au) February 13, 2007</ref> |
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Mercedes Corby was interviewed in response to Power's claims on [[14 February]] on [[A Current Affair]]. |
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Power's mother, Margaret Power, was interviewed on the [[February 13]] [[2007]] edition of ''Today Tonight''. She stated that her daughter was telling the truth and then suggested that Mercedes also take a polygraph test, expressing her belief that she would fail it. |
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''Today Tonight'' reports that the polygraph expert who conducted the lie detector test on Jodi Power has received numerous death threats. |
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On March 30, 2007, Mercedes Corby filed suit for defamation against ''Today Tonight'' and its producers and staff. The matter was scheduled for initial hearing on May 15, 2007.<ref>[http://www.smh.com.au/news/national/corby-sues-today-tonight/2007/04/02/1175366152418.html Corby sues Today Tonight - National - smh.com.au<!-- Bot generated title -->]</ref> |
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==Autobiography: My Story== |
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[[Image:Corby My Story.jpg|right|thumb|Cover of ''My Story''.]] |
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In November 2006, Corby released an autobiography ''"My Story"''.<ref>{{Citation | last =Corby | first =Schapelle | author-link =http://www.freeschapelle.net/ | last2 =Bonella | first2 =Kathyn | author2-link = | title =My Story | place= | publisher =Macmillan | year =2006 | location =Sydney, Australia | volume = | edition = | url = | doi = | id = ISBN 1405037911}}</ref> The book has sold more than 100,000 copies.<ref name="totallysick">[http://www.smh.com.au/news/world/schapelles-life-is-totally-sick/2006/11/10/1162661897730.html?page=fullpage#contentSwap1 She's bold, she's beautiful, and Schapelle's life is totally sick] The Sydney Morning Herald, November 11, 2006</ref>. Copyrights for the book were assigned by Corby to her sister, Mercedes, and co-author Kathryn Bonella in a move some believe will allow Corby to access proceeds from the sale of the book and avoid Australian laws which restrict convicted criminals from profiting from the proceeds of crime.<ref name="bestseller">[http://www.news.com.au/story/0,23599,21156162-421,00.html Corby may not see money from bestseller] The Australian, February 02, 2007</ref> However, in March 2007, the Queensland Court of Appeal barred the Corby family from spending money generated by the book, pending a claim by the Commonwealth under laws which prevent those who commit crimes from profiting by them.<ref name="frozenprofits">[http://www.smh.com.au/news/national/court-freezes-corby-book-profit/2007/03/27/1174761457691.html Court Freezes Corby Book Profit], The Sydney Morning Herald, March 27, 2007</ref> The sum of $267,500 has been frozen pending forfeiture proceedings.<ref>http://www.smh.com.au/news/national/corby-sues-today-tonight/2007/04/02/1175366152418.html smha.com "Corby sues Today Tonight"</ref> |
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It was also revealed that [[Qantas]] had banned any advertising or sales of the book in their terminals as it was deemed "inappropriate".<ref name="qantasban">[http://www.smh.com.au/news/national/corby-slams-book-ad-ban-as-sinister/2006/11/17/1163266753422.html Corby blasts Qantas ban], The Sydney Morning Herald, November 17, 2006</ref> |
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In July 2007, a Queensland court granted the government the right to interview four individuals in the publishing industry, who were not named, in order to secure evidence. It was also revealed that Mercedes Corby had ordered that the proceeds from the book, as well as from a subsequent paid interview, be deposited in the name of her Indonesian husband. |
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==See also== |
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*[[Australia-Indonesia Prisoner Transfer Agreement]] |
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*[[Bali Nine]] |
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*[[Illegal drug trade]] |
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*[[Legal issues of cannabis]] |
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*[[List of Australians in international prisons]] |
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*[[Michelle Leslie]] |
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==References== |
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<references/> |
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</div> |
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==Additional references== |
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* {{cite news | title=Corby lodges lastditch appeal | date=11 August, 2006 | publisher=The Age | url=http://www.theage.com.au/news/world/corby-lodges-lastditch-appeal/2006/08/11/1154803073014.html}} |
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* [http://www.theaustralian.news.com.au/common/story_page/0,5744,17913841%255E1702,00.html No link in Corby brother drug case] |
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* {{cite news | title= |
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Snapped with alleged dealer | date=December 11, 2005 | publisher=The Sydney Morning Herald | url=http://www.smh.com.au/news/world/snapped-with-alleged-dealer/2005/12/10/1134086845341.html}} |
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* {{cite news | title= |
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Here's a thriller for a long flight |date=September 21, 2005 | publisher=The Sydney Morning Herald | url=http://www.smh.com.au/news/national/heres-a-thriller-for-a-long-flight/2005/09/21/1126982127294.html}} |
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* {{cite news | title=I ask for you... to find me innocent | date=29 April, 2005 | publisher=The Age | url=http://www.theage.com.au/news/National/Corbys-statement-in-full/2005/04/28/1114635690096.html}} |
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* {{cite news | title= |
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Crowe heartbroken at Corby's plight | date=22 April, 2005 | publisher=The Age | url=http://theage.com.au/articles/2005/04/22/1114152318870.html}} |
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{{DEFAULTSORT:Corby, Schapelle}} |
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[[Category:1977 births]] |
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[[Category:Australian drug traffickers]] |
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[[Category:Australians imprisoned abroad]] |
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[[Category:Indonesian prisoners and detainees]] |
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[[Category:Living people]] |
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[[Category:People from Queensland]] |
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[[Category:Australian criminals]] |
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[[id:Schapelle Corby]] |
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Revision as of 22:59, 29 March 2008
Schapelle Corby | |
---|---|
Status | in prison |
Occupation(s) | shop assistant, beauty therapy student |
Criminal penalty | 20 years imprisonment |
Schapelle Leigh Corby (born 10 July 1977) is an Australian convicted and imprisoned in Indonesia for drug smuggling. She is a former beauty therapy student from Queensland.
Corby is currently serving a 20-year sentence (for which she has received approximately one year in remissions) for the importation of 4.1 kg (9.0 lb) of cannabis into Bali, Indonesia. She was convicted and sentenced in Bali on May 27, 2005 by the Denpasar (Indonesia) District Court and is currently serving her sentence in Kerobokan Prison, Bali. On appeal, her conviction and sentence have been confirmed with finality by the Indonesian Supreme Court.
Corby has maintained from her arrest onwards that the drugs were planted in her bag and that she did not know about them.[1] Her trial and conviction were a major focus of attention for the Australian media. Her current release date, with remissions, is in 2024.
Early life
While in Australia, Corby lived on the Gold Coast. She enrolled in a part-time beauty therapy course at TAFE, finishing two of four course modules. She then worked in her family's fish and chip shop.[2] Her father worked as a coal miner; her elder sister Mercedes married a Balinese man and they were on holiday in Bali at the time of Corby's arrest.[3]
Corby was once married to a Japanese man; her ex-husband gave an interview with Australian magazine New Idea under the pseudonym "Kimi Tanaka" in which he described their romance and marriage. According to Tanaka, the two met in the mid-1990s while he was on a working holiday visa and employed at the supermarket where Corby shopped. She spoke to him in Japanese one day, and the two later began dating.[3] After his return to Japan, Corby continued to visit him, and the two married on 19 June, 1998 in the isolated town of Omaezaki, Shizuoka Prefecture. While living in Omaezaki, she worked at a traditional Japanese inn; her husband also found work in the hospitality industry and as a seasonal worker on nearby tea farms. Her neighbours had good memories of her, but observed that she seemed lonely.[citation needed] She also increasingly quarreled with her husband, leading to the couple's separation and Corby returning to Australia in July 2000. The couple's divorce was finalized in 2003. Tanaka soon remarried and became a father, and after October 2004 did not have any further contact with Corby.[4]
Returning home to Australia, Corby stopped over in Bali, where she had been five times since the age of sixteen, though some of those trips were stopovers on her way to or from Japan.[5] Template:Australian criminals
Arrest and trial
Arrest
On October 8, 2004, Corby was apprehended by Indonesian customs agents at Ngurah Rai Airport on her arrival in Bali from Australia. Corby was found to have 4.1 kg (9.0 lb; 0.65 st) of cannabis in her unlocked bodyboard bag. Customs officer Gusti Nyoman Winata alleged that she tried to prevent him opening the compartment of the bag containing the cannabis. Corby denied this allegation during the trial, saying she originally opened the bag after being asked by Winata whose bag it was.
Corby stated that she had no knowledge of the drugs. Her defence centred on the theory that she had become an unwitting drug courier for what was supposed to have been an interstate shipment of drugs between Brisbane and Sydney in Australia.
Prima facie case
According to Professor Tim Lindsay, director of the University of Melbourne's Asian Law Centre, the prosecution had a prima facie case against Corby, established merely by her possession of the narcotics, regardless of her knowledge. In a lecture given at Melbourne University, he said, "Suffice to say that being caught with drugs on you, whether strapped to you or in a bag that is your property, is probably going to be sufficient in most instances for the prosecution to establish a prima facie case. The question then arises as to how that prima facie case is answered by a defence team."[6]
Defence
Corby's lawyers argued that she had no knowledge of the cannabis until customs officials at the airport found it. They claimed that baggage handlers in Brisbane may have put the cannabis in her bag without her knowledge, acting as part of an inter-state drug smuggling network. According to her attorneys, the cannabis was to be removed in Sydney, but was not.
Three of Corby's travelling companions testified in court that they had seen Corby pack her bag before leaving for the airport and that only the flippers and yellow bodyboard were inside it. They also said that Corby did open the bag herself at the customs counter.
John Ford's allegations
John Patrick Ford, a prisoner at Port Phillip Prison who was awaiting trial and was subsequently convicted on charges of rape, was flown to Indonesia to give evidence in Corby's defence.
Ford testified that he overheard a conversation in prison between two men and alleged that one of the men planted the marijuana in Corby's bodyboard bag in Brisbane with the intention of having another person remove it in Sydney. He stated that the drugs were owned by Ron Vigenser, who had been a prisoner at the same gaol as Ford.[7] He stated that a mix-up resulted in the marijuana not being removed and subsequently being transported to Indonesia, all without Corby's knowledge. He refused to name the man whom he stated planted the drugs. In the Australian media Vigenser has strenuously denied any connection with the drugs and has reportedly given a statement to the Australian Federal Police.
A $1,000,000 AUD reward was offered for information to substantiate claims made by Ford about baggage handlers with no result. Following his return from Bali, Ford was convicted of rape. Subsequently in prison, he was beaten and stabbed and then held in solitary protective custody.[8]
The prosecution pointed out that his evidence was entirely hearsay and that he was facing trial for several serious offences in Australia. Legal commentators in Australia have remarked that Ford's testimony, as hearsay, would be inadmissible evidence in an Australian court. Professor Tim Lindsay stated that the defence case contained "virtually nothing that was admissible evidence to be given weight under Indonesian criminal procedure law".[9] An Indonesian judge referred to Ford's evidence as "Hearsay upon hearsay".
Alleged involvement of baggage handlers
According to the Sydney Morning Herald Corby flew out of Sydney on the same day (8 October, 2004) as a large shipment of cocaine was shipped out of the airport by a drug ring involving corrupt baggage handlers. During the week of 9 May, 2005 in Australia several arrests occurred related to cocaine smuggling through Sydney airport. Her defence claimed that the cannabis was planted in her bag by mistake by baggage handlers.
However, the AFP commissioner Mick Keelty stated that a key aspect of her defence was not supported by the available intelligence[10] and that the cocaine-smuggling ring which had been discovered involved the reception of shipments of drugs from overseas, not the transportation of drugs domestically.[11]
Ron Bakir
Ron Bakir, a Gold Coast entrepreneur and discharged bankrupt, claimed that he had retained the services of the Australian law firm Hoolihans to investigate the origin of the drugs. He made statements suggesting that he would fund Corby's defence. Bakir later registered a company titled Schapelle Corby Pty Ltd,[12] and made statements to Corby's family that they owed him several hundred thousand dollars.
Bakir accused the prosecution team (chief prosecutor Ida Bagus Wiswantanu) of seeking a bribe to reduce the requested sentence. The prosecution team and the Indonesian government vehemently denied that this occurred. Corby's legal team were openly angry with Bakir since this could cause the imposition of a more severe penalty.
Bakir cut ties with the Schapelle Corby case on 24 June, 2005 after Corby wrote a letter asking to disassociate herself.[13] Schapelle Corby Pty Ltd was voluntarily deregistered on 23/10/2005.
Corby's pleas
Corby made numerous emotional pleas to be released. At the defence's last address to the court, April 29, 2005, Corby said to the three judges:
I cannot admit to a crime I did not commit. And to the judges, my life at the moment is in your hands, but I would prefer if my life was in your hearts....And your Honour, I ask of you to show compassion, to find me innocent, to send me home. Saya tidak bersalah ("I am not guilty", in Indonesian).[14]
Corby also wrote to the case's prosecutor, Ida Bagus Wiswantanu, and judges with a request for leniency.[15]
Controversy
The following points have been identified by many as flaws in the way Corby and her team presented her case:[citation needed]
- The rejection of an offer of experienced defence barristers: After the verdict, Australian Foreign Minister Alexander Downer revealed that the government had offered the free help of two highly skilled Queen's Counsel and that this offer was rejected. However the family took up the offer for the High court appeal, but after more damaging allegations of bribery by the barristers, further assistance was refused.[16]
- Failure to attack the weaknesses of forensic evidence. The bag of cannabis was not weighed or fingerprinted by the Indonesians. Tim Lindsay of the University of Melbourne, Asian law expert, suggested that a greater focus on the weaknesses of the forensic evidence could have been helpful.[9]
- Use of hearsay evidence: No substantive probative evidence was presented to back up the suggestion that baggage handlers had put the drugs in Corby's bag. Hearsay evidence from John Patrick Ford was a distraction and had no chance of being accepted as having probative value.
- Other agendas: Defence lawyers and other Corby supporters often seemed to be equally interested in their own publicity and celebrity as they were with Corby's interests.
- Trial by media: Seemingly no effort was made to lower the profile of the case in the media. Even minor issues were the subject of headlines. The high profile of the case made it impossible to come to a quiet, negotiated settlement with the Indonesian justice system.
- Persons associated with Corby publicly attacked the Indonesian judges and legal system in the media. (Notably Ron Bakir suggested that bribery was inherent in the system.)
Criticism of the prosecution's case included:
- The bag of cannabis was not fingerprinted by the Indonesian custom officials or police, nor analysed to determine its source of origin.
- Indonesia police rejected assistance from Australian Federal Police to DNA test the cannabis and bag. On December 3rd 2004 Corby signed papers for her consent for testing to be done by the AFP but Indonesian Police would not release a sample for testing - the Australian Federal Police would have had no jurisdiction over a domestic Indonesian criminal case.
- No attempt was made to search or weigh Corby's other luggage, even after she demanded it, though again, there was no obligation upon Indonesian police to do so. Her belongings were searched after she was taken into custody.
- CCTV cameras at the Bali airport could corroborate or contradict Corby's account of what happened in customs. The prosecutor said the tapes were not checked. The defence requested to see them. Corby's mother claims that Schapelle requested the CCTV footage be shown in court, to which the judge replied, "We will use that if we need to". Corby's mother claims the footage was never shown.[17]
Verdict and sentence
The verdict in the Corby trial was broadcast live on television in Australia, and the Nine Network television coverage was also broadcast live in New Zealand. The coverage included the eighty page trial outline, the verdict and sentencing.
On 27 May, 2005 Corby was found guilty and sentenced to 20 years' jail. She was also fined 100,000,000 IDR ($A12,663 AUD), with an additional six months if unpaid. The defence and prosecution appealed separately to the High Court, the defence appealing for a retrial, the prosecution appealing for life imprisonment.
On 17 August, 2006, Indonesia's Independence Day, Corby received a two-month remission on her 20-year jail term.[18] On December 26, 2006, it was reported she had received another month's remission for good behaviour, advancing her release date to July, 2024. On August 18, 2007, it was announced that Corby lost her chance to have her sentence cut further because she was caught with a mobile phone.[19] The offence with the mobile phone also cost her the customary Christmas remission of one or two months for 2007. In addition, visiting rules were tightened after an apparent hoax when a bogus tour operator advertised that tourists could have their photo taken with Corby in exchange for money.[20]
Appeals
On 5 July, 2005, the High Court ruled that the case should be reopened by the district court, allowing the defence to call new witnesses. The onus was on the defence team to call sufficient witnesses to prove that Corby did not place the drugs in her boogie board bag. A man was named as the owner of the drugs in Corby's bag. He was named as a key witness, but he said that he 'knows nothing'.[21]
On October 14, 2005, Bali's High Court reduced the sentence to 15 years. Both sides again appealed, this time to Indonesia's Supreme Court.
On 19 January, 2006, the Indonesian Supreme Court overturned the five year reduction in her sentence on appeal and reinstated the original 20 year jail term handed down. The Court also ordered that the evidence - the bodyboard bag and drugs - be destroyed, signalling that the case was now closed.[22]
The three-judge panel also rejected a final appeal from Corby, whose lawyers had been seeking a lighter sentence or acquittal. This rejection meant that all legal avenues are now exhausted unless exceptional new evidence can be produced to reopen the case.
On 25 August, 2006, Schapelle Corby appeared before the judges of the Denpasar District Court on an extraordinary appeal. Her lawyers submitted a letter from an Australian government official that CCTV cameras were operating at Sydney airport on the day she left, and indicated that they hoped that footage (although none has been shown to exist) would show drugs being put into Corby's bag. Corby's lawyers also alleged that the trial court did not have evidence of actual ownership of the drugs and so erred in convicting her. The judges agreed to wait ten days to allow for footage to be presented before sending the record to the Supreme Court. There was no possibility of this appeal increasing the term of the current sentence.
Corby was scheduled for transfer to the Sukun Women's Prison at Malang, near Indonesia's second-largest city, Surabaya in East Java, due to prison overcrowding at Bali's Kerobokan Prison. On May 26, 2007, the Sydney Morning Herald reported that the move had been postponed indefinitely due to what an Indonesian official described as improved conditions at Kerobokan.[23]
On 28 March, 2008, the Indonesian Supreme Court rejected Corby's final appeal against her sentence.[24] With the failure of this appeal, Corby's sole recourse is clemency from Indonesia's president - but to be eligible for consideration, she would have to renounce her claims of innocence and admit guilt.[25] Indonesian president Yudhoyono has previously stated that he opposes pardons for drug offenses.[24]
Seized photographs
It was reported that a joint South Australian-Queensland police operation had seized photographs of Corby with a man charged with marijuana smuggling after a police search of the alleged dealer's home. It was reported in the media that the photos had been taken prior to Corby's arrest in Bali.[26]
After the reports, Corby's mother, Rosleigh Rose, flew to Adelaide, entered police headquarters, and demanded (unsuccessfully) to see the photographs. She alleged that the photographs were taken with Corby in prison in Bali.[27][28]
In January 2006, the man in the photographs, Malcolm McCauley, told Adelaide Now that he had visited Corby in Bali twice in 2005 - but only as a tourist offering support during her drugs trial. Mr McCauley said he first met Corby at her court hearing in May 2005. He said Corby's mother invited him to visit Corby at Kerobokan Prison the following day. Despite claims that the photos had been taken prior to Corby's arrest, Mr McCauley said the photos were taken at an empty fish pond at the prison, where they were permitted by prison guards to sit and talk to Corby.[29]
Amphetamine ring
On December 7, 2007, the Australian media reported that three weeks before Corby's arrest an informant provided information regarding an amphetamine and marijuana drug-running ring, manufacturing and smuggling the drugs from Australia (primarily from Brisbane) into Bali. Four men were named, all associates of Corby, and a successful raid closed down the ring.[30] However, a police source stated that they found no evidence Corby was involved in the operation, though they found that she was "well-acquainted with" and "known to" the four men involved (three of whom had drug convictions).[31]
The Queensland Police Service said in a statement that information obtained from informants "may be found not to be substantiated" and that the leaking of the intelligence report had been referred to the state's Ethical Standards Command and the Crime and Misconduct Commission.[32][33] Corby's mother, while refusing to comment to several news outlets due to dislike of their previous reporting, angrily denied any link between Schapelle Corby and the individuals in question.
Effect on relations with Indonesia
The Corby case generated intense controversy in Australia and at times expressed publicly with a perceived anti-Indonesian bias, caused tension in Australia's relationship with Indonesia. Mainstream Indonesian media showed minimal interest in the story with the small exception of Bali newspapers. Some small-circulation English language publications such as The Jakarta Post and the Bali Sun gave moderate levels of coverage.
A letter was delivered to the Indonesian embassy in Canberra containing an unknown substance on May 31, 2005. It was later found to be non-toxic and was considered a hoax.
It was frequently reported in Australian and Indonesian media that many Australians called aid agencies and demanded donations for the 2004 Tsunami relief be refunded. In response, officials of Australia's largest agencies - including World Vision, headed by Tim Costello - stated publicly that only a small number of people had made demands for refunds [citation needed].
Australian government response
During the trial, Corby wrote to then-Prime Minister of Australia John Howard, saying in part, "as a father and as a leader, I plead for your help. I did not do this. I beg for justice. I don't know how much longer I can do this. Please bring me home."
Howard was quoted as saying in response: "I feel for her. I understand why there's a lot of public sympathy for her; I would simply say that I hope justice is done and it's a fair and true verdict...I would ask the rhetorical question: My fellow Australians, if a foreigner were to come to Australia and a foreign government were to start telling us how we should handle (it), we would react very angrily to that."[34]
The Australian Labor Party generally supported the Government's approach to the case in not wanting to offend Indonesia, while Australian Greens leader Bob Brown condemned the verdict.
The Australian Government has pursued a prisoner exchange programme with Indonesia, which could have included Corby.[35] However, Corby has stated she is not interested in being exchanged, with her mother saying that Corby has no desire to be among the "big butch sheilas" in Australian women's prisons.[36]
Media and public response
There was considerable media interest in and popular discussion of Schapelle Corby's predicament. The theory that Australian baggage handlers had placed the drugs in her baggage received considerable attention. For many months, every minor development in the case was highlighted on prime-time TV. For example, a minor "collapse" in the court engendered much erroneous speculation that she was pregnant to her erstwhile financial backer, Ron Bakir.[citation needed]
A poll commissioned and published in June 2005 by the Sydney Morning Herald found that opinion was divided whether Corby was guilty but there was a perception that the trial had not been carried out fairly.[37]
In Australia, over 100,000 people signed a petition that they believe Corby should be freed. On the other hand, in Indonesia about 40 protesters gathered on 5 June, 2005 at the Australian embassy in Jakarta calling for Corby to receive the death sentence, carrying placards with words such as '"Corby, drug dealer, must die"'.[38]
On 15 February 2007, it was reported that both Today Tonight and A Current Affair are in "battle" over the Jodi Power and Mercedes Corby rift and having "experts" refuting each others claims on the competing programs.[39]
On March 3 2008, exclusive pictures of what were said to be Corby and her sister Mercedes were shown on A Current Affair, taken after tourists noticed the women having dinner at a bar at Kuta, a town near the Bali airport. Rose denied that it was them.[40]
Related persons
Michael Corby
During the 1970s, Schapelle's father, Michael Corby was fined for possession of cannabis.[41] He indicated that he was fined AUD$400 for possession of two grams of cannabis. However, he stated that the cannabis was not his, saying "Some girl had it and they busted the whole joint and I had to go along for the ride".[42] He also stated that he has had about a "half-dozen" drunk driving convictions, but added, "Who hasn't?"[43]
A commercial quantity of high grade cannabis weighing 5 kg (11 lb; 0.79 st) was seized from a property located beside that of Michael Corby one month prior to his daughter's arrest.[41] Corby's father and the neighbour had also lived in adjacent properties in Middlemount, Queensland, whilst both worked at the German Creek Mine during the 1990s. A Middlemount resident described them as "pretty friendly."[44] Middlemount is some 500km north of the location on which the cannabis was found.
Michael Corby died of bowel cancer on 18 January 2008.[45]
Clinton Rose
Corby's half-brother Clinton Rose has spent time in jail for a range of offences. He was serving a 15 month sentence in Queensland for breaking and entering, and fraud. This was his second time in prison.[46] In January 2002, Rose had been convicted of drug possession. Rose had pled guilty to what Southport District Judge Robert Hall described as a "campaign of crime", pleading to a total of 62 charges accumulated over a six-month period.[47]
James Kisina's arrest
Kisina was travelling with Corby when she was arrested in Bali. He had also been carrying the bodyboard bag before the arrest and had appeared in the media to support his sister.[48]
On the same day as the reinstatement of Corby's original sentence, he appeared in a Brisbane Magistrates Court on drug possession and assault charges.[49] Kisina, along with two friends, invaded the home of a well-known drug dealer, tied up the occupants and bashed a male occupant before fleeing with a quantity of cannabis and cash.[48] Police stated that the residents were threatened with an iron bar and menaced with a machete. On 17 January, 2006, Queensland Police found cannabis in the home of Schapelle Corby's mother and half-brother.
Police stated that the house in which James Kisina broke into had been watched by police for some time and that the occupant of the home was a known drug dealer.
Kisina's lawyer denied this and claimed his client broke into the home believing its occupants may have had information that could assist in Schapelle Corby's sentence appeal. On 8 March 2006, Kisina appeared in the Beenleigh Magistrates Court in relation to the drug-related home invasion and was committed to stand trial after a committal hearing in June.
In Beenleigh District Court on October 13 2006, Kisina pleaded guilty to eight charges: two counts of deprivation of liberty, two counts of assault occasioning bodily harm, and one count each of producing a dangerous drug, possessing a dangerous drug, possessing an item used in a criminal offence and entering a dwelling. He was sentenced on October 16 2006 to a four years imprisonment, to be suspended after 10 months. Kisina had spent 9 months on remand. He was released from prison on November 18 2006.[50]
Jodi Power's allegations
On February 12 2007, Jodi Power, a longtime Corby family friend,[51] appeared on current affairs television program Today Tonight during a paid interview filmed in December 2006. Power, who, with her two children, lived for months in Bali during the trial to support Schapelle Corby, made allegations that Corby's sister Mercedes had previously asked Power to transport drugs to Bali. Power also alleged that Mercedes had confessed to smuggling compressed cannabis concealed inside her body into Indonesia.
Power claimed that she had seen a vacuum sealed plastic bag similar to the one Schapelle Corby was convicted of using to transport the cannabis to Indonesia at Mercedes Corby's house. She said,"They were getting marijuana out of it. It looked like the same bag."[52] In a further inverview, when asked if Schapelle Corby takes drugs, Power replied, "Yes ... I know she's had ecstasy, speed, cocaine."[53]
Power took three polygraph tests on the program, failing the first, however passing the last two. She maintained that she had told the truth about Schapelle Corby but had failed the first polygraph test because she had lied in response to personal questions relating to herself.
Power alleged that the Corby family had lied when stating they had no connections to cannabis. Photographs shown on the program reveal Mercedes smoking what appears to be cannabis.[54] Mercedes has admitted to having "the occasional puff [of marijuana] whilst a teenager"[52] and indicated that it was her in the photographs shown on Today Tonight, but that they were taken at age 17. Power herself has admitted to marijuana use--at the Corby house.
In response to the statements made by Power, Mercedes was quoted as saying,"Schapelle is in her final appeal and for Jodi to come out and lie is low" stating that the claims can damage Corby's appeal.[55]
Mercedes Corby was interviewed in response to Power's claims on 14 February on A Current Affair.
Power's mother, Margaret Power, was interviewed on the February 13 2007 edition of Today Tonight. She stated that her daughter was telling the truth and then suggested that Mercedes also take a polygraph test, expressing her belief that she would fail it.
Today Tonight reports that the polygraph expert who conducted the lie detector test on Jodi Power has received numerous death threats.
On March 30, 2007, Mercedes Corby filed suit for defamation against Today Tonight and its producers and staff. The matter was scheduled for initial hearing on May 15, 2007.[56]
Autobiography: My Story
In November 2006, Corby released an autobiography "My Story".[57] The book has sold more than 100,000 copies.[58]. Copyrights for the book were assigned by Corby to her sister, Mercedes, and co-author Kathryn Bonella in a move some believe will allow Corby to access proceeds from the sale of the book and avoid Australian laws which restrict convicted criminals from profiting from the proceeds of crime.[59] However, in March 2007, the Queensland Court of Appeal barred the Corby family from spending money generated by the book, pending a claim by the Commonwealth under laws which prevent those who commit crimes from profiting by them.[60] The sum of $267,500 has been frozen pending forfeiture proceedings.[61]
It was also revealed that Qantas had banned any advertising or sales of the book in their terminals as it was deemed "inappropriate".[62]
In July 2007, a Queensland court granted the government the right to interview four individuals in the publishing industry, who were not named, in order to secure evidence. It was also revealed that Mercedes Corby had ordered that the proceeds from the book, as well as from a subsequent paid interview, be deposited in the name of her Indonesian husband.
See also
- Australia-Indonesia Prisoner Transfer Agreement
- Bali Nine
- Illegal drug trade
- Legal issues of cannabis
- List of Australians in international prisons
- Michelle Leslie
References
- ^ Little cheer for Bali drug suspect, /The Sydney Morning Herald, December 27, 2004
- ^ Weighing the evidence, The Sydney Morning Herald, March 5, 2005
- ^ a b McMahon, Neil (2005-05-27). "The making of a Martyr". The Age. Retrieved 2007-05-16.
- ^ Duits, Kjeld (2005-05-29). "Schapelle Corby's Unknown Life in Japan". ikjeld.com. Retrieved 2008-01-18.
- ^ Evidence lost and bungled could decide trial, The Age, 5 March 2005
- ^ Misunderstanding Indonesian law? The Trials of the Bali Bombers, Schapelle Corby and the Bali 9, Professor Tim Linsey, May 17, 2005
- ^ Drug baron would kill us, Corby witness says, The Age, March 30, 2005
- ^ Corby drug witness stabbed CNN, Friday, May 6, 2005
- ^ a b Judges had no option, law expert says The 7.30 Report, May 27, 2005
- ^ Law Council angered by AFP comments on Corby case AM, May 12, 2005
- ^ Corby's defence intelligence 'flimsy' The Age, May 11, 2005
- ^ Ron Bakir registers Schapelle Corby as company name The World Today, May 17, 2005
- ^ Bakir cuts all ties with Corby The Sydney Morning Herald, June 24, 2005
- ^ My life's in your hands, Corby tells judges The Australian, April 29, 2005
- ^ "www.news.com.au/story/0,10117,15294222-421,00.html".
- ^ Government offers QCs for Corby appeals The Age, May 27, 2005
- ^ [http://www.bluedogs.com.au Guy Pilgrim and Rosleigh Rose
- ^ Indonesia cuts Corby's sentence ABC, August 17, 2006
- ^ Month's remission for Corby, Lawrence The Sydney Morning Herald, December 26, 2006
- ^ Money-for-photos hoax cuts jail visits The Sydney Morning Herald, December 25, 2007
- ^ "www.news.com.au/story/0,10117,15834193-29277,00.html".
- ^ http://www.thecouriermail.news.com.au/common/story_page/0,5936,17875834%255E3102,00.html
- ^ "www.smh.com.au/news/WORLD/Corbys-move-from-Bali-jail-postponed/2007/05/26/1179601720931.html".
- ^ a b "Corby final appeal rejected, says Indon court>".
- ^ Corby drug appeal delayed by a week The Sydney Morning Herald, August 15, 2006
- ^ Schapelle Corby Photos Seized in Raid :: hightimes.com
- ^ Mum demands to see Corby photos
- ^ Corby clan's growing list of misadventures - National - theage.com.au
- ^ Sluggett, Tegan (2006-01-12). "CORBY IN THE CLEAR". AdelaideNow. Retrieved 2007-01-27.
- ^ ABC News: Corby associates linked to longstanding drug run
- ^ Police knew Corby linked to smugglers | The Australian
- ^ SMH Corby link to Bali drug ring
- ^ Police knew Corby linked to smugglers | The Australian
- ^ http://www.thesundaymail.news.com.au/printpage/0,5942,15294222,00.html
- ^ Corby to come home in prisoner swap deal The Sydney Morning Herald, June 29, 2006
- ^ 'Big butch sheila' fear for Corby, The Sydney Morning Herald, January 24, 2006
- ^ Poll: public divided over Corby, The Sydney Morning Herald, June 7, 2005
- ^ Downer plays down Corby death call | NEWS.com.au
- ^ Corby: battle of the TV experts, The Sydney Morning Herald, February 15, 2007
- ^ Mother denies Corby eating out in Bali, The Sydney Morning Herald, March 3, 2008
- ^ a b Corby insider exposes family's dark past, The Australian, February 13, 2007
- ^ Meet the Corbys, The Australian, February 13, 2007
- ^ Corby clan's growing list of misadventures - National - theage.com.au
- ^ Corby's father linked to drug accused, ABC, January 31, 2006
- ^ Corby's father dies, SMH, January 18, 2008
- ^ Family matters cause more Corby conflict, New Zealand Herald, February 02, 2006
- ^ Corby clan's growing list of misadventures - National - theage.com.au
- ^ a b Corby's brother to fight drug charge, The Sydney Morning Herald, January 19, 2006
- ^ Half-brother's trial may aid Corby ABC, January 19, 2006
- ^ Schapelle's Brother Set To Walk Free Seven News
- ^ Pack mentality surrounds Schapelle, The Australian, February 13, 2007
- ^ a b Corby sister to sue over 'lies', The Sydney Morning Herald, February 13, 2007
- ^ Old friend's new claim: Schapelle did drugs too, The Australian, February 15, 2007
- ^ Former friend accuses Corby family of drug trafficking The Australian, February 12, 2007
- ^ Schapelle's sister to sue National Nine News (via ninemsn.com.au) February 13, 2007
- ^ Corby sues Today Tonight - National - smh.com.au
- ^ Corby, Schapelle; Bonella, Kathyn (2006), My Story, Sydney, Australia: Macmillan, ISBN 1405037911
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- ^ She's bold, she's beautiful, and Schapelle's life is totally sick The Sydney Morning Herald, November 11, 2006
- ^ Corby may not see money from bestseller The Australian, February 02, 2007
- ^ Court Freezes Corby Book Profit, The Sydney Morning Herald, March 27, 2007
- ^ http://www.smh.com.au/news/national/corby-sues-today-tonight/2007/04/02/1175366152418.html smha.com "Corby sues Today Tonight"
- ^ Corby blasts Qantas ban, The Sydney Morning Herald, November 17, 2006
Additional references
- "Corby lodges lastditch appeal". The Age. 11 August, 2006.
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(help) - No link in Corby brother drug case
- "Snapped with alleged dealer". The Sydney Morning Herald. December 11, 2005.
- "Here's a thriller for a long flight". The Sydney Morning Herald. September 21, 2005.
- "I ask for you... to find me innocent". The Age. 29 April, 2005.
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(help) - "Crowe heartbroken at Corby's plight". The Age. 22 April, 2005.
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