Monday, February 13, 2006

Whose Idea of Justice Is This?



I know that a number of my regular readers are not from Australia, so I will try to explain the situation as best and as accurately as I can through various references.
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The Facts
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Those from Australia will certainly know this subject very well. It is contraversial, current and worst of all, heartbreaking. A person would not be considered human if he or she didnt feel at least a little saddened by this story. On 17 April 2005, four people were arrested at Bali's Ngurah Rai International Airport, on suspicion of drug trafficking. After they were arrested, and stripped, they were carrying more than eight kilograms of heroin, strapped to their bodies with masking tape. A further five people were arrested at other locations for being involved in the operation.
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It has since been alleged that the three men and one woman were employed by the members of the drug operation to act as "drug mules". Having not been informed of the reason why they were being sent to Bali by these people until they arrived, they were then told that if they didnt traffic the heroin back into Australia, their family members would be killed. Afraid, the four young adults felt that they had no option than to carry the drugs.
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Is It A Crime to Be Naive?

One of the young men, Mr. Scott Rush, was a good looking, friendly young man who had somehow gotten caught up in the "wrong crowd". If you believe their stories, Scott had allegedly been informed by his friend that he had just sold his bakery and had some extra money. As a present, Scott and his friend Michael (who was also arrested) would be taken to Bali for a "free holiday". Scott and Michael were naive. No one doubts that they were silly to have believed that it was as simple as a "free holiday". But being "naive" was never a crime.
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Scott's family accidently found out that he had a flight booked for him to Bali when the travel agent telephoned their house for Scott. They were immediately suspicious. Scott had barely any money, and he did not even own a passport. Afraid of what their son had gotten himself involved in, his parents asked their lawyer for assistance. Their lawyer suggested that they inform the Australian Federal Police, in hope that the AFP would stop Scott and his friend Michael from getting on the plane.
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The Involvement of the Australian Federal Police
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After the AFP were informed by Scott's parents about the possibility of suspicious activity, the AFP informed Scott's parents that they would stop Scott from getting on the plane.

However, they didnt stop Scott or Michael. They allowed them to go to Indonesia, be threatened by the traffickers, be forced to strap heroin to their bodies in fear of their lives, and their family's lives. Scott and Michael were arrested, as was Renae Lawrence and Martin Stephens. They had used Scott, Michael, Renae and Martin as their own mules - mules that would leave them to the "bigger fish" of the operation.
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Scott and Renae were sentenced to life in an Indonesian jail today. The Indonesian judges failed to accept that they did not know they were trafficking drugs when they went to Bali. Martin and Michael are to be sentenced tomorrow. Some of the Bali Nine are expected to be sentenced to death by firing squad.
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Criticism of the Australian Federal Police
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Wikipedia explains:
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"Several parents of the accused criticised the Australian Federal Police for allowing the Indonesian police to arrest the nine, rather than allowing them to fly to Australia and arresting them in Sydney. Terry O'Gorman, president of the Australian Council of Civil Liberties, said that that Australian police had unnecessarily exposed the nine to the possibility of the death penalty. "This is despite the fact that the AFP was the primary investigator and that the end point for the alleged crime was Australia," he said. "It is unexplained why the AFP agreed to hand the case over to the Indonesians with such potentially grave consequences for those arrested."
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"...Scott Rush, Renae Lawrence, Martin Stephens and Michael Czugaj all began legal proceedings in Australia against the Australian Federal Police. Lawyers argued the Australian Federal Police had acted illegally by tipping off Indonesian police with information leading to the arrest of the accused in Bali, and also knowingly exposing them to the death penalty. Federal Court judges dismissed the claims in January, 2006 ..."
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This Isnt Fair
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I know that I will have a tough time convincing people that these young adults didnt deserve what they got.
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But I have a heavy heart when I see the pain in Scott's eyes and the regret that he feels for getting involved in this situation. No kid the age of 19 deserves to be living this kind of hell, because he made one stupid decision.
These kids arent the people that the police should be wasting their time trying to punish. These are merely drug mules. They knew no better. If they want to stop the heroin problem in this world, they need to spend their time and money on finding those higher in the hierachy, not ruin the lives of kids just looking for a holiday.
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I am angry that the Australian Federal Police are going to get away with this. When they were tipped off by Scott Rush's parents, they should have taken it upon themselves to lawfully stop those kids from leaving Australia. Instead, they waited for them to do the crime and arrest them. Its like watching someone who is attacking another with a knife, waiting until the victim is dead and then arrest the person for murder.
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What was there for the AFP to gain by doing this?
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A closer relationship with the Indonesian police.... political motivations.... it makes me sick.
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As a result of the actions of the AFP, four young australian adults are committed to spending the rest of their lives in a jail which reflects that of a third world country. Good, you say? Serves them right for getting mixed up in the wrong crowd? Its not as simple as that. It cant be as simple as that. If their stories are correct, then they were just pawns in a huge big game. They were naive. They were threatened with their lives. They were offered free holidays. When you are more or less destitute, with low self esteem and struggling to make ends meet, you are more susceptible to these "opportunities of a life time".
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The AFP should have done the right thing by their citizens and allow these young adults to arrive home on Australian soil and then arrest them, rather than leave them at the mercy of a judicial system which has a strict "death by firing squad" policy for any person caught trafficking drugs. Indonesia thinks they are doing these kids a favour by sparing them of the death penalty, but by leaving them in those cells in Indonesia to rot may as well be the death penalty.
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If you are interested in this sad story, please visit http://www.abc.net.au/austory/default.htm, which aired a special tonight at 9pm on our television.
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Tonight, I go to bed with a heavy heart.
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9 Comments:

Blogger Overboard said...

I've been following this case on the Prisoner network and quite frankly, whilst the sentences are severe, this severity is known by all who enter such countries. You are told on the plane before you get off, "Don't bring drugs here or we will really piss you off". Innocent? Na. Stupid. Yes. I have no sympathy because heroin destroys lives and I think they knew what they were doing and therefore should pay the consequences for their actions. Next time, choose a country with lighter sentences for parallel crimes.

3:49 AM  
Blogger rob said...

Im sad too, but I guess that in a couple of years time those still alive will be released and it will all settle down? lets hope so anyway! I don`t envy them the indonesian jail. I would be surprised if the death sentence will be issued if their is any remote doubt? but who knows?
its up to your government to lobby where it does the most good. The Bali pocket!

8:38 AM  
Blogger KateOnTheGo said...

Miss Manners,

Scott Rush allegedly entered the country under the impression that he was on a holiday. He would not have taken notice of those signs, or seen any relevance to them anyway.

Secondly, "heroin destroys lives".

Hello!?!? When will heroin users start to take responsibility for their own choices and actions? The heroin didnt just end up in their body. They made a decision, even if it was just once.

I know the dangers of heroin.

You know the dangers of heroin, so why the hell dont they?

The point of my article was that there was no choice for Scott Rush.

It wasnt a case that he could just "choose a different country" to get caught in.

I'm not talking about the ring leaders of this syndicate. They can rot in jail for all I care.

The bottom line is that the AFP failed Scott Rush when his family was only trying to do the right thing.

The AFP have a lot of explaining to do.

1:34 PM  
Blogger Overboard said...

Scott Rush was no innocent in this. If his family really was threatened, yeah right, then they should have gone to the police.
And his parents obviously thought he was involved in something dodgy to have alerted the police in Oz.
So Rush is the only innocent out of them all?
Nah, he wasn't just going on a free vacation. You Ozzies grow up with joints hanging from y'er lips, he was old enough to know about heroin.
The crap thing about this is that that the sentences are too long, but that's what you get if you mess with drugs in SEA. Like Rob said, they'll be released eventually.
Serve's 'em right for getting involved in drugs. If ever I end up penniless, I certainly won't dabble in heroin trafficking. I'll just get a job,like they should have done. Or is normal work too below them?

1:49 PM  
Blogger Overboard said...

I feel very strongly against drugs; especially heroin. I don't see why Rush and Lawrence didn't go to the police in Bali, at the airport, and also phone home to get protection for their parents.
They didn't coz actually they knew what they were doing. Or they were just supremely stupid. If they were stupid, then doesn't really matter that they are going to be locked up for life. They probably had bad tablemanners anyway.

2:05 PM  
Blogger KateOnTheGo said...

Ugh.

Lets agree to disagree Miss Manners.

I think that you underestimate the power of having a gun to your head.

And I certainly dont think that "being stupid" means that they are wastes of space and deserve to be locked up for life.

2:11 PM  
Blogger Overboard said...

You really believe that they had guns put to their heads?
You really think Rush is innocent?
Heroin kills, and whether you be the kingpin or the mule, you are part of that killing process. For sure, the AFP should have arrested them in Oz and then offered protection to the families involved. For sure, they messed up with this one. But Lawrence and Rush are still guilty of getting involved with heroin trafficking.
I can't believe you are so sympathetic to their plight when you have such a gorgeous neice to protect in the future from streets dripping in drugs.

2:17 PM  
Blogger KateOnTheGo said...

I'm not saying he is innocent. I am saying that he doesnt deserve life imprisonment in a Indonesian jail.

As for my neice, I'd like to think that I will have her grow up to understand that drugs are not the answer - to make proper decisions instead of ones that can ruin their lives.

I am not sympathising with heroin traffickers here. I am saying that Scott Rush's circumstances shouldnt be what they are today.

I am not a drug sympathiser of any kind.

2:36 PM  
Blogger Overboard said...

Rush had long list of crimes: report


To reiterate: He should have made some money smuggling heroin in countries who are soft on such crimes. Choosing anywhere in SEA is asking for trouble. I have absolutely no sympathy for him or the others.

8:31 PM  

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