Drug smuggling Andrew Chan

1 drug smuggling

1.1 arrest
1.2 criticism of australian federal police tipoff
1.3 trial
1.4 sentencing , appeal
1.5 reaction in australia

drug smuggling

it alleged chan flew bali on 16 october 2004, lawrence arriving in bali on same date. lawrence claimed chan in regular contact when stayed in istana rama hotel in kuta, , chan in kuta s hard rock complex. media reports stated lawrence alleged on 22 october 2004, sukumaran strapped packages body of both lawrence , chan, , chan s girlfriend, grace, boarded commercial flight australia, clearing security, customs , immigration in both indonesia , australia. lawrence claimed , chan met @ airport, packages removed, of them taken house, , lawrence went home. few days later lawrence claimed chan handed envelope a$10,000 cash.

lawrence claimed similar trip organised following chan s orders, departed australia on 5 december 2004. lawrence claimed 7 others involved, including chan, matthew norman, , tan duc thanh nguyen (going alias of david). lawrence claimed again given cash purchase air flights , accommodation 8 days, staying again @ istana rama in kuta. however, second delivery aborted when heroin suppliers failed deliver due financial matter or knowing plan shipment cancelled .

according lawrence, again under chan s instructions, lawrence departed australia on 6 april 2005. day before, lawrence, stephens , si yi chen met sukumaran police allege drug smuggling tools such sealable plastic bags, medical tape, elastic waist bands , skin tight bike shorts stuffed bags of lawrence , stephens. lawrence claims given cash, whereas stephens claims life threatened. according media reports, police records show during stay in bali, chan in daily contact lawrence, until 13 april, when chan changed mobile phone number. on same day, chan instructed lawrence , other members of bali 9 change hotels. original planned departure date of 14 april bali delayed chan suspected australian , indonesian police aware of plans.

arrest

chan arrested on 17 april 2005 seated on australian airlines flight waiting depart ngurah rai airport in denpasar, indonesia, sydney. arrested carrying 3 mobile phones , boarding pass; however, no drugs found in possession.

around same time chan arrested, indonesian police arrested 4 drug mules collectively carrying 8.3 kg (18 lb) of heroin concealed on bodies. martin stephens found carrying 3.3 kg (7.3 lb); renae lawrence found carrying 2.689 kg (5.93 lb); michael czugaj found carrying 1.75 kg (3.9 lb) , scott rush found carrying 1.3 kg (2.9 lb) of heroin. little later same day, indonesian police arrested si yi chen, tan duc thanh nguyen, myuran sukumaran , matthew norman @ melasti hotel in kuta. indonesian police claim latter group in possession of 334 g (11.8 oz) of heroin , bundles of plastic wrapping, elastoplast tape, , set of scales, indicating involvement in plan transport drugs australia.

criticism of australian federal police tipoff

lee rush, father of scott rush, fellow member of bali nine, said contacted australian federal police (afp) prior commission of offence, fearing son travelling bali , commit drug-related crime. rush senior claims have received assurances afp tell son under surveillance dissuade him going through crime before group s departure indonesia. scott rush s lawyers said never contacted. revealed afp alerted indonesian police crime committed approximately 2 weeks before arrests, , had commenced investigation ten weeks prior arrests. when bali 9 arrested, news of tipoff became public , there criticism of role of afp in protecting interests of australian citizens. commenting on matter @ time, afp commissioner mick keelty reported saying:

1 of things ve got remember operate within our criminal-justice system here in australia, , if co-operated countries had same criminal-justice system, our co-operation wouldn t extend far beyond australia. have work systems operate in other countries, , large degree has been successful, in terms of heroin trafficking.

rush took action in federal court of australia against afp breach of bilateral treaty between indonesia , australia when information handed afp indonesians. rush s case claimed such information should released attorney-general. however, commonwealth government maintained treaty applies after suspect charged. application dismissed federal court in january 2006.

trial

criminal trials accused commenced in denpasar district court on 11 october 2005. chen, nguyen, , norman, arrested @ melasti hotel , earning numeric epithet, melasti three, tried together, remaining 6 defendants, including chan, tried separately.

in december 2005, reported tensions building between bali 9 drug mules , sukumaran , chan. several days later, lawyers acting members of bali 9 sought support of director of public prosecutions intervene , lay charges conspiracy import drugs, 9 extradited , charged under australian law. however, judges hearing trial matters in bali called australia not intervene in indonesia s right impose capital punishment;. lawyers acting stephens, 1 of bali nine, claimed fairness of trial in jeopardy following comments made in media indonesian foreign minister hassan wirajuda australians should prepared members of bali 9 receive death sentence, if found guilty.

giving evidence against chan, lawrence testified had received threats of harm against herself , family if did not proceed plan import heroin australia. claimed before denpasar district court chan ordered book flight bali , did not know why ordered travel. drug mule, rush, later convicted of drug trafficking, accused chan of strapping heroin body while wearing rubber gloves.

throughout trial, chan remained silent. during final plea, reading two-page statement, chan commented:

didn t in court because if did, d lying. truth is, know nothing. lot of lies have been said against me, true reality m not people put me out be. ve never threatened in life. outcome wish, of course, , family find release me, had nothing participate in this......the reason why smile because feel lord s presence anywhere go , gives me courage. feel in courtroom today. m 22-years-old , m young man, ask honour give me opportunity restart new fulfilled life.

the prime minister of australia, john howard, said australian government oppose death sentences imposed, saying:

have long-standing opposition death penalty , s known if death penalty imposed on australian ask that death penalty not imposed.

sentencing , appeal

in january 2006, prosecutors called death penalty handed down on chan, after earlier calls same demand against sukumaran – 2 calls of death put forward prosecutors of bali nine. prosecutors told bali court there no reason show leniency because chan helped organise heroin smuggling operation. prosecutors claim sukumaran , chan strapped heroin bodies of fellow accused. indonesian police identified chan 1 of main players in major smuggling ring.

found guilty of drug trafficking, on 14 february 2006 3 judges in denpasar district court sentenced chan death firing squad. in handing down ruling, claimed chan had not been straightforward in evidence , had shown no remorse. commenting on sentences @ time, afp commissioner keelty stated:

stand police , ve done ... federal court made decision saying not had acted lawfully acted in accordance government policy.

prime minister howard reported commenting:

police there protect ravages of drugs , hope every young australian might in wildest imagination think can away take lesson this. ...... feel desperately sorry parents of these people. do. of parents feel way, warnings have been there decades.

julian mcmahon, melbourne human rights lawyer took on case in 2006 on pro-bono basis, appealed against severity of chan s sentence indonesian supreme court. during appeal hearings revealed chan has girlfriend , governor of kerobokan prison described chan , sukumaran model prisoners , chan , sukumaran have positive influence on other prisoners. in final appeal, chan reported stating:

apologise indonesian people, apologise family , realise actions have brought shame , suffering whole family. if pardoned... hope 1 day able have own family , work pastor can give guidance young people. can still contribute great deal during life. have lost integrity , will, , brought deep shame , outrageous suffering loved ones.

on 17 june 2011, announced indonesian supreme court had rejected chan s appeal against death sentence on 10 may 2011. indonesian president @ time, susilo bambang yudhoyono, had power grant clemency, although media reports considered unlikely , expected chan executed. in october 2014, joko widodo (jokowi) succeeded yudhoyono president. jokowi holds hardline position against drugs. in january 2015 australian prime minister tony abbott australian minister foreign affairs julie bishop made further representations jokowi , indonesia s foreign minister retno marsudi clemency in commutation of chan s sentence. chan s plea clemency dismissed. in late january lawyers chan , sukumaran filed application judicial review cases; rejected denpasar district court few days later. meanwhile, indonesian officials continued planning execution of chan , sukumaran:

applied norm judicial review doesn t stop execution process, convicts have received president s decree declines clemency request.

in final attempt avert death penalty, on 9 february lawyers chan , sukumaran launched rare challenge against indonesian president s refusal grant them pardons; dismissed indonesian government day later.

on 11 february 2015, indonesian authorities approved transfer of andrew chan , myuran sukumaran kerobokan prison, in preparation execution.

reaction in australia

a candlelight vigil hosted mercy campaign, entitled music mercy, held in sydney s martin place on evening of 29 january 2015 in support of chan , sukumaran. concert featured performances archibald prize artist ben quilty, singer-songwriter megan washington, josh pyke, kate miller-heidke, paul mac, glenn richards augie march, , presets julian hamilton; andrew denton, partner, jennifer byrne, , missy higgins recorded video messages of support chan , sukumaran. amnesty international organised similar vigils in federation square, melbourne, adelaide, canberra, , byron bay.

on 13 february, australia s foreign minister, julie bishop, raised potential boycott of bali tourism destination should executions proceed. former high court judge michael kirby stated expected decline in tourism potential consequence of executing chan , sukumaran. both bishop , tanya plibersek, labor s foreign affairs spokeswoman, made pleas clemency in australian parliament. quilty , victorian supreme court judge lex lasry visited chan , sukumaran in bali.