Monday, June 06, 2005

Similar Case in OZ

This is old, but so what. :)

The case is similar, the result were the same. The difference is the media and the ignorant people.
When justice gets lost in translation
Date: June 2 2005

Is Schapelle Corby the victim of rough justice? Ask Chika Honda, writes Sushi Das.

She was jailed for smuggling drugs into a foreign country. She claimed somebody else put them in her bag, but the judge didn't believe her. Her lawyers fought language and cultural problems to put her case, but their efforts came to nothing.

Schapelle Corby? No, her name is Chika Honda. Arrested in Melbourne, she served 10-and-a-half years in Victorian jails before being deported to Japan. Thirteen years on, she is still trying to clear her name.

Miscarriages of justice, if that is what has happened in the Corby case, can happen in any country, even one with a sophisticated legal system untainted by corruption, such as Australia's. Even one whose citizens presume to hold the moral high ground.

Those using the Corby case to slander an entire nation, accusing Indonesia of having a barbaric legal system, where the judges are "monkeys" and justice goes awry, should reflect on the details of the Honda case.


The complete details here: When justice gets lost in translation (The Age)


27 Comments:

Anonymous Anonymous said...

more story:

http://www.heraldsun.news.com.au/common/story_page/0,5478,15517631%255E5000114,00.html

pls post this, thanks =D

6:55 PM  
Anonymous Kat said...

So what, blogmaster? You agree the Corby case was a miscarriage of justice?

8:45 PM  
Anonymous Ray said...

stop being ignorant. you're a law student right? You should know already that he's pointing out that Japan faced the same situation you're facing now but the media never created an 'internationa' frenzy stories and so did Australia public never cared for this case, why must Corby be special?
talking about fairness?

8:56 PM  
Anonymous Anonymous said...

So,..Is that fair for this japanese girl ??????


oh c'mon..........
see..
you guys just talking from your point of view...

see your self before before critize others
.....

11:23 PM  
Anonymous Anonymous said...

So,..Is that fair for this japanese girl ??????


oh c'mon..........
see..
you guys just talking from your point of view...

see your self first before criticise other
.....

11:26 PM  
Anonymous Anonymous said...

Chika Honda was found with 13kgs of HEROIN amongst her and her friends' possessions. I find it very hard to believe that Honda couldn't mount a defense, using issues like her luggage being stolen in Malaysia. I would love to know more about this case, but there isn't much information about the details to help me agree or disagree with you. Either way, Honda's case doesn't exonerate the Indonesian legal system for its flimsy handling of a minor drug case.

11:04 AM  
Anonymous andy said...

4,1 kg ain't minor pumpkin =) In Malaysia you can get executed for 100 gr. Look at Kevin John Barlow's and Brian Geoffrey Chambers' case.

1:43 PM  
Anonymous andy said...

Barlow and Chambers were both arrested at Penang International Airport on November 9, 1983. They were sentenced by the Penang High Court on August 1, 1985 and later hanged in Pudu Prison on July 7, 1986
Australian Prime Minister, Bob Hawke, made a passionate plea for a stay of execution on behalf of the two men. He later labelled Malaysians as "barbarians" for carrying out the executions.
Australia's opposition against the death penalty infuriated Mahathir Mohamad, and led to an aggressive Anti-Australian sentiment potentially harming Australian business.

History's repeating. Although this one is 'only' 20 years. You know how much they carried? 150 gr 'only'. No... please don't say stupid Asians and other stuffs, i know that many of you are intellegent enough and won't blurt out silly comments. Respect our laws, be aware of them =)

1:49 PM  
Anonymous Ray said...

I don't know exactly whether marijuana is dangerous physically or not. However, in Indonesia (and other SE Asian countries), it is considered dangerous as first class drugs. Indonesia is a third-world country and we're struggling to develop. The present of drugs (even marijuana) not only affect the physical condition but also the mental of the users. Not everyone is clever enough to avoid drugs and once they are into it, the effect will go on to other people. As a developing country we need the next generation (teens, us) that have good mental, anti-drugs. Do you know that teenagers that are addicted to drugs often steal from their parents?
Yes even marijuana can destroy the mental of our people. That's the main reason
Try to put your feet in our shoes next time, learn our background first.

2:51 PM  
Anonymous Pik said...

very well said Ray :)

2:58 PM  
Anonymous Anonymous said...

Ray, you're completely right. Indonesia doesn't wanna lose the opportunity to move forward whilst drugs problem is a burden.

6:44 PM  
Anonymous Anonymous said...

I am reading the comments on this website with great interest as it seems to be the only decent, unbiased site for the corby case.

A small minority in Australia thinks that marijuana is not dangerous and do anything to legalise them without any success. They make enough noise to give impression that 96% of Australians will support the case as in their mind she is innocent anyway.

But I tell you what, people are coming to senses now, you won't see many saying she is innocent now:

I had an expriment at work today. I asked someone to bring a 3kg box to a table and than add extra 4 into the same box and ask to take it back later. He said sh*t what is this? I said "Corby bag". He laughed and said "I cannot believe you lift this from a conveyor and not noticed any difference".

Try yourselves if you are still in doubt.

8:49 PM  
Anonymous raditya said...

Thanks mate. Well my friend Corby's camp, you couldn't claim as "all Australians" since many comments from your fellow Australians here against you. Sorry buddy.

10:16 PM  
Anonymous Anonymous said...

Corby's supporters, you should read this:

http://www.farisqc.observationdeck.org/?p=190

6:52 AM  
Anonymous Ray said...

Thanks for the link =D

1:43 PM  
Anonymous Anonymous said...

Shows how little thought you guys put into the evidence against Corby. Show me the evidence that Corby put $40,000 worth of marijuana into her bag, and then gave it away to customs at Bali.

11:17 PM  
Anonymous Anonymous said...

the MJ was in her bag. She refused to open her bag.

Show me that it was planted by baggage handlers! baggage handlers who? go to Steven Spielberg to make a movie on baggage handlers on starwars spaceship :D

3:59 PM  
Anonymous Anonymous said...

No one contends that the MJ was in Corby's bag. But, the bag was out of Corby's possession for half a day.

12:11 AM  
Anonymous Anonymous said...

why did she refuse to open it then?

1:29 PM  
Anonymous Anonymous said...

"why did she refuse to open it then?"

She didn't refuse to open. Stop sounding like a broken record, and start proving your point that Schapelle refused to open her bag. Do you actually think that Schapelle had it planned that she could get passed customs without opening her luggage to customs officers? If you did, you have just strained your credibility.

6:35 PM  
Anonymous Anonymous said...

"She didn't refuse to open. Stop sounding like a broken record, and start proving your point that Schapelle refused to open her bag."

The proof accepted by the court is what the officals said about the moment. In a quick reply, maybe sounds like a broken record:
Proof#1: Customs officer#1 said "she refused to open the bag"
Is this a lie? OK
Proof#2: Customs officer#2 said "she refused to open the bag"
Is this a lie? OK
Proof#3: Police officer#1 said "she refused to open the bag"
Is this a lie? OK
Proof#4: Police officer#2 said "she refused to open the bag"
Is this a lie? OK Any reasons for all involved to lie about this fact? As the defence is trying to imply that the MJ was not destined for Bali so there is no link to the officals to be involved. There is no deliberate attempt to get her convicted, no one claimed that they were requesting any bribes. Westerners are only a small percentage of people getting caught at customs at Bali, so nothing being against westerners statistically. Why all those involved lied about this fact? (and it must be systematically otherwise defence would argue the conflict between those officals)

5:56 PM  
Anonymous Anonymous said...

Oh my God. Everything is so black and white for you. Ever thought that the custom officer and police officers were just covering up for the original custom officers?

When a tourist opens her bag to a customs officer, only to discover that the bag contains marijuana, it is quite easy for a customs officer to say anything to incriminate the person. What has the customs officer got to lose? Nothing. The customs officer must be experienced enough to know that a judge with no history of finding accused drug smugglers as "not guilty" is not going to take the accused's word over the word of a customs officer -- especially customs and police officers who is racially similar to the judge.

Schapelle Corby had no other option but to open her bag to the customs officer. There was NO OTHER option for her, but to open the bag and let the customs officer inspect that bag. Schapelle has been to Bali a number of times before. Was she expecting that based on the experience of her past trips that custom officers simply let her go through customs unchecked? A genuine drug smuggler would not prevent a customs officer from inspecting her baggage. For that matter, a genuine drug smuggler would not carry that much drugs and keep them in the most conspicuous place possible.

If Chika Honda was accused of trying to prevent an Australian customs officer of checking her luggage, I would be sceptical. As it was, there is security footage of the reaction of Honda's luggage being opened. Corby didn't have the benefit of security footage to prove her guilt or innocence. Honda had the benefit of a trial by jury, based on objectivity. Corby had to endure a trial that was based on three judges subjective, biased opinion.

Still, the facts remain that Corby has been imprisoned based on speculation.

11:29 PM  
Anonymous tuktuk said...

And your opinion of her innocence is also based on SPECULATION :)

12:59 AM  
Anonymous Anonymous said...

"Oh my God. Everything is so black and white for you. Ever thought that the custom officer and police officers were just covering up for the original custom officers?

When a tourist opens her bag to a customs officer, only to discover that the bag contains marijuana, it is quite easy for a customs officer to say anything to incriminate the person. What has the customs officer got to lose? Nothing. The customs officer must be experienced enough to know that a judge with no history of finding accused drug smugglers as "not guilty" is not going to take the accused's word over the word of a customs officer -- especially customs and police officers who is racially similar to the judge."

The criminal system we are talking about not racism in your mind (if it helps, the number of westerners who get caught in Indenosia for drug trafficing is only a small friction of all those get caught). All courts are there for providing justice not punishing foreigners - same in Australia and Indenosia, in fact surprisingly in majority of the world. What is the benefit to the police officer#1, #2, customes officer #1 and #2 to help in conviction of an ordinary person ? They all have likely brothers, sisters, sons, daughters or their parents operating or working in a business that benefits from visiting tourists. There is nothing to cover up for the others: Crime is not the first customs officers crime, why would they cover up. What if the second, third or the fourth person would say "I heard a different version of it". Do you think he would be punished?

"Schapelle Corby had no other option but to open her bag to the customs officer. There was NO OTHER option for her, but to open the bag and let the customs officer inspect that bag. Schapelle has been to Bali a number of times before. Was she expecting that based on the experience of her past trips that custom officers simply let her go through customs unchecked? A genuine drug smuggler would not prevent a customs officer from inspecting her baggage. For that matter, a genuine drug smuggler would not carry that much drugs and keep them in the most conspicuous place possible."

We have no knowledge of how many times before she was inspected. I assume once or none. According to US statistics only 1% of the passengers in average applied to some kind of search and only 4% of those searches show a criminal content. I have travelled several times and cannot remember if all my bags were searched at all, in fact only a few occassion only asked and checked the declared items only. So it is quite safe to assume anyone would go through without any problems. Why do they only do this for such a small percentages? Because majority of people from any background are innocent people. It is a difficult and unfair practise to search 100% where overwhelming majority are law obeying world citizens. It does not justify the investment on such a time consuming activity. On the other hand once you get them it is a huge punishment that hopefully will deter others. Of course customs themselves are worldwide working hard to develop methods to find the criminals easier without "harrassing" innocents. Profiling is common practise as well as random (lottery) searches. Risk is theirs to take as a criminal and some well do (see Bali 9 with drugs strapped on them - or are they not genuine? Maybe it is another cover up story?)

Why would you go to this kind of places with drugs? Answer is in the question of why are they criminals in the first place? Don't they know it is illegal? They are perhaps stupid but greedy to earn such money without doing anything other than risk taking that you and I work hard many years and still not achieve.
Why do people drink drive by knowing they will get caught one way or another?

5:50 PM  
Anonymous Anonymous said...

good explanation my friend!

5:02 AM  
Anonymous Anonymous said...

sorry, meant 'please be my friend'

12:15 PM  
Anonymous Anonymous said...

My understanding is that cocaine traffickers put the MJ into her boogie board whilst she was transitting in Sydney. The time overlap between the plane landing from Argentina and her plane leaving to Bali is impeccable!

Prove that the drugs didn't come from Argentina.

This case only highlights the cruelty and miscarriage of justice done to Schapelle by the Indonesian courts. The Supreme Court took less than a day to decide the outcome - not enough time to read the dossier!

10:00 AM  

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