Sunday Herald Sun, (Australia)
May 29, 2005
DAVID GALBALLY, Queen's counsel
We all knew it was a very difficult task for Schapelle Corby to prove her innocence. But it was not until we heard the judgment that it became apparent her task was impossible.
....What is alarming is the way they proceeded to analyse the defence case and not the prosecution case. They referred to Corby's interview with the police, in which she denied the marijuana was hers. And they promptly dismissed her statement. They then dismissed her travelling companions' evidence on the basis that they were her friends and therefore unreliable. Also concerning was their comments that not one of her travelling friends could identify who owned the marijuana.When analysing Corby's statement, they dismissed what she had to say. And they made the comment that she had failed to tell them who had put the marijuana in her bag. It is evident the judges would not have accepted anything short of someone in her case nominating whose marijuana it was or who put it in the bag. What a giant hurdle to jump. It's no wonder that the chief judge, in all of his 500 cases, has never found anyone innocent.
This case sends a very strong message for all those travelling to Indonesia to ensure their luggage is well sealed. This case is also a stark reminder of how our system, which is often criticised, is a much fairer. Even those strongest critics of our system would rather have the state prove beyond reasonable doubt the guilt of an accused than have an accused try to prove his or her innocence.
The Indonesian scheme of justice is supposed to be inquisitorial, where each party is to prove its case. However, Schapelle Corby seems to have had to provide an added factor, namely to prove the name of the person whose marijuana it was. This factor does not allow for a person to be an innocent victim. It doesn't recognise that there are unscrupulous people who would seek to use the innocent without their knowledge.
The judges presumed that Corby would know who packed the marijuana if she didn't pack it. This is illogical and nonsensical when she says "I am an innocent victim". How could she ever answer this question when she says she is an innocent bystander. She would never have been found innocent unless someone came forward and nominated whose marijuana it was.
Unless Corby is found not guilty by an Appeal Court, it appears she will have to spend substantial time in prison, whether it be in Indonesia or in Australia. Justice has been denied.
Some of TalkLeft's Prior Coverage:
A network news video timeline of her case from arrest to today is here.
Write Schapelle. There is no way of knowing if money donations will reach her, so for now, just send a note of encouragement.
Schapelle Corby
LPM Kerobokan
Jl. Tangkuban Perahu
Kerobokan, Denpasar 80117
Bali, INDONESIA
