Bali Nine
Encyclopedia
The Bali Nine is the name given to a group of nine Australians arrested on 17 April 2005, in Denpasar
, Bali
, Indonesia
, in a plan to smuggle 8.3 kg (18.3 lb) of heroin valued at approximately A$
4 million from Indonesia to Australia. Andrew Chan
, Si Yi Chen
, Michael Czugaj
, Renae Lawrence
, Tach Duc Thanh Nguyen, Matthew Norman
, Scott Rush
, Martin Stephens
and Myuran Sukumaran
, all aged between 18 and 28 at the time of their arrests, faced the death penalty or life in prison if convicted.
On 13 February 2006, Lawrence and Rush, the first of the nine to face sentencing, were sentenced to life imprisonment. The following day, Czugaj and Stephens were sentenced to life imprisonment, and the group ringleaders, Chan and Sukumaran were sentenced to death via firing squad; the first ever death sentences imposed by the Denpasar District Court. The remaining three, Norman, Chen and Nguyen were all sentenced to life imprisonment on 15 February 2006. On 26 April 2006, Lawrence, Nguyen, Chen, and Norman had their sentences reduced to 20-year sentences on appeal, while the life sentences for Czugaj and Stephens were upheld. Prosecutors launched appeals against the reductions in sentences.
On 6 September 2006, it was revealed that as a result of appeals brought by prosecutors and heard by the Supreme Court, Scott Rush, Tan Duc Than Nguyen, Si Yi Chen and Matthew Norman had the death penalty reimposed. The new death sentences were unexpected. Prosecutors, in their appeals against the 20-year terms faced by most of the nine, had only called for them to be upgraded to life imprisonment. Michael Czugaj's life sentence, after being reduced to 20 years on appeal, was reinstated. Martin Stephens' life sentence was upheld on appeal as were Sukumaran's and Chan's death sentence. Renae Lawrence had not lodged a further appeal to her 20-year sentence, so her sentence was not rejudged.
On 6 March 2008, it was revealed that three of the four Bali 9 (Matthew Norman, Si Yi Chen and Tan Duc Thanh Nguyen) who were issued death sentences on appeal had their sentences reduced to life imprisonment. The reduction has not been officially announced but court sources have confirmed that the judges have decided to spare their lives. In August 2010, Scott Rush launched his final appeal to overturn the death penalty, and was granted a judicial review, which commenced on 18 August 2010. On 10 May 2011, Rush's appeal was successful as his sentence was reduced to life imprisonment. On 21 September 2010, the leaders Andrew Chan and Myuran Sukumaran appealed against their pending death-row sentence and to reduce their jail time to 20 years, instead of the previous life sentence. On 17 June 2011, it was announced that Chan's final judicial appeal was rejected on 10 May. On 7 July 2011 it was announced that Sukumaran's final judicial appeal was dismissed. Unless granted clemency by Indonesian President Susilo Bambang Yudhoyono, Sukumaran and Chan are expected to face execution. Sukumaran and Chan are currently in Kerobokan Prison
awaiting the commutation of the sentence
.
where the group were employed. Rush and Czugaj claim they were recruited by fellow defendant and suspected financier
of the smuggling plan, Tan Duc Thanh Nguyen while socialising at a karaoke
bar in Brisbane.
Rush had met Nguyen six months earlier whilst fishing. Rush travelled to Sydney with Nguyen to attend a 21st birthday party where he was introduced to Sukumaran, who called himself "Mark". Nguyen offered them free trips to Bali. Several days later Rush returned to Sydney with friend Michael Czugaj where plans for the pair's travel to Indonesia was organised. Rush and Czugaj had never travelled abroad. Lawrence had travelled to Bali on three occasions, first arriving on 16 October 2004, then again on 5 December 2004 and 6 April 2005. Matthew Norman on 5 December 2004, 19 January 2005 and 6 April 2005; Myuran Sukumaran on 4 October 2004 and 8 April 2005; Andrew Chan on 16 October 2004 and 6 April 2005 and Thac Duc Thanh Nguyen on 5 December 2004 and 8 April 2005. Chen, Stephens, Czugaj and Rush were on their first trip abroad when arrested on 17 April 2005.
Chan and Sukumaran handed out SIM cards, to stay in contact. During their stay police noted the group would spend a large amount of time indoors in their hotel rooms. Although Rush and Czugaj did make the most of their time in Bali and went shopping, eating, drinking and played water sports. The group met again on 16 April for what police allege was a final briefing, before meeting for their final time at the airport before their 17 April arrest. After receiving information from the Australian Federal Police
about the group, including the names, passport
numbers and information relating to their links to possible illegal drug trade, Indonesian police placed the group under constant surveillance for a week before their arrest. Indonesian police believe heroin was supplied to Chan by a 22-year-old Thai woman, Cherry Likit Bannakorn, who is wanted by Interpol
.
Likit was believed to have left Bali on 18 April 2005, one day after the arrests of the nine Australians, and was briefly detained at the Thai-Malaysian border (until Indonesian police arrived), however, was released when paperwork was not in order for her to be extradited back to Indonesia. Head of the surveillance team, I Nyoman Gatra, later testified in court during trials for the accused that police were initially unaware Sukumaran was part of the group as original information obtained from the AFP did not mention him by name. Indonesian police assumed Sukumaran was Chan's bodyguard as he was seen to accompany Chan in Bali. Four of the nine, Czugaj and Rush (both friends from Brisbane
), and Stephens and Lawrence (workplace acquaintances from New South Wales
), were arrested at Bali's Ngurah Rai International Airport
as they prepared to board an Australia-bound flight.
All were carrying quantities of heroin in plastic bags strapped to their bodies. Between them they were carrying more than 8.3 kilograms (18.3 lb) of heroin. On the same evening, Chan was removed from a commercial flight about to depart Ngurah Rai Airport for Australia. Chan had several mobile phones in his possession, but was carrying no drugs when arrested. He was believed to be the person responsible for collecting the heroin from the couriers upon their arrival in Australia. Four others, Tan Duc Thanh Nguyen, Myuran Sukumaran, Si Yi Chen and Matthew Norman, were arrested at the 'Melasti Beach Bungalows' near Kuta Beach
in possession of 350 grams (12.3 oz) of heroin and strapping equipment.
On 27 April 2005, Colonel Bambang Sugiarto, head of the Bali police drug squad, said police would seek to have all nine charged with offenses which carry the death penalty. He revealed that several of the nine had previously visited Bali using false passports, suggesting that they had acted as drug couriers before. Indonesian police released video evidence showing heroin being removed from the bodies of the four arrested at the airport. Indonesian police initially maintained that Chan was the "mastermind" of the importation plan. "They were following Chan's instructions and if they didn't follow the instructions their families would be killed," Sugiarto said.
Australian police said that they believed that an Australian drug syndicate was behind the plan. Mike Phelan, International Operations Chief of the Australian Federal Police
(AFP), said, "This is obviously some sort of sophisticated syndicate. In excess of 10 kg of heroin is a large amount and by definition it requires a distribution network here in Australia." Lawyers in Indonesia engaged by the families of those arrested appeared in media interviews to concede that the four arrested at the airport were acting as drug couriers. Anggia Browne was quoted as saying, "They are only couriers - they did it just for money." She said they were from low-income families, and did not know that drug trafficking in Indonesia carries the death penalty. Investigations closed in August 2005 and briefs handed prosecutors in Denpasar ready for trial.
On 24 April 2005, Keelty said the AFP would hand over all evidence they had obtained against the Bali Nine:
Lawrence's father, Bob Lawrence, said in October 2005 he wanted to meet AFP Commissioner Mick Keelty
face to face after learning of the comments made by Lee Rush:
During February 2006, Rush's parents gave an interview to Australian Broadcasting Commission television program Australian Story
, speaking out against Australian Federal Police actions. Rush's father Lee Rush was quoted as saying:
Rush's mother, Christine Rush, spoke of her disappointment with the Australian Federal Police:
In an interview aired on the same episode of Australian Story, Mike Phelan, of the Australian Federal Police, respondeding to the Rush family's criticisms said:
Keelty went on to state that "if someone went back to Lee Rush and assured him that Scott would not be able to travel then that is their call," he said.
Federal Justice Minister, Senator
Chris Ellison
, defended the AFP's actions:
Australian Foreign Minister, Alexander Downer
, said that Australia was opposed to the use of the death penalty and would request clemency for the nine if they were convicted.
Philip Ruddock
was quoted as saying:
Scott Rush, Renae Lawrence, Martin Stephens and Michael Czugaj initiated legal proceedings in the Federal Court of Australia
against the Australian Federal Police, arguing they had acted illegally by tipping off Indonesian police with information leading to the arrests in Bali and knowingly exposing them to the death penalty. Federal Court judges dismissed the claims in January 2006. In March 2006, Martine Griffiths
of Network Ten
was awarded Melbourne Press Club's 2005 Gold Quill Award for her coverage of the arrests of the Bali Nine.
said the Australian government would oppose any death sentences imposed, saying:
On 6 December 2005, Australian lawyers Robert Richter, QC
, and Brian Walters, QC, called for the Commonwealth Director of Public Prosecutions to extradite the nine to Australia on heroin conspiracy related charges. On 7 December 2005, Denpasar District Court judge I Wayan Yasa Abadhi called for Australians not to interfere in the legal proceedings in Indonesia, saying:
Sukumaran remained mostly silent throughout proceedings and blamed amnesia
for his poor recollections of events leading to his arrest. Trials were scheduled to be completed with verdicts announced before 23 February 2006, before a legal deadline for the group's detainment expired.
Lawrence claimed she received threats of harm against herself and her family if she did not proceed with the plan to import heroin into Australia. Lawrence gave evidence in the Denpasar District Court she was ordered to book a flight to Bali. She claimed she did not know why she was ordered to travel. Work associate Stephens claims he was also threatened to travel to Bali by Chan, who showed Stephens photographs of his family going about their daily lives, and saying they would be killed if he did not co-operate, saying, "They threatened me. They threatened my family, my friends, my love – my girlfriend… They showed me pictures."
Indonesian judges found no evidence of threats, with Judge I Gusti Ngurah Astawa saying during the sentencing of Lawrence, "The council of judges found no proof of the use of force in this crime, therefore the defendant has to be sentenced as fairly as possible."
Rush further accused Chan of strapping the heroin to his body whilst wearing rubber gloves. Chan protested his innocence and defending his silence during his final plea, reading from a two-page statement:
In sentencing Lawrence, Indonesian judges found no evidence of Lawrence's claims her life was threatened. Although prosecutors requested a lighter 20 year sentence for Lawrence due to her early cooperation with police, judges sentenced her to life imprisonment. The next day, the remaining three defendants, Chen, Nguyen and Norman, were sentenced to life imprisonment. On 24 January 2006, prosecutors handed down demands for the death penalty for Sukumaran, the first time a demand of death was put forward by prosecutors for any of the Bali Nine. Prosecutors told a Bali court there was no reason to show any leniency to the 24-year-old because he helped organise the heroin smuggling operation. Prosecutors also claim Sukumaran strapped heroin to the bodies of the fellow accused. Indonesian police identified Sukumaran as one of the main players in what they say was a major smuggling ring. On 26 January, it was also recommended that Andrew Chan receive the death penalty.
On 14 February 2006, after learning of his fate, Sukumaran attacked photographers and threw water bottles at protesters and onlookers gathered outside the court building.
After news of the death penalty, John Howard was quoted as saying:
The death sentences were criticized by Australians who compared them to the light sentence given to Indonesian Abu Bakar Bashir
, the leader of the terrorist group which carried out the 2002 Bali bombings, killing over 200 people including 88 Australians.
s. There is no time limit for those convicted to request clemency
from the Indonesian president, Susilo Bambang Yudhoyono
, however this requires an admission of guilt and has never been granted for a drug trafficking conviction. All appealed to overturn their sentence. Chen, Czugaj, Nguyen, Norman, and Stephens sentences stand at life imprisonment and Lawrence's sentence remains at 20 years after appeal. In May 2011, Rush's death sentence was reduced to life after he launched a final appeal in August 2010.} Chan and Sukumaran launched final appeals to have their death sentences reduced in August 2010. Chan lost his appeal to the Indonesian Supreme Court on 10 May 2011 and Sukumaran's appeal was dismissed on 6 July 2011. Both are expected to be executed by firing squad. Some media reports have stated that appeals for clemency are unlikely to be successful.
origin, was killed when police stormed his Jakarta
home. Australian Federal Police Commissioner, Mick Keelty said Ghale was "directly linked" to the Bali Nine. Six men aged between 19 and 25 were arrested and released on bail
in Brisbane on drug trafficking charges believed to be associated with the Bali Nine. On 12 February 2006, police arrested Do Hyung Lee, a 25-year-old of South Korean origin, at Brisbane Airport
after arriving on a flight from South Korea. Lee was charged with drug trafficking and importation offences and appeared in the Brisbane Magistrates Court on 13 February 2006, the same day the first of the nine accused in Indonesia learned of their fate. Lee was bailed to reappear in court with the five others on 3 April 2006. Keelty told a Senate
estimates committee hearing that more arrests were expected.
Magistrates' Court in Queensland to 16 offences including drug possession
, fraud
, theft
and drink-driving. A warrant
for his arrest in Australia is currently outstanding relating to A$4,796.95 stolen from the Commonwealth Bank using a forged cheque. Czugaj, also of Brisbane, has 14 convictions for offences including theft, wilful damage, traffic offences and fare evasion.
Lawrence and Norman were arrested on 26 March 2005, whilst travelling along the Pacific Highway
in a stolen Ford Laser
vehicle. Police were required to use road spikes to intercept the stolen vehicle. Both were due to appear in the Gosford
Magistrates Court to face car theft and traffic related charges. On 26 April 2005, they failed to appear due to their imprisonment in Indonesia a week earlier on 17 April 2005. Lawrence also admitted, after her arrest in Indonesia on 17 April 2005, to two prior visits to Bali in October and November 2004. She and Chan had made an earlier successful run with heroin from Bali to Australia during their October visit. The second delivery, scheduled for December 2004 was aborted when heroin suppliers failed to deliver. Lawrence provided a statement to police saying she was paid A$10,000 for the successful heroin delivery, however later retracted her statement.
Denpasar
Denpasar is the capital city of the province of Bali, Indonesia. It has a rapidly expanding population of 788,445 in 2010, up from 533,252 in the previous decade. It is located at .-History:...
, Bali
Bali
Bali is an Indonesian island located in the westernmost end of the Lesser Sunda Islands, lying between Java to the west and Lombok to the east...
, Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
, in a plan to smuggle 8.3 kg (18.3 lb) of heroin valued at approximately A$
Australian dollar
The Australian dollar is the currency of the Commonwealth of Australia, including Christmas Island, Cocos Islands, and Norfolk Island, as well as the independent Pacific Island states of Kiribati, Nauru and Tuvalu...
4 million from Indonesia to Australia. Andrew Chan
Andrew Chan
Andrew Chan , an Australian citizen, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Chan was arrested at Ngurah Rai International Airport in Denpasar...
, Si Yi Chen
Si Yi Chen
Si Yi Chen , an Australian citizen, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Chen was arrested in a room at the Melasti Hotel in Kuta together with three others. Police uncovered of heroin in a suitcase in the room. After a criminal trial, on 15...
, Michael Czugaj
Michael Czugaj
Michael William Czugaj , an Australian former glazier from Oxley, a suburb of Brisbane, Queensland, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Czugaj was arrested at Ngurah Rai International Airport in Denpasar with of heroin concealed on his body...
, Renae Lawrence
Renae Lawrence
Renae Lawrence , an Australian former hospitality worker and panel beater, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, on her third trip to Bali, Lawrence was arrested at Ngurah Rai International Airport in Denpasar with of heroin concealed on her body...
, Tach Duc Thanh Nguyen, Matthew Norman
Matthew Norman
Matthew James Norman , an Australian citizen, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Norman was arrested in a room at the Melasti Hotel in Kuta together with three others. Police uncovered of heroin in a suitcase in the room. After a criminal trial,...
, Scott Rush
Scott Rush
Scott Anthony Rush , an Australian former labourer, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, on his first trip to Bali, Rush was arrested at Ngurah Rai International Airport in Denpasar with of heroin concealed on his body. After a criminal trial, on...
, Martin Stephens
Martin Stephens
Martin Eric Stephens , an Australian former bartender, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, on his first trip to Bali, Stephens was arrested at Ngurah Rai International Airport in Denpasar with of heroin taped to his chest and concealed under his...
and Myuran Sukumaran
Myuran Sukumaran
Myuran Sukumaran Myuran Sukumaran Myuran Sukumaran (Tamil: (மயூரன் சுகுமாரன்) (born 17 April 1981 in London, England) is an Australian who was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Sukumaran was arrested in a room at the Melasti Hotel in Kuta with three...
, all aged between 18 and 28 at the time of their arrests, faced the death penalty or life in prison if convicted.
On 13 February 2006, Lawrence and Rush, the first of the nine to face sentencing, were sentenced to life imprisonment. The following day, Czugaj and Stephens were sentenced to life imprisonment, and the group ringleaders, Chan and Sukumaran were sentenced to death via firing squad; the first ever death sentences imposed by the Denpasar District Court. The remaining three, Norman, Chen and Nguyen were all sentenced to life imprisonment on 15 February 2006. On 26 April 2006, Lawrence, Nguyen, Chen, and Norman had their sentences reduced to 20-year sentences on appeal, while the life sentences for Czugaj and Stephens were upheld. Prosecutors launched appeals against the reductions in sentences.
On 6 September 2006, it was revealed that as a result of appeals brought by prosecutors and heard by the Supreme Court, Scott Rush, Tan Duc Than Nguyen, Si Yi Chen and Matthew Norman had the death penalty reimposed. The new death sentences were unexpected. Prosecutors, in their appeals against the 20-year terms faced by most of the nine, had only called for them to be upgraded to life imprisonment. Michael Czugaj's life sentence, after being reduced to 20 years on appeal, was reinstated. Martin Stephens' life sentence was upheld on appeal as were Sukumaran's and Chan's death sentence. Renae Lawrence had not lodged a further appeal to her 20-year sentence, so her sentence was not rejudged.
On 6 March 2008, it was revealed that three of the four Bali 9 (Matthew Norman, Si Yi Chen and Tan Duc Thanh Nguyen) who were issued death sentences on appeal had their sentences reduced to life imprisonment. The reduction has not been officially announced but court sources have confirmed that the judges have decided to spare their lives. In August 2010, Scott Rush launched his final appeal to overturn the death penalty, and was granted a judicial review, which commenced on 18 August 2010. On 10 May 2011, Rush's appeal was successful as his sentence was reduced to life imprisonment. On 21 September 2010, the leaders Andrew Chan and Myuran Sukumaran appealed against their pending death-row sentence and to reduce their jail time to 20 years, instead of the previous life sentence. On 17 June 2011, it was announced that Chan's final judicial appeal was rejected on 10 May. On 7 July 2011 it was announced that Sukumaran's final judicial appeal was dismissed. Unless granted clemency by Indonesian President Susilo Bambang Yudhoyono, Sukumaran and Chan are expected to face execution. Sukumaran and Chan are currently in Kerobokan Prison
Kerobokan Prison
Kerobokan Prison is a prison located in Kerobokan, Badung Regency, on the Indonesian island of Bali. The prison opened in 1979 and contains about 1000 male and female prisoners of various nationalities.- Notable prisoners :...
awaiting the commutation of the sentence
Commutation of sentence
Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime...
.
History
Police were unclear how the two groups from Sydney and Brisbane were linked, but did establish the movements of members of the group before their departure for Indonesia. Several of the Bali Nine were employed by Eurest Australia, a multinational catering company of over 9,000 employees. Matthew Norman, Renae Lawrence, Martin Stephens, and Andrew Chan, a supervisor with the company, all worked for Eurest who provided hospitality services to the Sydney Cricket GroundSydney Cricket Ground
The Sydney Cricket Ground is a sports stadium in Sydney in Australia. It is used for Australian football, Test cricket, One Day International cricket, some rugby league and rugby union matches and is the home ground for the New South Wales Blues cricket team and the Sydney Swans of the Australian...
where the group were employed. Rush and Czugaj claim they were recruited by fellow defendant and suspected financier
Financier
Financier is a term for a person who handles typically large sums of money, usually involving money lending, financing projects, large-scale investing, or large-scale money management. The term is French, and derives from finance or payment...
of the smuggling plan, Tan Duc Thanh Nguyen while socialising at a karaoke
Karaoke
is a form of interactive entertainment or video game in which amateur singers sing along with recorded music using a microphone and public address system. The music is typically a well-known pop song minus the lead vocal. Lyrics are usually displayed on a video screen, along with a moving symbol,...
bar in Brisbane.
Rush had met Nguyen six months earlier whilst fishing. Rush travelled to Sydney with Nguyen to attend a 21st birthday party where he was introduced to Sukumaran, who called himself "Mark". Nguyen offered them free trips to Bali. Several days later Rush returned to Sydney with friend Michael Czugaj where plans for the pair's travel to Indonesia was organised. Rush and Czugaj had never travelled abroad. Lawrence had travelled to Bali on three occasions, first arriving on 16 October 2004, then again on 5 December 2004 and 6 April 2005. Matthew Norman on 5 December 2004, 19 January 2005 and 6 April 2005; Myuran Sukumaran on 4 October 2004 and 8 April 2005; Andrew Chan on 16 October 2004 and 6 April 2005 and Thac Duc Thanh Nguyen on 5 December 2004 and 8 April 2005. Chen, Stephens, Czugaj and Rush were on their first trip abroad when arrested on 17 April 2005.
Arrests in Indonesia
Lawrence and Stephens arrived in Indonesia on 6 April, followed by close school friends from Brisbane, Rush and Czugaj, arriving two days later on 8 April. The group were introduced at a hotel where Chan and Sukumaran were staying, having arrived earlier in Bali. The group was highly organised by Chan and Sukumaran who split the group apart. Some of the Bali 9 did not even meet each other until they were arrested. In the book One-Way Ticket - The Untold Story of the Bali 9, Cindy Wockner and Madonna King write, "Indeed, both trips had been plotted, and re-plotted, the operation schemed to the nth degree. Every I had been dotted, every T crossed. And then checked. And re-checked." In reference to a previous trip to Bali, the book says, "this new trip had to be different: it would run like clockwork."Chan and Sukumaran handed out SIM cards, to stay in contact. During their stay police noted the group would spend a large amount of time indoors in their hotel rooms. Although Rush and Czugaj did make the most of their time in Bali and went shopping, eating, drinking and played water sports. The group met again on 16 April for what police allege was a final briefing, before meeting for their final time at the airport before their 17 April arrest. After receiving information from the Australian Federal Police
Australian Federal Police
The Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...
about the group, including the names, passport
Passport
A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....
numbers and information relating to their links to possible illegal drug trade, Indonesian police placed the group under constant surveillance for a week before their arrest. Indonesian police believe heroin was supplied to Chan by a 22-year-old Thai woman, Cherry Likit Bannakorn, who is wanted by Interpol
Interpol
Interpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...
.
Likit was believed to have left Bali on 18 April 2005, one day after the arrests of the nine Australians, and was briefly detained at the Thai-Malaysian border (until Indonesian police arrived), however, was released when paperwork was not in order for her to be extradited back to Indonesia. Head of the surveillance team, I Nyoman Gatra, later testified in court during trials for the accused that police were initially unaware Sukumaran was part of the group as original information obtained from the AFP did not mention him by name. Indonesian police assumed Sukumaran was Chan's bodyguard as he was seen to accompany Chan in Bali. Four of the nine, Czugaj and Rush (both friends from Brisbane
Brisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...
), and Stephens and Lawrence (workplace acquaintances from New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
), were arrested at Bali's Ngurah Rai International Airport
Ngurah Rai Airport
Ngurah Rai International Airport , also known as Denpasar International Airport, is located in southern Bali, 13 km south of Denpasar...
as they prepared to board an Australia-bound flight.
All were carrying quantities of heroin in plastic bags strapped to their bodies. Between them they were carrying more than 8.3 kilograms (18.3 lb) of heroin. On the same evening, Chan was removed from a commercial flight about to depart Ngurah Rai Airport for Australia. Chan had several mobile phones in his possession, but was carrying no drugs when arrested. He was believed to be the person responsible for collecting the heroin from the couriers upon their arrival in Australia. Four others, Tan Duc Thanh Nguyen, Myuran Sukumaran, Si Yi Chen and Matthew Norman, were arrested at the 'Melasti Beach Bungalows' near Kuta Beach
Kuta
Kuta is administratively a district and subdistrict/village in southern Bali, Indonesia. A former fishing village, it was one of the first towns on Bali to see substantial tourist development, and as a beach resort remains one of Indonesia's major tourist destinations...
in possession of 350 grams (12.3 oz) of heroin and strapping equipment.
Pre-trial investigation
Indonesian law does not require that arrested people be immediately charged with an offence, and by 22 April 2005 no charges had been laid. Police indicated that the five arrested at the airport would be charged with drug trafficking, which carries the death penalty, while those arrested in the hotel would be charged with the lesser offence of drug possession, which carries a maximum penalty of ten years' imprisonment. By 26 April 2005, media speculation suggested that Andrew Chan recruited the other eight to act as drug mules - couriers who would not arouse suspicion while carrying heroin to Australia - and offered them A$10,000 to A$15,000 each to carry out this task, although some reports claim that they were only going to get A$5000.On 27 April 2005, Colonel Bambang Sugiarto, head of the Bali police drug squad, said police would seek to have all nine charged with offenses which carry the death penalty. He revealed that several of the nine had previously visited Bali using false passports, suggesting that they had acted as drug couriers before. Indonesian police released video evidence showing heroin being removed from the bodies of the four arrested at the airport. Indonesian police initially maintained that Chan was the "mastermind" of the importation plan. "They were following Chan's instructions and if they didn't follow the instructions their families would be killed," Sugiarto said.
Australian police said that they believed that an Australian drug syndicate was behind the plan. Mike Phelan, International Operations Chief of the Australian Federal Police
Australian Federal Police
The Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...
(AFP), said, "This is obviously some sort of sophisticated syndicate. In excess of 10 kg of heroin is a large amount and by definition it requires a distribution network here in Australia." Lawyers in Indonesia engaged by the families of those arrested appeared in media interviews to concede that the four arrested at the airport were acting as drug couriers. Anggia Browne was quoted as saying, "They are only couriers - they did it just for money." She said they were from low-income families, and did not know that drug trafficking in Indonesia carries the death penalty. Investigations closed in August 2005 and briefs handed prosecutors in Denpasar ready for trial.
Reactions in Australia
Parents of defendants Scott Rush and Renae Lawrence 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 upon their return.On 24 April 2005, Keelty said the AFP would hand over all evidence they had obtained against the Bali Nine:
- "The policy is that we will not give evidence that will, or information that will, directly cause or result in somebody receiving the death penalty, but the reality is in this case, it would appear, on the allegation, that these people have been caught red-handed with heroin in Indonesia."
Lawrence's father, Bob Lawrence, said in October 2005 he wanted to meet AFP Commissioner Mick Keelty
Mick Keelty
Michael Joseph "Mick" Keelty AO APM , Australian police officer, was the Commissioner of the Australian Federal Police from 2001 to 2009...
face to face after learning of the comments made by Lee Rush:
- "As far as I'm concerned, and excuse the expression, [Keelty] is an arsehole. These kids were forced into this … they should have been either arrested at the airport here or followed to get the big guys. I don't know how they can sleep at night … even if [the Bali Nine] were guilty of doing it willingly, it still doesn't deserve the death penalty."
During February 2006, Rush's parents gave an interview to Australian Broadcasting Commission television program Australian Story
Australian Story
Australian Story is a national weekly documentary series, produced and broadcast on ABC Television.Since 1996 Australian Story has featured many Australians from diverse backgrounds and reputations...
, speaking out against Australian Federal Police actions. Rush's father Lee Rush was quoted as saying:
- "I was informed at 1.30 in the morning that Scott would be spoken to and asked not to board the flight to Bali. It wasn't until about mid-morning that I received a call from Bob (Rush's lawyer) and a distressed tone in his voice he said "Mate, we could not stop him, they have let him go through and he's on his way to Bali'. Under no circumstances do I condone the trafficking of drugs - I particularly dislike drugs of any nature, always have. When I received a call from the Australian Government authorities that Scott had been detained in Indonesia for attempting to export heroin, I was speechless, sickened to the gut."
Rush's mother, Christine Rush, spoke of her disappointment with the Australian Federal Police:
- "I feel very let down by our Australian Federal Police – we tried to lawfully stop our son leaving the country, it wasn't done." "The Federal Police can do, go wherever they want, do anything, anytime without supervision from the Australian Attorney-General or from the Justice Minister." "This is not good for Australians and our laws need to be changed to protect our citizens and this must not happen to any Australian citizen again."
In an interview aired on the same episode of Australian Story, Mike Phelan, of the Australian Federal Police, respondeding to the Rush family's criticisms said:
- "Even with the aid of hindsight, should the same set of circumstances present themselves again with another syndicate or other people, we would do exactly the same thing", and that "there have also been a large number of young lives on the other side of the ledger that have been saved as a result of the AFP's operations over many years."
Keelty went on to state that "if someone went back to Lee Rush and assured him that Scott would not be able to travel then that is their call," he said.
- "We would never have given any assurance, because there was no lawful reason to prevent him from travelling. My sympathy is with Lee Rush because somebody has misled him. Whoever gave Lee Rush the assurance that his son would be prevented from travelling acted dishonourably. There is no way anyone in the AFP would have provided that assurance because there was simply no power to detain him. He was not wanted on warrants, there were no conditions of his bail that prevented him from travelling overseas."
Federal Justice Minister, Senator
Australian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...
Chris Ellison
Chris Ellison
Christopher Martin Ellison , is a former Liberal member of the Australian Senate. He represented Western Australia in the Senate from July 1993 to January 2009.-Background:...
, defended the AFP's actions:
- "What we have are serious allegations as to criminal activity which allegedly occurred on Indonesian soil and the Indonesian police acted accordingly. We would expect the same of Australian police if the situation was reversed."
Australian Foreign Minister, Alexander Downer
Alexander Downer
Alexander John Gosse Downer is a former Australian Liberal Party politician who was Foreign Minister of Australia from March 1996 to December 2007, the longest-serving in Australian history...
, said that Australia was opposed to the use of the death penalty and would request clemency for the nine if they were convicted.
Philip Ruddock
Philip Ruddock
Philip Maxwell Ruddock is an Australian politician who is currently a member of the House of Representatives representing the Division of Berowra, New South Wales, for the Liberal Party of Australia...
was quoted as saying:
- "We will not provide co-operation in relation to criminal matters unless there is an assurance that a death penalty will not be sought. If there was further information that had to be obtained from here through the Australian Federal Police, we would seek an assurance that Indonesia would not be wanting a death penalty in each of those cases."
Scott Rush, Renae Lawrence, Martin Stephens and Michael Czugaj initiated legal proceedings in the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
against the Australian Federal Police, arguing they had acted illegally by tipping off Indonesian police with information leading to the arrests in Bali and knowingly exposing them to the death penalty. Federal Court judges dismissed the claims in January 2006. In March 2006, Martine Griffiths
Martine Griffiths
Martine Griffiths is an Australian news reporter and winner of the Melbourne Press Club’s 2005 “Tattersalls Gold Quill Award” for excellence in Victorian journalism....
of Network Ten
Network Ten
Network Ten , is one of Australia's three major commercial television networks. Owned-and-operated stations can be found in Sydney, Melbourne, Brisbane, Adelaide and Perth, while affiliates extend the network to cover most of the country...
was awarded Melbourne Press Club's 2005 Gold Quill Award for her coverage of the arrests of the Bali Nine.
Criminal trials
Criminal trials for the accused commenced in the Denpasar District Court on 11 October 2005. Three of the four arrested at the Melasti Bungalows, Nguyen, Chen, and Norman, were tried together, with the remaining six defendants tried separately. All defendants faced a maximum penalty of death by firing squad if found guilty. The trials were often delayed due to the defendants complaining of illness, headaches and nausea. The Australian Prime Minister John HowardJohn Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
said the Australian government would oppose any death sentences imposed, saying:
- "We have a long-standing opposition to the death penalty and it's well known that if a death penalty is imposed on an Australian we ask that that death penalty not be imposed."
On 6 December 2005, Australian lawyers Robert Richter, QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, and Brian Walters, QC, called for the Commonwealth Director of Public Prosecutions to extradite the nine to Australia on heroin conspiracy related charges. On 7 December 2005, Denpasar District Court judge I Wayan Yasa Abadhi called for Australians not to interfere in the legal proceedings in Indonesia, saying:
- "Criticism from outside is expected, but Indonesian courts will only adhere to the laws applied in this country, and that includes the death penalty. The judges will not budge, we will not be affected by public opinion or the media."
Sukumaran remained mostly silent throughout proceedings and blamed amnesia
Amnesia
Amnesia is a condition in which one's memory is lost. The causes of amnesia have traditionally been divided into categories. Memory appears to be stored in several parts of the limbic system of the brain, and any condition that interferes with the function of this system can cause amnesia...
for his poor recollections of events leading to his arrest. Trials were scheduled to be completed with verdicts announced before 23 February 2006, before a legal deadline for the group's detainment expired.
Lawrence claimed she received threats of harm against herself and her family if she did not proceed with the plan to import heroin into Australia. Lawrence gave evidence in the Denpasar District Court she was ordered to book a flight to Bali. She claimed she did not know why she was ordered to travel. Work associate Stephens claims he was also threatened to travel to Bali by Chan, who showed Stephens photographs of his family going about their daily lives, and saying they would be killed if he did not co-operate, saying, "They threatened me. They threatened my family, my friends, my love – my girlfriend… They showed me pictures."
Indonesian judges found no evidence of threats, with Judge I Gusti Ngurah Astawa saying during the sentencing of Lawrence, "The council of judges found no proof of the use of force in this crime, therefore the defendant has to be sentenced as fairly as possible."
Rush further accused Chan of strapping the heroin to his body whilst wearing rubber gloves. Chan protested his innocence and defending his silence during his final plea, reading from a two-page statement:
- "I didn't say anything in court because if I did, I'd be lying. The truth is, I know nothing. A lot of lies have been said against me, but the true reality is I'm not what people put me out to be. I've never threatened anybody in my life. The outcome I wish, of course, and my family is that you find that you would release me, for I had nothing to participate in this."
In sentencing Lawrence, Indonesian judges found no evidence of Lawrence's claims her life was threatened. Although prosecutors requested a lighter 20 year sentence for Lawrence due to her early cooperation with police, judges sentenced her to life imprisonment. The next day, the remaining three defendants, Chen, Nguyen and Norman, were sentenced to life imprisonment. On 24 January 2006, prosecutors handed down demands for the death penalty for Sukumaran, the first time a demand of death was put forward by prosecutors for any of the Bali Nine. Prosecutors told a Bali court there was no reason to show any leniency to the 24-year-old because he helped organise the heroin smuggling operation. Prosecutors also claim Sukumaran strapped heroin to the bodies of the fellow accused. Indonesian police identified Sukumaran as one of the main players in what they say was a major smuggling ring. On 26 January, it was also recommended that Andrew Chan receive the death penalty.
On 14 February 2006, after learning of his fate, Sukumaran attacked photographers and threw water bottles at protesters and onlookers gathered outside the court building.
After news of the death penalty, John Howard was quoted as saying:
- "Can I just say to every young Australian, please take notice of this. I even beg them not to take the terrible risks that these young people have done - their lives destroyed in the case of two people. I feel desperately sorry for the parents of these people, I do ... but the warnings have been there for decades and how on earth any young Australian can be so stupid as to take the risk is completely beyond me."
The death sentences were criticized by Australians who compared them to the light sentence given to Indonesian Abu Bakar Bashir
Abu Bakar Bashir
Abu Bakar Bashir Abu Bakar Bashir Abu Bakar Bashir (also Abubakar Ba'asyir, Abdus Somad, and Ustad Abu ("Teacher Abu"), born 17 August 1938, is an Indonesian Muslim cleric and leader of the Indonesian Mujahedeen Council (MMI)....
, the leader of the terrorist group which carried out the 2002 Bali bombings, killing over 200 people including 88 Australians.
Appeals
There were several avenues of appeal available to the Bali Nine. Lawyers had seven days post-sentencing to lodge appealAppeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s. There is no time limit for those convicted to request clemency
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
from the Indonesian president, Susilo Bambang Yudhoyono
Susilo Bambang Yudhoyono
Susilo Bambang Yudhoyono AC , is an Indonesian politician and retired Army general officer who has been President of Indonesia since 2004....
, however this requires an admission of guilt and has never been granted for a drug trafficking conviction. All appealed to overturn their sentence. Chen, Czugaj, Nguyen, Norman, and Stephens sentences stand at life imprisonment and Lawrence's sentence remains at 20 years after appeal. In May 2011, Rush's death sentence was reduced to life after he launched a final appeal in August 2010.} Chan and Sukumaran launched final appeals to have their death sentences reduced in August 2010. Chan lost his appeal to the Indonesian Supreme Court on 10 May 2011 and Sukumaran's appeal was dismissed on 6 July 2011. Both are expected to be executed by firing squad. Some media reports have stated that appeals for clemency are unlikely to be successful.
Related arrests
On 27 April 2005, Indonesian police shot and killed Man Singh Ghale, a known major Indonesian drug trafficker believed to be directly connected to the Bali Nine. Ghale, of NepaleseNepali people
Nepali people can refer to:*People of Nepal*Ethnic Nepalis of Indian citizenry residing in Gorkhaland area of West Bengal, Sikkim, Assam, Meghalaya, Mizoram and other parts of India.* Indian Gorkhas*Lhotshampas of Bhutan.*Nepali diaspora the world over....
origin, was killed when police stormed his Jakarta
Jakarta
Jakarta is the capital and largest city of Indonesia. Officially known as the Special Capital Territory of Jakarta, it is located on the northwest coast of Java, has an area of , and a population of 9,580,000. Jakarta is the country's economic, cultural and political centre...
home. Australian Federal Police Commissioner, Mick Keelty said Ghale was "directly linked" to the Bali Nine. Six men aged between 19 and 25 were arrested and released on bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
in Brisbane on drug trafficking charges believed to be associated with the Bali Nine. On 12 February 2006, police arrested Do Hyung Lee, a 25-year-old of South Korean origin, at Brisbane Airport
Brisbane Airport
Brisbane Airport is the sole passenger airport serving Brisbane and the third busiest in Australia, after Melbourne and Sydney Airports. Brisbane Airport has won many awards. Located in the suburb with the same name, the airport serves the city of Brisbane and the surrounding metropolitan area...
after arriving on a flight from South Korea. Lee was charged with drug trafficking and importation offences and appeared in the Brisbane Magistrates Court on 13 February 2006, the same day the first of the nine accused in Indonesia learned of their fate. Lee was bailed to reappear in court with the five others on 3 April 2006. Keelty told a Senate
Australian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...
estimates committee hearing that more arrests were expected.
Criminal history
Details of the criminal histories of the accused were not published during the trial to avoid harming legal defences in Indonesia. Once the Denpasar District court reached guilty verdicts and issued sentences it was revealed in Australian media that several members of the Bali Nine have a history of criminal offences and convictions in Australia occurring before their arrests in Indonesia. In December 2004 Rush pleaded guilty at the InalaInala, Queensland
Inala is a suburb of Brisbane, Australia, situated in the south-west of the metropolitan area.-History:Following World War II there was a shortage of 250,000 houses across Australia. State and Commonwealth Governments responded by making housing a priority. In Queensland alone over 4000 families...
Magistrates' Court in Queensland to 16 offences including drug possession
Drug possession
Drug possession is the crime of having one or more illegal drugs in one's possession, either for personal use, distribution, sale or otherwise. Illegal drugs fall into different categories and sentences vary depending on the amount, type of drug, circumstances, and jurisdiction.A person has...
, fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
, theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
and drink-driving. A warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
for his arrest in Australia is currently outstanding relating to A$4,796.95 stolen from the Commonwealth Bank using a forged cheque. Czugaj, also of Brisbane, has 14 convictions for offences including theft, wilful damage, traffic offences and fare evasion.
Lawrence and Norman were arrested on 26 March 2005, whilst travelling along the Pacific Highway
Pacific Highway (Australia)
The Pacific Highway is a major transport route along part of the east coast of Australia and is part of Australia's national route 1.It is 960 km long and links Sydney, the capital of New South Wales, to Brisbane, the capital of Queensland, along the coast, via Gosford, Newcastle, Taree, Port...
in a stolen Ford Laser
Ford Laser
The 1985 KC Laser/GC Meteor was the model's first major redesign. All body styles were carried over, with the addition of a station wagon from 1986. A new "TX3" variant, which was half-way between "GL" & "Ghia" in specification level, replaced the "Sport" variant from the KB series. Unlike the...
vehicle. Police were required to use road spikes to intercept the stolen vehicle. Both were due to appear in the Gosford
Gosford, New South Wales
Gosford is a city located on the Central Coast of New South Wales, Australia, approximately 76 km north of the Sydney central business district...
Magistrates Court to face car theft and traffic related charges. On 26 April 2005, they failed to appear due to their imprisonment in Indonesia a week earlier on 17 April 2005. Lawrence also admitted, after her arrest in Indonesia on 17 April 2005, to two prior visits to Bali in October and November 2004. She and Chan had made an earlier successful run with heroin from Bali to Australia during their October visit. The second delivery, scheduled for December 2004 was aborted when heroin suppliers failed to deliver. Lawrence provided a statement to police saying she was paid A$10,000 for the successful heroin delivery, however later retracted her statement.
External links
- The Penalty is Death The first interviews with Andrew Chan and Myuran Sukumaran inside Bali's Kerobokan Prison, The MonthlyThe MonthlyThe Monthly is an Australian national magazine of politics, society and the arts, which is published eleven times per year on a monthly basis except the December/January issue. Founded in 2005, it is published by Melbourne property developer Morry Schwartz...
, September 2008 - The Ages report on the Bali Nine story