Martin Stephens
Encyclopedia
Martin Eric Stephens (born 1976), 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 3.3 kg (7.3 lb) of heroin taped to his chest and concealed under his clothing. After a criminal trial, on 14 February 2006 Stephens was sentenced to life imprisonment
. His appeal
to the Indonesian Supreme Court
to have the sentence reduced to 10 years was rejected in January 2011.
, a suburb of Wollongong, New South Wales
, was employed at at Eurest
, a catering company, where he met Renae Lawrence
, Matthew Norman
, and his supervisor, Andrew Chan
. All four would later be convicted of drug trafficking as fellow members of the Bali Nine.
According to media reports based on the testimony of Renae Lawrence, acting under the instructions of Andrew Chan, Stephens and Lawrence departed Australia on 6 April 2005. The day before, Stephens, Lawrence, and Si Yi Chen
met with Myuran Sukumaran
where police allege drug smuggling tools such as sealable plastic bags, medical tape, elastic waist bands and skin tight bike shorts were stuffed into the bags of Stephens and Lawrence. Lawrence claimed she was given cash; whilst Stephens claimed that his life was threatened. Media reports claim that police records show that whilst in Bali, Lawrence was in daily contact with Chan until 13 April, when Chan changed his mobile phone number. On the same day, he instructed Stephens and Lawrence, staying at the Kuta Laguna, to change hotels. Together with Chen and Norman, Stephens and Lawrence checked into the Adhi Dharma hotel on 14 April. Indonesian police were in an adjacent room in the same hotel. Nguyen arrived on 16 April, and booked into the same hotel. The original planned departure date of 14 April from Bali was delayed as Chan suspected Australian and Indonesian police were aware of his plans.
On 17 April, Chen, Norman, and Nguyen checked out of the Adhi Dharma hotel, leaving Stephens and Lawrence in the hotel until they departed for the airport.
, Michael Czugaj
and Lawrence were arrested at the same time as Stephens. On 20 April 2005, graphic footage of the arrests and subsequent police questioning of Stephens and other members of the Bali Nine was aired on Australian television.
On the same day that Stephens was arrested, Indonesian police also arrested Si Yi Chen, Tan Duc Thanh Nguyen, Myuran Sukumaran and Matthew Norman at the Melasti Hotel in Kuta
. Alleged co-ringleader, Andrew Chan was also arrested the same day whilst seated on an Australian Airlines
flight waiting to depart Denpasar for Sydney. At the time Chan was arrested, he was carrying three mobile phones and a boarding pass. No drugs were found in his possession.
At the time of the arrest, it was reported that Stephens, speaking with Lawrence, was recorded as saying:
Lawrence replied:
(AFP) prior to the commission of the offence, fearing his son was travelling to Bali and would commit a drug-related crime. Rush senior claims then to have received assurances from the AFP that they would tell his son he was under surveillance
to dissuade him from going through with the crime before the group's departure from Indonesia. Scott Rush's lawyers said he was never contacted. It was revealed that the AFP alerted Indonesian police that a crime was to be committed approximately two weeks before the arrests, and had commenced an investigation about ten weeks prior to the arrests. When the Bali Nine were arrested, the news of the tipoff became public and there was criticism of the role of the AFP in protecting the interests of Australian citizens. Commenting on the matter at the time, AFP Commissioner
Mick Keelty
was reported as saying:
Rush took action in the Federal Court of Australia
against the AFP for breach of the bilateral treaty
between Indonesia and Australia when information was handed by the AFP to the Indonesians. Rush's case claimed that such information should only be released by the Attorney-General. However, the Commonwealth Government maintained that the treaty only applies after a suspect is charged. The application was dismissed by the Federal Court in January 2006.
, The Melasti Three, were tried together, with the remaining six defendants tried separately.
In December 2005, as the trials began, it was reported that tensions were building between between the Bali Nine drug mules
and Sukumaran and Chan. Several days later, lawyers acting for some members of the Bali Nine initially sought the support of the Director of Public Prosecutions to intervene and lay charges for conspiracy to import drugs, so that the nine could be extradited and charged under Australian law. However, the judges hearing the trial matters in Bali called for Australia not to intervene in Indonesia's right to impose capital punishment;. Lawyers acting for Stephens claimed that the fairness of his trial was in jeopardy following comments made in the media by Indonesian Foreign Minister Hassan Wirajuda
that Australians should be prepared for members of the Bali Nine to receive a death sentence, if found guilty.
During his trial, Stephens claims he was forced by Chan to travel to Bali and proceed with the smuggling. Stephens claims that Chan showed him photographs of his family going about their daily lives, and saying they would be killed if he did not cooperate, saying:
Adnan Wirawan, Stephens' lawyer, claimed that his client has been unfairly accused as the ring leader of the alleged conspiracy. "He's a human suitcase... he was being told what to do." During legal proceedings, Czugaj and Rush, fellow members of the Bali Nine who have since been convicted of drug trafficking, testified that they had never met Stephens or Lawrence until they were all arrested on 17 April 2005.
On 14 February 2006 Stephens was sentenced to life imprisonment.
Commenting on the sentences at the time, Australian Federal Police Commissioner Keelty stated:
Australian Prime Minister
John Howard
was reported as commenting:
As verdicts and sentences were handed down in the trials of the Bali Nine, additional arrests were made in Australia.
Stephens, along with eight other members of the Bali Nine, appealed the severity of their sentence. On 26 April 2006, the Indonesian Supreme Court reduced the life imprisonment sentences to 20-years for each of Lawrence, Nguyen, Chen, Czugaj and Norman, all arrested at Melasti Hotel in Kuta. Stephens' appeal was upheld.
On 20 December 2006, Stephens announced he planned to marry Christine Winarni Puspayanti, an Indonesian woman he met at Kerobokan Prison
. Stephens met Puspayanti months after his arrest while she was visiting the prison as a part of a church group. Stephens married Puspayanti in a traditional Indonesian-style wedding in April 2011.
Bartender
A bartender is a person who serves beverages behind a counter in a bar, pub, tavern, or similar establishment. A bartender, in short, "tends the bar". The term barkeeper may carry a connotation of being the bar's owner...
, was convicted in Indonesia for drug trafficking as a member of the Bali Nine
Bali Nine
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 of heroin valued at approximately A$4 million from Indonesia to Australia...
. In 2005, on his first trip to 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...
, Stephens was arrested at Ngurah Rai International Airport in Denpasar
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:...
with 3.3 kg (7.3 lb) of heroin taped to his chest and concealed under his clothing. After a criminal trial, on 14 February 2006 Stephens was sentenced to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
. His appeal
Appeal
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....
to the Indonesian Supreme Court
Indonesian Supreme Court
The Supreme Court of Indonesia is the independent judicial arm of the state. It maintains a system of courts and sits above the other courts and is the final court of appeal. It can also reexamine cases if new evidence emerges.-Jurisdiction:...
to have the sentence reduced to 10 years was rejected in January 2011.
Alleged trafficking conspiracy
Stephens, from TowradgiTowradgi, New South Wales
Towradgi is a small beach-side suburb approximately 5 km north of Wollongong. Towradgi is a corruption of the aboriginal word "Kow-radgi" meaning "guardian of the sacred stones". On an early map it was called Towroger. Towradgi is served by Towradgi station, opened in 1948...
, a suburb of Wollongong, New South Wales
Wollongong, New South Wales
Wollongong is a seaside city located in the Illawarra region of New South Wales, Australia. It lies on the narrow coastal strip between the Illawarra Escarpment and the Pacific Ocean, 82 kilometres south of Sydney...
, was employed at at Eurest
Eurest
Eurest is a catering company owned by the Compass Group. They operate within 80 countries, providing staff restaurants and supplying vending machines for businesses....
, a catering company, where he met 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...
, 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,...
, and his supervisor, 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...
. All four would later be convicted of drug trafficking as fellow members of the Bali Nine.
According to media reports based on the testimony of Renae Lawrence, acting under the instructions of Andrew Chan, Stephens and Lawrence departed Australia on 6 April 2005. The day before, Stephens, Lawrence, and 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...
met with 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...
where police allege drug smuggling tools such as sealable plastic bags, medical tape, elastic waist bands and skin tight bike shorts were stuffed into the bags of Stephens and Lawrence. Lawrence claimed she was given cash; whilst Stephens claimed that his life was threatened. Media reports claim that police records show that whilst in Bali, Lawrence was in daily contact with Chan until 13 April, when Chan changed his mobile phone number. On the same day, he instructed Stephens and Lawrence, staying at the Kuta Laguna, to change hotels. Together with Chen and Norman, Stephens and Lawrence checked into the Adhi Dharma hotel on 14 April. Indonesian police were in an adjacent room in the same hotel. Nguyen arrived on 16 April, and booked into the same hotel. The original planned departure date of 14 April from Bali was delayed as Chan suspected Australian and Indonesian police were aware of his plans.
On 17 April, Chen, Norman, and Nguyen checked out of the Adhi Dharma hotel, leaving Stephens and Lawrence in the hotel until they departed for the airport.
Arrest in Indonesia
Stephens was arrested by Indonesian police on 17 April 2005 at Ngurah Rai International Airport in Denpasar, Bali. Heroin weighing 3.3 kg (7.3 lb) was discovered strapped to his legs and chest, concealed underneath his clothing. Scott RushScott 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...
, 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...
and Lawrence were arrested at the same time as Stephens. On 20 April 2005, graphic footage of the arrests and subsequent police questioning of Stephens and other members of the Bali Nine was aired on Australian television.
On the same day that Stephens was arrested, Indonesian police also arrested Si Yi Chen, Tan Duc Thanh Nguyen, Myuran Sukumaran and Matthew Norman at the Melasti Hotel in Kuta
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...
. Alleged co-ringleader, Andrew Chan was also arrested the same day whilst seated on an Australian Airlines
Australian Airlines
Australian Airlines was a full-service airline based in Australia, servicing Australian and Asian destinations between 2002 and 2006. It was an all-economy, full-service international leisure carrier and was a wholly owned subsidiary of Qantas, although run independently of the mainline carrier...
flight waiting to depart Denpasar for Sydney. At the time Chan was arrested, he was carrying three mobile phones and a boarding pass. No drugs were found in his possession.
At the time of the arrest, it was reported that Stephens, speaking with Lawrence, was recorded as saying:
- "Should we dob them in?"
Lawrence replied:
- "By dobbing some other **** I'm not killing my family. And what's the point anyway, because if we dob them in, right, we dob them in, they kill our family and then we're dead anyway. So, you know, why... Don't tell them and they'll just kill us instead and leave our families alone."
Criticisms of Australian Federal Police tipoff
Lee Rush, the father of Scott Rush, a fellow member of the Bali Nine, said that he contacted the Australian Federal PoliceAustralian 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) prior to the commission of the offence, fearing his son was travelling to Bali and would commit a drug-related crime. Rush senior claims then to have received assurances from the AFP that they would tell his son he was under surveillance
Surveillance
Surveillance is the monitoring of the behavior, activities, or other changing information, usually of people. It is sometimes done in a surreptitious manner...
to dissuade him from going through with the crime before the group's departure from Indonesia. Scott Rush's lawyers said he was never contacted. It was revealed that the AFP alerted Indonesian police that a crime was to be committed approximately two weeks before the arrests, and had commenced an investigation about ten weeks prior to the arrests. When the Bali Nine were arrested, the news of the tipoff became public and there was criticism of the role of the AFP in protecting the interests of Australian citizens. Commenting on the matter at the time, AFP Commissioner
Police commissioner
Commissioner is a senior rank used in many police forces and may be rendered Police Commissioner or Commissioner of Police. In some organizations, the commissioner is a political appointee, and may or may not actually be a professional police officer. In these circumstances, there is often a...
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...
was reported as saying:
- "One of the things we've got to remember is that we operate within our criminal-justice system here in Australia, and if we only co-operated with countries that had the same criminal-justice system, then our co-operation wouldn't extend very far beyond Australia. We have to work with the systems that operate in other countries, and to a large degree this has been successful, certainly in terms of heroin trafficking."
Rush took action 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 AFP for breach of the bilateral treaty
Bilateral treaty
A bilateral treaty is a treaty strictly between two state parties. These two parties can be two states, or two international organizations, or one state and one international organization.It is similar to a contract, so it is called contractual treaty....
between Indonesia and Australia when information was handed by the AFP to the Indonesians. Rush's case claimed that such information should only be released by the Attorney-General. However, the Commonwealth Government maintained that the treaty only applies after a suspect is charged. The application was dismissed by the Federal Court in January 2006.
Criminal trial
Criminal trials for the accused commenced in the Denpasar District Court on 11 October 2005. Chen, Nguyen, and Norman, all arrested at the Melasti Hotel and earning the numeric epithetEpithet
An epithet or byname is a descriptive term accompanying or occurring in place of a name and having entered common usage. It has various shades of meaning when applied to seemingly real or fictitious people, divinities, objects, and binomial nomenclature. It is also a descriptive title...
, The Melasti Three, were tried together, with the remaining six defendants tried separately.
In December 2005, as the trials began, it was reported that tensions were building between between the Bali Nine drug mules
Mule (smuggling)
A mule or courier is someone who smuggles something with him or her across a national border, including bringing in to and out of an international plane, especially a small amount, transported for a smuggling organization. The organizers employ mules to reduce the risk of getting caught...
and Sukumaran and Chan. Several days later, lawyers acting for some members of the Bali Nine initially sought the support of the Director of Public Prosecutions to intervene and lay charges for conspiracy to import drugs, so that the nine could be extradited and charged under Australian law. However, the judges hearing the trial matters in Bali called for Australia not to intervene in Indonesia's right to impose capital punishment;. Lawyers acting for Stephens claimed that the fairness of his trial was in jeopardy following comments made in the media by Indonesian Foreign Minister Hassan Wirajuda
Hassan Wirajuda
Nur Hassan Wirajuda was the foreign minister of Indonesia from 2001 to 2009. Her serves under presidencies of Megawati Sukarnoputri andSusilo Bambang Yudhoyono- Educations :...
that Australians should be prepared for members of the Bali Nine to receive a death sentence, if found guilty.
During his trial, Stephens claims he was forced by Chan to travel to Bali and proceed with the smuggling. Stephens claims that Chan showed him photographs of his family going about their daily lives, and saying they would be killed if he did not cooperate, saying:
- "They threatened me. They threatened my family, my friends, my love - my girlfriend… They showed me pictures."
Adnan Wirawan, Stephens' lawyer, claimed that his client has been unfairly accused as the ring leader of the alleged conspiracy. "He's a human suitcase... he was being told what to do." During legal proceedings, Czugaj and Rush, fellow members of the Bali Nine who have since been convicted of drug trafficking, testified that they had never met Stephens or Lawrence until they were all arrested on 17 April 2005.
Sentencing and appeal
Sentences for the majority of the Bali Nine were handed down on 13 February 2006 and 14 February 2006. As Stephens' sentence was about to be handed down, his mother Michelle, speaking from Bali, was reported as saying:- ""...faith gave them strength, and asked Australians to think before they judged [her] son."
On 14 February 2006 Stephens was sentenced to life imprisonment.
Commenting on the sentences at the time, Australian Federal Police Commissioner Keelty stated:
- "I stand by the police and what they've done … The Federal Court actually made a decision saying not only had they acted lawfully but they acted in accordance with government policy."
Australian Prime Minister
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
John Howard
John 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....
was reported as commenting:
- "The police are there to protect us from the ravages of drugs and I just hope that every young Australian who might in their wildest imagination think that they can get away with this will take a lesson from this" and "I feel desperately sorry for the parents of these people. I do. All of us as parents will feel that way, but the warnings have been there for decades."
As verdicts and sentences were handed down in the trials of the Bali Nine, additional arrests were made in Australia.
Stephens, along with eight other members of the Bali Nine, appealed the severity of their sentence. On 26 April 2006, the Indonesian Supreme Court reduced the life imprisonment sentences to 20-years for each of Lawrence, Nguyen, Chen, Czugaj and Norman, all arrested at Melasti Hotel in Kuta. Stephens' appeal was upheld.
On 20 December 2006, Stephens announced he planned to marry Christine Winarni Puspayanti, an Indonesian woman he met at 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 :...
. Stephens met Puspayanti months after his arrest while she was visiting the prison as a part of a church group. Stephens married Puspayanti in a traditional Indonesian-style wedding in April 2011.