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|Born|| 10 July 1977 |
Tugun, Queensland, Australia
|Conviction(s)||Importation of marijuana|
(27 May 2005)
|Penalty||20 years in prison|
IDR 100,000,000 fine
|Parents||Michael Corby (deceased)|
|Born|| 10 July 1977 |
Tugun, Queensland, Australia
|Conviction(s)||Importation of marijuana|
(27 May 2005)
|Penalty||20 years in prison|
IDR 100,000,000 fine
|Parents||Michael Corby (deceased)|
Corby is serving a 20-year sentence (from which she has received 27 and a half months' remission) for the importation of 4.2 kg (9.3 lb) of cannabis into Bali, Indonesia. She was convicted and sentenced in Bali on 27 May 2005 by the Denpasar (Indonesia) District Court and currently serves her sentence in Kerobokan Prison, Bali. On appeal, her conviction and sentence were confirmed with finality by the Indonesian Supreme Court. Corby petitioned[when?] the President of Indonesia for clemency on the grounds of mental illness and in May 2012 he granted a five-year sentence reduction.
Corby has maintained from the time of her arrest that the drugs were planted in her body board bag and that she did not know about them. Her trial and conviction were a major focus of attention for the Australian media. As of June 2012, her due release date, with remissions, is September 2017.
Corby lived in the town of Tugun on the Gold Coast in the Australian state of Queensland. She enrolled in a part-time beauty therapy course at a TAFE institute, finishing two of four course modules. She then worked in her family's fish and chip shop. Her father worked as a coal miner. Corby’s older sister, Mercedes, married a Balinese man and lives in Bali. In the mid-1990s, Corby met a Japanese man, Kimi Tanaka, who was on a working holiday in Australia and the two began dating. On his return to Japan, Corby continued to visit him and the two married in June 1998 in the Japanese town of Omaezaki, Shizuoka Prefecture. While living in Omaezaki she worked at a ryokan (Japanese inn). Her husband also found work in the hospitality industry and as a seasonal worker on nearby tea farms. The couple separated and Corby returning to Australia in July 2000. The couple's divorce was finalised in 2003. Tanaka remarried and became a father and, after October 2004, did not have any further contact with Corby. Returning home to Australia, Corby had a stopover in Bali where she had been five times since the age of sixteen, which included stopovers on her way to or from Japan.
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On 8 October 2004, Corby, her brother and two friends, flew from Brisbane to Bali transiting in Sydney. It was her first visit to Bali in four years having previously visited several times to visit on stopovers between Australia and Japan to visit her sister, Mercedes.
Passing through customs upon her arrival at Ngurah Rai Airport in Denpasar, Corby was apprehended by customs officers. She was found to have 4.2 kg (9.3 lb) of cannabis in a double plastic vacuum sealed plastic in her unlocked body board bag. Customs officer Gusti Nyoman Winata said that she tried to prevent him from opening the compartment of the bag containing the cannabis. Corby denied this during the trial, saying she originally opened the bag after being asked by Winata whose bag it was. Corby said she and the customs official had difficulty understanding each other. No CCTV footage of this interaction was retrieved or preserved.
The four bags belonging to Corby and her companions were not weighed individually at Brisbane Airport, with a total weight of 65 kg being taken instead. The Bali police and customs did not record the weight of the bags, despite requests from Corby for them to do so.
Corby stated that she had no knowledge of the drugs until the body board bag was opened by customs officers.
The prosecution case was based on the customs official's testimony that Corby said the bag was hers, and that it was found to contain 4.2 kg of cannabis. Four customs officials present when her bag was first examined in Bali said she tried to stop the bag being opened, and that she had said "I have some..."
Three of Corby's travelling companions testified that they had seen her pack the bag before leaving for the airport and that only the flippers and yellow body board were inside it. In contrast to the testimony of the custom's officials, her companions said that Corby opened the bag herself at the customs counter. Despite repeated requests from Corby's companions and lawyers, the bag was not tested for fingerprints.
Corby's lawyers argued that she had no knowledge of the cannabis until customs officials at the airport found it. Her defence centred on the theory that she had become an unwitting drug courier for what was supposed to have been an interstate shipment of drugs between Brisbane and Sydney in Australia – a claim that was later supported when the former head of operations for the Australian Federal Police's internal investigation unit, Ray Cooper, claimed that it was well known within the AFP that some passengers were unwittingly being used to transfer drugs between domestic airports in Australia. According to her lawyers, the cannabis was meant to have been removed in Sydney. Corby's former lawyer, Robin Tampoe, later said that he made up the claim about the baggage handlers and apologised to them.
The Australian Government offered the services of two Queen's Counsel on a pro-bono basis. however, the offer was rejected. The Corby family subsequently took up the offer for the High Court appeal but after more allegations of bribery by the barristers,[clarification needed] further assistance was refused.
|Wikinews has related news: Corby's star witness convicted of rape|
John Patrick Ford, a prisoner at Port Phillip Prison who was awaiting trial and was subsequently convicted on unrelated charges, was flown to Indonesia to give evidence in Corby's defence.
Ford testified that he overheard a conversation in prison between two men and alleged that one of the men planted the marijuana in Corby's body board bag in Brisbane with the intention of having another person remove it in Sydney. He stated that the drugs were owned by Ron Vigenser, who had been a prisoner at the same jail as Ford. He stated that a mix-up resulted in the marijuana not being removed and subsequently being transported to Indonesia, all without Corby's knowledge. He refused to name the man who he claimed planted the drugs. The prosecution pointed out that his evidence was entirely hearsay and that he was facing trial for several serious offences in Australia. In the Australian media, Vigenser strongly denied any connection with the drugs and reportedly gave a statement to the Australian Federal Police.
An A$1,000,000 reward was offered for information to substantiate claims made by Ford about baggage handlers with no result. Following his return from Bali, Ford was convicted of rape. Subsequently, in prison, he was beaten and stabbed and then held in solitary protective custody. Ford's wife stated that this was a consequence of evidence he gave at Corby's trial.
Corby's legal defence suggested that airport baggage handlers had put the drugs in Corby's bag, however, they could not provide substantive probative evidence of this. In a June 2008 documentary, Schapelle Corby: The Hidden Truth, Corby's former lawyer, Robin Tampoe, said that he fabricated the defence theory that Australian baggage handlers could have planted the drugs in Corby's luggage and that former Australian foreign minister Alexander Downer told him he suspected Corby's brothers were behind the convicted drug smuggler's crime.
According to the Sydney Morning Herald, Corby flew out of Sydney on the same day (8 October 2004) as a large shipment of cocaine was shipped out of the airport by a drug ring involving corrupt baggage handlers. During the week of 9 May 2005 several arrests occurred in Australia related to cocaine smuggling through Sydney airport. Her defence claimed that the cannabis was planted in her bag by mistake by baggage handlers. However, the Australian Federal Police (AFP) commissioner, Mick Keelty, stated that a key aspect of her defence was not supported by the available intelligence and that the cocaine-smuggling ring which had been discovered involved the reception of shipments of drugs from overseas, not the transportation of drugs domestically.
CCTV cameras at the Bali airport could not corroborate or contradict Corby's account of what happened in customs. The prosecutor said the tapes were not checked. The defence requested to see them. Corby's mother claims that Schapelle requested the CCTV footage be shown in court, to which the judge replied, "We will use that if we need to". Corby's mother claims the footage was never shown. According to the documentary Ganja Queen, which aired on HBO, the Closed-Circuit TV Cameras (CCTV) within the airport were not operable the day of Corby's flight.
Corby's other luggage was not weighed, despite her requests. However, there was no obligation upon Indonesian police to do so. Her belongings were searched after she was taken into custody.[not in citation given]
Ron Bakir, a Gold Coast entrepreneur said he had retained the services of the Australian law firm Hoolihans to investigate the origin of the drugs. He made statements suggesting that he would fund Corby's defence. Bakir later registered a company titled Schapelle Corby Pty Ltd. It was reported that he told the Corby family that they owed him $500,000, though Bakir denied this.
Bakir accused the prosecution team (chief prosecutor Ida Bagus Wiswantanu) of seeking a bribe to reduce the requested sentence. The prosecution team and the Indonesian government vehemently denied that this occurred. Corby's legal team were openly angry with Bakir since this could cause the imposition of a more severe penalty.
Bakir cut ties with the Schapelle Corby case on 24 June 2005 after Corby wrote a letter asking him to dissociate himself. Schapelle Corby Pty Ltd was voluntarily de-registered on 23 October 2005.
Corby made pleas to be released. At the defence's last address to the court, on 29 April 2005, Corby said to the three judges:
I cannot admit to a crime I did not commit. And to the judges, my life at the moment is in your hands, but I would prefer if my life was in your hearts....And your Honour, I ask of you to show compassion, to find me innocent, to send me home. Saya tidak bersalah ("I am not guilty", in Indonesian).
The bag of cannabis was not fingerprinted by the Indonesian custom officials or police, nor analysed to determine its origin. Tim Lindsay of the University of Melbourne, an expert on Asian law, suggested that a greater focus on the weaknesses of the forensic evidence could have helped Corby's case.
The Australian Federal Police said that an offer to DNA test the cannabis was refused by Schapelle Corby's legal team. Australian Foreign Minister Alexander Downer said that the Indonesian Police rejected the Australian Government's request to have the AFP test the drugs.
|Wikinews has related news: Schapelle Corby found guilty, sentenced to 20 years|
The verdict in the Corby trial was broadcast live on television in Australia and the Nine Network's television coverage was also broadcast live in New Zealand. The coverage included the 80 page trial outline, the verdict and sentencing.
On 27 May 2005, Corby was found guilty and sentenced to 20 years' jail. She was also fined 100,000,000 IDR (about A$12,663), with an additional six months if unpaid. The defence and prosecution appealed separately to the High Court with the defence appealing for a retrial and the prosecution appealing for life imprisonment.
In July 2005, the High Court ruled that the case should be reopened by the district court, allowing the defence to call new witnesses. The onus was on the defence team to call sufficient witnesses to prove that Corby did not place the drugs in her body board bag. One man was named as the owner of the drugs in Corby's bag. He was named as a key witness, but he said that he 'knows nothing'.
|Wikinews has related news: Corby's 20 year sentence reinstated|
In October 2005, Bali's High Court reduced the sentence to 15 years. Both sides again appealed to Indonesia's Supreme Court. On 19 January 2006, the Indonesian Supreme Court overturned the five year reduction in her sentence and reinstated the original 20-year jail term. The court ordered that the bodyboard bag and drugs be destroyed, signalling that the case was now closed. The three judge panel rejected a final appeal from Corby, whose lawyers had been seeking a lighter sentence or acquittal.
In August 2006, Corby and her legal team made an extraordinary appeal to the Denpasar District Court. The basis of the appeal was a letter submitted from an Australian government official that said CCTV cameras were operating at Sydney airport on the day she left and indicated that they hoped that the footage (although none has been shown to exist) would show drugs being put into Corby's bag. Corby's lawyers also said that the trial court did not have evidence of actual ownership of the drugs and thus erred in convicting her. The judges agreed to wait ten days to allow for footage to be presented before sending the record to the Supreme Court.
In March 2008, the Indonesian Supreme Court rejected Corby's final appeal against her sentence.
In 2010, a clemency appeal for full remission on humanitarian grounds was made to the Indonesian President which cited her reported deteriorating mental health. In May 2012, the President granted a five-year cut to Corby’s sentence.
It was reported that a joint South Australian and Queensland police operation had seized photographs of Corby with a man charged with marijuana smuggling after a police search of the alleged dealer's home. It was reported in the media that the photos had been taken prior to Corby's arrest in Bali.
After the reports, Corby's mother, Rosleigh Rose, flew to Adelaide, entered police headquarters and demanded (unsuccessfully) to see the photographs. She alleged that the photographs were taken with Corby in prison in Bali.
In January 2006, the man in the photographs, Malcolm McCauley, told Adelaide Now that he had visited Corby in Bali twice in 2005 — but only as a tourist offering support during her drugs trial. McCauley said he first met Corby at her court hearing in May 2005. He said Corby's mother invited him to visit Corby at Kerobokan Prison the following day. Despite claims that the photos had been taken prior to Corby's arrest, McCauley said the photos were taken at an empty fish pond at the prison where the two were permitted by prison guards to sit and talk.
The Corby case generated some anti-Indonesian sentiment amongst some Australians. Mainstream Indonesian media showed minimal interest in the story with the small exception of Bali newspapers. Some small-circulation English language publications such as The Jakarta Post and the Bali Sun gave moderate levels[clarification needed] of coverage.
Several days after the trial verdict, a letter was delivered to the Indonesian embassy in Canberra containing an unknown substance on 31 May 2005. It was later found to be non-toxic and was considered a hoax. The embassy was shut down for decontamination. With negotiations on a prisoner exchange agreement between Australia and Indonesia about to begin, the Australian Government condemned the actions saying if they were related to the Corby case they would not help. The Indonesian foreign ministry described the attack as a sorry and cowardly attempt at intimidating Indonesia, and said Indonesia would not succumb to such a threat.
During the trial, Corby wrote to the Australian Prime Minister, John Howard, saying "...as a father and as a leader, I plead for your help. I did not do this. I beg for justice. I don't know how much longer I can do this. Please bring me home." Of Corby, Howard said: "I feel for her. I understand why there's a lot of public sympathy for her; I would simply say that I hope justice is done and it's a fair and true verdict ... I would ask the rhetorical question: My fellow Australians, if a foreigner were to come to Australia and a foreign government were to start telling us how we should handle [it], we would react very angrily to that." The Australian Labor Party generally supported the government's approach to the case in not wanting to interfere in Indonesia's judicial system, while Australian Greens leader Bob Brown criticised the verdict.
There was considerable media interest in and popular discussion of Schapelle Corby's predicament. The conspiracy theory that Australian baggage handlers had placed the drugs in her baggage received some attention. For many months, every minor development in the case was highlighted on prime time TV. For example, a minor "collapse" in the court engendered much erroneous speculation that she was pregnant by her former financial backer, Ron Bakir.
A poll commissioned and published in June 2005 by The Sydney Morning Herald found that opinion was divided whether Corby was guilty but there was a perception that the trial had not been carried out fairly. In Australia, over 100,000 people signed a petition that they believe Corby should be freed. In Indonesia, however, about 40 protesters gathered on 5 June 2005 at the Australian embassy in Jakarta calling for Corby to receive the death sentence and carrying placards with comments such as '"Corby, drug dealer, must die"'.
On 3 March 2008, pictures of what were said to be Corby and her sister Mercedes were shown on A Current Affair, taken after tourists noticed the women having dinner at a bar at Kuta, a town near the Bali airport. Rose denied that it was them.
A documentary concerning Corby's arrest, trial and imprisonment, Ganja Queen, was produced by Janine Hosking and Steve Hosking in 2007. An extended version, Schapelle Corby: The Hidden Truth, was aired on Australian television by the Nine Network in June 2008.
According to opinion polls at the time of Corby's arrest in 2004, most Australians believed her to be innocent. A Nielsen poll conducted in August 2010 found that 10 per cent of Australians believed she was innocent. Most Australians believe Corby should have her 20-year prison sentence reduced.
The Corby case angered many,[who?] who contrasted her prosecution with the lighter sentence given to Indonesian Abu Bakar Bashir, the alleged leader of the terrorist group which carried out the 2002 Bali bombings, killing over 200 people including 88 Australians.
After Corby's conviction, sales of luggage locks increased, and people filmed their luggage as a precautionary effort.
In early 2009, publicity agent Stephen Moriarty was appointed to represent the Corby family. A deal was agreed with New Idea magazine for a series of front cover stories to run throughout the year. The deal is thought to be worth $100,000.
Corby's cell block is shared with 85 other women. She spends her time assisting others with personal grooming and making jewellery. During an interview by The Herald Sun on 12 May 2009, Corby expressed her feelings of running a beauty school inside the jail. Her proposal was being considered by jail authorities.
Corby has received a total of 27.5 months remission on her original 20-year jail term.
Corby was taken from her prison to a Bali hospital in June 2008 to be treated for depression. In July 2008, Corby was permitted to leave her hospital ward under armed guard to visit a beauty salon located within the hospital grounds to have her hair done and for a pedicure. While she was at the salon, word of her presence got out and, upon leaving the salon, Corby was faced with a large number of reporters. Corby attempted to hide her face as she left the salon and her doctor stated that her condition was "back to zero" and that additional treatment for depression would be needed. On 9 July 2008, she was returned to the prison, ending a stay of two and a half weeks in the hospital. Corby was again taken to the hospital on 22 May 2009 for depression.
In August 2009, an Australian psychiatrist, was paid by New Idea magazine to fly to Bali and assess her condition. His report, which appeared in the magazine and accompanied a deal between the magazine and the Corby family, stated that her mental condition was deteriorating seriously in the prison and urged that she be transferred to an Australian hospital, or at least an Indonesian one. Queensland Premier Anna Bligh supported Corby serving her time in Australia.
Corby's mother Rosleigh Rose has six children, with Schapelle being the third. Her marriage to Michael Corby produced Mercedes (1974), Michael Junior (1976) and Schapelle (1977). Corby's parents separated around 1979. Michael Corby died in 2008. Rose's second marriage produced Clinton Rose, described by Michael Corby Senior as "the black sheep of the family".
During the 1970s, Corby's father, Michael Corby, was fined for possession of cannabis. He indicated that he was fined A$400 for possession of two grams of cannabis. However, he stated that the cannabis was not his, saying that "Some girl had it and they busted the whole joint and I had to go along for the ride." He also stated that he had had about a "half-dozen" drink driving convictions, but added, "Who hasn't?"
A quantity of cannabis weighing 5 kg (11 lb) was seized from a property located beside property that Michael Corby owned but did not live at one month prior to his daughter's arrest. Corby's father and the neighbour had also lived in adjacent properties in Middlemount, Queensland, while both worked at the German Creek Mine during the 1990s. A Middlemount resident described them as "pretty friendly".
Corby's half-brother, Clinton Rose, has spent time in jail for a range of offences. He was serving a 15 months sentence in Queensland for breaking and entering and fraud. This was his second time in prison. In January 2002, Rose was convicted of drug possession. He had pleaded guilty to what the Southport District Judge, Robert Hall, described as a "campaign of crime". Rose pleaded guilty to a total of 62 charges accumulated over a six-month period.
Kisina was travelling with Corby when she was arrested in Bali. He had also been carrying the bodyboard bag before the arrest and had appeared in the media to support his sister.
On the same day as the reinstatement of Corby's original sentence, Kisina appeared in a Brisbane magistrates court on drug possession and assault charges. Kisina, along with two friends, invaded the home of a well-known drug dealer, tied up the occupants and assaulted a male occupant before fleeing with a quantity of cannabis and cash. Police stated that the residents were threatened with an iron bar and menaced with a machete.
On 17 January 2006, Queensland Police found cannabis in the home of Schapelle Corby's mother and half-brother. Police stated that the house which Kisina had broken into had been watched by police for some time and that the occupant of the home was a known drug dealer. Kisina's lawyer denied this contention and claimed his client broke into the home believing its occupants may have had information that could assist in Schapelle Corby's sentence appeal. On 8 March 2006, Kisina appeared in the Beenleigh Magistrates Court in relation to the drug-related home invasion and was committed to stand trial after a committal hearing in June.
In Beenleigh District Court, on 13 October 2006, Kisina pleaded guilty to eight charges: two counts of deprivation of liberty, two counts of assault occasioning bodily harm and one count each of producing a dangerous drug, possessing a dangerous drug, possessing an item used in a criminal offence and entering a dwelling. He was sentenced on 16 October 2006 to four years' imprisonment, to be suspended after 10 months. Kisina had spent 9 months on remand. He was released from prison on 18 November 2006.
A senior Queensland Police detective raised a link between Kisina and Corby's arrest in Bali, but later admitted his claims did not meet the "standard of proof" required to take action against Kisina.
On 12 February 2007, Jodi Power, a longtime Corby family friend, appeared on current affairs television program Today Tonight during a paid interview filmed in December 2006. Power, with her two children, had lived for months in Bali during the trial to support Schapelle Corby, made allegations that Corby's sister Mercedes had previously asked Power to transport drugs to Bali. Power also alleged that Mercedes had confessed to smuggling compressed cannabis concealed inside her body into Indonesia.
Power claimed that she had seen a vacuum sealed plastic bag similar to the one Schapelle Corby was convicted of using to transport the cannabis to Indonesia at Mercedes Corby's house. She said, "They were getting marijuana out of it. It looked like the same bag." In a further interview, when asked if Schapelle Corby had taken drugs, Power replied, "Yes ... I know she's had ecstasy, speed, cocaine."
Power took three polygraph tests on the program, failing the first but passing the next two. She maintained that she had told the truth about Schapelle Corby but had failed the first polygraph test because she had lied in response to personal questions relating to herself.
Power alleged that the Corby family had lied when stating they had no connections to cannabis. Photographs shown on the program reveal Mercedes smoking what appears to be cannabis. Mercedes Corby has admitted to having "the occasional puff (of marijuana) as a teenager" and indicated that it was her in the photographs shown on Today Tonight, but that they were taken at age 17. Power herself has admitted to marijuana use—at the Corby house.
In response to the statements made by Power, Mercedes Corby was quoted as saying, "Schapelle is in her final appeal and for Jodi to come out and lie is low", stating that the claims can damage Corby's appeal.
Mercedes Corby was interviewed in response to Power's claims on 14 February 2007 on A Current Affair.
Power's mother, Margaret Power, was interviewed on 13 February 2007 edition of Today Tonight. She stated that her daughter was telling the truth and then suggested that Mercedes Corby also take a polygraph test, expressing her belief that she would fail it.
Today Tonight reported that the polygraph expert who conducted the lie detector test on Jodi Power has received numerous death threats. On 30 March 2007, Mercedes Corby filed suit for defamation against Today Tonight and its producers and staff. The matter was scheduled for initial hearing on 15 May 2007.
On 29 May 2008, the Seven Network was found to have defamed Mercedes Corby for implying that she was a drug smuggler and a drug dealer and also that she posed a threat to the safety of Jodi Power. Mercedes Corby's barrister described her to the jury as "an ordinary Australian" subjected to a "trial by media" solely because Schapelle Corby was "locked up in a stinking jail in Bali". The jury upheld the network's defence of truth for stating that Mercedes Corby possessed marijuana.
In November 2006, Corby released an autobiography entitled My Story. The book has sold more than 100,000 copies. Copyrights for the book were assigned by Corby to her sister, Mercedes, and co-author Kathryn Bonella in a move some believe will allow Corby to access proceeds from the sale of the book and avoid Australian laws which restrict convicted criminals from profiting from the proceeds of crime. However, in March 2007, the Queensland Court of Appeal barred the Corby family from spending money generated by the book, pending a claim by the Commonwealth under laws which prevent those who commit crimes from profiting by them. The sum of $267,500 has been frozen pending forfeiture proceedings.
In July 2007, a Queensland court granted the government the right to interview four individuals in the publishing industry, who were not named, in order to secure evidence. It was also revealed that the proceeds from the book, as well as from a subsequent paid interview, be deposited in the name of Mercedes Corby's Indonesian husband.
In 2008, Corby's autobiography was retitled and published as No More Tomorrows for the international market and was made available in English, Spanish, Portuguese, Polish and Dutch.