Bali Nine

The Bali Nine is the name given to nine Australian citizens arrested on 17 April, 2005 in Denpasar on the island of Bali, Indonesia, in a plan to smuggle 8.3 kg (18 lb) of heroin valued at approximately AUD 4 million from Indonesia to Australia.^[1] 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,^[2] faced the death penalty if convicted.^[3]

On February 13, 2006, Lawrence and Rush, the first of the nine to face sentencing, were sentenced to life imprisonment.^[4] The following day, Czugaj and Stephens were sentenced to life imprisonment,^[5] and group ringleaders, Chan and Sukumaran were sentenced to death via firing squad;^[6] 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 February 15, 2006.^[7][8]

On April 26, 2006, Lawrence, Nguyen, Chen, and Norman had their sentences reduced to 20-year sentences on appeal,^[9] while the life sentences for Czugaj and Stephens were upheld. Prosecutors launched appeals against the reductions in sentences.

On September 6, 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 had the death penalty imposed.^[10] 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. It is believed the cases were finalised in August 2006, but court officials in Bali have not yet received the results.^[10]

The life sentences for Martin Stephens and Michael Czugaj were upheld.^[11] Renae Lawrence had not lodged a further appeal to her 20-year sentence, so her sentence was not rejudged and stands at 20 years.^[9]  

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Pre-arrest history

Police are unclear how the two groups from Sydney and Brisbane are linked, however established movements of members of the group before their departure for Indonesia. Several of the Bali Nine were employed with 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 Ground where the group were employed.^[12]

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.^[13] 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". Several days later Rush returned to Sydney with friend Michael Czugaj where plans for the pairs travel to Indonesia was organised. Rush and Czugaj had never travelled abroad.

Lawrence had travelled to Bali on three occasions, first arriving on October 16, 2004, then on December 5, 2004 and again on April 6, 2005. Matthew Norman on December 5, 2004, January 19, 2005 and April 6, 2005; Myuran Sukumaran on October 4, 2004 and April 8, 2005; Andrew Chan on October 16, 2004 and April 6, 2005 and Thac Duc Thanh Nguyen on December 5, 2004 and April 8, 2005. Chen, Stephens, Czugaj and Rush were on their first trip abroad when arrested on April 17, 2005.

Arrests in Indonesia

Lawrence and Stephens arrived in Indonesia on April 6, followed by close school friends from Brisbane, Rush and Czugaj, arriving two days later on April 8. The group were introduced at the a hotel where Chan and Sukumaran were staying, having earlier arrived in Bali.^[14] During their stay police noted the group would spend a large amount of time indoors in their hotel rooms. The group met again on April 16 for what police allege was a final briefing, before meeting for their final time at the airport before their April 17 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.^[15] Likit was believed to have left Bali on April 18, 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 throughout Bali. ^[1]

  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 lb) of heroin.

On the same evening, Chan, the organiser of the plan, 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 ^[2].

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 oz) of heroin and strapping equipment. Police believe those arrested at Kuta were waiting for a second shipment of heroin to arrive before making their return to Sydney.

Pre-trial investigation

Indonesian law does not require that arrested people be immediately charged with an offense, and by April 22, 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 April 26, 2005, media speculation suggested that Sukumaran, not Chan, was the main organiser of the drug courier operation. 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 AUD$10,000 to AUD$15,000 each to carry out this task.

On April 27, 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.

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 April 24, 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."^[16]

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.

"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."^[17]

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,

"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."^[18]

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."^[19] "The Federal Police can do, go wherever they want, do anything, anytime without supervision from the Australian Attorney-General or from the Justice Minister," she said.^[20] "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."^[21]

The interview aired on ABC's Australian Story on February 13, 2006. Mike Phelan of the Australian Federal Police agreed to appear on the program to respond to the Rush family's criticisms. Phelan said during the program, "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",^[22] 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".^[18]

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."^[23]

Federal Justice Minister, Senator Chris Ellison, 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."^[24]

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.^[25] Philip Ruddock 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."^[26]

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, Network Ten was awarded Melbourne Press Club's 2005 Gold Quill Award for its coverage of the arrests of the Bali Nine.^[27]

Criminal trials

Criminal trials for the accused commenced in the Denpasar District Court on October 11, 2005. The three 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 Howard 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."^[28]

On December 6, 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.^[29] On December 7, 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."^[30]

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 February 23, 2006, before a legal deadline for the group's detainment expired.^[31]

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 threated 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."^[32]

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."^[4]

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."^[33]

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 January 24, 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.^[34] On January 26, it was also recommended that Andrew Chan receive the death penalty.^[35]

On February 14, 2006, after learning of his fate, Sukumaran attacked photographers and threw water bottles at protesters and onlookers gathered outside the court building.^[36]

After news of the death penalty, John Howard was quoted as saying,^[5]

"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."^[37]

Summary of sentences

Appeals

There were several avenues of appeal available to the Bali Nine. Lawyers had seven days post sentencing to lodge appeals. 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 have indicated they would be appealing their sentences,^[38] except Scott Rush, who decided to seek clemency rather than follow the appeals process. Five of the nine convicted had their sentences reduced from life imprisonment to a 20-year sentence upon appeal.

Related arrests

On April 27, 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 Nepalese origin, was killed when police stormed his Jakarta home.^[39] Australian Federal Police Commissioner, Mick Keelty said Ghale was "directly linked" to the Bali Nine.^[40]

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 February 12, 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.^[41] Lee was charged with drug trafficking and importation offences and appeared in the Brisbane Magistrates Court on February 13, 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 April 3, 2006.^[42] Keelty told a Senate estimates committee hearing that more arrests were expected.^[43]

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 Scott Rush pleaded guilty at the Inala 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 AUD$4796.95 stolen from the Commonwealth Bank using a forged cheque.^[44] Czugaj, also of Brisbane, has 14 convictions for offences including theft, wilful damage, traffic offences and fare evasion.^[45]

Lawrence and Norman were arrested on March 26, 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 April 26, 2005, they failed to appear due to their imprisonment in Indonesia a week earlier on April 17, 2005.^[46]

Lawrence also admitted, after her arrest in Indonesia on April 17, 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.^[47] Lawrence provided a statement to police saying she was paid AUD$10,000 for the successful heroin delivery, however later retracted her statement.^[48]

References

• The Age's report on the Bali Nine story
• Bali 9 Supporters Forum