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Indonesia, Bali - Boy and family weep at sentence request - with Video, see link

  1. YIPMAN
    An Australian boy and his family are devastated and in shock after prosecutors demanded the 14-year-old, allegedly caught in Bali last month with a small amount of marijuana, serve a three-month jail term.

    The sentence, which was approved by the attorney-general's department in Jakarta, would take into account time already served since the teenager's arrest near Kuta Beach on October 4.

    If it is accepted by the judge, the schoolboy, from Morisset Park near Newcastle, will spend Christmas incarcerated in Bali.

    The judge, Amser Simanjuntak, confirmed the sentence request to AAP as he emerged from the hearing at the Denpasar District Court on Friday but refused to offer any indication of his verdict, which he said would be delivered on November 25.

    Under Indonesian law, however, the judge has the power to reject the request tendered by prosecutors.

    But he can also impose a tougher penalty.

    It comes as a heavy blow to the boy's legal team, which even on Friday morning was optimistic prosecutors would seek a more lenient option and ask that the boy be ordered to undertake rehabilitation.

    The development also presents an uncomfortable issue for Prime Minister Julia Gillard to deal with when she arrives in Bali next week for the East Asia Summit and a bilateral meeting with Indonesian President Susilo Bambang Yudhoyono.

    The teenager and his parents wept as the female deputy prosecutor, Srigati, read out the sentence request in a makeshift courtroom on the second floor of the administration wing of the court compound.

    "All shocked today. The family, the lawyers, the child protection (agency). All shocked today," the boy's lawyer Mohammad Rifan said after the hearing.

    Mr Rifan had asked that the boy be dealt with under article 128 of Indonesia's narcotics laws, reserved for long-term drug users, which would have allowed him to escape a criminal conviction and instead enter into rehabilitation and possibly return to Australia immediately after the trial.

    The chief prosecutor, I Gusti Gede Putu Atmaja, denied that speculation earlier this week that the boy's family had signed a media deal worth $350,000 to tell their story had affected the sentence request.

    "No. We are not affected by such things. That's their business," he told AAP.

    The speculation about the deal had prompted criticism in Australia and Indonesia and raised suggestions the teenager's chances of a lighter sentence would be damaged.

    But Mr Atmaja told AAP more than two weeks ago that the sentence request would be in terms of "months, not years", which would support his comments after the hearing on Friday.

    While prosecutors accepted that the boy should be considered an addict, they opted instead for article 127, which also relates to "drug use" but carries a maximum penalty of two years in prison for juveniles but no minimum term.

    As she read out the sentence request, Srigati also told the court Indonesia's tough anti-drugs stance must be respected, but that the boy's age was also taken into account as a leniency factor.

    The teenager, who was on holidays with his family when he was arrested, had also been indicted on a possession charge, which carries a maximum term of six years in prison for juveniles.

    He was allegedly caught with 3.6 grams of marijuana when police swooped on him and a 13-year-old friend outside a supermarket near Kuta Beach on October 4.

    The boy is expected to remain in custody at an immigration detention centre in Jimbaran, about an hour's drive from the court, until the verdict is delivered.

    It remains unclear where he will be held if the judge accepts the prosecution's request, but Mr Atmaja told AAP he could be sent to prison, which would probably mean a stint in Bali's Kerobokan jail.

    The news of the boy's bleak prospects broke just as Foreign Minister Kevin Rudd was sitting down to a meeting with his Indonesian counterpart Marty Natalegawa on the sidelines of the APEC summit in Hawaii.

    Mr Rudd later told reporters Dr Natalegawa had raised the case with him but would not go into the specifics of the sentence request.

    "I would prefer not to provide public comment on a court case which is still under way," Mr Rudd said.

    http://www.drugs-forum.com/forum/attachment.php?attachmentid=23064&d=1321020195
    News Video and article, see link
    http://au.news.yahoo.com/thewest/a/-/world/11567215/boy-and-family-weep-at-sentence-request/


    By Karlis Salna, AAP South-East Asia Correspondent, AAP
    Updated November 11, 2011, 3:11 pm
    Source: The West Australian

Comments

  1. Balzafire
    Signing that $350,000.00 media deal dropped a turd on the table. What did they expect? Bali sure as hell can't let this family to be seen as profiting from breaking their laws.
    Dumb-asses.
  2. YIPMAN
    Bali boy back home in undercover operation

    [IMGR=white]http://www.drugs-forum.com/forum/attachment.php?attachmentid=23420&stc=1&d=1323112945[/IMGR]IT WAS a journey of epic proportions for the 14-year-old Australian known as the Bali Boy.

    Escaping a harsher sentence for being caught buying 3.6 grams of marijuana in Kuta almost seemed like the easy part yesterday as his family attempted to avoid the cameras during a meticulously planned dash from Denpasar airport to their Morisset Park home, near Newcastle.

    Pacific Blue flight 4146 touched down in Sydney at 9.53am ending a two-month ordeal in detention, but the boy did not leave the airport for several hours.

    Passengers on the flight said he was surrounded by police officers as he was ushered through customs to a side area.

    Hours later he was secretly taken through a private airport exit, escorted by Australian Federal Police as requested by the Department of Foreign Affairs, and driven to his home where hessian sheets were hung to thwart photographers.

    The family ran to a back entrance from some adjacent bushes with the boy hiding his face behind a balaclava and a pillow.

    ''Obviously they don't want to speak to the media,'' said Grant Vandenberg, the celebrity agent who reportedly brokered a $300,000 media deal for the family that was allegedly aborted after it angered the Indonesian authorities.

    But speculation of a deal was still rife.

    The celebrity agent Max Markson said he believed the family had a deal with Channel Nine and its magazines but they ''haven't signed the contract''.

    ''You'll see it in 60 Minutes, you'll read about it in Woman's Day or Women's Weekly or both,'' he told the ABC.

    Channel Nine ''categorically'' denied any deal despite the presence of 60 Minutes journalist Allison Langdon in Bali.

    ''People can speculate all they like,'' said a spokesman, David Hurley. ''The answer was no, is no and will be no.''

    Proceeds from any deal can only be confiscated under the Proceeds of Crime Act if the offence committed overseas is also an offence against Australian law punishable by a minimum of 12 months' jail.

    In NSW, punishment for possession of marijuana ranges from a caution notice to two years' imprisonment; however, a court has discretion in applying the act.

    Natalie Skead, an associate professor of law from the University of Western Australia, said the Director of Public Prosecutions had shown a trend towards beginning litigation.

    Rachel Olding
    December 6, 2011


    http://www.smh.com.au/national/bali-boy-back-home-in-undercover-operation-20111205-1ofje.html
    ~
    Source Link 1st image: http://www.dailytelegraph.com.au/ne...e-from-bali-jail/story-e6freuy9-1226214016919
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