My defense team??!! What are you smoking?!


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Posted by - ® Mark (Admin) on May 30, 2005 at 2:59 pm:

In Reply to: Fair justice posted by Phoebe on May 29, 2005 at 7:25 pm:

I can assure you the Lubis sisters are not my defense team and never will be. And I never said the police or judges were corrupt in this case. I have said that the Indonesian police and judiciary are widely recognized as being one of the most corrupt in the world. Which means due procedure in such cases has more need to be followed in Indo to avoid any possibility corruption is a factor. I have also pointed out that the police / customs officers destroyed any fingerprint evidence, probably through bad training / general incompetence and that IMHO the trial should not have gone ahead because of this. I have also pointed out that the judges said the defense team had not proven Corby's innocence. If the law is "innocent until proven guilty", that IMHO = a mistrial on the basis the judge was trying Corby on the basis of her being guilty until proven innocent.

As for the rest, I agree Corby's defense team were clearly not qualified or anywhere near able for the task. I know for a fact they do not even understand certain basic Indonesian criminal law. They are like most Balinese lawyers, mediators. Totally unsuitable as trial lawyers.

I understand law well enough. And almost every law court I have been in and know about works on the basis of burden of proof. But it also works on the basis that criminal law judges have a legal duty to lend balance to a one sided lawyer advantage. So when the prosecution said "Here is the bag of drugs belonging to Corby your honour", the judge (given the public nature of the concerns regarding this case) should have said "What proof do you have Corby knew there were drugs inside?". Especially as the departing airport authority in Aus had stated in writing her bag passed stringent drug sniffer equipment tests when it was checked in. End of story. No fingerprints because the keystone kops passed it around the office to each other to look at it and go "Wow, looks like talcum powder to me!". No evidence. No case. End of story.

I believe she has been denied justice. As for Indonesian justice not being what we are used to, BS, give me a break. Indonesian justice should be what is written in law. Not what officers and judges interpret it to be for whatever reason. Indonesia needs to tidy up their act regarding their police, etc. before they start putting people in the slammer. Sentencing someone to 20 years in jail based on compromised evidence and questionable motivations is an insult to everyone, and a nasty illegal act IMHO to Corby. I have said Corby is likely to be guilty, but she is legally entitled to a fair trial and from what is reported did not receive one. The Balinese customs and police officers f’d up, so they should take the heat, not Corby.

As for other countries locking up innocent people. First, I dislike people like you that justify wrong in one matter by citing wrong elsewhere. Second Corby has been in jail (and what a jail) for a long time already, and the appeal process means she is there for a while (elsewhere in the world you can get judgments overturned much faster).

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