the schapelle corby files

The Schapelle Corby Files

Parliamentary Debates & File's on Record



Open your mind read the files and you will see the injustice done to Schapelle Corby & her family.

These files point to a Howard Government being more concerned about its diplomatic tie's with Indonesia, and their then coming election and the inadequacy of Airport Security at Australian Airport's.

Files reveal how Australian Airport's & Airline operators were more concerned about costs, their brand image, and shareholders than that of a young women locked up for life in an Indonesian jail.

Schapelle Corby as suffered the same fate as Lindy Chamberlain "Trial by Media" the media demonized Lindy and her family as they thought it was not possible a dingo could have taken her baby. How wrong they were as years later Lindy Chamberlain was cleared.

Jurors wrote to Lindy personally to say how sorry they were for getting it so wrong.

The Corby family are suffering the same Media dehumanization along with unguarded comments made by politicians who one would think should have known better. Comments that filtered back to prosecutors in Indonesia. Did these comment's influence the outcome of the trial.

Read the files make up your own mind.

" If you don't want this to happen to you take a stand call your local member - God knows how many people are in foreign jails being wrongfully convicted. Do not allow these cover ups to continue.

Story of interest - The Merauke Five? (Why the Merauke Five feel betrayed by Australia)

Is it possible to have drugs planted on unsuspecting airline travelers or tourists? "YES" and these files prove that it is not only possible but that it has happened to others. And it could happen to you.

Complied by Diane Frola

Introduction



October 7th 2004Schapelle is packing to go to Bali to celebrate Sister Mercedes birthday; her father Michael is present as she packs. A plastic strip is missing from the boogie board and Michael fixes the strip, and is present when the boogie board goes into the bag. Michael Corby states ‘She didn't have the bloody things’ (drugs).Schapelle leaves for mother Ros’ house picking up Richards on the way. The four traveling companions Katrina Richards, Ally McComb, James (Schapelles brother) stay the night at Ros’ so she can drive them to the airport.

October 8thApproximately 4.30amThe travelers wake, in the garage as they are about to leave Ally gave Schapelle a pair of flippers she had borrowed, McCombs, Richards and James all gave testimony that they seen Schapelle open the Boogie board bag and place the flippers inside. They all stated that the garage was brightly lit and the Yellow boogie board was the only item in the bag.

5.33 amClosed circuit cameras observe Schapelle and her female companions checked in their luggage 3 suitcases and the boogie board bag at Brisbane airport. All the bags are weighed together and total 65 kgs. (This is crucial to the case, but Bali customs and police ignored this). Images recorded on the camera were deleted 25 days later, and the cameras were not working properly.

6.00amFlight leaves for Sydney.7.30amArrive at Sydney airport, change to International terminal where the group meets up with friend JodiePowers who is catching a later flight to Bali to celebrate Mercedes Birthday.

9.30amGroup leaves Sydney International airport for Bali, Schapelle tells Jodie they will see her at the pool at 5pm in Bali for a drink.

Event Timeline



2.30pm Bali time (4.30 EST)Plane arrives at Ngurah Rai Airport, Denpasar. The boogie bag is set aside from the other bags, which are on the carousel and as Schapelle is struggling with luggage, Ally asked James is asked to assist with the bags. James a weight lifter and rugby player claims he did not notice anything about the bag as he was just glad the plane hadn’t crashed.Most people were getting their luggage checked. The customs officer asked James if it was his Boogie board, James said yes, but Schapelle said ‘No It’s mine’.

Schapelle placed the boogie board bag on the counter and opened the zip. She noticed that the zip was done up in the middle of the bag, which she thought was strange as she always did the zip up to one side. Upon opening the bag Schapelle instantly seen something in the bag.Inside the bag on top of the yellow boogie bag and under the flippers was 4.1 kilograms marijuana in two plastic bags, one inside the other, the size of a pillow case. The outer bag was a vacuum space bag.

James was taken to an interview room while Schapelle waited outside. James was ordered to remove the contents of the bag. Schapelle was bought into the room where the contents of the bag were on the floor, she was shocked. Schapelle admitted owning the bag, the boogie board and the flippers.

She insisted she had no idea who owned the drugs and were they came from McComb was allowed to join them about 30 minutes later and was also shocked at what she seen in the interview room.Katrina Rich-ards called Mercedes, who spoke to a police officer.

Mercedes then went to the airport, where custom officers were trying to get Schapelle to sign a statement. Mercedes warned her not to sign anything. Mercedes, Schapelle and McComb were insisting that custom officer’s stop handling the bag and take fingerprints.

The officers said it was too late as it had been contaminated, the officials laughed at Mercedes. Two hours after Corby was detained, customs were aware that there were four baggage tags in her name. The bags were only a few metres away, with Katrina Ricards, who was anxiously guarding them. No attempt was made to search or weigh the bags, even though Corby demanded it. Later, when Corby had lawyers, it was too late. The bags had left the airport.James and Schapelle were taken to a police cell were they were given fish and rice to eat, they were told to go to sleep.

Event Timeline


ABC Interview “Sunday Profile”

Hon. Alexander John Downer

Interview - Downer, Mercedes Corby and Ron Bakir

Schapelle CorbyFLASH BACK - Sunday, 13th March 2005

This week three people with a critical role to play in determining the fate of Schepelle Corby, - Foreign Minister Alexander Downer, sister Mercedes Corby and businessman Ron Bakir who is paying for the recently hired Australian lawyer .What evidence do they need, how are the family coping and what if anything can the government do to help.

Monica Attard

Hello, Monica Attard here and you’re listening to Sunday Profile. Tonight the trial of Schapelle Corby, the 27-year-old Australian who’s facing the death penalty in Indonesia for allegedly smuggling 4.20 kilograms of Marijuana into Bali.

Mercedes Corby had no idea what hell the next five months would hold for her and her family when she received a phone call last October to say her sister was being questioned by Indonesian customs. Schapelle Corby arrived in Bali on a holiday. She checked in her luggage including a boogie board bag to Brisbane International Airport and she says that the first she knew of the 4 kilograms of Marijuana was when she went to collect her luggage at Denpasar Airport. Customs officers opened the boogie board bag and there were the drugs. But getting evidence to prove her story, that she hadn’t placed the drugs in her bag has been a trial in itself. The CCTV film of her checking in her luggage is nowhere to be found. Then there’s the question of the Australian Federal Police were asked or offered to test the Marijuana to find out whether it was in fact grown in Australia or was Indonesian grown. Well now all attention is focused on the baggage handler at Brisbane airport, who was he or she and what did they see.






First tonight to Mercedes’ sister Corby who sees her sister daily Bali prison, what happened the night her sister was arrested?

Mercedes Corby

Yes, really different. I’ve seen a different side of Bali that I didn’t think was there.

Monica: What do you mean by that?

Just things that, you know I love Bali but just, usually people don’t have to deal with someone being in jail.

Monica: Can you tell us about the night that Schapelle was arrested?

Just, you know, I got the call from Katrina and I first thought she was joking and then she put a policeman onto me and then when I actually got to customs they were all in a room and there was just customs officers everywhere and when I’ve seen the stuff in the middle of the room it was a shock, like my legs collapsed and a lot of it’s still a bit of a blur but it’s still really scary.






Monica: And what was Schapelle’s demeanour then, how was she?

Mercedes Corby

She was in shock, she was just there with her head in her hands and, yes…shock.

Monica: And so what was your involvement at that point? What were you saying, what were you doing?

I was asking a lot of questions with the police and I was asking while they were all touching her to take fingerprints. They were asking her to sign forms, statements and I said, “No, don’t sign them”. Then when we finally left I got a hold of the Australian consulate and got an English speaking lawyer for her.

Monica: And when you contacted the Australian consular officials what was their reaction?

I can’t remember. It was like 11.30 at night and I just told them what happened. I think I did most of the talking. I don’t think they really spoke much and then they rang me back with the names and phone numbers of some English speaking lawyers and then the next morning the at the police station the consulate was there.






Monica: Did you think at that time that your sister would still be in jail, 5 months later facing the death penalty?

Mercedes Corby

No, I don’t know. I didn’t really think at that time, it was just panic and shock that…no, I didn’t think it would be like this.

Monica: Did you think there was a possibility that this claim could be true?

No, never.

Monica: Are you scared for Schapelle now?

Yes, I’m really scared but I just don’t think about the bad things I just think, try and think positive. That’s all we can do.






Monica: How often do you see her?

Everyday. Sometimes I don’t see her Saturday/Sundays because there’s no visiting. Occasionally they’ll let her visit, but everyday during the week, sometimes twice.

Monica: And have you seen any change in her in the time that she’s been in jail?

Yeah she’s trying stronger than I ever thought she was. She’s really strong but then I don’t know what she’s like when she goes back to her room by herself but in front of us she’s strong.

Monica: Does she tell you much about how she is living there?

Yes, she tells us a bit but I don’t think she, she doesn’t go into full detail because she doesn’t want us to worry anymore than we already are.






Monica: Is she satisfied that she’s getting the help that she needs, legally from the Australian government?

Legally yes. We know our lawyers are doing all they can and now that we’ve also got help from Mr Ronan and Robyn the lawyer in Australia, yes, we’re feeling good.

Monica: And she’s happy with the help she’s getting from the Australian government?

Well, yes when she gets it I suppose. I think she’s happy that she knows that she might get some help.

Monica: What do you mean?

Well, what help have they given so far?






Monica: So she doesn’t think they have helped her?

She hasn’t really said anything, she doesn’t know that, I’m just asking, “What help have they already given her?”

Monica: What do you think; do you think they’ve given her any help?

The consulate has made sure that she’s in good health and come and visit her but so far, they will I’m sure. They’ve just been watching and they’ll step in when the time is right because they can’t just come in, it’s an Indonesian court system. They can’t just come in and start overtaking it. I think they’ve just got to watch and make sure things are going the way it’s meant to.

Monica: What do you talk about when you visit Schapelle?

Just, what I’m doing, the kids, food, sometimes a bit about the case…just who I’ve had to see and maybe talk about the court and just normal things that everybody talks about. We never talk about the, I don’t even want to say the word, what penalties they want to give her and stuff. We don’t talk about that.






Monica: You don’t talk about that at all?

No

Monica: Because you’re confident that she’ll walk free?

I hope so, but why talk about it? Just, we’ve got to stay positive and if we talk about it, it will just bring us down and we can’t. We have to stay strong.

Monica: So how is the rest of the family coping?

Dad’s probably taking it the hardest, the rest of us just…I don’t know. I don’t know what the word is.






Monica: Can you tell us you know, what you will be telling the court in detail?

I don’t’ know what they’re going to ask me but the main thing is just going to be that I asked them to check the fingerprints and tell them to stop touching the bag and that’s really it. I don’t have too much to say really. I think the witnesses last week were the most important and if we can get people from the airport, Brisbane Airport.

Monica: So Mercedes will you stay now in Bali until this is all over?

Yes, I’ll stay here.

Monica: Okay. Mercedes I thank you very very much for your time.

Okay, thank you.






Monica: And what you saw?

Yes.

Monica: And what you were told?

Yes.

Monica: And what you said?

Yes.






Monica: Is she satisfied that she’s getting the help that she needs, legally from the Australian government?

Legally yes. We know our lawyers are doing all they can and now that we’ve also got help from Mr Ronan and Robyn the lawyer in Australia, yes, we’re feeling good.

Monica: And she’s happy with the help she’s getting from the Australian government?

Well, yes when she gets it I suppose. I think she’s happy that she knows that she might get some help.

Monica: What do you mean?

Well, what help have they given so far?






Monica: You’re just coping?

Yes.

Monica: Now you’re giving evidence in court next week is that right?

Yes, as far as I know, yes.

Monica: And that will be about the night that you were called to the airport?

Yes.






Monica: And what you saw?

Yes.

Monica: And what you were told?

Yes.

Monica: And what you said?

Yes.






Monica: Can you tell us you know, what you will be telling the court in detail?

I don’t’ know what they’re going to ask me but the main thing is just going to be that I asked them to check the fingerprints and tell them to stop touching the bag and that’s really it. I don’t have too much to say really. I think the witnesses last week were the most important and if we can get people from the airport, Brisbane Airport.

Monica: So Mercedes will you stay now in Bali until this is all over?

Yes, I’ll stay here.

Monica: Okay. Mercedes I thank you very very much for your time.

Okay, thank you.






Monica: Mercedes Corby, Schapelle Corby’s sister. Well, Ron Bakir is a Gold Coast mobile phone entrepreneur who’s decided to bank roll the Corby case but why did he want to get involved to begin with?

Ron Bakir

This whole case does not make sense to me from the start to the finish. All I want to do is ensure that Michelle Corby gets given a fair trial, that all the evidence be put before the court to ensure that she gets a fair trial.

Monica: But why did you feel the need to get involved?

Monica: It must be costing you a fortune.

Yes, I guess but it’s not an issue of money because money can be spent and, but money goes and money comes but when Schapelle Corby’s life goes you can never get it back.

Because nobody else was, the Australian government definitely were not. Indonesian lawyers have been trying to get certain information from the Australian government for the past five months, since the eighth of October, the day she was arrested and they’ve been getting absolutely nothing.






Monica: Why have you requested the involvement of Australian lawyers when she actually has lawyers acting for her in Indonesia?

Sure, that’s a very good question and the reason for that is the Indonesian lawyers can only do so much, being so far. They need information from Australian lawyers because all of the information took place in Australia. From the moment she walked into Brisbane airport to the moment she handed in her

baggage at the Carousel to the moment she walked over her oversized baggage to the oversized counter and through the Sydney terminal until she got to Bali. All of that process, all of those information need to be supplied.

Monica: Can you clear up a few issues for us or help us to clear them up in our own heads at least? There has been some dispute as to the CCTV evidence, the tapes. Some people say that the cameras weren’t working in Brisbane International Airport that day, others say that the evidence, the tapes were working but that the…they were destroyed within hours, others say that they were destroyed within five days, others believe that they lasted 25 days. Do you know?

The Australian government were notified that Schapelle Corby was arrested on the eighth of October. The Australian government and the Australian officials, everyone to do with the security surveillance equipment, everyone to do with the baggage handling and all of that were notified on the ninth of

October of her arrest and were notified that certain information like what you just said, the CCTV cameras need to be secured.






Like baggage screening devices need to be secured. Now, that has not been done. We get many different responses as you just said, the correct answer is yet to come out but all we do know is that that information is not available. Now, had that information been available Schapelle Corby wouldn’t be sitting in a Bali cell today.

Monica: Let’s assume that those, that evidence is not going to be available to her defence lawyers. There’s the issue also of the Australian Federal Police, they’re examination or their desire to examine the Marijuana for its origin, their desire to look at the bags to fingerprint them adequately. Now that hasn’t happened. Is that a very major blow to her case?

That is detrimental to her case. Look what would have saved Schapelle Corby’s life would have been this: The TV scan images, when you scan your bag.

Monica What would they have shown?

That would have shown that when she checked in there A) There was no CannabisB) It was impossible for somebody to miss 4 ½ kilos of Cannabis. When you walk through any international terminal even if you’re trying carry scissors, small scissors, they see it. How can they not see 4 ½ kilos of cannabis?






Monica: Because it’s metal, one’s metal, one’s not.

But you can see it on the screen. You can see anything; you can see paper on the screen.

Monica: And the AFP examination?

The Australian Federal Police say we have requested from the Indonesian authorities and the Indonesian government so we’ve had no request from the Indonesian government and we’ve had no request from the AFP. We said, “Righto, if you’ve made that request, why don’t you give us the request document? You must have sent them a letter and they must have denied it in writing. Why don’t you give us this correspondence?”

Monica: So you don’t believe the AFP?






The way I’ll answer that is this. I need to see and so do the lawyers, need to see the correspondence between both parties so they can go to the courts and say, “These are the correspondence, the Indonesian authorities are denying that the Australian government test this product.” To date we haven’t

got that information.

Monica: Then there’s the issue of the baggage handler at Brisbane International Airport. You met with the Foreign Minister, Mr Alexander Downer last week, you asked him to take some action with Qantas so that Qantas would provide you with the name of the baggage handler, has that happened?

Yes, that has happened. We’ve spoken to Qantas on numerous occasions, Qantas is being very helpful in producing that, those documentation and the name of the baggage handler but we’re yet to see it. And, I need to stress the importance of this: every-body involved in this, Qantas, Alexander Downer and the

government need to understand that Schapelle Corby does not have weeks, she does not have days, we are working with hours and if this is not produced within hours, it’s going to be to the detriment of Schapelle Corby’s life.

Monica: What do you hope that the baggage handler is going to tell you?






That I won’t disclose.

But are you hoping that he will say that he checked inside the bag or…

I cannot answer that question.

Monica: You believe that perhaps he or she may have been involved in it?

I cannot answer that question.






Monica: Do you believe that that person may have seen somebody else tampering with the baggage?

That question I cannot answer as well.

Monica: But you believe that you will get that name and get it soon and that you’ll be able to speak to that person.

According to Qantas, yes.

Will her lawyers seek to subpoena him to Bali?






Her lawyers will be seeking to ask him to attend Bali to give evidence. I just hope that the gentleman that comes forward after we speak to him does go and give evidence of his own free will.

Monica: How confident are you, at the end f the day that Schapelle Corby will walk free?

It’s all a matter of all of the evidence that’s been produces will determine the outcome at the end of the day and I just hope that the CCTV Cameras do end up working and do end up being provided.

Monica: Ron Bakir, a Gold Coast businessman helping out the Corby family.

Well the Foreign Minister, Alexander Downer says the government is doing all it can to help Schapelle Corby but it is not her defence team and ultimately her fate lies in the hands of the Indonesian judicial system. Mr Downer has inter-vened to persuade Qantas to cooperate with Corby’s lawyers for potential vital information, particularly in relation to the Brisbane Airport baggage handler who checked in Schapelle Corby’s luggage …..but in reality what can the Australian government do to help Schapelle Corby whose case is back in court this week?






Well, there are two things. First of all we can provide consular assistance, which we’ve been doing, that’s assistance to her in the prison she’s being held in Bali, but secondly, we can help the defence obtain information. Now that’s not very easy to do because a lot of the information that they would like, which they think would be truly effective is not available. For example, I met with Schapelle Corby’s lawyers earlier this week and we

talked through the sorts of evidence they are trying to obtain and look, I me and my office will do what it can to try to help them, for example, talk to Qantas and the like.

Monica: Can we talk a little bit about those evidentiary issues because they seem to be pretty important, in fact her only chance seems to lie with finding some evidence, visual or by weight, the marijuana was not in her boogie bag when she left Brisbane international airport. Now Qantas says that the evidence, the CCTV tapes have been wiped and that they are in fact wiped within hours of being taken. Do you know for a fact that those particular tapes were wiped within hours?

Look, I mean, personally obviously I had nothing to do with it but as I understand it the, that is the normal practice, yes.

Monica: And those particular tapes were wiped?






As far as I know, yes. Of course, you don’t know whether the tapes would be of any use in any case.

Monica: Because there was as report in a newspaper recently that those tapes were still in existence 25 days after she was arrested.

Yes, that I don’t honestly know. I can just tell you what I’ve been told. I mean, obviously I’m not the Minister for the tapes.

Monica: But there also seems to be dispute over whether or not the cameras were working but presumably if you’ve been in contact with the airport authorities…have you been in contact with the airport authorities?

Well my department has, yes.






Monica: So can we get back to the issue of how fast these tapes appear to have been wiped, I mean within hours? It seems extraordinary really. Is that something that bothers you?

Well I don’t know enough about it to be honest; it doesn’t fall within my portfolio.

Monica: But in relation to, I imagine the broader issue as well or am I wrong in that? To determine perhaps a new regime, a new way of looking at security?

No, we don’t have any particular problems with the security at the airports but you know, that obviously is handled by the Department of Transport and Regional Development in consultation with some of our security services. As far as the certain assistance as the Foreign Minister I can provide, then where the defence are having difficulty in obtaining information or in particular sitting down and talking to

particular potential witnesses, I have offered to intervene and have been able to intervene, particularly in relation to Qantas.

Monica: Can you tell us a little bit about that?






Well, it’s really a matter for the defence. They’ve come to see me. I’ve heard them out. There are bits and pieces of information they would like, I’ve ensured that contact is made including with Qantas to try to get information and as far as I know they are responding pretty positively at this stage.

Monica: And are they prepared to say who the baggage handler was at Brisbane International Airport?

Well you wouldn’t say who these people were publicly but Qantas are getting into discussions now as a result of my intervention with the defence lawyers about that matter.

Monica: So, it’s basically up to the person involved to say whether or not he or she wishes to be identified?

That really is something that Qantas and the lawyers, the defence lawyers are going to sort out themselves.






Monica: So you’re happy that Qantas are being cooperative?

From what I’ve heard so far, they have been cooperative, yes. They’ve been more cooperative since we’ve spoken to them this week.

Monica: Because I imagine they feel a fair degree of sensitivity on this issue, not only because a women’s life is on the line but also because presumably it’s fairly important to get these issues sorted out, particularly in light of the fight against terror which your government is backing. I mean, are you worried in light of this case that someone could, you know start out form Australia to carry out a terrorist attack somewhere with equipment that manages to escape detection here and yet within a very short period of time all evidence of whatever they might have taken out is destroyed.

No, not really. I mean of course, in terms of identifying material being moved out of Australia as distinct from moved into Australia what the authorities look for are bombs and explosives that might kill people on an aeroplane. In particular on an aeroplane that could be used of course at a destination they don’t have a detection system, I don’t know if such a detection system even exists that can just through X-Ray detect

drugs. I don’t think there is such a system.






Monica: But, you know tapes; camera tapes would be able to tape people who were fiddling with luggage, for example.

Yes, this is…you’re getting back to the tapes again, yes. Well, I suppose that’s right.

Monica: It seems fairly critical, does it not?

You think, you think if you were a drug trafficker you would be I wouldn’t have thought if you were a drug trafficker. I mean, this is just a hypothesis on my part but I wouldn’t have thought you’d be loading drugs into someone else’s bag in front of a camera.

Monica: No, but I guess if drugs are found to have been placed in that bag, at this end it doesn’t say all that much about baggage checking procedures, does it?

Ah, but you’re making an assumption that that’s what happened. We don’t know if that is what happened, they could have been placed in the bag, perhaps when they arrived in Indonesia.






Monica: Does this case throw up any issues for government to look at more closely, for you to look at in consultation with the Transport Minister? I mean, what about for example, you know legislating that there are inspections of bags and cars to check what staff who work in aviation security are bringing in and out?

Hey, well.

Monica: I mean, have those discussions taken place at a government level?

Sure, they have. We in the Australian government operate on the basis of what is practical, not on what is impractical. There are millions and millions of pieces of baggage that pass through Australian airports every year. If you started a system of inspecting every single one, including for things like drugs, it would create a complete shambles. Of course, in recent times as a result of terrorism there’s been a substantial enhancement of

the capacity to inspect baggage coming and out of Australia.

Monica: But there have also been cases where baggage handlers at Sydney airport have been arrested for innocent human mules to carry drugs aboard for them.






Yes, I mean, I don’t know about that. You’d have to talk to the police.

Monica: Well as the Foreign Minster if Qantas are playing ball and they do tell the defence who the baggage handler was, is there anything that you can do to help ease the issues concerning subpoenaing him to appear in the Corby case in Bali?

Monica: And of course five months later even harder to remember no doubt.

Well, you know let’s not run ahead of ourselves here, I’m not setting myself up for the defence lawyer for Schapelle Corby. She has her own defence lawyers but I think the main thing is for them to be able to talk to Qantas about what actually happened on the day with the luggage and see whether the baggage handler or the relevant baggage handlers have any useful information to impart or whether they don’t. It’s possible

but it’s probably unlikely because I would imagine they check-in, even on that one day they check in hundreds if not thousands of pieces of baggage, whether they’d remember one boogie board bag? Hard to know.






Yes, of course.

Monica: And is that something that bothers you as well? The fact that her lawyers and the businessmen backing her case in Queensland claim that she’s basically being cut loose, that the government didn’t act fast enough, they should have jumped on it faster.

Monica: But she’s facing the death penalty and five days after her arrest they asked for the film.

Well, I’m not exactly sure what the government was supposed to have done. I mean, I, can I just say, with the greatest of respect for people who are campaigning for Schapelle Corby, I do respect them and I understand their concerns. We have a lot of Australians who are in prison and in difficulties overseas. We’re dealing with them everyday and in her particular case where there’s information that is available, obviously that will be

provided to the defence lawyers, but where information is not available, there’s nothing that can be done. I mean you can get into a slanging match with the relevant Ministers about whether this tape should have been kept for a longer period or whether some baggage should have been inspected in a particular way and it wasn’t. And, of course you know if you came up with a silver bullet for her defence you’d use it…






Well you just be, just be…yes well apparently it was wiped within hours or in a very short period of time but just a sec. Let us not hyperventilate over this, the absolute maximum penalty is death. It is not to say that she is certainly going to get the death penalty.

Monica: Whatever she gets, she’s likely to be in jail, is that correct? If she’s convicted.

Monica: Did it bother you when you heard the evidence that the Indonesian police had refused the assistance of the Australian Federal Police in testing the drugs and in fingerprinting the bag?

Well, I mean if she’s convicted. Let’s not assume she’s going to be convicted.

I wasn’t exactly surprised but I mean we obviously made that request and that request was rejected. This is in Indonesia, this wasn’t in Australia and it’s their sovereign right to make those decisions.






Monica: Were you unhappy with that decision?

Monica: Would you be prepared to approach the Indonesian Foreign Minister on this issue, your counterpart over there since he…?

We made a request so obviously, so ipso facto that was what I wanted.

I’ve discussed the case with the Foreign Minister, I’m not going into the details of that but I have mentioned it to him.

Monica: And was he understanding?






Monica: Were you unhappy with that decision?

Monica: And you’re satisfied with that or did that displease you?

“Well, It’s a matter for the courts” is of course going to be his response and it was.

Well I mean look, come one. You cannot expect the Indonesian Foreign Minister to ring up the judge and tell the judge to acquit someone. No country is going to run on that basis, that would be an outrage.

Monica: And that was the Foreign Minister, Alexander Downer ending Sunday Profile for this week. Thanks to Jennifer Feller, the producer and Dan Driscoll, the technical producer. Send us an e-mail if you want to and if you can. Just go to abc.net.au/sundayprofile and click on the guest book icon. Stay with us now for Speaking Out. I’m Monica Attard, talk to you next week.


HOUSE OF REPRESENTATIVES 177

Mr MurphyQUESTIONS IN WRITING

Schapelle Corby FLASH BACK - Monday 14th March 2005

Member for Lowe (NSW)Australian Labor Party

Ministerial AppointmentsParliamentary Secretary to the Minister for Trade from 3.12.07 to 25.2.09.

(Question No. 560) Mr Murphy asked the Minister for Foreign Affairs, in writing, on 10 February 2005:

(1) Has he read the article titled ‘Protesting her innocence’ in The Australian on 28 January 2005 which reported that an Australian citizen, Ms Schapelle Corby, who is in custody and accused of drug smuggling by Indonesian police, is adamant that scientific investigation important to her case has not occurred.

(2) Can he confirm that Ms Corby could be sentenced to death if found guilty; if not, why not.

(3) Can he confirm that (a) no scientific tests have been done by Bali police, even though Ms Corby’s defence lawyers believe they could produce evidence to support her claim that an unknown person put the marijuana in her luggage, and (b) fingerprints have not been taken from the plastic bags containing the marijuana despite repeated requests from Ms Corby’s defence; if not, why not.

(4) Can he confirm that the Australian Federal Police has offered to conduct an in-depth forensic analysis of the drugs and the plastic bags but the offer has been refused by the Indonesian Police; if not, why not.

(5) What assistance has the Australian Government provided Ms Corby.

(6) Will he make representations to the Indonesian Government in order to (a) arrange bail for Ms Corby and (b) ensure that Ms Corby’s defence is able to present all relevant evidence for her defence; if so, when; if not, why not.



Hon. Alexander John Downer (Answer to the above questions Mr Murphy questions)

Mr Downer—The answer to the honourable member’s question is as follows:

(1) Yes.

(2) Yes.

(3) The investigation of the evidence is the responsibility of the Indonesian Police. Australia cannot intervene in the legal processes of another country unless requested to do so by that country.

(4) A general offer of assistance was made by the Australian Federal Police to the Indonesian National Police (INP) on 7 December 2004. On 17 January 2005 the INP declined this offer, advising the investigation was no longer a police matter and had been forwarded to the Indonesian Prosecutor’s Office.

(5) Since Ms Corby’s arrest, the Consul-General and other officials from the Australian Consulate- General in Denpasar have been active in providing full consular support, including ensuring her welfare. They visit Ms Corby regularly, confirm that she is being treated properly, is in good health and has access to any medical treatment she may require. Her sister, who lives in Bali, visits her daily and provides her with food and other personal necessities. Australian Consular staff have also kept Ms Corby’s family in Australia informed of her situation and any developments throughout the period of her detention.

(6) The Government has been taking a close interest in Ms Corby’s legal process. While Australia cannot intervene in the legal processes of another country, we have been monitoring the situation carefully to ensure Ms Corby’s treatment is fair and in full accordance with Indonesian law.

(a) Neither Ms Corby nor her lawyers have applied for bail.



Hon. Alexander John Downer (Answer to the above questions Mr Murphy questions)

(b) At the request of Ms Corby’s legal team, I asked the AFP to offer assistance to the Indonesian National Police but the AFP’s offer was declined.

On Ms Corby’s behalf, the Government has also assisted her lawyers in contacting other organisations, for example QANTAS, where they believe those organisations might be able to assist in their investigation of the circumstances surrounding her arrest.

Information source: http://www.aph.gov.au/hansard/reps/dailys/dr140305.pdf

If assistance denied, read "Treaty Agreement Australia & Indonesia" Memorandum of understanding read Article 10. TREATY


Attorney-General discusses Schapelle Corby SUNDAY program

Philip Ruddock, AUSTRALIAN Attorney-General

Sunday ---- transcript Sunday 27th March 2005

ANA WENDT: The Federal Government may have thrown a lifeline to a Gold Coast woman fighting drug smuggling charg es in Bali. On Tuesday it will fly a Victorian prisoner to Indonesia to give evidence that could be crucial in the trial of Schappelle Corby.

Miss Corby is accused of trying to smuggle four

kilograms of marijuana into Bali. If she's found guilty, she could face a firing squad.

It's believed the Victorian prisoner John Ford will claim she was an unwitting pawn in an airport crime ring that smuggles drugs between Brisbane and Sydney. The Federal Government approved Indonesia's request for Ford to give evidence at Miss Corby's trial.

Here to talk about the Corby case is the Attorney-General, Philip Ruddock. He's in our Sydney studio now with Sunday 's political editor, Laurie Oakes.

Good morning, Laurie. LAURIE OAKES: Morning Jana. Mr Ruddock, welcome to Sunday .

ATTORNEY-GENERAL PHILIP RUDDOCK: Thank you very much Laurie.

LAURIE OAKES: Now, we'll start with Schapelle Corby. Is it a life-line? Do you think that John Ford's evidence will help her case?

John Ford



Philip Ruddock, AUSTRALIAN Attorney-General.....cont

And it has to be with the specific authority and request from Indonesia. One of our concerns was that they left it very late in the day, and then offered criticism of the Australian Government. It's not a matter that we can send people to another country.

We have a treaty under which we agree to provide assistance in criminal matters, and it's under this treaty that Indonesia has now made a request, and we are responding.

LAURIE OAKES: Do you think her lawyers just didn't understand?

PHILIP RUDDOCK: Well, I think it's fairly clear that not many people in Australia, acting in criminal matters, would have experience in acting in relation to matters in another country. And that's why I think it was really incumbent upon them to follow the advice that was given in a timely way. And only one day before the proceedings to be initiating a request suggests to me some inactivity.

LAURIE OAKES: The Indonesian Chief Judge is quoted in some newspapers today as saying that Ford's evidence could work in her favour or against her. Now, how could it work against Schapelle Corby?

PHILIP RUDDOCK: I have no idea. Whether it would be evidence that would support her case, or whether it would be evidence that would be seen by a court to be flawed in some way. Obviously those matters will be tested by the court. I think the judge is being very circumspect in relation to these matters. One of the things that we feel very strongly about in Australia is that our courts should be able

to make their own judgements in relation to these matters without influence by publicity and people using the media.



Philip Ruddock, AUSTRALIAN Attorney-General.....cont

LAURIE OAKES: Now, you say you can't comment on the evidence, but the Federal Police Commissioner Mick Keelty did. He described Ford's evidence as hearsay on hearsay. Why did the Federal Police Commissioner say something like that about a case where someone really could be fighting for their life?

PHILIP RUDDOCK: Well, normally we don't comment on matters involving police investigations. I certainly don't. Because I think it's best that they — they undertake their investigations, and do so without — without a day by day commentary. But in relation to this matter, the comments were made very early in the piece, when

it was requested that the Australian Federal Police investigate these matters. And they have undertaken to do that. And I think, again, it's a live investigation. It's not a matter about which I can comment any further. Other than to say that in relation to these matters, commentary needs to be — needs to be very cautious, because it can prejudice the results of investigations. LAURIE OAKES: What about commentary from the Federal Police Commissioner?

PHILIP RUDDOCK: Well, I mean he's in a different position, I think, to me. And in a position to know what is appropriate to be said. I'm not offering a view on what he said.

Ref:http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;adv=yes;db=;group=;holdingType=;id=;orderBy=date-eLast;page=0;query=airport%20crime%20Content%3A%22airport%20crime%22;querytype=;rec=1;resCount=Default

PHILIP RUDDOCK: I have no idea. Whether it would be evidence that would support her case, or whether it would be evidence that would be seen by a court to be flawed in some way. Obviously those matters will be tested by the court. I think the judge is being very circumspect in relation to these matters. One of the things that we feel very strongly about in Australia is that our courts should be able

to make their own judgements in relation to these matters without influence by publicity and people using the media. And we expect that in relation to Australian matters. And what I've been surprised about is the extent to which in this case there has been a lot of campaigning through the media, which I think at the end of the day makes it very much more difficult for the court to be able to deal with the range of issues it's going to have before it.


RADIO 3AW, MELBOURNE

PRIME MINISTER - John Howard

TRANSCRIPT OF THE PRIME MINISTER

Schapelle Corby FLASH BACK - April 8th 2005

Interview With Neil Mitchell.

Mr Mitchell: Some very quick issues, we’re running short of time and a lot I want to ask you. The Schapelle Corby case, are we asking Indonesians prosectors not to peruse the death penalty if she’s convicted?

Prime Minister: Yes.

Mitchell: Why?

Prime Minister: Because that’s longstanding Australian Government policy. We always put in a plea for clemency in relation to the death penalty if an Australian is convicted.

Mitchell: Are you prepared to have her serve her sentence here?

Prime Minister: Well I don’t want to pre-judge what is likely to happen in the court. Let me broadly say this, that we believe in the principle of Australians being convicted overseas, where it’s appropriate, serving their sentences in Australia.


AIRPORT SECURITY INQUIRY SUBMISSION 60 Peter Griffiths to

HON. Bob Baldwin MP

The Chairman,MP Bob Baldwin,Airport Security Inquiry,Parliament House,Macquarie Street,Sydney.

Dear Mr. Baldwin,

Please find enclosed a copy of a letter I forwarded to the Security Manager of Sydney Airport last September, 2004

The letter is self explanatory, but I believe that anyone, or for that matter a number of people could still gain access to Sydney Airport precinct in the back of a Caterair vehicle, simply because Caterair is “Off Base” and the security ofthe vehicle solely relies upon a paper seal affixed to that vehicle.

At the time I terminated my employment at Caterair, there was absolutely no security at this establishment, with the exception of security cards.

You will also see in the attached correspondence that Ms Leon Mack of the Attorney Generals Department contacted me via email on the 26~ September, 2004, since then I have not had any correspondence in relation to my complaint.

I thought that you should be made aware of the complaint I made, prior to the arrest of Schapelle Corby.

I am prepared to give evidence under oath if required and declare that everything that I have stated in my correspondence are the truth.

Would you be kind enough to acknowledge receipt ofthis letter, email will suffice.

I wish you well with the inquiry.

Yours SincerelyPeter GriffithsInternational Air Transport Association's (IATA) regional vp for Europe (IATA)

Media

Statement

19 April 2005

Claims that AFP are involved in a cover-up are untrue Claims reportedly made by an adviser with Schapelle Corby’s defence team, Vasu Rasiah, in the media yesterday (18 April) that the AFP was involved in a cover-up and had not cooperated with the defence team are not true. The AFP has a hard earned reputation for integrity and professionalism. We must respond whenever this integrity is brought into question, particularly with such baseless accusations as these. It is a shame also that the journalist responsible for writing the AAP article had not given the AFP the opportunity to respond before giving it wide circulation. Vasu reportedly claimed that the AFP had attempted to conceal information linking the 2002 death of former Australian Protective Service Officer Garry Lee-Rogers to the Corby case. This is not true. This case is currently before the Coroner so we are unable to comment in detail, but we are aware that the Commonwealth Ombudsman has also investigated a number of allegations made by Mr Lee-Rogers and found them to be lacking in substance. Claims of poor cooperation are also demonstrably untrue. At every stage where the AFP has been asked for help, and had the capacity to assist, we have done so. For example, as a result of a request from Ms Corby’s defence team to the Australian Government, the AFP wrote to the Indonesian National Police in December last year offering forensic assistance (including fingerprinting) in relation to their investigation. The head of Bali police wrote back in January 2005 stating that AFP assistance was not required. Ms Corby’s defence team is well aware of this. Again on 16 March 2005 the Department of Foreign Affairs and Trade provided the AFP with a copy of an affidavit taken by Ms Corby’s defence team. The affidavit, which recorded conversations between the defence team and a prisoner in Melbourne, allegedly contained information relevant to the Corby matter. The AFP and the Queensland Police invested considerable resources to thoroughly investigate these allegations despite the fact that, prima facie, the material was at best hearsay evidence. This included interviewing the author of the affidavit on 17 March 2005 and people he nominated in his statement. Police enquiries have found no evidence to substantiate the claims made in the affidavit. The AFP, with Customs and our state and territory policing partners, has been highly successful in disrupting the drug trade in Australia and around the region. We are

Visit our website at www.afp.gov.au for all the latest information on the Australian Federal Police

understandably proud of our record in protecting Australians from illicit drugs and stand by our reputation for managing one of the world’s most successful anti-drugs operations. The AFP finds it curious that Ms Corby’s defense team continues to raise issues in the Australian media rather than putting their case before the Indonesian court which is the most appropriate forum for her defense. The AFP will continue to respect the sovereignty of the Indonesian court. Media enquiries: National Media Enquiries: (02) 6275 7100

Visit our website at www.afp.gov.au for all the latest information on the Australian Federal Police


Law Council angered by AFP comments on Corby case

ABC Tanya Nolan

ABC Radio - AM Thursday, 12th May , 2005 08:12:00

Reporter: Tanya Nolan reports

TONY EASTLEY introduction: As Schapelle Corby's defence team prepares for what could be its last opportunity to plead her innocence to an Indonesian court, a row has broken out between the Law Council and the Australian Federal Police over the case.

Law Council president John North has accused AFP Commissioner Mick Keelty of potentially jeopardising Ms Corby's chance of a fair trial, after Mr Keelty's comments that a key aspect of her defence is not supported by AFP intelligence.

TANYA NOLAN: The row was sparked by the discovery of a $30 million cocaine importing syndicate. As one of the 12 men charged in connection with the ring applied for bail in a Sydney court yesterday, the Australian Federal Police tendered an explosive brief. It alleged that corrupt baggage handlers at Sydney's international airport were paid $300,000 to help smuggle a briefcase containing nearly 10 kilograms of cocaine. The date of the alleged incident was October the 8th last year – the same day Schapelle Corby's infamous boogie board bag was checked through the same airport on the way to Bali.

Ms Corby's lawyers say the coincidence props up a key element of their defence that baggage handlers planted the 4.1 kilograms of marijuana in her bag But AFP Commissioner Mick Keelty has criticised the leaking of the latest allegations surrounding baggage handlers, and while acknowledging the dangers in commenting on a trial that is ongoing, he told ABC local radio in Canberra that Ms Corby's defence is flimsy.

MICK KEELTY: There is very little intelligence to suggest that baggage handlers are using innocent people to traffic heroin or other drugs between states.


Law Council angered by AFP comments on Corby case

ABC RADIO Tanya Nolan

Continued ---

Source File: http://www.abc.net.au/am/content/2005/s1367014.htm

TANYA NOLAN: Those comments have enraged Ms Corby's lawyers, who accuse the Commissioner of having a vendetta against the Queensland woman. The man funding her defence, Ron Bakir, says they are looking at what action can be taken against the Commissioner.

RON BAKIR: It's an absolute disgrace. The Federal Police are highly regarded in Indonesia, and for the top cop to come out and make comments like he's made, he might as well be the prosecutor.

TANYA NOLAN: President of the Law Council of Australia, John North, is equally strident in his criticism of Mr Keelty.

JOHN NORTH: He's commented on a trial that is still in progress. He would not do this in Australia, and it is possible that the news will be communicated to Indonesia and could affect her trial.

TANYA NOLAN: Mr North says the Commissioner should be censured for his comments, but Mick Keelty this morning wasn't resiling from them. And Justice Minister Chris Ellison is supporting the Commissioner, telling Channel Nine that there is no evidence of any link between the cases.

CHRIS ELLISON: There is an investigation which dealt with alleged international operation involving trafficking of cocaine into Australia. An investigation of that does not reveal any connection with the Schapelle Corby case or the Bali Nine.

TANYA NOLAN: The Sydney Airport Corporation has announced a $2.8 million security upgrade, and the Federal Government is considering legislation to improve security in the baggage handling area of airports, but says it would need the cooperation of the States and Territories to be effective.


MR MICK KEELTY (Australian Fedreal Police ) AFP

Schapelle Corby FLASH BACK - 23rd May 2005

CHAPTER 1

Committee Hansard, 23rd May 2005

Introduction: 1.1 This chapter summarises areas of interest and concern raised during the committee's consideration of the Budget Estimates of the Attorney-General's portfolio for the 2005-2006 financial year.

Page 2

REF: http://www.aph.gov.au/senate/committee/legcon_ctte/estimates/reports/2005/bud_0506/c01.pdf

1.7 The AFP was questioned extensively concerning investigations into unauthorised disclosure of information from within the public service. The committee was particularly interested in the events surrounding the execution of a search warrant on the National Indigenous Times newspa-per in an attempt to locate a government document which was believed to be in the possession of the newspaper.6

1.8 In response to these questions, Commissioner Keelty tabled a document indicating that there were currently 37 ongoing investigations into unauthorised disclosures. Officers advised the committee that, notwithstanding that other newspapers had published articles covering the unauthorised disclosure, given the known facts that existed at the time, a search warrant was sought only for the National Indigenous Times.7

1.9 Other areas canvassed by the committee included:

• the surveillance of baggage handling areas at Australian international airports;

• comments by Commissioner Keelty concerning the court case in Indonesia of Schapelle Corby;

• the structure and operation of AFP Regional Rapid Deployment teams;

• the allocation of resources of the National Missing Persons Unit; and

• the request by Hungarian authorities for the extradition of Charles Zentai for alleged war crimes.

ATTORNEY- GENERAL'S PORTFOLIO - Attorney-General's Department (AGD)


DOORSTOP INTERVIEW GARVAN RESEARCH INSTITUTE, SYDNEY

PRIME MINISTER - John Howard

TRANSCRIPT OF THE PRIME MINISTER

Schapelle Corby FLASH BACK - 16th May 2005

Subject: Schapelle Corby request for information. .

JOURNALIST: And with Schapelle Corby, the letter, how do you feel this letter will persuade [inaudible]?

PRIME MINISTER: Well this letter was asked for by her lawyers last Thursday and it was provided on Friday evening. It deals with facts, it arises out of a request that was made by her lawyers to the court, for the court to view some footage from a Channel Nine report. The court indicated, so I am told, that it wouldn’t view the footage, but if it had communication from the Government, dealing with certain facts and the letter which has been published at the behest of the lawyers in the press this morning, deals with certain facts relating to the allegations concerning the baggage handlers and the coincidence of the dates, the 8th October 2004. Now what that means for the consideration of the case by the Indonesian court is a matter for the court to determine. I repeat what I said yesterday, I hope that the verdict is fair and true and right and just. The Government will provide any information or support that it appropriately and properly should provide to assist in the presentation of Schapelle Corby’s defence. It is not appropriate for me to try in any way to intervene in the judicial process of another country, any more than it would be right and proper for me to try and intervene in the judicial process in this country.

JOURNALIST: So you don’t believe that that letter amounts to interference?

PRIME MINISTER: The letter is not interference, the letter represents the provision of factual information that the defence lawyers are entitled to have, they asked for, and will be made available to the court. It is never interference to provide factual information. Thank you.

[ends]


SENATOR ALLISON

A Must Read Document - Political Buck - Passing

AUSTRALIAN FEDERAL POLICE

Committee met at 9.02 am


Questions to Mr Mick Keelty:

Senator ALLISON—We will perhaps raise these questions with ASIO when they appear a little later. Going to this letter to the Indonesian lawyers on the question of drug importation into Australia and baggage handlers, I will read the second paragraph, which states:

Following a joint investigation which has been conducted over the last six months, the Australian Federal Police and the New South Wales Police have dismantled a Sydney based syndicate involved in trafficking of drugs. Police are currently investigating a number of baggage handlers who work at the Sydney international airport about these drug-trafficking activities. The police believe these baggage handlers were on duty on 8 October 2004 when a shipment of drugs was brought into the Sydney international airport.

Mr Keelty, that does seem to me to be somewhat in contradiction to your comments a couple of weeks earlier, which were—and correct me if I am wrong in my recollection — that an investigation had been conducted and no evidence had been found to support the claim that there had been interference in baggage handling or drug related activities.

Ref: http://www.aph.gov.au/hansard/senate/commttee/s8314.pdfDocument of interest: Commissioner AFP Mr. Keelty interview with ABC reporter Tanya Nolan (no drugs)

SENATE LEGAL AND CONSTITUTIONAL LEGISLATION COMMITTEE


COMMONWEALTH OF AUSTRALIA OFFICIAL COMMITTEE HANSARD

HON. SENATOR ALLISON - MICK KEELTY - CHRISTOPHER ELLISION

Cont...Senator ALLISON— Have all baggage handlers now been issued with the ASIC and had security checks?

Mr Keelty— The only people who work outside of that process are, as I understand it, temporary staff who work at airports.

Senator ALLISON—Temporary staff are not required to have ASICs?

Mr Keelty— Temporary staff are provided with a temporary pass but they must be supervised by somebody who has had a background check at all times while they are in the airport.

Senator ALLISON— As you would be well aware, the parliament passed legislation some time ago giving powers to personnel working in airports to conduct frisk searches and the like. Was it ever envisaged that this power would be given for use on not only passengers but also baggage handlers?

Mr Keelty— That is a policy question for government.

Senator Ellison—Madam Chair, could Senator Allison just repeat that question. I have the letter here that was requested previously, by the way, and I was just attending to that for the purposes of tabling it. If we can just deal with this issue first then we will table the letter.

Senator ALLISON—Some time ago we passed legislation which gave new powers to APS personnel working in airports dealing with passengers. Individual passengers can be frisked and required to give their name, address, a reason for being where they are and so forth. Is it anticipated, in the light of recent developments, that there might also be a focus on baggage handlers in terms of increasing surveillance over their activities—or indeed those kinds of demands.

Senator Ellison—As I recall it the policy setting for that legislation was one of national security and dealing with counter-terrorism first response, which is handled by the Australian Federal Police Protective Service. It was thought that they needed the power to act where they thought that there was a possible breach of security. They were to do so with certain requirements—that is, they could not just willy-nilly ask someone to provide their bag to be searched; there had to be reasonable grounds for it. I think there was a good deal of Senate scrutiny in relation to that.

Allison Keelty Ellison




Cont...

Senator Ellison— We are dealing here with a situation where you are talking about baggage handlers and the screening of them as a whole—that is, across the board—not in

the context of the AFPPS powers where that is in response to a circumstance which presents itself, such as a person acting suspiciously, but in the circumstances of people working at the airport. That is a different policy consideration, because what you have there is a blanket approach, if you like, to how those people are screened. Baggage handlers never used to be screened. They are now, to the extent that they have ASICs, and that involves a background check on them. Of course, there is closed-circuit television at airports. Airport operators, Customs and Qantas have their closed-circuit television, which adds to the security of the airport environment. But the point you make about the Australian Federal Police Protective Service is more to do with a discrete power that was given to them in relation to their counter-terrorism, first-response role.

Senator ALLISON—Are closed-circuit television arrangements present in baggage-handling areas.

Senator Ellison— I understand that Qantas recently announced an increase in coverage. About a month or two ago, Qantas announced that it would be increasing its closed-circuit television coverage, which included baggage areas.

Senator ALLISON—Prior to that, were all operations within baggage-handling areas covered under the CCTV arrangements.

Senator Ellison— I understand there was CCTV in baggage-handling areas. As to which airports, I would have to take that on notice, but I understand that there was provision of closed-circuit television in baggage-handling areas.

Senator ALLISON—For how long are the tapes from those systems maintained.

Senator Ellison— I would have to take that on notice. That is a matter for Qantas airlines. I understand, from discussions with Qantas, that they are kept for a month or so. It depends on the workload in relation to the tapes and the systems concerned, but I will take that on notice and get back to the committee.





Cont...

Senator ALLISON—Mr Keelty, are tapes from surveillance in airport luggage - handling areas ever used by the AFP in their investigations?

Mr Keelty—They could be. It would be in an investigation, as I mentioned before, of a breach of the legislation that we operate under.

Senator ALLISON—So that would be related to terrorism—is that what you are saying?

Mr Keelty—It could be terrorism, it could be narcotics trafficking, it could be people-smuggling, it could be identity fraud—it could be a raft of issues.

Senator Ellison—You also have to remember that state police have jurisdiction as well, so it is something that state police could avail themselves of.

Senator ALLISON—So the AFP can, at any point in time, ask for the tapes on baggage handling on certain days if there is suspected narcotics activity?

Mr Keelty—That is correct, if the tapes exist—remembering that the security at airports is governed by the Department of Transport and Regional Services. They set the standard and we are but one, as I have mentioned to you before, of a large number of agencies that operate out of the airports, including the state and territory police. All of the airports are privatised and general community policing at airports is the responsibility of the state and territory police.

Senator ALLISON—I understand that, but you have an interest, surely, in being able to secure evidence that might be collected on that CCTV.

Mr Keelty—If it was a matter in which we had an interest, yes—and if the tapes existed.

Senator ALLISON—Such as drug trafficking?





Cont...

Mr Keelty— That is correct.

Senator ALLISON— Can you give the committee some idea of how frequently you request evidence from CCTV on drug

trafficking within baggage-handling areas?

Mr Keelty— I do not have the information here. I would have to take that on notice. But you are talking about every operation we involve ourselves in at airports, so it would take me some time to gather that information. We would need to know between what dates you required the information.

Senator ALLISON— I am sorry. I did not mean to ask for something which would be onerous to collect, but I want a general sense of how frequently the AFP uses this information and how readily it is available. I would have thought that, in your talks with airport authorities, whether they are private or otherwise, this would be fairly central to your evidence-collecting capability—is it not?

Mr Keelty— Which question do you want me to answer?

Senator ALLISON— Is the collection of information via the CCTV, tapes of the CCTV and baggage handling areas, of interest to the AFP?

Mr Keelty— It may or may not be, depending on what the case is that is being investigated and whether the evidence exists.

Senator ALLISON— I will go back to the first question and ask you to provide information about the number and occasions on which the AFP has requested tapes within baggage handling areas related to drug trafficking.

CHAIR— Which you have taken on notice, Mr Keelty.





Cont...

Senator ALLISON— Perhaps over the last three years, for want of a better time frame.

CHAIR— It has been taken on notice, Senator.

Senator ALLISON— Was Minister Downer wrong, then, when he indicated that the reason that the CCTV tapes were not available in the case of Ms Corby’s arrest was that they were usually destroyed within a few hours? That obviously is not correct from what you have just indicated.

Senator Ellison— There are a number of tapes involved. There are tapes by the airport corporation, Customs tapes and tapes by Qantas. So you have to look at which ones you are talking about because

Senator ALLISON— I am talking about the CCTV tapes of baggage handling activities.

Senator Ellison— I will have to take this on notice and make sure that this is right, but there are cases, I understand, where some of the closed-circuit television of baggage handling areas is by the airport concerned. We are dealing with two airports, in the case that you are speaking of, and Qantas has its CCTV as well. So I will need to take that on notice. As I prefaced my remarks, it was a general understanding I had in relation to tapes being held for a period of time. That could change in certain circumstances. I did not say it was ironclad. I cannot comment on what Alexander Downer has said; I do not know what he was referring to.

CHAIR— There are a number of questions that have been taken on notice there, Senator Allison. I am sure we will have those answers as soon as we can.

Senator Ellison— I can table that letter. I might add that it was addressed to the defence team for Schapelle Corby; I think I said it was to the court concerned. I believe it was provided to them with the expectation that it would be provided to the court. There were reports, of course, that said it was to the court. I am not sure what the involvement of Foreign Affairs was in relation to whether it was going to the court or to the defence team. But, suffice to say, there is one letter. This is a copy of it, and I table it. CHAIR—Thank you for tabling that. I will have that collected.





Cont...

Senator ALLISON— Could we also have on notice the changes being proposed to surveillance in baggage handling areas Minister, I think you said that Qantas was proposing to put in some additional

surveillance points. Is it possible to provide the committee with details of those changes.

Senator Ellison— Yes. I can take that on notice.

Senator ALLISON— Did they arise from either AFP or other recommendations to Qantas?

Senator Ellison— I think Qantas did this on something of its own motion, which it did before any revelation of the alleged cocaine importation. That was done before that surfaced, although of course Qantas was aware of the investigation. I think it was something that Qantas was looking at in any event. We have worked closely with Qantas in relation to aviation security. They do a good job. That was my understanding. If it is incorrect, I will advise the committee.

Senator ALLISON— Has AFP had talks with other airlines or other airports about surveillance? Are there negotiations under way at present over the extent to which surveillance is available in baggage handling areas.

Senator Ellison— A high-level group has been set up in relation to aviation security. On that group there is representation from the airlines; they are included in that group. So if you are talking about ongoing consultation, that is the primary body that would be involved in that.

Senator ALLISON— Which federal agencies are also involved.

Senator Ellison—Transport leads that. There is Transport, Australian Federal Police and Customs. The airline owners are represented, as are the airports. I will have to check to see who else is on that body. That is my recollection.





Cont...

Senator ALLISON— Does that body have the power to require Qantas, Jetstar or various airlines to put in surveillance points—CCTV surveillance—where it might be deemed to be undersurveilled.

Senator Ellison— I think it is fair to say that the work we do with the airlines is on a very cooperative basis. We have had to legislate where necessary to give people certain powers. The ASI card was just one case in point. We had to have legislation for the ASI card because of the mandatory aspects of that. In relation to the measures that Qantas has taken, it is largely done on the basis of cooperation with Qantas. We have an excellent relationship with the airlines. You talk of Qantas; I also want to include other airlines such as Virgin Blue. Where legislation is required then we go down that path. It is done in consultation with the airlines and the airport owners. The ASI card was just one example.

Senator ALLISON— In those talks or in that group has there ever been a suggestion put by the AFP or other agencies that a greater level of surveillance should be provided, and which has been rejected by the airports or Qantas.

Senator Ellison— I cannot comment on the extent of those discussions. I would have to take that on notice. I cannot speak for every official who is represented there. In that group ASIO is also represented. Any further questions of that sort I will direct to the department of transport. The department of transport is the lead agency for that body, so I will take that on notice.

Senator ALLISON—But the department of transport does not have the same interest in security as the AFP or ASIO, presumably.

Senator Ellison— No, the department of transport has a very strong interest in aviation security. The Deputy Prime Minister has taken a very close interest—

Senator ALLISON—We will perhaps raise these questions with ASIO when they appear a little later. Going to this letter to the Indonesian lawyers on the question of drug importation





Cont...

Senator Allison— into Australia and baggage handlers, I will read the second paragraph, which states: Following a joint investigation which has been conducted over the last six months, the Australian

Federal Police and the New South Wales Police have dismantled a Sydney based syndicate involved in trafficking of drugs. Police are currently investigating a number of baggage handlers who work at the Sydney international airport about these drug-trafficking activities. The police believe these baggage handlers were on duty on 8 October 2004 when a shipment of drugs was brought into the Sydney international airport. Mr Keelty, that does seem to me to be somewhat in contradiction to your comments a couple of weeks earlier, which were—and correct me if I am wrong in my recollection—that an investigation had been conducted and no evidence had been found to support the claim that there had been interference in baggage handling or drug related activities.

Mr Keelty— There is no conflict between what is contained in that letter and my public statements. To go into greater detail might create problems in terms of what was agreed between madam chair and the minister.

CHAIR— These are matters currently under continuing investigation?

Mr Keelty— Can I point out that the matter regarding the international airport involving the AFP and the New South Wales Police is ongoing and charges have been preferred. That matter is now before the court. With respect, I think the other issues come into the ambit of the discussion that the minister had with you, Madam Chair, at the outset of these proceedings in respect of the Corby matter.

Senator Ellison— I think that is appropriate. You are talking about a situation where you clearly have mention of a matter which is before the courts. The other matter was an investigation carried out by the Australian Federal Police and the Queensland police. Of course, Commissioner Keelty’s comments were made in the context of that previous investigation by the Queensland police and the Australian Federal Police and not in the context of this subsequent development, which was made public when arrests were made and people taken before the courts.





Cont...

Senator Ellison— To comment on this now is inappropriate because of the matter being before the courts. Of course, a number of people are before the courts. There are ongoing investigations as well. So there is

more than one reason for declining to go into these matters in detail.

Senator LUDWIG—Minister, the commissioner has given us a short overview of those matters that surround the Sydney international airport drug-trafficking activities. Is the commissioner able to provide a more expansive explanation of the circumstances that he can put on the record about those activities and what the current investigation or its stretch is or about the lead-up to the current investigation which culminated in the arrests? Rather than ask the question—Senator Allison can come back to it—it is a matter of putting the ball

in your court and asking what you can say in terms of those activities.

Senator Ellison—In relation to the operation involving the alleged cocaine smuggling.

Senator LUDWIG—It is not unusual for us to ask that at estimates, to be able to then elicit from the commissioner what he can say, given the nature of the issue and given that obviously it is an ongoing operation.

CHAIR—The committee is cognisant of those restrictions.

Mr Keelty—I will precis the public information on this, which would be the facts presented before the courts. It is a joint investigation involving the Australian Federal Police, the New South Wales Police and the New South Wales Crime Commission. The investigation has been going on for some months. There are people who have been charged with conspiring to import cocaine into Australia through Sydney airport—the international terminal. It is an investigation that spans not only Australia but also South America, where, the committee will be aware, there is an AFP presence. There have been many months of telephone intercepts and listening devices used as part of that investigation. An aspect of the investigation was a focus on a small number of baggage handlers who were employed at Sydney airport and who were operating on the international side of the airport.





Cont...Senator ALLISON— Can I ask whether it is the case that AFP personnel are also under investigation.

Mr Keelty— A matter has been referred to our professional standards area as a result of

an allegation—I would not put it any more strongly than that—that arose out of that investigation.

Senator ALLISON— Is that investigation complete now or is it still under way.

Mr Keelty— It is still under way.

Senator ALLISON— And that also related to Sydney airport.

Mr Keelty— It did, but it in no way pre-empted or caused the operation to be executed at the time, which was for reasons that I cannot disclose publicly. There was another reason the operation had to be brought to fruition on the day that it was.

Senator ALLISON— Did the allegation involve just one officer or was it more.

Mr Keelty— An allegation has been made against just one AFP officer. We are very much aware of that allegation. It was not a revelation to us. It is an ongoing matter within our professional standards area.

Senator ALLISON— Has the officer been suspended while the investigation is under way.

Mr Keelty— No. Senator ALLISON—So he or she is conducting normal activities.

Mr Keelty— That is correct, and that is why I say I would not put it any higher than that the allegation has been made. We have to keep an open mind in these matters. We treat allegations of corruption very seriously. This happened to be a matter about which we had prior knowledge and so we were proactively investigating it in any event. I think to say any further probably will have a negative effect on that investigation.

CHAIR— We understand.



MR MICK KEELTY (Australian Fedreal Police answers to Senator Allison)

AUSTRALIAN FEDERAL POLICE


Committee met at 9.02 am

A: Mr Keelty—There is no conflict between what is contained in that letter and my public statments.

To go into greater detail might create problems in terms of what was agreed between madam chair and the minister.

CHAIR — These are matters currently under continuing investigation?

Mr Keelty — Can I point out that the matter regarding the international airport involving the AFP and the New South Wales Police is ongoing and charges have been preferred.

That matter is now before the court. With respect, I think the other issues come into the ambit of the discussion that the minister had with you, Madam Chair, at the outset of these proceedings in respect of the Corby matter.

Refer: Mr. Newells commentSource: http://www.aph.gov.au/hansard/senate/commttee/s8314.pdf

SENATE LEGAL AND CONSTITUTIONAL LEGISLATION COMMITTEE


INDONESIAN EMBASSY SECURITY ALERT THE ROCKS STREET CLOSURES

Hon. AMANDA FAZIO

Schapelle Corby FLASH BACK - June 7th 2005

Don't blame the Corby's The MEDIA Could Accept Some Responsibility For The Climate Of Anti-Indonesian Feeling They Have Helped To Engender.

LEGISLATIVE COUNCILDated: Tuesday 7 June 2005The Hon. AMANDA FAZIO [10.04 p.m.]: Last Wednesday, 1 June 2005, like so many other people I was surprised to hear the news that there had been some sort of attack on the Indonesian Embassy in Canberra.

As the afternoon progressed and more detailed news became available, it became apparent that the attack was most likely in some way linked to opposition to the sentence received by Schapelle Corby in her court case in Bali. I do no profess to know or really care if Schapelle Corby is innocent or guilty. I still feel compassion for her and defy anyone except the hardest hearted to not react when they see the anguish that she is suffering. But as so many commentators have said, the attack on the Embassy, which turned out to be a hoax, will not in any way help her cause.

What did concern me was the number of media commentators who came out with the usual statements that sending an envelope with "white powder" was unAustralian. Their continual comments that such actions were unreasonable sat uncomfortably with many of their earlier comments on the Corby case.

When major media outlets spend day after day and week after week demonising the Balinese and Indonesian justice system why should anyone be surprised when a racist attack is made upon the Indonesian Embassy. Perhaps by recognising the level of near hysteria they have helped to engender in large sections of the Australian community they would actually be performing a public service. They could actually accept some responsibility for the climate of anti-Indonesian feeling they have helped to engender.

Why just talk about boycotting holidays to Bali and Indonesian products? Why not take direct action?


INDONESIAN EMBASSY SECURITY ALERT THE ROCKS STREET CLOSURES

Hon. AMANDA FAZIO

It is little wonder that in the climate they whipped up, someone went over the top in their response. It was very naive and self-serving of these media organisations to turn around overnight and try to take the high moral ground by condemning this incident.

What was even more interesting for me was watching very late on Wednesday evening the rerun of ABC's Media Watch. Its critical but accurate analysis of the media coverage of the Corby case was, in hindsight, far more revealing than it would have been had I watched the program on Monday evening. For those of you who missed this show, I urge you to check it out on the ABC website.

In any case while so many of these media outlets were so busy drumming up anti-Indonesian sentiment, they forgot to mention the radical industrial relations changes announced by the Howard Federal Government. That is apart from running editorials in support of the changes.

That in itself is odd enough. Surely if a Federal Government announcement does not rate a news story, it is a bit rich that editorials are written in its favour—especially when the major offender is a tabloid newspaper that pretends to be targeted at the average worker. But that again is hypocrisy in action.

REF:http://www.parliament.nsw.gov.au/Prod/Parlment/HansTrans.nsf/V3ByKey/LC20050607/$File/531lc138.pdf.http://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LC20050607053


Prisoner Transfer Agreement

Source: House of Reps - Parl No. 41QUESTIONS WITHOUT NOTICE

Schapelle CorbyFLASH BACK - 1st July 2005

MAY, Margaret AnnMember for McPherson (Qld) Liberal Party of AustraliaParliamentary service - Elected to the House of Representatives for McPherson,

House of Hansard

Q: Mrs MAY (McPherson) (2:18 PM) — My question is addressed to the Minister for Foreign Affairs. Would the minister inform the House about the process of negotiating a prisoner transfer agreement with Indonesia?


Minister for Foreign Affairs from 11.3.96 to 3.12.07

A: Negotiating a prisoner transfer agreement with Indonesia?

Mr DOWNER (Mayo) (Minister for Foreign Affairs) — I thank the honourable member for McPherson for her question and tell the House that the Australian delegation, with officials from both the Department of Foreign Affairs and Trade and the Attorney-General's Department, will be in Jakarta next week to discuss a bilateral treaty on the transfer of prisoners between Australia and Indonesia. We have arrangements with a range of states of this kind. We have 57 countries we have arrangements with through the Council of Europe Convention on the Transfer of


House of Hansard


states of this kind. We have 57 countries we have arrangements with through the Council of Europe Convention on the Transfer of Sentenced Persons and we have recently finalised a bilateral agreement with Thailand. It is important to recognise that, in the case of the other agreements we have, transfer of prisoner arrangements allow for a citizen convicted of a crime overseas to serve their sentence in Australia. They do not permit the offender to be released on return to Australia. Such agreements also require that all appeals processes must be exhausted before a transfer can be considered.

Indonesia currently does not have any bilateral prisoner transfer treaties, not with any other state, so it is important to recognise

that these negotiations may be complicated and it may take some time to reach agreement. But it also worth remembering that, once that agreement is reached, assuming it is, between the Australian and Indonesian governments, it is likely that that agreement will require some amendments to legislation, including in Indonesia, and it is certain that that agreement would have to be ratified by the Indonesian parliament. I say that because I know a lot of people in Australia are upset about the Corby verdict. But I would say this: to continually attack Indonesia and denigrate its institutions and leaders will build up a good deal of anti-Australian sentiment in Indonesia and it will make it very difficult to conclude agreements of this kind, particularly through public institutions like the Indonesian parliament.

I am aware that today the Australian Federal Police and the ACT Fire Brigade are investigating a possible suspicious package that was received this morning by the Indonesian embassy. The embassy has been closed. It is surrounded by fire engines and other emergency services equipment. This is a matter of great concern and it is the sort of thing that is very unhelpful, to say the least. I make the point that as a government we condemn this sort of behaviour, we condemn this sort of abuse and we would urge people who are concerned about Schapelle Croby to ensure they put their energies into supporting the legal defence team and not put their energies into abuse and denigration of Indonesia, its institutions and its leaders and not to undertake these sorts of activities which, at least, are potentially threatening to Indonesian staff working here in Australia.


TERRORISM (POLICE POWERS) AMENDMENT (PREVENTATIVE DETENTION) BILL

Mr. Neville Newell MPsecond reading

Schapelle Corby FLASH BACK - NOV 2005

“In my view he would be in contempt of court if that trial had been held in Australia.”

LEGISLATIVE ASSEMBLYWednesday 30 November 2005

Indonesia currently does not have any bilateral prisoner transfer treaties, not with any other state, so it is important to recognise

Mr. Neville Newell MP member for Tweed Heads NSW while addressing the Legislative Assembly Wednesday 30 November 2005 TERRORISM (POLICE POWERS) AMENDMENT (PREVENTATIVE DETENTION) BILL raised his concern of the reputation of the Australian Federal Police, in particular the reputation of its head Commissioner Mick Keelty in regard to comments he made the time of Schapelle Corby trial in Bali.

Mr. Newell said, he could only described Commissioner Mick Keelty comments as embarrassing to Australians generally.

Mr. Newell said, The head of the Australian Federal Police has, to date, has not retracted the comments he made at the time of the Schapelle Corby trial in Bali. In my view he would be in contempt of court if that trial had been held in Australia.

Mr. Newell said, At the time of that trial Commissioner Keelty stated that drugs were not being processed through the Australian airport system, and he has not retracted that statement, despite recent arrests in that regard.

Mr. Newell said, The head of the Australian Federal Police is someone we are meant to have a lot of faith in, it makes me wonder what sort of person he is, whether he is on top of his brief and understands what he is meant to do and not to do. I do not know whether he is a buffoon or just a patsy of the Federal Government.

AFP responds to allegations of a cover up...... (April 2006 next page)

the schapelle corby files

Documents

schapelle leaves

corby family

boogie board bag

michael corby states

yellow boogie board

media demonized lindy

lindy chamberlain trial

media dehumanization