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HOUSE OF REPRESENTATIVES 177

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QUESTIONS IN WRITING

Ms Schapelle Corby
Flash Back -  Monday 14 March 2005

Member for Lowe (NSW)
Australian Labor Party



Ministerial Appointments
Parliamentary 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.

Answer to the above questions

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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.

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