Posted on 07/05/2005 6:30:59 PM PDT by wagglebee
APPEAL court judges in Bali have agreed to reopen Schapelle Corby's case and allow new evidence from a dozen defence witnesses, including a prisoner who had allegedly admitted owning the marijuana stash Corby was caught with.
In a highly unusual step, the Bali High Court chief judge Made Lingga said yesterday he would allow Corby's lawyers to present new witnesses, who would back the former Gold Coast beauty student's claims that she did not know about 4.1kg of marijuana found in her bodyboard bag at Bali airport last October 8.
Judge Lingga said that after reviewing the lower court decision to sentence Corby to 20 years' jail, he believed the original hearing had been "clear enough" and properly conducted.
But he said he would instruct the same three judges who presided over the original trial in the Denpasar District Court to reopen hearings and take evidence from any new witnesses who could be found.
"Of the 12 witnesses proposed by the lawyers, they said there was one who was the owner of the marijuana," Judge Lingga said.
"There is a possibility she could be freed if the alibi is true.
"This order is granted on behalf of Corby's lawyers who have asked for a fresh examination with witnesses who may add favour to leniency requests for the convicted."
At least a dozen additional witnesses, including Australian prisoners, Customs officials, Qantas check-in staff, airport security staff, Bali's drug squad chief and eminent Indonesian legal experts, were listed by the defence in the appeal documents.
Corby's chief lawyer Hotman Paris Hutapea called on Canberra last night to assist with getting the new witnesses to court.
"This is the result of my hard work," Mr Hutapea said.
"My message is to John Howard and the Australian public: if Corby is not released, it will be mostly because of your Government's unwillingness to help.
"We Indonesians, including the High Court, now give a chance, so please do not blame the Indonesian court and Indonesian people any more."
Corby and her lawyers have repeatedly insisted she was the unwitting courier for a drug smuggling gang using Australia's airports and corrupt baggage handlers to shift narcotics between Brisbane and Sydney using unlocked passenger luggage.
During her original trial, the federal and Victorian authorities allowed Victorian prisoner John Ford to travel to Bali and tell the court how he overheard a jail cell conversation about Corby being an unsuspecting drug "mule" used by the gang.
The defence team wants the Australian prisoners "Terry" and "Paul" to testify they knew someone had planted the drugs in Corby's luggage.
Ford also implicated prisoner Ronnie Vigenza. However, Ford's testimony was dismissed as hearsay by the trial judges.
The Australian Federal Police investigated the allegations, interviewing many of the airport workers on duty at Brisbane and Sydney on the morning her luggage was loaded for Denpasar, and found nothing to substantiate Ford's version of events.
The Howard Government immediately offered to assist Ms Corby's legal team, including providing financial assistance to fly witnesses to Indonesia.
But the Government is not able to compel witnesses to give evidence and also requires a request from the Indonesian Government under a "mutual assistance" treaty.
Attorney-General Philip Ruddock said yesterday if there were witnesses willing to give evidence in Indonesia, the Government would not stand in their way.
"Obviously if we receive any requests in relation to assistance to help meet fares and so on and it is relevant, somebody has relevant evidence to offer and the matter is one in which the Government is assisting in meeting legal expenses, those sort of expenses could be considered," he said.
"But that would be the only extent to which the Government would be involved."
No date has been set for the new hearing, but defence lawyers said it could begin as early as mid-July.
The Denpasar District Court would then send a report on the new testimony to the High Court, for consideration as part of the appeal.
Australian QC Mark Trowell, who was called in to assist Corby's team, said he was delighted by the development.
"It's good to see a lot of hard work has paid off for her," he said.
Last night Corby sat in her Bali jail cell unaware of the decision to reopen her case, her mother Rosleigh Rose said.
"No one has been able to get to see her ... since visiting time," she told the Nine Network. "I just felt like crying, but happy crying ... such mixed emotions.
"I'm not worried it's going to backfire. There was so much that was not done last time."
Indonesian legal experts have described Corby's 20-year sentence as on the lighter side and warn that the High Court may impose a more severe penalty.
Meanwhile, an Adelaide man facing up to 10 years in a Bali prison for drug possession has denied owning a stash of hashish allegedly found at his rented bungalow.
John Julian Pyle, 42, is an internet businessman and frequent Bali visitor who is on the anti-drugs education committee of the Ubud Rotary Club.
He faces a maximum of 10 years' jail if found guilty of possessing 1.8g of hashish.
Pyle, whose trial began yesterday, has admitted owning 0.8g of the drug found at his bungalow in Gianyar, just outside the mountain tourist village of Ubud in early May, his lawyer Rifan Mohammad said.
But he denied owning the other 1g, saying it had belonged to an Indonesian woman he met at a bar in Ubud and took back to his bungalow, Mr Mohammad said.
"He had some girl come to his house, and that girl brought that 1g of hash," Mr Mohammad said after the charges against Mr Pyle were read out in Gianyar District Court.
The woman's full identity and whereabouts are not known.
I guess they're almost done raping her.
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