January 19th, 2006, 17:31
Corby's 20-year jail term reinstated
Thursday Jan 19 20:41 AEDT
Schapelle Corby's fate could lie with Indonesia's president after the country's highest court rejected her appeal against her drug smuggling conviction and reinstated her original 20-year jail term.
Her Bali lawyer Erwin Siregar confirmed the devastating blow to Corby's hopes of freedom.
In Jakarta, her chief lawyer Hotman Paris Hutapea bitterly complained her case was in ruins and said he might quit her legal team.
In rejecting Corby's appeal, the Indonesian Supreme Court sided with a counter appeal by prosecutors and reversed a lower appeals court decision that last year cut her sentence to 15 years.
News of the decision broke just hours after Corby's half-brother James Sioeli Kisina faced a Queensland court accused of exporting cannabis - allegations his lawyer vowed to fight.
Police made the allegations in an affidavit as he appeared in court on other drug and assault charges.
Kisina's case could not have had any bearing on the Indonesian court's decision, which was made last week before his arrest.
Kisina has always maintained his sister's innocence, having been on the flight that took her to Bali on October 8, 2004 when she was arrested by Indonesian customs officials with 4.1kg of marijuana in her bag.
Corby's fate might now lie with President Susilo Bambang Yudhoyono, who has promoted himself as a tough anti-drugs campaigner.
Legal sources in Bali suggested the Gold Coast woman could now ask the head of state to pardon her.
But she would first have to admit she was guilty of smuggling the drugs into Bali's airport.
If she opts to maintain her innocence, she can go back to the supreme court and request a judicial review by a new panel of senior judges.
However, she would have to point to technical errors in the legal process or the emergence of new evidence.
It was unclear whether Corby, who is locked up in Bali's Kerobokan Prison, knows of her appeal's failure or what course she might pursue.
Siregar said he had been told verbally about the supreme court decision, but had not seen any documents.
"I have heard from a trusted source that it is indeed true," he told AAP.
"The sentence has been raised from 15 to 20 years.
"I heard the (supreme court) document is on the way from Jakarta to Denpasar now."
Prosecutor Ni Wayan Sinaryati said she had only heard the news from the media.
"If you find out anything about it, please let me know," she said when contacted by AAP.
A spokesman for the Denpasar District Court, I Wayan Yasa Adadhi, said authorities in Bali also had not received official word of the decision.
Supreme court officials in Jakarta declined to comment.
Hotman sent a text message to AAP saying the latest developments might force him to "resign this case".
Earlier, he said the arrest of Corby's half brother had "ruined" his attempt to free her.
Hotman also hit out at the Australian government, accusing it of mishandling her case from the outset.
Thursday Jan 19 20:41 AEDT
Schapelle Corby's fate could lie with Indonesia's president after the country's highest court rejected her appeal against her drug smuggling conviction and reinstated her original 20-year jail term.
Her Bali lawyer Erwin Siregar confirmed the devastating blow to Corby's hopes of freedom.
In Jakarta, her chief lawyer Hotman Paris Hutapea bitterly complained her case was in ruins and said he might quit her legal team.
In rejecting Corby's appeal, the Indonesian Supreme Court sided with a counter appeal by prosecutors and reversed a lower appeals court decision that last year cut her sentence to 15 years.
News of the decision broke just hours after Corby's half-brother James Sioeli Kisina faced a Queensland court accused of exporting cannabis - allegations his lawyer vowed to fight.
Police made the allegations in an affidavit as he appeared in court on other drug and assault charges.
Kisina's case could not have had any bearing on the Indonesian court's decision, which was made last week before his arrest.
Kisina has always maintained his sister's innocence, having been on the flight that took her to Bali on October 8, 2004 when she was arrested by Indonesian customs officials with 4.1kg of marijuana in her bag.
Corby's fate might now lie with President Susilo Bambang Yudhoyono, who has promoted himself as a tough anti-drugs campaigner.
Legal sources in Bali suggested the Gold Coast woman could now ask the head of state to pardon her.
But she would first have to admit she was guilty of smuggling the drugs into Bali's airport.
If she opts to maintain her innocence, she can go back to the supreme court and request a judicial review by a new panel of senior judges.
However, she would have to point to technical errors in the legal process or the emergence of new evidence.
It was unclear whether Corby, who is locked up in Bali's Kerobokan Prison, knows of her appeal's failure or what course she might pursue.
Siregar said he had been told verbally about the supreme court decision, but had not seen any documents.
"I have heard from a trusted source that it is indeed true," he told AAP.
"The sentence has been raised from 15 to 20 years.
"I heard the (supreme court) document is on the way from Jakarta to Denpasar now."
Prosecutor Ni Wayan Sinaryati said she had only heard the news from the media.
"If you find out anything about it, please let me know," she said when contacted by AAP.
A spokesman for the Denpasar District Court, I Wayan Yasa Adadhi, said authorities in Bali also had not received official word of the decision.
Supreme court officials in Jakarta declined to comment.
Hotman sent a text message to AAP saying the latest developments might force him to "resign this case".
Earlier, he said the arrest of Corby's half brother had "ruined" his attempt to free her.
Hotman also hit out at the Australian government, accusing it of mishandling her case from the outset.