Thread: Rudd in bid to free boy, 14, after Bali drugs arrest

Bali teen's father returns with 'drug records'

The father of a NSW teenager arrested for allegedly buying cannabis in Bali arrived back on the island last night, heading straight to the Denpasar police station where his son has been held for 10 days.

The man has brought medical records and other documents that show the 14-year-old schoolboy has a history of drug use and his problems have been brought to the attention of the relevant authorities in Australia previously.

The evidence is crucial to the youth's defence under section 128.2 of Indonesia's drug laws, which allows juveniles to escape a prison term if they are "addicts" and their parents have taken steps to address their drug abuse.

The father refused to answer questions as he was met at the airport by an Australian diplomat.

The boy's mother has stayed in an adjoining room for the past nine days.

The boy and his mother are said to be holding up well under the stress.

Prosecutors have given the green light for the boy to avoid a stint in Kerobokan prison, providing his family and lawyers can guarantee he will not run away, repeat offend or destroy evidence.

The comments from two senior prosecutors are critical because they will most likely take over the case from police this week and will determine where the boy is held while he awaits a court appearance.

The boy was arrested on Tuesday last week, allegedly with 3.6 grams of cannabis in his possession and will spend his 10th day police custody today. He is alone in a cell.

I imagine having a quiet holiday at home is on the cards next year, rather than going back to Bali.

Positive drug test supports Bali boy's 'addiction' defence


THE 14-year-old Australian facing drug charges in Bali has tested positive for cannabis, something prosecutors say will help his case immensely.

But the teenager - who has spent two weeks in custody - is likely to serve at least a brief stint in Kerobokan prison while awaiting a court appearance.

Police handed prosecutors their brief of evidence for the youth from Morisset Park in Lake Macquarie yesterday, revealing that blood and urine tests had come back positive. The tests also showed the drug the boy allegedly bought was cannabis. The dossier contains medical records from Australia showing the boy had a history of drug use and that his condition had been referred to authorities.

''The medical records really help, it proves he's a user,'' said the lead prosecutor, I Gusti Gede Putu Atmaja. ''The lab test also helps. It will help the boy to get lighter sentence.''

The youth faces three possible charges under Indonesia's drug laws. Two of the charges carry prison terms for juveniles of between two and six years, while a third would allow him to be set free as an ''addict'' to continue his rehabilitation.

It is this last charge for which the medical records and drug test results are so important.

Defence lawyers say they are negotiating with prosecutors for the boy to avoid Kerobokan and are offering the Australian consul-general and the law firm itself as guarantors that the boy will not abscond or misbehave.

Bloody parents letting their kid run wild need to be reminded with a jail term themselves that he is under age and they are responsible for his actions.Maybe a whack across his backside by one of the police canes as well would make him think twice if tempted again.

Bizarre Bali drug boy parade




Boy in the mask ... the teenager charged with drug offences in Bali attends a press conference after moving jails yesterday. Photo: Hansel Nashyo


THE 14-year-old boy facing drug charges in Bali spent last night with asylum seekers in an immigration detention centre after being suddenly shifted from his police cell following the intervention of Indonesia’s Justice Minister.

Shielding his face from the cameras, the teenager wore a half balaclava, sunglasses and hat as he arrived at the facility at Jimbaran Bay, which has recently been rebuilt after asylum seekers burnt much of it down last year.

In bizarre scenes, the teenager from Morisset Park on Lake Macquarie was even required to attend a press conference where the move was explained, although he did not say anything and reporters were requested not to ask questions.

Taswem Taribh, the head of the Bali office of the Justice Ministry, said the teenager had been moved in dramatic circumstances.

‘‘After a brief, incognito visit from Minister of Justice and Human Rights Amir Syamsuddin earlier today to Kerobokan prison, [he decided] that the situation in Kerobokan was inhumane,’’ Mr Taswem said. ‘‘There’s no more space, it’s inhumane. He’s a juvenile, and here the food is good, and he will also be able to play, like a young person.’’

The youth will have his own cell and his parents will be able to stay next to him as he awaits his court appearance. His lawyers hope to convince the judge the teenager is an addict and should be freed for rehabilitation in the care of his parents.

The immigration centre is austere but a vast improvement on crowded Kerobokan prison, where the boy could have gone. There are 36asylum seekers staying there from Iran, Iraq and Afghanistan. Among them are several children.

His lawyer, Mohammad Rifan, said the boy was upset and stressed while being paraded in front of media, but a much better outcome was achieved.

‘‘The detention over here is much better than in the police [cells] and in the Kerobokan,’’ he said after delivering the boy to the new facility. ‘‘I ask him not to worry. He’s quite happy with my explanation because I already check inside. Much, much better.’’

The schoolboy was arrested on October4 after allegedly purchasing 3.6 grams of marijuana while on holidays in Bali with his parents. He faces three charges, two of which carry prison terms. He is expected to go to trial within weeks.

Bali boy may be home next week


Released from his prison cell on Saturday after the dramatic intervention of Indonesia's Justice Minister and Police Chief, the boy is now living in an immigration detention centre, where he is spending time playing soccer and video games with the young asylum seekers there.

According to diplomatic and legal sources, there is now a push by the youth's legal team to free him within days. His lawyers argue there is clear legal precedent for a full court hearing to be avoided because he is a minor with a history of drug use.


Public face ... the masked youth appears before the media. Photo: Hansel Nashyo

If they succeed, and his lawyers concede it will not be easy, any decision will likely have to be sanctioned by the authorities in Jakarta because the case has developed a high profile.

The Justice Minister, Amir Syamsuddin, has shown his preparedness to intervene to protect the boy but may be unwilling to show any more special treatment.

There are nine Indonesian minors in Kerobokan prison and some local media are pointing to a double standard in how the NSW teenager has been treated.

There was also a demonstration outside the Australian embassy yesterday calling for the release of Indonesian juveniles in Australian prisons. As many as 50 remain in detention in Australia after being arrested for crewing people smuggling vessels.

It has been three weeks since the teenager was arrested after allegedly buying 3.6 grams of cannabis near Kuta beach.

Officials fast-track accused teen's Bali drug trial

DENPASAR: The Australian teenager allegedly caught with marijuana in Bali will face trial next week as Indonesian authorities fast-track his case and vow to make his court appearance as stress-free as possible.

A judge, Amser Simanjuntak, was appointed to handle the case after prosecutors formally registered the case with Denpasar district court yesterday.

''The trial will be closed, closed to public. Not just the media,'' he said. ''All juvenile trials are closed to the media. It's for the child's welfare. It's part of the child protection law.''

The 14-year-old, from Morisset Park, near Newcastle, has been in custody for more than three weeks and, according to his lawyers, was upset at being paraded in front of the media on Saturday wearing a balaclava and sunglasses.

On Tuesday he was forced to run the gauntlet of a large media pack on two occasions as he met prosecutors.

As well as outsiders being barred from the hearing, it will be heard by only one judge, rather than a panel. Those in the court will not don legal robes to cut the intimidation factor.

The boy is being held in an immigration facility.

What a media beat up this is.A kid with a couple of joints who cares.
Abu Bakar Bashir has just had his sentence reduced.
Apparently a kid with a bit of pot is more of a danger to indonesia's way of life than a terriost what a load of hot cock.

Appeal slashes Abu Bakar Bashir jail time

Bali teen 'legal guinea pig'



THE Australian teenager facing trial tomorrow in Bali for drugs offences has become a legal guinea pig for Indonesia's new drug laws which punish dealers but show considerable leniency to users.

The 14-year-old has a strong case to be released immediately under the 2009 statute, but his chances of returning home this week are complicated by a lack of regulation governing the laws.

Allegedly caught with a small quantity of cannabis as he left a Kuta massage parlour almost four weeks ago, the youth faces three charges for the alleged offence and the court has to settle on which it feels is most appropriate.

Two of the charges carry possible prison terms, but the other, under article 128.2, will allow him to be released without charge if he has a history of drug use and his parents have previously reported the problem to authorities.

The Morisset Park teenager has compelling evidence that he satisfies the article.

But article 128.2 has never been used in Bali before and perhaps anywhere in Indonesia. The fact that the boy is a foreigner complicates matters further. The judge, Amser Simanjuntak, who will preside over the matter, says much of the regulation about how to deal with the new drug laws has yet to be introduced.

''Any new law introduced will be followed by government or ministerial regulation, but this can take a long time. What do we do in the meantime?'' he said before his appointment to the case.

Wary of the lack of clear regulations, the judge and prosecutors may opt for one of the two other potential charges hanging over the boy, for possession and drug use. Both carry prison terms, although the drug use charge carries no minimum sentence.

If found guilty under either of these two charges, the schoolboy could face a short prison term, but more likely would be released on the basis of time served.

The judge also has the power to command no prison term, no matter what the offence, under Indonesia's statutes for cases involving juveniles

Originally Posted by bobo746

What a media beat up this is.A kid with a couple of joints who cares.
Abu Bakar Bashir has just had his sentence reduced.
Apparently a kid with a bit of pot is more of a danger to indonesia's way of life than a terriost what a load of hot cock.

Appeal slashes Abu Bakar Bashir jail time

Man, you'd think we're living in the Dark Ages when it comes to pot laws. Like a little bit of herb is a heavy criminal matter. Then again, this case is most probably 100% Political and the Indo's have a gripe with OZ.

Teary teenager begs Bali court to go home

The Australian teenager facing drugs charges in Bali has begged a Denpasar court to be allowed to go home in a teary testimony during which he admitted he found it difficult to stop smoking cannabis.

At the second day of the 14-year-old's trial, his father revealed he made his son change schools to avoid a crowd who consumed drugs and had come to Bali to get his son away from bad influences.

"He cried. His mum [was] crying too," said I Gusti Gede Putu Atmaja, the lead prosecutor.

"The boy said he used that stuff in Australia. He really tried to stop but he couldn't yet ...

"The father take [sic] him to Bali with his friend, a good boy, to protect him, not to use that drug any more."

It also emerged that the youth had twice come to the attention of NSW Police due to his drug taking.

The teenager is on trial after allegedly buying 3.6 grams of cannabis in Bali, a crime he had admitted in court.

"He's so guilty; he's so sorry with himself for what he done in Bali," Mr Atmaja said.

Mr Atmaja would not reveal what sentence he would demand when the court reconvened on Friday next week.

The boy's lawyers want him released immediately on the grounds he is an addict in need of rehabilitation.

His father told the court he had already organised a clinic to help him in Australia.

Christmas fear: prosecutors seek three-month term for Bali drug boy

November 11, 2011 - 2:29PM

The Australian teenager arrested in Bali for possession of cannabis could spend Christmas in Indonesian detention after prosecutors demanded he serve a three-month custodial term.

The sentence request, an instruction from the Attorney-General's department in Jakata, is a blow to the 14-year-old and his counsel, who had been optimistic the boy would be released immediately after his trial.

Judge Amser Simanjuntak confirmed the sentence demand to Fairfax Media and said he would deliver his verdict on November 25.

Under Indonesian law, Judge Simanjuntak has the power to waive any custodial sentence for a juvenile no matter what the offence.

But he can also impose a sentence higher than requested by prosecutors. Either way, the boy will remain in detention when Prime Minister Julia Gillard visits Bali for the East Asia summit next week.

The Australian government has lobbied hard to get the boy released as soon as possible, with Ms Gillard speaking to the youth soon after his arrest.

Chief prosecutor I Gusti Gede Putu Atmaja said he made he request because the boy did not have a "permit" and had therefore committed a "criminal offence".

Last week, Mr Atmaja said he wanted the boy to return to school and was highly sympathetic to his plight and his addiction to marijuana.

The boy left the court slowly as his legal team expressed their shock at the stance of the prosecutors.

The boy and his family cried after they heard the sentence demand and were "very shocked", their lawyer Mohammad Rifan said.

Mr Rifan said it was hoped the judge would reduce the sentence demand.

The sentence demand comes after controversy about reports, since denied, that the youth's family had secured a deal worth up to $300,000 to tell their story to Nine Entertainment Co.

The reports provoked a storm of criticism and was seen to undermine the boy's chances of swift release, even though the judge and prosecutors said it would not influence their decision.

The teenager, from Morisset Park near Newcastle, was last month indicted on three charges after he was allegedly caught with 3.6 grams of marijuana when police swooped on him outside a supermarket near Kuta Beach in Bali on October 4.

The schoolboy has admitted he purchased the drugs but argued he is an addict who should be returned immediately to Australia for rehabilitation.

He tearfully vowed to the court that he would stop his marijuana smoking.

The boy had been indicted under three possible charges: possession, use or as an addict who had previously sought treatment.

The possession charge carried a maximum six-year term and minimum of two years for a juvenile.

As a user, a juvenile faces a maximum two-year term (with no minimum) while an addict should be let go with no charge.

Prosecutors have asked that he be dealt with under article 127 of Indonesia's narcotics laws, reserved for long-term drug users.

- with AAP

Originally Posted by Bazzy

Originally Posted by harrybarracuda

My teenager was wandering around Chiang Mai on his own quite happily and I trusted him to do so. A tuk tuk driver did try and flog him a bag of grass but he had the good sense to get out of the situation sharpish.

Not many kids at that age have sense 100% of the time. Youthful testosterone, coupled with a foreign legal system, no mercy, bad luck.

Very harsh treatment for a relatively victimless crime, but that's their system.

Its a phase thing, just like when they were three with all that pent-up curiosity with no sense of danger, their teen years is when they learn that actions have life altering consequences and mommy and daddy cannot always help. until they learn that they tend to have this sense of invulnerability that can be quite worrying.
This lads obviously one of those people, unlike harry barracuda's son, who likes his lessons the hard way.

Originally Posted by Bazzy

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As a user, a juvenile faces a maximum two-year term (with no minimum) while an addict should be let go with no charge.

is there really such a thing as marijuana addiction or is it just weak will and mind?
Does he get the shakes and cravings if he doesnt have it, is he forced to do additional crime to support the habit?
How is he going in prison at the moment unable to feed this terrible addiction he is supposed to have ?

Originally Posted by boatboy

is there really such a thing as marijuana addiction or is it just weak will and mind?
Does he get the shakes and cravings if he doesnt have it, is he forced to do additional crime to support the habit?

Fair questions, but this is the Indionesian legal system that says that there is such a thing as "addiction to ganga".

Originally Posted by Bazzy

Originally Posted by boatboy

is there really such a thing as marijuana addiction or is it just weak will and mind?
Does he get the shakes and cravings if he doesnt have it, is he forced to do additional crime to support the habit?

Fair questions, but this is the Indionesian legal system that says that there is such a thing as "addiction to ganga".

Luck lad then isn't he, if there was no addiction to dope in their system he would get the penalty for possession which is a whole lot harsher.