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News (Media Awareness Project) - Australia: Corby's Appeal Rejected
Title:Australia: Corby's Appeal Rejected
Published On:2006-09-13
Source:Sydney Morning Herald (Australia)
Fetched On:2008-01-13 03:29:42
CORBY'S APPEAL REJECTED BY PROSECUTOR

Indonesian prosecutors rejecting Schapelle Corby's last ditch appeal
say there was no need for police to fingerprint the bodyboard bag in
which she's alleged to have concealed 4.1kg of marijuana.

"There was no need for fingerprinting because the evidence was
inside the convict's bag," said prosecutor Suhadi (Suhadi), in his
written rejection of Corby's bid to overturn her 20-year sentence
for drug smuggling.

Corby last month applied to Indonesia's Supreme Court for a judicial
review of her case - the last chance court appeal before she pleads
for clemency.

She insists the marijuana found in her bodyboard bag at Denpasar
airport in October 2004 was planted by members of a drug ring
operating at Australian airports.

One plank of her final appeal was that as police had not checked for
fingerprints on the plastic bag containing the marijuana,
prosecutors had failed to prove she was a drug smuggler.

But Suhadi, in his response to the Corby appeal filed with the
Denpasar District Court today, rejected the argument.

"That is not an argument but a mere conclusion by the appealer
because the appealer has no evidence to show that the bodyboard bag
with marijuana in it is not hers."

Suhadi also said Corby's lawyers had argued that importation could
only occur if organised and conducted by a high-scale drugs business network.

"Narcotics importation is by nature forbidden, whether it is in big
amount or small amount, it is the same thing," he said.

Hopes by Corby's lawyers that airport closed circuit TV footage
might clear their client were dashed during the appeal hearings.

A letter from Justice Minister Chris Ellison said there was no CCTV
footage from Sydney airport to back claims the marijuana had been planted.

The arguments by Corby's lawyers, and
prosecutors' counter-arguments, will be sent to the Supreme Court
in Jakarta, which will rule whether there is enough reason to
reopen her case.
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