AFP depraved - indifferent
Bali 9 mum 'shocked' at AFP - From: AAP - By Karen Michelmore
THE mother of a teenager facing the death penalty in Indonesia said she felt shocked and disillusioned when she learned the Australian Federal Police (AFP) had helped Bali authorities arrest her son.
Christine Rush, whose 19-year-old son Scott faces the firing squad if convicted of being a drug mule, said in an affidavit the family had pleaded for assistance with the AFP before he left Australia for Indonesia.
"The inaction of not warning our son, contrary to our request in Australia, shows a callous disregard for the life of an immature, untravelled Australian citizen," she said in the affidavit before the Federal Court in Darwin.
"He is now facing charges which carry a maximum penalty of the death sentence because of this inaction and so-called cooperation."
Rush and three other alleged Bali Nine drug mules are taking legal action in the Federal Court against the AFP, seeking access to documents related to their arrest.
All four - the others are Renae Lawrence, Martin Stephens and Michael Czugaj - were arrested at Denpasar airport in April with heroin allegedly strapped to their bodies.
They may face the death penalty if they are found guilty in trials being held in Bali.
A lawyer for the four, Colin McDonald, QC, told the Federal Court today the AFP had issued an "invitation" to the Indonesian authorities to arrest the Australians in a letter dated April 8, 2005 - nine days before their arrest.
The letter, from AFP senior liaison officer Paul Hunniford, asked Indonesian authorities for assistance, including placing the suspected couriers under surveillance.
"If there is a suspicion that ... the couriers are carrying the illegal narcotics at the time of their departure, please take whatever action that you consider necessary," the letter said.
The letter contained names, passport information and dates of birth for several suspected couriers.
Mr McDonald told the court the provision of assistance by the AFP to Indonesian police was "unsolicited and therefore unlawful".
He said the actions of the AFP had exposed the four to the very real risk of the death penalty, even though the Australian Government and Australian law was firmly against capital punishment.
Under a current agreement between Australia and Indonesia, only the Attorney General had the power to grant assistance to overseas authorities in death penalty cases, he said.
"We say that the potential illegality here is that the AFP have purported to carry out a function to request assistance of a criminal matter from Indonesia which they had no power to take," he said.
"That was for the Attorney General on behalf of Australia to take."
The Federal Government has denied the AFP acted unlawfully, and has defended the actions of the force in providing information to Indonesia, saying Australia could not act selectively.
The hearing continues tomorrow.
THE mother of a teenager facing the death penalty in Indonesia said she felt shocked and disillusioned when she learned the Australian Federal Police (AFP) had helped Bali authorities arrest her son.
Christine Rush, whose 19-year-old son Scott faces the firing squad if convicted of being a drug mule, said in an affidavit the family had pleaded for assistance with the AFP before he left Australia for Indonesia.
"The inaction of not warning our son, contrary to our request in Australia, shows a callous disregard for the life of an immature, untravelled Australian citizen," she said in the affidavit before the Federal Court in Darwin.
"He is now facing charges which carry a maximum penalty of the death sentence because of this inaction and so-called cooperation."
Rush and three other alleged Bali Nine drug mules are taking legal action in the Federal Court against the AFP, seeking access to documents related to their arrest.
All four - the others are Renae Lawrence, Martin Stephens and Michael Czugaj - were arrested at Denpasar airport in April with heroin allegedly strapped to their bodies.
They may face the death penalty if they are found guilty in trials being held in Bali.
A lawyer for the four, Colin McDonald, QC, told the Federal Court today the AFP had issued an "invitation" to the Indonesian authorities to arrest the Australians in a letter dated April 8, 2005 - nine days before their arrest.
The letter, from AFP senior liaison officer Paul Hunniford, asked Indonesian authorities for assistance, including placing the suspected couriers under surveillance.
"If there is a suspicion that ... the couriers are carrying the illegal narcotics at the time of their departure, please take whatever action that you consider necessary," the letter said.
The letter contained names, passport information and dates of birth for several suspected couriers.
Mr McDonald told the court the provision of assistance by the AFP to Indonesian police was "unsolicited and therefore unlawful".
He said the actions of the AFP had exposed the four to the very real risk of the death penalty, even though the Australian Government and Australian law was firmly against capital punishment.
Under a current agreement between Australia and Indonesia, only the Attorney General had the power to grant assistance to overseas authorities in death penalty cases, he said.
"We say that the potential illegality here is that the AFP have purported to carry out a function to request assistance of a criminal matter from Indonesia which they had no power to take," he said.
"That was for the Attorney General on behalf of Australia to take."
The Federal Government has denied the AFP acted unlawfully, and has defended the actions of the force in providing information to Indonesia, saying Australia could not act selectively.
The hearing continues tomorrow.
posted by professor rat at 5:47 AM
<< Home