Australia's Geheim Staats Polizei
MARK BANNERMAN: The Federal Court in Darwin has been given extensive new details of the heroin trafficking operation involving nine Australians now on drug charges in Bali.
Four of the nine, arrested at Bali Airport in April, are taking action against the Australian Federal Police who tipped off their Indonesian colleagues to alert them to the smuggling ring.
Their lawyers argue the AFP acted illegally when they gave information to Indonesian police. A series of affidavits was tendered in court today, outlining in detail the cooperation between Australian and Indonesian police in those days and weeks before their arrest.
Anne Barker reports from Darwin.
ANNE BARKER: The four accused - Scott Rush, Renae Lawrence, Michael Czugaj and Martin Stephens - were the so-called drug "mules" arrested at Denpasar Airport in April, with kilograms of heroin allegedly taped to their bodies
Their trials began in Bali's District Court last month, and if convicted all four could face death by a firing squad
But in the Federal Court in Darwin, lawyers are arguing that Australian Federal Police acted illegally by giving information to Indonesian police that helped lead to their arrests.
Colin McDonald QC said the case raised serious issues about the legality of Federal Police actions which exposed the four to "the very real risk of the death penalty".
At the heart of the case is a letter that Federal Police Liaison Officer Paul Hunniford wrote to Indonesia's police chief, General Made Pastika, on April the 8th this year, the week before the arrests.
The letter, a copy of which was translated and tendered in court, shows that Federal Police gave considerable information to the Indonesians to assist their investigation of all nine Australians arrested that month.
"There is a group of people suspected of importing narcotics," it says, "from Bali to Australia, by employing people who will individually carry body packs tied to their legs and backs."
The letter says the group originally planned to import the drugs last December, but were forced to cancel their plan because they had insufficient money to buy the heroin
They'd returned to Australia, Mr Hunniford said, and planned to return to Bali in three to six months' time.
He went on, "these couriers were instructed not to smoke for a week before they undertook their journey because they would not be permitted to smoke during the return trip, as this would cause them to appear jittery and nervous".
The letter continued, "the members of the group have been provided with money to exchange for local currency so that they can buy oversized clothes plus sandals. Their clothes and sandals are not permitted to contain any metal, to avoid metal detectors at the airport.
And it went on, "when on the return trip they're going through customs, they have been ordered to carry wooden carvings to be declared with quarantine so they can bypass the customs officials."
Paul Hunniford identified the suspected couriers and details of their planned return to Australia in mid-April.
Five were due to return on April the 14th, among them Andrew Chan, who was expected to take the drugs as soon as they arrived.
The letter formally requested Indonesian police carry out surveillance of the drug couriers, to help Australian police identify the source of the drugs in Indonesia and the organisers back in Australia.
It also asked for photographs of any meetings in Bali "so that they can possibly be used in the court process here," he said.
In Darwin today Colin McDonald QC, for the airport four, told the court that the letter showed that on April the 8th, a week before the arrests, Australian Federal Police clearly contemplated court action in Indonesia.
He said it was common knowledge that Australians caught with drugs in Indonesia could face a firing squad.
Yet he said an Australian treaty with Indonesia, on assistance in criminal matters, spelt out that such assistance should be refused by Australia in cases that involved the death penalty.
The case will continue tomorrow.
Four of the nine, arrested at Bali Airport in April, are taking action against the Australian Federal Police who tipped off their Indonesian colleagues to alert them to the smuggling ring.
Their lawyers argue the AFP acted illegally when they gave information to Indonesian police. A series of affidavits was tendered in court today, outlining in detail the cooperation between Australian and Indonesian police in those days and weeks before their arrest.
Anne Barker reports from Darwin.
ANNE BARKER: The four accused - Scott Rush, Renae Lawrence, Michael Czugaj and Martin Stephens - were the so-called drug "mules" arrested at Denpasar Airport in April, with kilograms of heroin allegedly taped to their bodies
Their trials began in Bali's District Court last month, and if convicted all four could face death by a firing squad
But in the Federal Court in Darwin, lawyers are arguing that Australian Federal Police acted illegally by giving information to Indonesian police that helped lead to their arrests.
Colin McDonald QC said the case raised serious issues about the legality of Federal Police actions which exposed the four to "the very real risk of the death penalty".
At the heart of the case is a letter that Federal Police Liaison Officer Paul Hunniford wrote to Indonesia's police chief, General Made Pastika, on April the 8th this year, the week before the arrests.
The letter, a copy of which was translated and tendered in court, shows that Federal Police gave considerable information to the Indonesians to assist their investigation of all nine Australians arrested that month.
"There is a group of people suspected of importing narcotics," it says, "from Bali to Australia, by employing people who will individually carry body packs tied to their legs and backs."
The letter says the group originally planned to import the drugs last December, but were forced to cancel their plan because they had insufficient money to buy the heroin
They'd returned to Australia, Mr Hunniford said, and planned to return to Bali in three to six months' time.
He went on, "these couriers were instructed not to smoke for a week before they undertook their journey because they would not be permitted to smoke during the return trip, as this would cause them to appear jittery and nervous".
The letter continued, "the members of the group have been provided with money to exchange for local currency so that they can buy oversized clothes plus sandals. Their clothes and sandals are not permitted to contain any metal, to avoid metal detectors at the airport.
And it went on, "when on the return trip they're going through customs, they have been ordered to carry wooden carvings to be declared with quarantine so they can bypass the customs officials."
Paul Hunniford identified the suspected couriers and details of their planned return to Australia in mid-April.
Five were due to return on April the 14th, among them Andrew Chan, who was expected to take the drugs as soon as they arrived.
The letter formally requested Indonesian police carry out surveillance of the drug couriers, to help Australian police identify the source of the drugs in Indonesia and the organisers back in Australia.
It also asked for photographs of any meetings in Bali "so that they can possibly be used in the court process here," he said.
In Darwin today Colin McDonald QC, for the airport four, told the court that the letter showed that on April the 8th, a week before the arrests, Australian Federal Police clearly contemplated court action in Indonesia.
He said it was common knowledge that Australians caught with drugs in Indonesia could face a firing squad.
Yet he said an Australian treaty with Indonesia, on assistance in criminal matters, spelt out that such assistance should be refused by Australia in cases that involved the death penalty.
The case will continue tomorrow.
posted by professor rat at 5:14 AM
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