Schapelle Corby could be able to criticise Indonesian
institutions and insist on her innocence in a potential interview about
her nine year prison ordeal, but authorities back home will try to
prevent her profiting from any TV deal.
Corrections authorities paid Corby a surprise visit on Wednesday to
check she was still staying at the luxury Bali villa where she's been in
hiding since her release from Kerobokan jail on Monday.
They found a tired Corby still there, resting in five-star comfort as
she considers whether to give her first exclusive interview to the
Seven Network, whose staff are staying at the same resort.
While Queensland Premier Campbell Newman is hoping the state's laws
can stop the drug smuggler profiting from an interview, Bali's parole
boss says she needs to be cautious.
Head of the Bali parole board, Ketut Artha, has hinted in the media
that Corby will have to be careful about what she says in case it proves
"fatal" to her parole. Any breach of her parole would put her back in
Kerobokan.
But Sunar Agus, head of corrections in Bali's law and human rights
office, says it is "her right" to be interviewed and said it wouldn't be
a problem if she used the interview to criticise Indonesia's
institutions.
"If it's criticising, I don't think so," he told AAP.
"What's forbidden is doing bad things that would lead to a law violation."
He said it would also not be a breach of her parole if she continued
to insist she was not guilty of importing 4.2kg of marijuana in 2004.
Mr Newman is looking into whether proceeds of crime laws can stop the former Gold Coast resident's big pay day.
"I am deeply concerned, in fact I am dismayed, that a convicted drug
criminal has benefited, it appears, from her criminal activity," Mr
Newman told reporters in Brisbane on Wednesday.
"I just think we need to recognise there was a trial in Indonesia,
she was appropriately convicted, she went to jail and now it appears
she's benefiting from this act and I don't think it's very
satisfactory."
He's backed up by federal law, under which Corby would have to pay
back any money earned from a media interview about her nine years in
jail.
Corby's counsellor while she's on parole, Ni Luh Putu Andiyani, was
among the officials who visited her at the Sentosa spa in Seminyak on
Wednesday and said her new charge was tired.
"The intention was to make sure that she's still there, staying in that villa," she said.
"It's true, Corby is still staying there.
"When we came, Corby was still asleep and then she woke up. She still looked tired."
Meanwhile on Wednesday, the touted first photo of Corby since her
release from jail was removed from the Woman's Day website after
publisher Bauer Media received a copyright infringement notice.
It's reported the magazine paid $20,000 for the low quality image of Corby clinking a bottle of beer with her brother Michael.
Corby's sister Mercedes has since denied she sought or received payment for the image.
Showing posts with label Politicians. Show all posts
Showing posts with label Politicians. Show all posts
Friday, July 4, 2014
Political Intervention
There was a barrage of adverse and derisive commentary from many political corners. Tony Abbott the Prime Minister of Australia, Campbell Newman the Primer of Queensland, Joe Hockey the Federal Treasurer, Foreign Minister Julie Bishop, all weighed in with opinion that would ultimately bear consequence for Schapelle Corby herself. Threats to her parole status eventually emerged from Jakarta, along with an instruction preventing her from speaking to the media: in practical terms, a gagging order.
Wednesday, July 2, 2014
ATTORNEY-GENERAL Jarrod Bleijie will take steps to block convicted drug smuggler Schapelle Corby from profiting through a $2 million deal with Channel Seven to tell her story.
Queensland Premier Campbell Newman today said he had asked Mr Bleijie to investigate whether state laws to block criminals profiting from their crimes could be applied to the Corby interview deal.
“I am
deeply concerned, in fact I’m dismayed that a convicted drug criminal
has benefited it appears from a criminal activity and I am asking the
Attorney-General to see whether the Queensland legislation, the proceeds
of crime legislation, may have some application,” Mr Newman said.
“What we are seeing here is a convicted criminal apparently benefiting from the criminal act,” he said.
“I have the greatest of respect for other countries’ justice systems and we just need to recognise that there was a trial in Indonesia, she was appropriately convicted, she went to jail, and now it appears she is benefiting from this act.
“I don’t think it is very satisfactory whether she can benefit from that.”
Corby left Indonesia’s Kerobokan Jail with her face well hidden from the media throng this week and reportedly striking a $2 million interview deal with Channel Seven.
- The Courier-Mail
- February 12, 2014
“What we are seeing here is a convicted criminal apparently benefiting from the criminal act,” he said.
“I have the greatest of respect for other countries’ justice systems and we just need to recognise that there was a trial in Indonesia, she was appropriately convicted, she went to jail, and now it appears she is benefiting from this act.
“I don’t think it is very satisfactory whether she can benefit from that.”
Corby left Indonesia’s Kerobokan Jail with her face well hidden from the media throng this week and reportedly striking a $2 million interview deal with Channel Seven.
Campbell Newman could stop Schapelle Corby being paid for interview
INDONESIAN authorities have paid Schapelle Corby an unscheduled visit.
The parole team later said Corby herself had seemed tired during their meeting and they talked mainly to Mercedes and to Widyartha.
The visit comes as critics voice their disapproval of Corby’s accommodation and reported $2 million interview deal with the Seven Network.
The governor of Kerobokan Prison, Farid Junaedi, told the Denpost newspaper that Corby would be “stupid” to do such an interview.
“On parole, she is still considered as a prisoner, though she’s free and outside,” he was quoted as saying.
“I’ve made it clear to the family that if she’s willing to be interviewed, that would be stupid of her.”
Queensland Premier Campbell Newman has also warned that his government would seek to prevent Corby from profiting from her situation.
 |
| Attorney-General Jarrod Bleijie |
“I am deeply concerned, in fact I am dismayed, that a convicted drug criminal has benefited it appears from her criminal activity,’’ Mr Newman told reporters in Brisbane today.
Mr Newman said he respected Indonesia’s justice system and its decision to convict Corby.
“I just think we need to recognise there was a trial in Indonesia, she was appropriately convicted, she went to jail and now it appears she’s benefiting from this act and I don’t think it’s very satisfactory.
“So we will look and see whether that Queensland legislation has any application.’’
His comments come after Channel Seven personalities and senior government figures voiced their opposition to the television network’s decision to pay Corby $2 million to tell her story.
Treasurer Joe Hockey and Seven star David Koch are among those who have expressed their distaste over Corby’s possible windfall.
The growing anger comes as details of the convicted drug smuggler’s parole conditions have emerged.
Corby’s parole conditions were laid down and originally signed in August last year.
In that letter, obtained by News Corp Australia, Corby made a series of pledges including to not commit any criminal acts, to not use or distribute any kind of narcotics and to report to the parole authority every month.
Corby also agreed to receive guidance from the parole team and to dress modestly and neatly for the officers.
The Prime Minister of Australia was pressing for Schapelle Corby to be silenced even before she was released on parole
Schapelle Corby should not sell her story, Tony Abbott suggests
TONY Abbott has issued a veiled caution to convicted drug smuggler Schapelle Corby not to profit by selling the story of her nine years in jail.
Corby could learn as early as tomorrow whether her bid for parole has been successful, opening the way for her release from Bali's Kerobokan prison.
If it's approved, Corby, 36, will serve her parole in the Kuta home of her sister Mercedes and her husband Wayan Widyartha.
There is speculation Corby could be paid millions of dollars for her first tell-all interview.
But the Prime Minister suggested he does not think that should happen.
"The old principle is crime should not pay,'' Mr Abbott told Fairfax Radio.
"But I don't want to say anything on this.
"I wouldn't want to prejudice the outcomes of any discussions that are going on about her tenure.''
He said Corby's case was a high-profile consular case and the ``less public comment by politicians, the better''.
Indonesia's Justice Minister Amir Syamsuddin said last night he would make a decision tomorrow on Corby's bid for parole.
"I will finalise all on Friday,'' Mr Syamsuddin said.
"All will be processed equally; no special treatment whatsoever.''
He said there were 1700 applications for parole before him and stressed the Australian's case would be treated the same as the others.
Mr Syamsuddin has already said publicly he can see no reason why Corby's parole bid should be rejected.
Her case was heard in Jakarta last week, but it's not known whether the parole board's recommendation to Mr Syamsuddin was in favour of parole.
The beauty student was 27 when she was caught in 2004 attempting to smuggle more than four kilograms of marijuana into Bali in a bodyboard bag.
She has always maintained her innocence.
TONY Abbott has issued a veiled caution to convicted drug smuggler Schapelle Corby not to profit by selling the story of her nine years in jail.
AAP
February 06, 2014
Corby could learn as early as tomorrow whether her bid for parole has been successful, opening the way for her release from Bali's Kerobokan prison.
There is speculation Corby could be paid millions of dollars for her first tell-all interview.
But the Prime Minister suggested he does not think that should happen.
"The old principle is crime should not pay,'' Mr Abbott told Fairfax Radio.
"But I don't want to say anything on this.
"I wouldn't want to prejudice the outcomes of any discussions that are going on about her tenure.''
He said Corby's case was a high-profile consular case and the ``less public comment by politicians, the better''.
 |
| Indonesia's Justice Minister Amir Syamsuddin |
"I will finalise all on Friday,'' Mr Syamsuddin said.
"All will be processed equally; no special treatment whatsoever.''
He said there were 1700 applications for parole before him and stressed the Australian's case would be treated the same as the others.
Mr Syamsuddin has already said publicly he can see no reason why Corby's parole bid should be rejected.
Her case was heard in Jakarta last week, but it's not known whether the parole board's recommendation to Mr Syamsuddin was in favour of parole.
The beauty student was 27 when she was caught in 2004 attempting to smuggle more than four kilograms of marijuana into Bali in a bodyboard bag.
She has always maintained her innocence.
Hatchet man Queensland’s attorney general, Jarrod Bleijie,
“Following legal advice, the state is not in a position to pursue the matter further but we would provide any support to the federal government if it was able and chose to do so,” Bleijie said.
Australian Treasurer Joe Hockey
Controversy over Australian Corby's TV interview deal
In making this political intervention, what "message" was Hockey
REALLY worried about? The message that Australian politicians had buried
the truth of her innocence, as proven by The Expendable Project?
 |
| Australian Treasurer Joe Hockey |
Additional reading:
Joe Hockey backs police after raids on Seven over Schapelle Corby interview
Foreign Minister Julie Bishop
| If “These are matters independent of government.’’ why was Julie Bishop intervening in such a public way?  |
| Foreign Minister Julie Bishop |
“But whether or not these circumstances arise, whether or not action is taken, will be a matter for Australian Federal Police and the Director of Public Prosecutions,’’ she told reporters in Adelaide.
“These are matters independent of government.’’
But Prime Minister Tony Abbott made a stronger stance, telling Fairfax Radio last Thursday that “crime should not pay”.
Friday, February 14, 2014
Proceeds of crime or free speech?
14th February 2014
Schapelle Corby has been a staple of news diets for almost a decade, but interest in her case exploded over the past week, with a fast-tracked telemovie giving us a refresher just days before she was released on bail before a frenzied media pack outside Kerobokan jail.
There is obviously a lot of money to be made from this story; if the rumours are true, some believe it is worth paying up to $3 million for an exclusive interview.
This doesn't sit right with a lot of people. Responding to rumours that his own network had stumped up the cash, Sunrise host David Koch slammed the decision on-air, saying, "I totally disagree with paying a convicted drug smuggler $2 million."
Among those congratulating his stance was Treasurer Joe Hockey:
But is there a case for letting Schapelle Corby keep the money?
Australia has had this debate before. When David Hicks released a memoir of his time as a prisoner at Guantanamo Bay in 2010, the profits were briefly frozen after the Commonwealth Director of Public Prosecutions launched a proceeds of crime case (the case was later dropped).
Writing at the time, Drum columnist Chris Berg argued that Hicks was being treated unfairly, and that proceeds of crime laws amounted to an attack on free speech:
There's absolutely no question if a court convicts a bank robber they shouldn't be able to keep the loot as a nest egg for when they get out of jail. In that case, the stolen money is a direct result of the crime.
By contrast, literary proceeds of crime aren't really "proceeds of crime" at all. Trading off the notoriety you gain from robbing a bank is not the same as living large on the bank's money once you get out of jail.
In fact it's quite the opposite: writing a book is an entirely legal endeavour. In fact, it's an admirable one. Any profits gained are gained honestly - writing a book is a lot of work. And if the book sells, it implies consumers have gained something from it. A profitable book is a net benefit to society, regardless of the history of the author.
No surprise: people like reading about the crooked lives of others.
When the Attorney General's Department looked at the proceeds of crime law in the late 1990s, it sensibly pointed out confiscating literary profits provides no deterrent against committing crime in the first place. It would be a very farsighted criminal who broke the law in order to write a successful book about it decades later.
Instead the department argued a more convincing basis for the measure was unjust enrichment.
Yes, it seems somewhat unfair a criminal might get a heftier book deal than the victim of their crime perhaps would.
But that sense of unfairness is not a stable enough foundation on which to limit free speech.
Thursday, February 13, 2014
That Newman's intervention was actually political, intended to help the bandwagon along, was spelled out by lawyers:
Qld would struggle getting Corby: lawyers
By Stephen Johnson AAPFebruary 13, 2014
The legal opinion comes as the state's premier Campbell Newman
seeks advice on whether Queensland can confiscate any earnings she makes
from selling her story about spending nine years in an Indonesian jail
for marijuana smuggling.
It follows speculation the 36-year-old former Gold Coast beauty therapist has secured a $2 million deal with the Seven Network.
The state can pursue Corby under the Criminal Proceeds Confiscation Act of 2002.
Regardless of what the state government does, federal authorities have the power to confiscate her earnings under laws which came into effect in 2003.
The commonwealth Proceeds of Crime Act refers specifically to literary proceeds, derived from someone selling their story or "criminal notoriety".
Queensland Bar Association president Peter Davis, QC, said federal law would apply to Corby because her Indonesian drug crime was also illegal in Australia.
"It's not where the offence was committed ... an offence against the law of the commonwealth doesn't necessarily have to occur within the commonwealth," Mr Davis told AAP.
But solicitors' peak body the Queensland Law Society says it would be difficult to pursue Corby over a crime committed overseas.
"Given the passage of time, there'd be a whole range of evidentiary issues including, 'Are witnesses still available?' ... and whether or not there's any prejudice against Schapelle because of the passage of time," criminal solicitor Dan Rogers told AAP.
Mr Rogers said a Queensland court would also have to consider whether Indonesian evidence would be admissible.
"The conviction for Corby in Indonesia wouldn't automatically mean that a state court would determine that she has engaged in illegal activity so there's effectively the potential for the re-litigation of the importation of cannabis allegation against her," he said.
Mr Newman has asked his Attorney-General Jarrod Bleijie to investigate if Corby could be stopped under Queensland's proceeds of crime laws.
"I am deeply concerned, in fact I am dismayed, that a convicted drug criminal has benefited it appears from her criminal activity," Mr Newman told reporters.
The premier said he respected Indonesia's justice system and its decision to convict Corby.
"I just think we need to recognise there was a trial in Indonesia, she was appropriately convicted, she went to jail and now it appears she's benefiting from this act and I don't think it's very satisfactory," he said.
In 2012, the Commonwealth Director of Public Prosecutions dropped a legal attempt in the NSW Supreme Court to stop David Hicks from making money out of writing a book about his time in a US military jail for giving support to terrorists overseas.
The DPP declined to comment on the Corby matter but the Australian Federal Police confirmed it is being reviewed under the commonwealth Proceeds of Crime Act.
"The AFP is actively examining this matter, but will not speculate on the likelihood of future legal proceedings," a spokesman told AAP.
It follows speculation the 36-year-old former Gold Coast beauty therapist has secured a $2 million deal with the Seven Network.
The state can pursue Corby under the Criminal Proceeds Confiscation Act of 2002.
Regardless of what the state government does, federal authorities have the power to confiscate her earnings under laws which came into effect in 2003.
The commonwealth Proceeds of Crime Act refers specifically to literary proceeds, derived from someone selling their story or "criminal notoriety".
Queensland Bar Association president Peter Davis, QC, said federal law would apply to Corby because her Indonesian drug crime was also illegal in Australia.
"It's not where the offence was committed ... an offence against the law of the commonwealth doesn't necessarily have to occur within the commonwealth," Mr Davis told AAP.
But solicitors' peak body the Queensland Law Society says it would be difficult to pursue Corby over a crime committed overseas.
"Given the passage of time, there'd be a whole range of evidentiary issues including, 'Are witnesses still available?' ... and whether or not there's any prejudice against Schapelle because of the passage of time," criminal solicitor Dan Rogers told AAP.
Mr Rogers said a Queensland court would also have to consider whether Indonesian evidence would be admissible.
"The conviction for Corby in Indonesia wouldn't automatically mean that a state court would determine that she has engaged in illegal activity so there's effectively the potential for the re-litigation of the importation of cannabis allegation against her," he said.
Mr Newman has asked his Attorney-General Jarrod Bleijie to investigate if Corby could be stopped under Queensland's proceeds of crime laws.
"I am deeply concerned, in fact I am dismayed, that a convicted drug criminal has benefited it appears from her criminal activity," Mr Newman told reporters.
The premier said he respected Indonesia's justice system and its decision to convict Corby.
"I just think we need to recognise there was a trial in Indonesia, she was appropriately convicted, she went to jail and now it appears she's benefiting from this act and I don't think it's very satisfactory," he said.
In 2012, the Commonwealth Director of Public Prosecutions dropped a legal attempt in the NSW Supreme Court to stop David Hicks from making money out of writing a book about his time in a US military jail for giving support to terrorists overseas.
The DPP declined to comment on the Corby matter but the Australian Federal Police confirmed it is being reviewed under the commonwealth Proceeds of Crime Act.
"The AFP is actively examining this matter, but will not speculate on the likelihood of future legal proceedings," a spokesman told AAP.
Wednesday, February 12, 2014
Corby, authorities, weigh TV interview
12 Feb 2014 - 2:12 AM
Corrections authorities have visited the luxury Bali villa where Schapelle Corby has been staying since her release on parole from Kerobokan jail.
Schapelle Corby: Indonesia to monitor any interview as Campbell Newman says she shouldn't 'benefit from her crime'
ABC - By Helen Brown in Bali, staff
Updated
(AFP: Sonny Tumbelaka, file photo)
An Indonesian official is being sent to the Bali
villa where Schapelle Corby is staying so they can monitor what she says
in any exclusive media interview.
She spent nine years of a 20-year sentence there after being convicted of smuggling 4.1 kilograms of marijuana into Indonesia in 2004.
No-one has heard from Corby since her release, although the Woman's Day website yesterday featured a photo of her celebrating with a beer.
It has since been removed.
It has been widely reported that Channel Seven has paid between $2 million and $3 million for the exclusive rights to the 36-year-old's story.
Channel Seven journalist Mike Willesee, who is staying at the same villa, yesterday would not be drawn on what amount, if any, Corby had been promised.
Now Jakarta ministry officials have ordered the parole office in Bali to send someone to listen to any interview given by Corby.
The director of information and media, Ayub Suratman, says Corby must tell authorities about any exclusive interview that has been arranged.
He says Corby is a client of the correctional board and should not discredit it.
Newman could try to stop Corby being paid for story
Meanwhile,
Queensland Premier Campbell Newman says he will investigate whether the
state's proceeds of crime laws can be applied to Corby.Corby's parole conditions
Schapelle Corby will have to report to her parole officer in Indonesia regularly. Parole will be revoked if she:
- Commits a crime
- Is accused of committing a crime
- Causes discomfort to society
- Fails to report to her parole officer three times in a row
- Fails to report a change of address
- Fails to follow or obey programs organised by her parole officer
Mr Newman says he is dismayed the former Gold Coast beauty student is being paid to tell her story and he will ask Attorney-General Jarrod Bleijie if she can be stopped.
"I am deeply concerned, in fact I am dismayed, that a convicted drug criminal has benefited, it appears, from her criminal activity," Mr Newman told reporters in Brisbane.
"I just think we need to recognise there was a trial in Indonesia, she was appropriately convicted, she went to jail and now it appears she's benefiting from this act.
"I don't think it's very satisfactory.
"I am asking the Attorney-General to see whether the Queensland legislation, the proceeds of crime legislation, may have some application."
Australia has proceeds of crime legislation
Any interview money from Channel Seven would fall within Australia's proceeds of crime laws.Australia has proceeds of crime legislation to ensure criminals do not profit from their crimes, but the question now is whether Corby would be able to circumvent it from Indonesia.
Natalie Skead from the University of Western Australia Law School said yesterday that any money being paid to Corby from Channel Seven would fall within the Australian law.
"I can't see how she could keep the money. The legislation is watertight. It is directed at precisely this kind of situation, this type of crime," she said.
Ms Skead said Corby would have to convince a court that she should be allowed to keep the money.
But Indonesian authorities say as far as they are concerned, it would be legal for Corby to give an interview.
"Basically she can give interviews," Bali Correctional Board head Ketut Artha said.
"But before she does that she has to ask permission from us."
Tuesday, February 11, 2014
Government likely to extract big share of interview money
By Matthew Knott
The federal government has a strong chance of confiscating a large share of any money Schapelle Corby makes through media interviews, legal experts say.
Channel Seven is expected to secure an exclusive deal worth $1 million to $3 million with her.
Although Corby has never been convicted in Australia and will live in Indonesia until 2017 under the terms of her parole, experts warn she is not exempt from the Commonwealth Proceeds of Crime Act.
In 2009 Corby was forced to forfeit $128,000 to the Commonwealth in profits from her book My Story and a magazine article.
''I think she will have almost insurmountable difficulties keeping any money she receives from books, interviews, movies etc,'' University of Western Australia associate law professor Natalie Skead said. ''The chances are very high of [the Commonwealth] getting their hands on whatever she gets paid for interviews.''
Barrister Christian Juebner, a specialist in proceeds of crime cases, said authorities would have a ''solid basis'' to pursue a literary proceeds order against Corby.
Dr Skead said that, to convince a court to confiscate some, or all, of Corby's profits, Australian authorities would have to show that Corby had committed a ''foreign indictable offence'', that she had profited as a result of the offence and that the proceeds had been ''derived'' in Australia. Having the money transferred to a relative or another third party would not guarantee Corby could keep the money.
Dr Skead said Corby's best chance of retaining some of the money would be to argue she had already suffered significant personal hardship and that there was a social or educational benefit to her telling her story.
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