Weak Defense is to blame on Schapelle Corby's Case PDF Print E-mail
Written by Daniel Shin   
Saturday, 28 May 2005 18:00
One day, Schapelle Corby was an ordinary tourist enjoying her vacation in Indonesia. Moments later, her life turned around; she became a prisoner at a foreign country. Officials in Indonesia found marijuana in her bags, and she was taken into Indonesian custody. It is important to consider that the drug laws in Indonesia are one of the strictest in the world, and Corby received 20-year sentence with $10,500 fine. Corby’s family is furious over the verdict, and Corby’s lawyer is preparing to appeal. During all these events, Corby is confined to a shared prison cell without any running water. Her family is concerned with her deteriorating health.

This issue has brought fury to many Australians, who are calling for the release of Corby. Australian government officials are negotiating for a prisoner exchange, but the progress seems futile. Corby’s mother is calling the Indonesian judge’s decision “injustice”. It is very uncomfortable to say against Corby’s family, but the judge did the best that he could to give Schapelle Corby a light sentence. The death penalty could have been given in Corby’s case, but the judge’s sympathy over Corby prompted a very light sentence based on Indonesian laws.

Many westerners believe that the judge was unfair of believing in Corby’s story. The defense argued that an unknown drug trafficker put the drugs in her bags without her knowledge. The judge argued back and stated that there was not enough evidence to prove her case. The judge is correct. If the same argument was made in the court of United States (Sorry, I am not familiar with other nation’s court systems), the defense would lack grounds to support such claim and their case would be struck down.

It is unlikely that Schapelle Corby actually committed the crimes she is charged for, but the weak defense on her behalf was the greatest factor in contributing to her sentence. By looking at the case, the defense strategy seems to be to appeal the judge’s leniency for Corby’s young age and her status as a foreign tourist. The defense did not present any substantial evidence supporting Corby’s claim, and the prosecution had an open field to attack Corby. If the defense had a solid and unquestionable proof to back her story, there would have been a chance that Corby might be free today. There might have been some evidence hidden by the Indonesian government, but the truth is many Indonesians go through the same type of corrupt system everyday. The defense needs to adjust to the corrupt and disadvantageous environment and stand up to rebuild the case. Corby must beat the corrupt system as best as she can in order to gain her freedom. People are blaming the Indonesian government for injustice, but they should actually blame the weak defense strategy for Corby’s sentence.

Indonesia’s tourism industry will be further hampered down by the Corby’s case. Many Australians are boycotting the travel industry in Indonesia, which is adding to the series of events that decreased Indonesian tourism. It is highly unlikely that this event will reach to international escalation, but the public voice on this issue will be strong and perpetual.