Bali Nine - Criminal Proceedings - Criminal Trials

Criminal Trials

Criminal trials for the accused commenced in the Denpasar District Court on 11 October 2005. Three of the four arrested at the Melasti Bungalows, Nguyen, Chen, and Norman, were tried together, with the remaining six defendants tried separately. All defendants faced a maximum penalty of death by firing squad if found guilty. The trials were often delayed due to the defendants complaining of illness, headaches and nausea. The Australian Prime Minister John Howard said the Australian government would oppose any death sentences imposed, saying:

"We have a long-standing opposition to the death penalty and it's well known that if a death penalty is imposed on an Australian we ask that that death penalty not be imposed."

On 6 December 2005, Australian lawyers Robert Richter, QC, and Brian Walters, QC, called for the Commonwealth Director of Public Prosecutions to extradite the nine to Australia on heroin conspiracy related charges. On 7 December 2005, Denpasar District Court judge I Wayan Yasa Abadhi called for Australians not to interfere in the legal proceedings in Indonesia, saying:

"Criticism from outside is expected, but Indonesian courts will only adhere to the laws applied in this country, and that includes the death penalty. The judges will not budge, we will not be affected by public opinion or the media."

Sukumaran remained mostly silent throughout proceedings and blamed amnesia for his poor recollections of events leading to his arrest. Trials were scheduled to be completed with verdicts announced before 23 February 2006, before a legal deadline for the group's detainment expired.

Lawrence claimed she received threats of harm against herself and her family if she did not proceed with the plan to import heroin into Australia. Lawrence gave evidence in the Denpasar District Court she was ordered to book a flight to Bali. She claimed she did not know why she was ordered to travel. Work associate Stephens claims he was also threatened to travel to Bali by Chan, who showed Stephens photographs of his family going about their daily lives, and saying they would be killed if he did not co-operate, saying, "They threatened me. They threatened my family, my friends, my love – my girlfriend… They showed me pictures."

Indonesian judges found no evidence of threats, with Judge I Gusti Ngurah Astawa saying during the sentencing of Lawrence, "The council of judges found no proof of the use of force in this crime, therefore the defendant has to be sentenced as fairly as possible."

Rush further accused Chan of strapping the heroin to his body whilst wearing rubber gloves. Chan protested his innocence and defending his silence during his final plea, reading from a two-page statement:

"I didn't say anything in court because if I did, I'd be lying. The truth is, I know nothing. A lot of lies have been said against me, but the true reality is I'm not what people put me out to be. I've never threatened anybody in my life. The outcome I wish, of course, and my family is that you find that you would release me, for I had nothing to participate in this."

In sentencing Lawrence, Indonesian judges found no evidence of Lawrence's claims her life was threatened. Although prosecutors requested a lighter 20 year sentence for Lawrence due to her early cooperation with police, judges sentenced her to life imprisonment. The next day, the remaining three defendants, Chen, Nguyen and Norman, were sentenced to life imprisonment. On 24 January 2006, prosecutors handed down demands for the death penalty for Sukumaran, the first time a demand of death was put forward by prosecutors for any of the Bali Nine. Prosecutors told a Bali court there was no reason to show any leniency to the 24-year-old because he helped organise the heroin smuggling operation. Prosecutors also claim Sukumaran strapped heroin to the bodies of the fellow accused. Indonesian police identified Sukumaran as one of the main players in what they say was a major smuggling ring. On 26 January, it was also recommended that Andrew Chan receive the death penalty.

On 14 February 2006, after learning of his fate, Sukumaran attacked photographers and threw water bottles at protesters and onlookers gathered outside the court building.

After news of the death penalty, John Howard was quoted as saying:

"Can I just say to every young Australian, please take notice of this. I even beg them not to take the terrible risks that these young people have done - their lives destroyed in the case of two people. I feel desperately sorry for the parents of these people, I do ... but the warnings have been there for decades and how on earth any young Australian can be so stupid as to take the risk is completely beyond me."

The death sentences were criticized by Australians who compared them to the light sentence given to Indonesian Abu Bakar Bashir, the leader of the terrorist group which carried out the 2002 Bali bombings, killing over 200 people including 88 Australians.