Schapelle Corby, the Bali 9 and the war on drugs
Like lots of others, I’m not too happy about the Corby case. But I think most of the complaints from Australia have been misdirected. The problem is not with the trial which, while not as procedurally tight as the Australian equivalent, seemed basically fair to me. The real problem is with Corby’s twenty year sentence. The likely imposition of the death penalty on the Bali heroin smugglers is even worse.
The reason that attention hasn’t been focused on this issue is that, as a society, we’re fairly hypocritical about the war on drugs. At one level, we recognise that it’s essentially pointless and unwinnable, like a lot of wars. So we’ve gradually backed away from lengthy prison sentences for bit players, and even abandoned the idea that the capture of a few “Mr Big Enoughs” would make any real difference. But it’s still convenient for us that our neighbours should have draconian laws, the burden of which falls mainly on their own citizens. It’s only when a sympathetic figure like Corby gets 20 years for an offence that might have drawn a good behavior bond in Australia, or when some stupid young people end up facing a firing squad that the contradictions are exposed.
fn1. That is, as fair as other drugs trials. The nature of the war on drugs is that normal legal principles have to be suspended if the law is going to be made to work at all. The routine use of procedures bordering on entrapment, and the effective reversal of the onus of proof, once possession is established, are examples of this, in Australia just as much as in Indonesia.