Question Details

Will Australian boy be convicted in Bali on marijuana possession?

Settled on 12/01/2011 02:56 Settled by


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Background
The Central Coast 14-year-old was arrested by police after receiving a massage in Kuta.
Police sources allege he was carrying marijuana with a gross weight of 6.9g, which he told officers he bought from a man who claimed he hadn't eaten for a day and needed money.
The drugs allegedly cost him the equivalent of $28.
The boy's lawyer said this morning he had convinced police to retake blood and urine samples from the teenager.
Under strict Indonesian drug laws the boy, from Morriset Park, could be held in a Bali police cell without charge for 30 days and tried as an adult. The maximum sentence for possession of the drug in Bali is 12 years.
If found guilty, the boy's sentence would be served in the notorious Kerobokan jail, alongside murderers, sex offenders and fellow Australians Schapelle Corby and members of the Bali Nine drug gang, who are currently languishing there.
f convicted on possession charges, the teenager's only solace could be a peculiar, unwritten rule in the Indonesian justice system that usually allows juvenile offenders to receive half the sentence an adult would receive - in this case, six years' jail.
Foreign Minister Kevin Rudd last night ordered consular officials to make securing the teenager's release "their top priority".
"I have just spoken with our Ambassador in Jakarta, Ambassador Moriarty," Mr Rudd said last night.
"I've indicated to him that his number one priority in the immediate period ahead is how we support this young boy and his family and everything we can to obtain his early return to Australia.
"I've also asked Ambassador Moriarty to have our Consul and Consul-General in Denpasar to maintain rolling contact with the mum and the dad and the boy.
"That has been occurring during the course of today and we will continue to maintain that contact in the days ahead.
"I think if you put yourself in the position of being a mum or a dad with a 14-year-old who's got themselves caught up in this situation your heart would go out to the parents.
"My heart goes out to the parents. I'm sure many Australians would feel exactly the same and we will do all within our power to support them and to get this young fella back home."
The teenager is understood to have been on holiday in Bali with his parents and friends.
He is now being held in the jail cells at Denpasar's police headquarters, where sources said he was very stressed and in tears.
He has been visited in the cells by Australian Consular officials and his parents.
Aussie boy caught with drugs in Bali
They are all said to be extremely concerned about his welfare.
Sources said he is in the cells in the upstairs section of the drug squad building and is currently in a holding cell with three to four other detainees.
The cell is about 3m by 3m, with only an Indonesian squat toilet and a thin mattress.
MPs from both side of politics today rallied behind the boy.
Federal Environment Minister Tony Burke told the Seven Network this morning that the Australian ambassador and consular officials in Indonesia have prioritised the teenager's case.
"Fourteen is so young, my eldest is 13 and just looking at what may be every parent's worst nightmare unfolding," Mr Burke said.
"(Foreign Minister Kevin Rudd) made sure that of all the different jobs that they've got in front of them, this one is number one."
Shadow Treasurer Joe Hockey called on Australians to show compassion for the accused and his family.
"This kid's life could be ruined by this event and I think we all have a duty to step up and any support we can give to the government on this is limitless," he said.
While scores of Australians have been arrested in Bali in possession of drugs in small and large amounts, the teenager is the youngest to have ever faced Indonesian justice.
Under Indonesian law, there is no children's court system and very few children's jails.
Juveniles are dealt with in the mainstream court system, which has dealt with all Australians currently behind bars.
The main difference between the way a child and adult is dealt under the law is that his case must be presented to prosecutors within 30 days of his arrest.
For adults the time frame is 90 days.
Most Australians arrested in Bali recently and in possession of small amounts of drugs have initially been charged with the 12-year drug possession laws.
But later they had the charges dropped when they claimed to be addicted to drugs.
The laws for drug addicts found with drugs for personal use are much less severe and carry only a four-year maximum term.
Most people end up being sentenced to months in jail and are then released.
Victorian man Ricky Shane Rawson was recently released after serving a four-month term for possession of 0.06g of methamphetamine.
And Angus McCaskill, who was originally sentenced to a huge seven years in jail for possession of 3.58g of cocaine, had his term cut on appeal and he was freed after 14 months behind bars.
http://www.couriermail.com.au/news/national/boy-14-charged-over-drugs-in-bali/story-e6freooo-1226160456787
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