http://smh.com.au/news/world/charges-against-bali-nine-godfather-invalid-lawyer/2005/10/18/1129401244260.html
Charges against Bali nine 'godfather' invalid: lawyer October 18, 2005 - 3:05PM Lawyers for the accused "godfather" of the Bali Nine have demanded judges throw out charges against him. Defence lawyer Agus Saputra said today there were critical failings in the evidence against Sydney martial arts expert Myuran Sukumaran, accusing the prosecutor of "telling a story without any proof". The charge sheet against the 24-year-old failed both basic legal requirements outlining Sukumaran's identity and crime, mandated by the peak Supreme Court, and offered no proof of his role in the failed heroin trafficking operation. "The prosecutor only described the journey of the defendant from Sydney to Bali," Saputra said. "It is not accurate, it is not clear, it is not complete. The indictment is blurred." Sukumaran, dressed neatly in a white shirt and black slacks, said little during the brief 20-minute court appearance, smiling only occasionally. Saputra said the prosecutor had not explained how Sukumaran tried to organise the operation nor offered any evidence of where the drugs had came from. "What area, how much? Was it an international or a national network and who were its members?" he asked. "The prosecutor must also describe his role, whether he was the planner." Saputra asked chief judge Gusti Lanang Dauh to rule that the indictment be declared "legally invalid" when the trial resumed next week. Lead defence lawyer Mohammed Rifan said afterwards the judge should stop the case or instruct the prosecutor to draw up a new indictment. "We don't find any proof or evidence in a story like that," he said. Rifan said the prosecutors faced an uphill task explaining the Australian leg of the alleged operation because they had little proof and any evidence offered by Australian Federal Police witnesses "cannot be proof in the Indonesian court". "They don't have any jurisdiction," he said. He said prosecutors had failed to include a crucial legal article which should be used against trafficking networks. But prosecutor Olopan Nainggolan said indictment did not need article 55 of the narcotics law because it already was implicit in article 82 covering the death penalty for trafficking. Sukumaran's trial was held alongside the trial for Brisbane man Michael William Czugaj, 20, one of the alleged drug mules he is said to have coerced into taking part with death threats. Czugaj, Newcastle woman Renae Lawrence, Wollongong man Martin Stephens and Brisbane man Scott Rush were arrested at Bali's Ngurah Rai airport allegedly with a total of 8.2kg of heroin strapped to their bodies. Alleged co-enforcer Andrew Chan also was arrested at the airport but with no drugs. Sukumaran and three other men, Tan Duc Thanh Nguyen, 27, Matthew Norman, 19, and Si Yi Chen, 20, were arrested at Kuta's Melasti Hotel, allegedly preparing a second shipment. AAP ------------------------ Yahoo! Groups Sponsor --------------------~--> Fair play? Video games influencing politics. Click and talk back! http://us.click.yahoo.com/VpgUKB/pzNLAA/cUmLAA/TySplB/TM --------------------------------------------------------------------~-> -------------------------- Want to discuss this topic? Head on over to our discussion list, [EMAIL PROTECTED] -------------------------- Brooks Isoldi, editor [EMAIL PROTECTED] http://www.intellnet.org Post message: osint@yahoogroups.com Subscribe: [EMAIL PROTECTED] Unsubscribe: [EMAIL PROTECTED] *** FAIR USE NOTICE. This message contains copyrighted material whose use has not been specifically authorized by the copyright owner. OSINT, as a part of The Intelligence Network, is making it available without profit to OSINT YahooGroups members who have expressed a prior interest in receiving the included information in their efforts to advance the understanding of intelligence and law enforcement organizations, their activities, methods, techniques, human rights, civil liberties, social justice and other intelligence related issues, for non-profit research and educational purposes only. We believe that this constitutes a 'fair use' of the copyrighted material as provided for in section 107 of the U.S. Copyright Law. If you wish to use this copyrighted material for purposes of your own that go beyond 'fair use,' you must obtain permission from the copyright owner. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/osint/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
