The Expendable Dossier

Expendable
The Political Sacrifice Of Schapelle Corby Official Reference Dossier
"What happens when an innocent woman's human rights conflict with strategic political need"
Contents
Section 1: Introduction An introduction to the Schapelle Corby case Section 2: The Absence Of Motive The relative value of marijuana between Australia and Indonesia Section 3: The Transit Report Exceptions at Australian airports with respect to Schapelle Corbys boogie-board bag, and how the Australian government covered them up Section 4: The Supplementary Report Examination of the role of those organizations with responsibility for the carriage of Schapelle Corbys baggage Section 5: The Mutual Evasion Report The refusal to forensically test Schapelle Corbys boogie board bag and the marijuana found within Section 6: The Bali Trial Breaches of the Indonesian Code of Criminal Procedure, and the UN International Covenant on Civil and Political Rights, in the Schapelle Corby Trial Section 7: The PowderGate Report Misinformation and the wilful exploitation of a white powder hoax Section 8: The Insider Report Australian intervention in Schapelle Corbys appeal Section 9: The Political Seizure Report The political seizure of Schapelle Corbys book royalties, and its implications Section 10: The DFAT Network Report The role of the Indonesian lobbyist and support network Section 11: The Opinion Management Report Examples of media hostility and propagandistic output with respect to Schapelle Corby Section 12: The Primary Smear Report Primary sources of the character assassination of Schapelle Corby's family
Section 13: A Prison Abuse Timeline A partial list of public abuses of Schapelle Corby, involving the media, whilst incarcerated in Indonesia Section 14: The FOI Abuse Report The abuse and failure of the Freedom Of Information Act with respect to the Schapelle Corby case Section 15: The Whitewash Report The role of the Integrity Commissioner and the Australian Commission for Law Enforcement Integrity (ACLEI) Section 16: The Quango Report The failure of those agencies which are purported to provide public support services Section 17: The Mental Illness Report Schapelle Corbys deteriorating health Section 18: Political Indifference The indifference of the Australian government to the corruption, criminality, and abuse of human rights, exposed by The Expendable Project
APPENDIX Related exhibits, documentation and other relevant items
Web Based Version www.Expendable.tv
The Hidden World Research Group
SECTION 1
Introduction
The Expendable Project
CONTENTS
1. The Background 2. The Politics
2.1 A Strategic Relationship 2.2 Airport Security 2.3 AFP Corruption 2.4 Political Pressure 2.5 The Balance Of Interests
3. The Expendable Project
[Introduction]
1. THE BACKGROUND
A 27 year old Australian woman, Schapelle Corby, was sentenced to 20 years in an Indonesian prison in May 2005, after 4.2 kg of marijuana had been found in her boogie-board bag on arrival in Bali.
However, her fate had been determined not in Bali, but in Canberra. POLITICS The Schapelle Corby case appeared on the political horizon late in 2004. Even at this early stage answers were lacking to an increasing number of questions, questions which were becoming persistent and which were increasingly being put to Australian politicians. The case itself could hardly have been more contentious. The following extract from a 2009 research paper illustrates some of the reasons for this:
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[Introduction]
Political commentary and involvement escalated as the case gradually unfolded, and the above perspective was compounded further by a number of the features of the Bali trial itself, as illustrated by this 2008 video script:
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[Introduction]
Given this, the unprecedented 20 year sentence, and the extensive media coverage, the reaction of the Australian public was perhaps predictable.
However, even superficially, the position and response of the Australian government was increasingly curious and contradictory. What emerged, given even the most cursory of investigations, was disturbing in the extreme.
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[Introduction]
2. THE POLITICS
2.1 A STRATEGIC RELATIONSHIP The political dimension was evident even prior to the wide scale involvement of the Australian media, whose reporting had an increasing influence on the case itself. The high profile reporting of such a tenuous drug case soon began to have an effect upon the, already tense, relationship between Australia and Indonesia. Indeed, this aspect was widely reported in the media at the time. Further, bearing in mind that Indonesia is the world's fourth most populous country, and has the world's largest population of Muslims, Australia's geographic proximity made the relationship strategic to the west as a whole.
This was exacerbated further by the potential threat to Australian investments within Indonesia, a market which was also viewed as strategic by the Australian establishment. Total Australian investment in Indonesia had reached A$2.6 billion by the end of December 2005, with annual bilateral trade worth about A$10.4 billion. Thus, given the strategic importance of this relationship to Australia, and the political imperative of maintaining it, the pressure upon Australian politicians, created by the case, was intense. However, this was not the only political pressure in play.
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[Introduction]
2.2 AIRPORT SECURITY In 2004, just three years post 9-11, airport security was a high profile matter, not only with the domestic public, but internationally. Australia's airport security was woefully lacking. This was evident not only through whistleblowers, who were generally marginalized, but through a number of official reports and documents (see The Library on this website). The Australian government had failed to act on these, or at the very least, had failed to act sufficiently. In 2004, it is absolutely clear that the security at Sydney, and other Australian airports, remained severely and dangerously compromised. For the Australian government, the Schapelle Corby case raised the prospect that this situation could be reported across the world. The threat that other nations might realize the risks posed to their own security, via these exposures, was stark and real. Without question, the consequences of this would have been damaging to Australia, and of course, politically damaging to the government itself. The Australian government would have been well aware of this. They would have been well aware that had Schapelle Corby returned to Australia as an innocent woman, or been perceived to be innocent, focus would, inevitably, have turned towards the airports. From the Australian government's perspective, this scenario had to be avoided if possible. 2.3 AFP CORRUPTION The potential for international and domestic political damage caused by focus upon the lack of security at Australia's airports was not the only political risk to emerge. The role and status of the Australian Federal Police was equally problematic. Over a number of years, many reports had documented systemic corruption within Australian polices agencies, particularly in Sydney. As shown in the Expendable film, whistleblower after whistleblower had spoken out, only to be ignored or worse. As with airport insecurity, nothing of substance had been done to address this. It had, in effect, been brushed under the carpet. The political situation with respect to Schapelle Corby was exacerbated by the demonstrable fact that AFP corruption actually extended to drug syndication, and worse still, drug syndication through both Sydney airports. So, not only were the airports wholly lacking from a security perspective, but police officers, including senior officers, were involved in the smuggling of drugs through them.
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[Introduction]
The political implications of this were substantial, and had it been linked to the Schapelle Corby case, a domestic political crisis could easily have ensued. Public confidence in the police could have collapsed, and the reputation of the Australian government, both at home and abroad, may well have been seriously damaged in the short and medium terms. 2.4 POLITICAL PRESSURE Thus, the pressure on Australian politicians posed by the Schapelle Corby case was intense. At risk was not only a vital and strategic international relationship, but exposure of chronic airport insecurity and systemic police corruption. Accordingly, two broad axes of interest emerged within Australias Howard administration: the Howard/Downer interest, and the Ellison/Keelty interest. The formers prime concern related to the stability of the relationship with Indonesia, whilst that of the latter related to the impact of domestic institutional corruption 2.5 THE BALANCE OF INTERESTS Weighed against these considerations, was the welfare of a single citizen. From an exclusively political viewpoint, the balance of interests driving decision making could hardly have been more one sided. The cold reality, as demonstrated by The Expendable Project, is that, from the moment this complex political equation became apparent, a political imperative drove the actions of the government, and subsequently its organs of state. The Australian government, directly, and through its departments and agencies, acted against Schapelle Corby's interests with increasing vigour. The degree of orchestration of government departments was unprecedented.
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[Introduction]
3. THE EXPENDABLE PROJECT

The Expendable Project presents the complex political background to the Schapelle Corby case, and documents how the Australian government deployed its departments and agencies against her. It examines the central role of the AFP from an operational perspective, the use of the ABC to manage public opinion, and the actions of a number of other government departments in directly and deliberately undermining Schapelle Corby's position and that of her family. It identifies a multitude of corrupt acts, including the wilful withholding of vital evidence from the Bali court, and a premeditated web of lies presented to the Australian Parliament and media. It exposes a government sacrificing the life and human rights of an innocent citizen, for political expediency and self interest.
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End of Section 1
SECTION 2
The Absence Of Motive
CONTENTS
1. The Comparative Price Of Marijuana
2. The Historical Perspective
3. The Absence Of A Motive
[The Absence Of Motive]
1. THE COMPARATIVE PRICE OF MARIJUANA

The notion that a commercial quantity of marijuana would be deliberately smuggled from Australia to Indonesia is widely considered to be untenable. It is an issue, however, which has been relatively devoid of focus by media channels in Australia with respect to the Schapelle Corby case. However, it is an aspect for which official data is available, including from the United Nations.
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The UN maintains detailed statistics on the local prices of marijuana, including both retail (street) value, and wholesale value. These present a very clear and unambiguous picture.
In 2005, the typical retail price in Australia ($26.20 per gram) was one hundred and thirty one times more expensive than it was in Indonesia ($0.20 per gram).
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In 2005, the typical wholesale price in Australia ($5,402.7 per kilo) was fifty times more expensive than in Indonesia ($100 per kilo).
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2. THE HISTORICAL PERSPECTIVE

In 2011, a Freedom of Information request was submitted to the Australian Customs & Border Protection Service. Their response confirmed that there had never been an inquiry, investigation or arrest pertaining to the illegal exportation of a commercial quantity of marijuana from Australia to Bali over the previous 15 years.
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3. THE ABSENCE OF A MOTIVE

The implications of this, with respect to the Schapelle Corby case, could hardly be clearer. Smuggling 4.2 kg of marijuana from Australia to Indonesia would result in a very substantial loss at market prices. There was no motive. Equally, there is no record whatsoever of such smuggling activity ever having existed. The Australian government were informed of this situation, by a variety of parties, both during Schapelle Corbys trial, and afterwards.
FOOTNOTE 1 Note that in criminal law, means, motive, and opportunity is a popular cultural summation of the three aspects of a crime needed to convince a jury of guilt in a criminal proceeding. FOOTNOTE 2 The following web page presents a number of videos illustrating the scale of marijuana cultivation in Indonesia:
http://www.expendable.tv/2011/09/absence-of-motive.html
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End of Section 2
Hidden World Research Group
SECTION 3
Exceptions At Australian Airports With Respect To The Schapelle Corby Case (The Transit Report)
CONTENTS
1. Introduction
1.1 The Background 1.2 Schapelle Corby
2. Luggage Tags & Screening Records

2.1 Introduction 2.2 The Question Of Weight 2.2.1 The Weight of the Boogie Board Bag 2.2.2 The Overweight Luggage 2.3 Airside: Behind The Scenes 2.4 The Missing Records & The Political Reaction 2.4.1 Withholding of Primary Evidence 2.4.2 Confirmed Awareness 2.5 The Culture Of Cover Up 2.5.1 Allan Kessing 2.5.2 Further Baggage Handler Information 2.5.3 The Keelty Statement 2.5.4 The Cover-Up Culture 2.6 The Fate Of The Boogie Board Bag
3. CCTV Footage
3.1 Introduction 3.2 First Steps 3.3 The CCTV Locations 3.3.1 Brisbane Check-In Area 3.3.2 Brisbane Exterior 3.3.3 Brisbane Airside 3.3.4 Sydney Airside 3.4 Drug Syndication At Sydney Airport 3.4.1 The Mocha Story 3.4.2 A Question of Timing 3.4.3 Government Correspondence 3.4.4 Parliamentary Questions 3.4.5 The Flight Delay Pattern
4. Issues & Findings

4.1 Recorded Anomalies 4.2 Interim Headline Findings
[Introduction]
1. INTRODUCTION
1.1 THE BACKGROUND
When Schapelle Corby flew to Bali in October 2004, airport security was dangerously inadequate, and corruption was endemic across both Sydney Airport and the police services protecting it. These are not scurrilous allegations. The long term and persistent nature of this is documented by the hand of Australian institutions themselves, through a series of official reports and documents. These include: THE WHEELER REPORT (September 2005) 'An Independent Review of Airport Security and Policing for the Government of Australia' Under the headline 'Exposed: Airport Security Fiasco', the Sydney Morning Herald reported: "Security at Australia's airports is seriously flawed, no one takes control of policing, agencies fail to share vital information on threats and, if there is a terrorist strike, police and airport staff are unable to communicate effectively". It also confirmed a vast array of crimes being committed, including the movement of cannabis. THE WOOD REPORT (May 1997) 'Royal Commission In To The New South Wales Police Service' This commission sat over 452 days, heard from 640 witnesses, received 140 submissions, and created almost 47,000 pages of transcript. It was damning. The ABC reported that: "The Wood Royal Commission, through covert surveillance and roll-overs, using non New South Wales police to help ensure the secrecy of its operations, finally confirmed the endemic nature of police corruption - particularly its subversion by the heroin and other illicit drug trade..." REPORT 409 (December 2006) 'Developments in Aviation Security since the Committees June 2004 Report 400: Review of Aviation Security in Australia' This committee report to the Australian Parliament was particularly noteworthy in terms of specifying basic and fundamental security mechanisms, procedures, and practices, which were still not in place at Australian airports, notably Sydney International Airport. This included CCTV coverage, personnel screening, baggage scanning, and various other aspects which were central to the Schapelle Corby case. A NATION UNPREPARED (August 2005) From The Leader Of The Opposition The Hon Kim C Beazley MP Kim Beazley, the Leader of the Opposition at the time, described glaring holes and security breaches at Sydney International Airport.
Section 3 Page 1 - 1
[Introduction]
THE COBALT REPORT (December 2005) 'A Report To Parliament On Operation COBALT' Operation COBALT was an investigation by the Police Integrity Commission of New South Wales into the activities of a long serving police officer. In the words of the report itself "the evidence revealed a startling level of corrupt conduct". It also stated that the "conduct occurred over many years". The final report cited a number of police officers with direct involvement. SECURITY OF AIRSIDE PERSONNEL AT SYDNEY AIRPORT (September 2004) 'Sydney Airport Air Border Security Risk Analysis' Kim Beazley, the Leader of the Opposition, described this as a "Customs report which was completed in September 2004 but only made public when it was leaked to a newspaper earlier this year. It revealed shocking security breaches at Sydneys Kingsford Smith Airport". It was the report which resulted in the vigorous pursuit and prosecution of Allan Kessing, who was accused of whistle blowing. It identified security holes such as: "passengers baggage containing large amounts of narcotics being diverted to domestic carousels to avoid Customs inspections" and, "39 security screeners out of 500 employed at the airport have serious criminal convictions, with a further 39 convicted of minor matters". There were many other reports and papers within this remit, as illustrated by this extract from an internal AFP letter, which identified a number within Customs, circa 2003-2004:
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[Introduction]
THE POLITICAL IMPLICATIONS This presented, without doubt, an extremely sensitive political situation for the Australian government. In 2004, just three years post 9-11, airport security was a high profile matter, not only with respect to the domestic public, but on the international stage. Yet security at Australia's airports was woefully and demonstrably inadequate. The Australian government had failed to act upon a multitude of reports, or at the very least, had failed to act sufficiently. The primary contents of the reports had been repeatedly ignored, and the reports themselves had tended to be brushed under the carpet at an early opportunity. This is evidenced by the number of reports which overlap, or cover the same subjects and issues. These routinely identify exactly the same problems as those previously reported, revealing in themselves the fate of earlier exercises. In 2004 it is absolutely clear that the security at Sydney, and other Australian airports, remained severely and dangerously lacking. The threat that other nations would recognize the risks posed to their own security, via these exposures, was thus stark and real. The consequences of this would have been highly damaging to Australia, and of course, politically damaging to the government itself, and to the individuals within. From a domestic political perspective, the same applied to the corruption within the AFP, and within the New South Wales Police service.
SCHAPELLE CORBY This state of affairs forms the political context and climate to the disturbing events which unfolded in the Schapelle Corby case. By its very nature, it was a case which threatened to draw significant focus to sensitive issues, both with respect to airport corruption, and the involvement of elements of the police service in the large scale drug syndication in situ. It is against this background that the events documented in the rest of this report unfolded.
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[Introduction]
1.2 SCHAPELLE CORBY

Schapelle Corby checked her bag in at 05:33 on 8th October 2004. A contemporary media report accurately sets the scene:
At this very moment, however, a script was unfolding airside which Schapelle Corby could not possibly have imagined. A series of events were in play, which are statistically impossible to dismiss as coincidences. Whilst the saga of the missing CCTV footage, across three airports, has people across the world asking serious questions, we will first examine staggering revelations relating to Schapelle Corby's luggage tags, and missing screening records.
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[Introduction]
Diagram: Schapelle Corby's luggage tags, excluding those attached to the boogie board bag (these were burned by the Indonesians with all the other material evidence).
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[Luggage Tags & Screening Records]
2. LUGGAGE TAGS & SCREENING RECORDS

2.1 INTRODUCTION
On the face of it there was nothing extraordinary about the check-in itself. A media report again documents the scene:
The media article reports the standard process for check-in of luggage:
As correctly documented, there were four luggage tags, one for each of the four bags checked in by Schapelle Corby, with her party. But herein lies the first serious discrepancy, pertaining to the individual and collective weights recorded for these items.
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2.2 THE QUESTION OF WEIGHT

Weight is an important issue in aviation, not just total weight, but weight distribution on the aircraft. It is not only a commercial issue, but a serious safety matter. 2.2.1 THE WEIGHT OF THE BOOGIE BOARD BAG The following is the relevant part of the testimony of Brisbane baggage handler Scott Speed, which was given to the Bali court:
In his evidence, Mr Speed states that the expected weight for a boogie board bag inclusive of board is 3-4 kg, and that if it is any heavier the owner would have had to have it checked. When interviewed during this investigation (October 2010), Mr Speed re-affirmed this, stating that it was the long established practice at Brisbane airport. However, Schapelle Corby's boogie board bag, without marijuana, exceeded this. Indeed, the following diagram illustrates that the lightest her bag could possibly have been was 5kg, although it was most certainly significantly heavier than this. This should have attracted attention, and triggered the requirement for a check.
If 4.2kg of marijuana had also been in the bag, the excessive weight would have been almost impossible to miss.
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But there was no trigger, no manual check, and nothing out of the ordinary recorded at all. [Anomaly #1] The boogie board bag with just body board and flippers was overweight with respect to carrier norms, but despite this it was checked through as normal boogie board weight. Had it also contained 4.2kg of marijuana, it would have been grossly overweight, almost certainly triggering a manual check.
But this was just the beginning of the story. The following diagram illustrates the path the boogie board bag took on route to the international departure to Bali.
Note that a minimum of nine individuals must have handled the bag at some point, none of whom noticed or reported the pungent and distinctive smell which would have accompanied 4.2 kg of marijuana.
2.2.2 THE OVERWEIGHT LUGGAGE The maximum luggage weight for economy class passengers for flights to Bali in October 2004 was 20kg. For a party of three, Schapelle Corby and her two friends, the maximum combined weight was therefore 60kg. But the collective weight of the luggage for the three passengers was 65kg, as confirmed directly and in writing by Qantas themselves, in a formal letter dated 1st December 2004:
On the basis of the charges applicable at the time, this would accrue an excess weight fee of at least $175 at the check-in desk. Further, given the scale of the disparity, it is surely not tenable that a check-in operator would not have noticed that the weight was substantially in excess of the maximum. But there was no charge paid, and no charge asked for, despite the excess being so significant. A number of possibilities therefore emerge, including that the weight was actually 60kg or less, but was amended subsequently. This could have been directly after check-in, potentially to take account of 4-5kg of added weight. Or it could have been after the Schapelle Corby case received serious attention. Access to the bag tagging system is therefore a significant issue, because the data held on the system simply did not reflect the actual events which occurred at Brisbane Airport.
[Anomaly #2] Either the check-in operator for unknown reasons allowed significantly overweight bags to be loaded without a charge or a fuss OR The data reflecting the weight of Schapelle Corby's bags was increased after check-in.
[ADDENDUM: Another noteworthy consideration is that a passenger carrying 4.2kg of marijuana would be extremely unlikely to appear at an airport with overweight bags, with the attention and scrutiny that this would or should inevitably bring.]
From this point, the bags were under the control of various parties in transit, including SACL, and Qantas. Schapelle Corby and her companions proceeded to the departure gate, expecting to retrieve their luggage in Bali.
2.3 AIRSIDE: BEHIND THE SCENES

Initial light on what happened behind the scenes is shed by examining a letter from Schapelle Corby's lawyers, sent a few days after her arrest. Naturally, they were seeking data and information, which would confirm her innocence.
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Bali Law Chambers were asking very pertinent questions about the baggage system, and providing specific information, including Schapelle Corby's baggage tag numbers. The reply from Australian Customs was somewhat disappointing:
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Whilst Mr Chapman made some very interesting statements on behalf of Customs, he provided nothing specific relating to Schapelle Corby. The frustrations of Bali Law Chambers in obtaining information from Australia were only to increase as events unfolded.
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By 1st December, at least a little specific information had arrived, courtesy of Qantas:
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With respect to Schapelle Corby's bags, it is particularly noteworthy that: In #2 Qantas confirm that the four bags are present on the system, and that their total weight was 65kg. In #3 they state that the bags were not x-rayed at Brisbane. In #8 they produce a substantial list of those parties who had access to the bags in transit to and through Sydney International Airport. In #5 they state that at Sydney the bags were presented to Sydney Airport Corporation Limited (SACL) for screening.
[ADDENDUM: At Schapelle Corby's appeal hearing two Qantas staff members who were on duty at check-in
stated that, from the flight record, dated Oct. 8 , 2004, there was nothing wrong with the luggage during check-in, and also that there were no "strong smells" coming from the bag that would have required it to be opened and checked].
th
THE PROCESS AT THE SYDNEY AIRPORTS The process at Sydney was thus for Qantas to unload the luggage from the domestic flight, and take it to the SACL area at the international airport for screening. On release from SACL, Qantas handling staff would then take the luggage to the baggage holding area for the outgoing flight to Bali. Therefore, the next port of call for Bali Law Chambers was to write to SACL, providing the baggage tag numbers for the luggage.
[Anomaly #3] Herein, another extraordinary discrepancy emerges: only three out of the four bags were present on their baggage screening system. The boogie board bag's tag number (0081884193) was missing completely.
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2.4 THE MISSING RECORDS & THE POLITICAL REACTION

2.4.1 WITHHOLDING OF PRIMARY EVIDENCE The following is a recently obtained briefing note, from the AFP to the Minister of Justice and Customs, Christopher Ellison, dated 6th July 2006.
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It clearly confirms that the details of Schapelle Corby's boogie board bag had disappeared from the SACL system, or had never been registered on it. The specifics are: 1. On 5th July Mr Max Moore-Wilton, CEO of SACL, contacted Minister Ellison stating categorically that Schapelle Corby's boogie board bag tag number was not stored or recorded on the screening system. 2. The number he specified is indeed that of the tag which the system issued to Schapelle Corby for her boogie board bag. The two possibilities are that: - It was either erased from the SACL system by an unknown party at some point prior to the 5th July 2005, or; - It was never entered on to the SACL system.
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Each of the possibilities is, of course, fundamental to the Schapelle Corby case itself. One issue can be closed immediately, however. There is no doubt that the baggage tag was correctly placed upon the boogie board bag, and that it remained in good condition. Prior to the evidence being burned (despite Schapelle Corby pleading for it to be retained), a variety of photographs and images were taken of it. For example, the tag on the boogie board bag is clearly clean and visible on the following photograph, taken in the Bali courtroom:
And again, with the marijuana and space bag:
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[ADDENDUM: Note here that Schapelle Corby had put her full name and address on the bag, a somewhat implausible act had the bag been filled with marijuana]
Continuing with our examination of the AFP's ministerial brief: With (#3), the AFP immediately attaches this issue to the John Ford allegations. This in itself raises a number of questions. Given the seriousness of the new information, why would they instantly attach it to one specific proposition as though discrediting it by association? Why weren't they discussing the significant revelation that the data had been erased, or that Schapelle Corby's bag was carried by Qantas Airlines without screening, or without even existing on the airport system? Given that this situation may be ongoing, why was there no apparent interest in this, given the serious implications of a bag or bags bypassing the SACL screening system at such a major airport hub? With (#4) the brief continues, having changed the issue to John Ford. Point (#5) appears to be somewhat defensive, as though the AFP were being accused of something regarding the baggage tag number. The brief concludes under the heading of 'Future Action' by more or less declaring the issue to be closed, again via the John Ford route. [Anomaly #4] In correspondence, why did the AFP dramatically switch the critical focus from such significant information to one specific scenario, at the expense of all others? Equally, why did they switch it from the wider implications of the new information?
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Justice & Customs Minister, Christopher Ellison, now takes up the game:
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It is somewhat curious that this letter, delivered to Keelty by hand, is written in a manner which suggests that it initiated the discussion. However, as it refers to the reference number of the AFP's briefing note, it was in fact a response. The letter provides further details of Mr Max Moore-Wilton's letter: that data was available for three of the bags Schapelle Corby checked in, but not for the boogie-board bag. He states that it is not known whether this information was provided to Schapelle Corby's lawyer, who had been led to believe that no data existed for any bag at all on the flight. Although he confirms that he recognizes the legal and judicial importance of this new information, by commenting that it may be a relevant factor in any consideration as to whether there was any interference with the bag", he wholly understates it. He then takes up the tunnel vision theme, introduced by the AFP, that this revelation can only be considered in the context of the John Ford allegations, which the AFP had already dismissed. ESTABLISHING THE EXTENT OF AWARENESS In the last paragraph Ellison seeks to establish who the AFP has contacted, from amongst those who may be party to information on the baggage tags. This could be interpreted as asking the question: "Who have you discussed this with?" [Anomaly #5] Why was Ellison concerned about who was aware of the baggage tag information, given that he now knew that Schapelle Corby's boogie board bag was the only bag not recorded on the SACL system? Note: There is no doubt at all that had Schapelle Corby's lawyers been aware of the issue, it would have been presented as key and central evidence for the defence.
On the 11th July 2005, Mr Keelty issued the following:
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The response was lengthy, and provided even greater clarity for both Keelty and Ellison:
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This confirmed clearly that: All bags destined for Indonesia were mandated to be screened "100% CBS was being applied to passenger flights to Indonesia") The boogie board bag would have been manually screened ("Oversized bags... are checked through a supplementary CBS machine") The system was patently open to abuse and corruption (eg: "potential for opportunities to be created", "potential for inconsistency in the system", "area of potential weakness", "potential for system failure").
At this point, Keelty, Ellison and other recipients already knew that Schapelle Corby's boogie board bag, and only that bag, was not screened or even present on the system at all. They therefore had a comprehensive canopy of evidence which would have been of vital importance to Schapelle Corby and her lawyers. Note also that as a qualified lawyer, Ellison would have been well aware of its crucial importance.
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WITHHOLDING OF EVIDENCE SCHAPELLE CORBY On July 8th, just two days after discussing the new evidence with Keelty, Ellison wrote directly to Schapelle Corbys Lawyer, Hotman Paris Hutapea:
Even though he directly referred to the transfer of the bag at Sydney Airport, he withheld the new evidence. Further, the comment that none of their staff had contact with Ms Corby or her baggage during the transfer is clearly misleading within the known context.
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On 11th July 2005, just five days after Ellison and Keeltys exchange, Schapelle Corbys lawyer, Hotman Paris Hutapea asked Keelty a direct question:
Ellison and Howard also received this correspondence directly (this copy was obtained from the Prime Ministers office). Two days later, on 13th July 2005, Ellison replied. Despite being asked the question directly, Ellison again failed to provide any of the new evidence:
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Indeed, none of these individuals provided the new evidence at any stage. It was denied to Schapelle Corby and her legal team throughout her legal process. [Anomaly #6] Ellison and Keelty withheld central and potentially critical evidence from Schapelle Corbys legal team, regarding bag scanning, even when asked directly about it. Equally, they withheld information, provided by DOTORS, that flights to Indonesia required 100% scanning, and that the situation at Sydney airport was wide open to abuse.
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WITHHOLDING OF EVIDENCE MISLEADNG PARLIAMENT Given that, just days earlier, they had discussed it, and had acknowledged it specifically, it is not conceivable that Ellison and Keelty didn't understand the critical importance of this information to Schapelle Corby. However, not only was this not conveyed to Schapelle Corby herself, but just a matter of weeks later the prepared answers to Possible Parliamentary Questions, included the following:
[Anomaly #7] In pre-prepared responses to Possible Parliamentary Questions, there was no reference whatsoever to the central new evidence, which was circumvented by a variety of tangential responses. The information was thus withheld from the Australian Parliament. MPs, Senators and the public were clearly misled.
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THE LACK OF AFP INVESTIGATION Given that screening data for a large bag, which was carried on an international flight and which contained marijuana upon collection, was either deleted or never created, one might expect a serious police investigation to ensue. Further, with repeated questions regarding airport security being raised in the public domain, one might expect a high degree of transparency for such an operation. However, we found no evidence of even a cursory examination. [Anomaly #8] Despite the serious implications for the welfare of Schapelle Corby, and equally, with respect to wider airport security, we found no evidence that the AFP conducted an investigation into the issue of the missing boogie board bag screening data.
THE KESSING REPORTS It should also be recorded at this juncture that on 1st June 2005, Ellison had asked the AFP to investigate the leaking of the so-called Kessing Report (see Section 2.5). He must therefore have been aware that it revealed that "passengers baggage containing large amounts of narcotics being diverted to domestic carousels to avoid Customs inspections" and that dozens of security screeners had "serious criminal convictions".
Referral Note: Customs to the AFP
Further, Allan Kessing has directly confirmed to The Hidden World Research Group that this information had already been uploaded to the AFP systems.
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On 11th July 2005, Schapelle Corbys lawyer also directly requested a copy of the information contained in this report:
This was never provided. [Anomaly #9] Neither the AFP, nor Customs, informed Schapelle Corby of the information detailed within the "Kessing Report", despite this being of fundamental relevance and importance to her defence case. As with the crucial bag screening information, it was withheld.
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NOTE: THE RETROSPECTIVE DELETION OF EVIDENCE There is one other possible scenario relating to the AFP's words "baggage tag number 0881884193 (oversized bag) was at no time stored or recorded in their baggage screening system". This is that SACL system data for the boogie board bag was actually created, but was subsequently deleted by a party or parties unknown. Contact was therefore made with individuals across a number of relevant organizations, including SACL and Qantas. All stated that in 2004 baggage tag data would be created on the SACL system when the bag was checked in at Brisbane Airport. Equally, aviation regulations imposed the following requirements upon Qantas:
[Regulation 2.18 What airport operators TSP must contain checked baggage screening Only screened and cleared checked baggage may be loaded onto an aircraft operating international air screened services (see regulation 4.24).] [ Regulation 4.24 Aircraft operators not to permit checked baggage to be loaded - international air service. This regulation obliges the operator of an international screened air service to only load checked baggage that has received clearance. Contravention is an offence of strict liability attracting a maximum penalty of 50 penalty units].
Had the boogie board bag not been screened, then by virtue of loading it on to flight AO7829, Qantas would surely have been in breach of these stipulations. Whilst it is not the purpose of this report to speculate, for the deletion of data proposition it is difficult to look beyond: the corrupt baggage handlers seeking to hide incriminating evidence on themselves SACL staff seeking to hide the alarming insecurity evident at Sydney Airport A third party removing proof of an empty bag, with the disastrous ramifications of this scenario regarding the strategic political relationship with Indonesia.
As stated above, there is no evidence to suggest that this aspect was ever investigated by the AFP.
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SUMMARY: THE WILFUL WITHHOLDING OF EVIDENCE As demonstrated above, a variety of information and data, which was of vital importance to Schapelle Corby, was withheld by identified individuals within the Australian government and its agencies. This included specific information regarding dangerous insecurity at Sydney Airport, involving systemic corruption and drug syndication. It also included the disclosure by SACL that Schapelle Corby's boogie board bag was the only item for which screening data was missing. This alarming situation began during her initial trial, as the AFP had already been provided with the Kessing Reports in December 2004 / January 2005 by Allan Kessing himself. Indeed, all the information discussed and revealed in this section was in the hands of a multitude of important players well before the start of Schapelle Corby's final appeal. Despite the high profile court outcomes, direct requests from lawyers, and the increasingly grave circumstances of Schapelle Corby herself, including descent into serious mental illness, it was never disclosed to her. The material re-produced above demonstrates beyond reasonable doubt that this evidence was wilfully withheld.
FOOTNOTE: FREEDOM OF INFORMATION ACT Subsequent to the production of this report, a Freedom of Information request was submitted to the Customs & Border Protection Service for all materials relating to Schapelle Corby. None of the material known to exist, and already held by The Hidden World Research Group, including the correspondence to and from Justice & Customs Minister Christopher Ellison published in this report, was provided. It is recommended that this extraordinary lack of retained documentation by a government agency is investigated by an external party.
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2.4.2 CONFIRMED AWARENESS Whilst Ellison and Keelty were central to the events revealed in the previous segment, a number of others played critical roles, or were at least aware of important evidence which was not provided to Schapelle Corby.
PRIME MINISTER JOHN HOWARD John Howard was the Prime Minister of Australia until the 3rd December 2007. His awareness of the missing boogie board bag screening data was revealed by Keelty, who stated that he discussed the issue with him on 8th July 2005.
Note also that, as Minister for Justice and Customs, Ellison reported directly to Mr Howard, and must surely have discussed such a politically sensitive matter with him. There is also every possibility that he may have discussed the issue with Max Moore-Wilton.
MAX MOORE-WILTON (SACL) Max Moore-Wilton became the CEO of Sydney Airport Corporation Limited (SACL) in December 2002. SACL itself was majority owned by Macquarie Bank, after the government privatised it and gave it a 99 year contract to lease and operate the airport. Whilst the political difficulties created by the Schapelle Corby situation, for Ellison, Howard and Keelty, are clear enough, and the motive to withhold the information is obvious, the situation for Mr Moore-Wilton was also somewhat awkward. For example, he had just overseen a substantial $AU 4.25 million upgrade to the SACL system. The last thing he would surely have wanted, therefore, were fingers pointing at it for its failures. The SACL upgrade had been proudly announced in May 2004:
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Project BICEP
www.xylogy.com/documents/bicep_SAirport.pdf
This was published just a few months before Schapelle Corby flew, and the subsequent internal disclosure that SACL held no records at all of her fateful boogie board bag. [Anomaly #10] Whilst he went to the government with his information regarding the missing data, Moore-Wilton of SACL made no comment at all in public about it, and did not contact Schapelle Corby's family to disclose the disparity between the boogie board bag and the other bags. It is also worthy of note that Moore-Wilton was the former head of the Prime Minister's Department, under John Howard. Indeed, the following was stated in Hansard on 21st June 2006: "So the Department of Transport and Regional Services allows Sydney airport to continue an operation that fails to meet the standard which the government itself set and the deadline of 2004 for that standard to be met. It happens to be an issue of speculationmore in the industry than in politicsas to how that conversation went that enabled the corporation that Max Moore-Wilton heads up to get that special exemption, but there are plenty of other people in the industry who have cast a cynical eye over the arrangements that have seen this government allow Sydney airport to operate a less secure screening process than other airports in Australia are obliged to follow."
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CONFIRMED AWARENESS MAP The relationship between those with confirmed knowledge of the new evidence regarding Schapelle Corby's boogie board bag can be represented by the following diagram:
All four of these individuals had varying degrees of vested interest in the status quo being preserved, by virtue of their positions and roles. They all benefited from the information being withheld from Schapelle Corby. Howard, Ellison and Keelty, however, were also directly involved in other disturbing aspects of the Schapelle Corby case. Equally, in addition to their knowledge of the central importance of the new evidence, they were fully aware of the personal implications for her of its non-disclosure. It is also noteworthy that all three have been heavily criticized by Schapelle Corby's lawyers with respect to their actions and comments pertaining to a number of other legal facets of the court case itself. See Supplemental Report 1 for further information.
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QANTAS As documented in several sections of this report, the involvement of Qantas was also central to a number of the many disturbing aspects of this case. The following extract, from a letter from Moore-Wilton to Ellison, indicates that they were also made aware that the screening data was missing only for the boogie board bag:
Moore-Wilton also appears here to be anxious to pass responsibility to that airline, even pressing the point that Qantas issued the tag number as an indirect argument to support this proposition. However, he is unequivocal in stating that Qantas had been passed the information. If this is the case, Qantas joined Ellison, Howard, Keelty and Moore-Wilton in not providing this vital information to Schapelle Corby or her lawyers. It should be noted that, as with each of the other four parties, Qantas also stood to benefit from avoiding public awareness of the serious security failures, which disclosure would have guaranteed. This was particularly the case, given that the news that a number of their Sydney Airport baggage handlers were involved in serious drug syndication was already in the public domain (see Section 3.4).
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2.5 THE CULTURE OF COVER-UP

2.5.1 ALLAN KESSING One aspect of this affair which is absolutely clear is the existence of a culture of secrecy, and cover up of any information which exposed any form of insecurity or corruption. The withholding of evidence, which could have been critical to Schapelle Corby, is only one manifestation of this tendency. Research reveals that it is also exemplified by a substantial volume of correspondence, parliamentary reports, reviews, and similar documentation. As referenced earlier, one example relates to an article published in The Australian on 31st May 2005. This revealed that a confidential customs report had identified substantial levels of criminal activity at Sydney Airport: "Workers at the nation's largest airport , including baggage handlers with high-level- security clearances have been involved in drug smuggling....", "The report, obtained by The Australian, details serious security breaches and illegal activity by baggage handlers, air crew....". The government and the AFP immediately concentrated on suppressing the leak and tracking down its source:
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The author of the original report was a customs officer called Allan Kessing. The ABC took up the story as follows: And the government went on a witch hunt, looking for the person who leaked the Kessing reports. In the wash up it fingered Alan Kessing himself who was charged, tried, convicted and sentenced. http://www.abc.net.au/local/stories/2009/04/03/2534187.htm
This is only one such example of where priority was set, many of which significantly disadvantaged Schapelle Corby. Indeed, the author of the above article in The Australian stated that: "I did check on that theory and have made contact with the two sources we've been dealing with extensively over the last couple of weeks and put that scenario [drugs inserted into Schapelle Corby's bag at Sydney airport] to them. They support that scenario completely....".
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Allan Kessing himself stated that: "So everybody, during the Schapelle Corby matter, were just running for cover, because if the reports proved one thing, it was that baggage handlers were less than virtuous, shall we say? Sheer terror, I would put it at. A lot of people knew that a lot of other people knew that we knew that the situation was ramshackle." He further documented the position of the Howard government in 2009. The following is an extract from a radio interview with the ABC:
He continued: "Yes but don't forget that when the first newspaper reports came out, first of all the deputy prime minister at the time John Anderson denied that there were any such reports. The next day they said yes there were some but they were a minor piece of internal documentation. By the third day I think he'd resigned and as you say, sometime later the prime minister, well in order to 'quell public concern' was the actual phrase he used brought out John Wheeler. And the only reason there was any public concern is because of the newspaper reports." The Shadow Minister for Defence and Homeland Security at the time, Robert McClelland MP, commented as follows: "Todays report of a Customs investigation into Sydneys airport virtually shows that our security as at Australias airports is a farce. The report suggests widespread involvement in drug trafficking by baggage handlers and other staff. Crew employed overseas are potentially involved in drug smuggling, secret spots at airport utilised are used by these rings and indeed the existence of rings in some cases are ethnically based. These are very, very serious matters. The report says they are not simply indications of criminal conduct but they could in fact be indicators of a potential terrorist event. This is very, very serious."
[parlinfo.aph.gov.au, May 2005]
He also referred directly to its relevance to Schapelle Corby: "Well it beggars belief that the contents of this report or at least some of the incidents were not provided to the defence in the Schapelle Corby case." [parlinfo.aph.gov.au, May 2005]
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ALLAN KESSING AFFIDAVIT The following are extracts from an affidavit provided by Allan Kessing (full copy on Expendable.TV):
AFFIDAVIT I was an Australian Customs officer for 15 years, with 6 years spent in investigation, Intelligence & Analysis. I was stationed at Sydney Airport from 1994-1996 and again from 2001 until my retirement in 2005. In 2002 I was appointed to compile a report on crime & corruption at Sydney Airport. The process involved collecting, collating & corroborating data from many sources, including Qantas & other airlines as well as the AFP (Australian Federal Police) & State Police data bases and similar organizations.
....
It was clearly demonstrated that crime among airport staff - particularly baggage handlers at Sydney Airport was a major problem. Significantly for Ms Corbys case, the long held information showed that airport staff were involved in significant illegal activity, and the new research found this was continuing. The most common examples were; 1) 2) 3) 4) tampering with checked-in luggage to move goods from one area to another stealing from checked-in luggage moving drugs through the airport, usually for big drug syndicates baggage handlers involved in crime/moving drugs organized to be rostered on at the same time to work together.
The final reports were submitted to the Australian Customs Service airport management in September 2003, which was more than a year before Schapelle Corby was arrested on October 8th 2004. During Ms Corbys case, the Australian Federal Police repeatedly stated that there was not a problem with crime/drugs at our airports. The reports were passed on to the AFP and it was stated in the NSW District Court in 2007 in sworn testimony, that further analysis & confirmation was made by AFP officers. All available data indicated a major problem with airport crime. It was revealed in police statements given to the NSW District Court in 2005 that an international drug smuggling ring shipped 9.9kgs of cocaine from Argentina through Sydney Airport on October 8th 2004. The cocaine was in a brief case which was removed by corrupt baggage handlers before it reached Customs. This flight arrived a short time before the loading of transferred luggage onto Schapelle Corbys flight to Denpasar, Bali. The crime & corruption at Sydney Airport was well known to the Australian Customs Service, Sydney Airport Corporation management and the Australian Federal Police and further confirmed by my reports which collated, corroborated and refined existing data as well as establishing new information. However, this did not become publicly known until after the verdict in the trial of Schapelle Corby which resulted in a sentence of 20 years.
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The Australian Federal Government was then forced by public concern, following the media reporting of the situation at Sydney Airport, to commission an official investigation into airport crime this time by a high profile UK expert in aviation security, Sir John Wheeler, who was brought out from England specifically for the purpose. His report came to the same conclusions as my own and he made a series of recommendations endorsing those made previously by a number of investigators, apart from myself. The Federal Government subsequently promised to implement these recommendations at a cost exceeding $200 million. In my opinion, it would be almost impossible for a checked-in bag containing 4.2kgs of marijuana to pass undetected through two major Australian airports - Brisbane and Sydney without being detected unless that bag was assisted by criminally corrupt airport staff. There are sniffer dogs and x-ray machines at both airports and the bags would have been handled several times by different individuals to load, unload, transfer & reload onto the Denpasar flight before leaving Australia. The fact that the bag of marijuana was so easily detected by customs in Bali showed that there was no attempt at sophisticated concealment. Ms Corbys bag was checked-in in Brisbane Domestic Airport, and went through to Sydney Domestic and then Sydney International and then onto Bali, yet nothing was detected in Australia. It was noted in my reports that Sydney Airport Corporation, the airlines and the police acknowledge that airport staff tamper with luggage and steal from travellers bags. If major action was taken to rectify this situation it would cause chaos and Sydney Airport would quickly come to a grinding halt, costing millions of dollars. The Sydney Airport Corporation tolerates the situation and the airlines are insured for lost/stolen luggage and consequently budget for insurance to cover travellers claims.
Mr Kessing re-affirmed this affidavit in March 2011. 2.5.2 FURTHER BAGGAGE HANDLER INFORMATION A significant amount of other baggage handler related information was also withheld from Schapelle Corby, and largely from the media. For example, in 2009 the AFP submitted the following to a Parliamentary Joint Committee:
Note that Schapelle Corbys case was still in legal process during the period quoted.
The question of why the baggage handlers, who were dismissed as a result of the Mocha Operation (see Section 3.4.1), were never prosecuted is also frequently cited as evidence of the overriding policy of secrecy adopted with respect to these matters. With respect to this operation, however, DFAT confirmed that corrupt baggage handlers were in situ at Sydney Airport at the same time as Schapelle Corby passed through:
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2.5.3 THE KEELTY STATEMENT As Schapelle Corby's original trial proceeded towards its conclusion, there is no doubt that pressure was mounting upon SACL, Qantas and Ellison in particular. Further, if Schapelle Corby was acquitted, the pressure would only increase, as the inevitable questions regarding the source of the marijuana would undoubtedly lead to more rigorous scrutiny of Sydney Airport, and the lack of government and AFP action to address it. The awareness map and correspondence provided earlier indicate the intrinsic relationships between these parties. Just a couple of weeks before the verdict, and despite the fact that the AFP had been provided with the Kessing Reports, that they were actually investigating drug syndication at the airport (leading to arrests and charges), and that a catalogue of clear evidence was in wide circulation, Keelty stated that: "There is very little intelligence to suggest that baggage handlers are using innocent people to traffic heroin or other drugs between states". One can only speculate how much damage this clearly flawed media statement, from Australia's top policeman, did to Schapelle Corby's prospects. The subsequent verdict and grave outcome for her is of course well known. The Law Council of Australia was very explicit:
They issued the following formal statement:
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One of Schapelle Corby's lawyers stated that: "It's our very firm belief that an enormous amount of damage was done by inappropriate comments (made), not just in the last few days but over the last few months, by Mr Keelty" and Every step of the way hes been there to put the boot on to the defence, which is hurting Schapelle. We are floored by it. The day before we are back in court for the last day, he puts the boot in again However, what is certain is that with a guilty verdict and a subsequently compliant media (ref: the Expendable Dossier), pressure on Ellison, Moore, Howard and the government itself regarding airport insecurity receded significantly.
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[Anomaly #11] Given that the Kessing Reports had been provided to the AFP earlier in the year, that the AFP were actually investigating drug syndication at Sydney Airport, and that a substantial catalogue of supporting evidence was already in wide circulation, why did Keelty state the following to the media just weeks before the verdict in Schapelle Corby's Bali trial: "There is very little intelligence to suggest that baggage handlers are using innocent people to traffic heroin or other drugs between states"? Note: During this stage of the investigation we also found that Keelty was in direct contact with a journalist called Keith Moor. Mr Moor was the recipient of leaked information from the police, from which he produced damaging allegations against Schapelle Corby herself (10th December 2005). Whilst the information and allegations were subsequently shown to be entirely false, the source of the leak has never been investigated, despite repeated requests. Equally, a variety of media outlets cited Ellisons office, prompting him to subsequently deny any role. We recommend that this matter is now investigated by an external agency. More information on this incident is available on The Expendable Project website.
2.5.4 THE COVER-UP CULTURE Robert McClelland MP: "Clearly there is an indication of criminality involving baggage handlers and drug smuggling in our airports. It beggars belief why this wasnt provided to or at least some of this information was not provided to the Schapelle Corby defence. That is one thing. Certainly if this report has been available since September - why did the Government remove the inspector of Transport Security in February and two of his staff? In circumstances where there is systematic evidence of systematic criminality suggesting potential terrorist events could take place based on the systems used by these criminals." Whilst McClelland failed to follow up the issues he raised once in office, his statements are indicative of the wider culture of secrecy, suppression and laissez-faire. As Section 2.4 reveals, this created the climate for the direct withholding of primary and potentially critical evidence, specifically regarding Schapelle Corby's boogie board bag. It is also within this culture that the whole myriad of alarming incidents occurred, from the clear discrepancies relating to the boogie board bag handling and screening, to the disturbing conduct of individual politicians and police officers, and to the hugely disturbing matter of the unavailability of CCTV footage from three Australian airports (see Section 3).
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2.6 THE FATE OF THE BOOGIE BOARD BAG

Having left Australia, the fate of Schapelle Corby's boogie board bag is well documented. Upon collection in Bali it contained 4.2 kg of marijuana, but as a source of evidence, its value diminished throughout the following months. Schapelle Corby herself quickly understood that the bag itself was central to her fate. She immediately asked for the bags to be weighed, to demonstrate that they were 4.2kg heavier than when she departed Brisbane. Her requests were refused. She also understood that the bags and the marijuana might hold vital clues regarding the source of the drugs, such as fingerprints or DNA. Her efforts to prevent Indonesian court officials and others from handling the bag and contaminating it also failed. Regardless, she continued to use every means at her disposal to seek to have the evidence properly examined, and to have the marijuana tested for country of origin. She urged the prosecutor, in front of witnesses, to allow forensics tests and fingerprinting:
Courtesy 'My Story' Pan Macmillan
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She formally requested intervention from the Australian consulate:
Her lawyers sought, at every opportunity, to force legal intervention, including last ditch appeals to prevent the Supreme Court from burning the evidence:
[Reference: See video footage on www.expendable.tv]
All these efforts, and others, are an indisputable matter of public record. But she failed. The court refused throughout, and the Indonesian Supreme Court had the bag and its contents burned, so that it could never be tested.
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However, in a letter to one of his constituents, the Justice and Custom's Minister, Chris Ellison, who features heavily in this and other reports, retrospectively represented this situation as follows:
Note that he also downplayed the burning of the evidence, which is most certainly not routine when the defendant is openly asking for it to be tested. [Anomaly #12] Why did the Justice and Custom's Minister Christopher Ellison, in his letter to a member of the public, contradict what had actually happened in Indonesia with respect to the marijuana and the boogie board bag?
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ADDENDUM: THE APPEAL Whilst it is outside the scope of this report, it is nonetheless noteworthy that Ellison was also linked to the events surrounding Schapelle Corby's unsuccessful appeal. Two QCs, Mark Trowell and Tom Percy, were pressed on to the Corby family to assist, despite questions of how non-Indonesian speaking Australian lawyers could possibly offer real help. The Sydney Morning Herald edition of 27th June 2005 reported subsequent events as follows:
The eventual State Administrative Tribunal into Trowell's misconduct, stated that:
[The full transcript can be found in the library on www.expendable.tv]
In view of the consequences of the appeal failure for Schapelle Corby, questions have been asked regarding Trowell's role, and in particular, his relationship with Ellison and the government. Given that he told the tribunal that he believed the government was his client, what was, or what did he believe, his mission to be? No answers have been forthcoming. It is also a relevant point here that at the appeal itself, the key issues pertaining to the boogie board bag with respect to corruption and insecurity at Sydney Airport, were relatively subdued. Accordingly, media reporting of this aspect in Australia, and elsewhere, was muted.
CUSTOMS MINISTER CHRISTOPHER ELLISON Schapelle Corbys lawyer was unaware of many of the disturbing matters documented within this report. However, even without this information, he experienced a series of difficulties and obstructions, when seeking to assist his client. On 12th August 2005, he documented these in a formal complaint to Prime Minister Howard, in which he outlined the disturbing conduct of Ellison throughout the case.
This met with the same fate as his repeated requests for information and assistance. The full complaint is documented in Supplementary Report 1.
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[CCTV Footage]
3. CCTV FOOTAGE
3.1 INTRODUCTION
The issue of the complete lack of availability of the CCTV footage from Australian airports has caused controversy and disbelief from the outset. This is not least because the original question, with respect to Schapelle Corby herself, is as relevant today as it was in 2004: If Schapelle Corby was guilty, why would she continually beg Australian airports for CCTV footage which would show her bag bursting with marijuana and thus condemn her? So what about that CCTV footage? Why was it, and is it, unavailable from three Australian airports (Brisbane, Sydney Domestic, Sydney International)? Again, a number of internet websites provide a good overview of this aspect:
Let us look a little more closely.
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[CCTV Footage]
3.2 FIRST STEPS

Given the disparity between an almost empty boogie board bag, and one containing 4.2kg of marijuana, Schapelle Corby and her family realized from the start that CCTV footage of her checking her bags in would prove her innocence. Even in the midst of the inevitable chaos, a range of initiatives were taken. For example, family friend and supporter, Guy Pilgrim, went to Brisbane airport in person on 14th October 2004 in physical pursuit of the footage. He recorded his experience on video through a chat with Schapelle Corby's mother, Rosleigh Rose:
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[CCTV Footage]
Rosleigh Rose summarized the frustration of her family as follows:
Rosleigh Rose also kept a diary. The following are some sample entries:
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[CCTV Footage]
Schapelle Corby herself reflected upon the CCTV situation in her book, with the following observations:
My Story - Schapelle Corby with Kathryn Bonella
Her frustrations and despair continued to increase as the answers never came:
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[CCTV Footage]
My Story - Schapelle Corby with Kathryn Bonella
[Anomaly #13] Schapelle Corby, her family, and her lawyers, were given a range of conflicting stories, as they desperately sought the CCTV footage. Each story though had the same outcome: no CCTV images were provided.
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[CCTV Footage]
3.3 THE CCTV LOCATIONS

Examination of the situation at each airport reveals the increasingly contradictory positions of the AFP and Qantas. 3.3.1 BRISBANE CHECK-IN AREA Qantas had four cameras in the check-in hall. Their formal position was stated in a letter of 1st December 2004:
But this was not the position of the AFP, as stated by them on many occasions. For example, the following is a statement made to the Senate Legal and Constitutional Affairs Committee in February 2005:
Another example from many is the following extract from a ministerial brief from the AFP to the Minister for Justice and Customs from April 2005:
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[CCTV Footage]
[Anomaly #14] Qantas and the AFP provided wholly conflicting stories regarding the fate of the CCTV check-in area footage. The implications of each version with respect to the other party were serious. This discrepancy, of course, has a number of significant implications. The possibilities are as follows: 3.3.1.1 The Qantas Version Is Correct Let us first presume that the account given by Qantas is correct, noting that they actually operate the equipment and that it is the more detailed of the two. The first consequence is that when called to account to explain the lack of CCTV footage to assist Schapelle Corby, the AFP did not report the actual reasons provided by Qantas. Instead of bringing to the attention of their political superiors that the CCTV system at a major airport had not been working properly, or at all, for weeks, if not longer, they claimed a re-write cycle of 7-10 days. This unsurprisingly presented a calm, normal, and secure operation. Instead of mentioning substantial repairs and data loss, they suppressed the information entirely, claiming it to have been written over, when that was not the case at all. They essentially hid the situation that for an unknown lengthy period there was, at best, intermittent security camera coverage at Brisbane Airport. Whilst this undoubtedly covered for those responsible for these security exposures, it also deflected attention from Schapelle Corby's immediate need: the CCTV images. If the footage was lost via erasure, the matter itself was self evidently closed, simultaneously closing official pursuit of the images. 3.3.1.2 The AFP Version Is Correct The second possibility is that the AFP version is correct, and that there was a 7-10 day re-write cycle. But if this was the case, why would Qantas have invented such a sophisticated story? There are several potential resultant scenarios. One is that there was corruption at Brisbane Airport and that the CCTV system was in fact sabotaged. Or another possibly is that rather than "the unit underwent substantial repairs which resulted in the loss of all previously recorded data, including data for 8 October 2004" (Qantas), the data was purposely and not accidentally erased during this process.
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[CCTV Footage]
3.3.1.3 Another Perspective Another possibility is that the CCTV footage was seized, perhaps by ASIO. This becomes less unlikely when considered in the context that CCTV footage was unavailable from every potential source across three airports. This suggestion is, of course, supported by the strategic political imperative with respect to international relations with Indonesia, and the need to prevent exposure of related domestic issues.
Whichever scenario is correct, at least one party appears to have provided entirely false information. Regardless of which party this was, and regardless of how desperately Schapelle Corby and her family pleaded for the footage, it was never forthcoming.
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[CCTV Footage]
3.3.2 BRISBANE EXTERIOR Rosleigh Rose drove her daughter Schapelle, and her friends, to Brisbane domestic airport in plenty of time for their flight. She dropped them outside the entrance and parked the car for a short stay.
There were a number of cameras in situ.
However, when approached, the car park management company stated that there was limited coverage of the car parking area, that most coverage was directed towards the pay stations, that the cameras were triggered by motion sensors and take still photos and that, critically, the cameras had limited storage memory, storing up to two months footage maximum. Despite numerous enquiries, no footage of Schapelle Corby was ever obtained.
[CCTV Footage]
3.3.3 BRISBANE AIRSIDE In July 2005 Qantas submitted the following comment to an aviation security review by the Joint Committee of Public Accounts & Audit. "At the time of Ms Corbys travel, Qantas had no dedicated CCTV camera coverage of the baggage handling areas at either the Qantas Brisbane Domestic Terminal or the Qantas Sydney Domestic Terminal. There are, however, CCTV cameras installed which cover the apron areas where aircraft are parked. The purpose of these cameras is to cover aircraft operations and movements to and from the aerobridges, and they do not provide coverage of baggage handling, loading or unloading activities." [Anomaly #15] Qantas stated that the purpose of the cameras in the apron areas was to cover aircraft operations and movements. However, regardless of purpose, it is certain that they recorded some baggage movements. The question therefore arises of why the images from the appropriate cameras were not retained when Schapelle Corby's family and lawyers were making their requests.
In addition, a number of media outlets appeared to contradict the Qantas submission. For example, The Sydney Morning Herald stated the following regarding baggage transfers in Brisbane:
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[CCTV Footage]
3.3.4 SYDNEY AIRSIDE The media at the time covered this aspect as follows:
Sydney Morning Herald: March 5th 2005
But the situation was in fact rather more sinister than suggested. Let's consider how the Attorney General describes the CCTV coverage of the baggage makeup areas:
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[CCTV Footage]
HOUSE OF REPRESENTATIVES, QUESTIONS IN WRITING Sydney (Kingsford Smith) Airport QUESTION 3874 Wednesday, 21 March 2007 John Murphy:
(5) Can the Minister be certain that all sections of the baggage make-up areas of Sydney International Airport were captured by surveillance cameras at all times between October 2004 and March 2005; if so, why; if not, why not. Philip Ruddock: (5) Refer to Question 1 above. I am unable to answer this question on behalf of other entities at Sydney International Airport. (1) A combination of fixed and pan tilt zoom (PTZ) cameras are placed to maximise the fields of view of Customs cameras in the baggage make-up area. This arrangement of cameras means there is built in redundancy of view so that if any camera is temporarily out of service, then there is still capacity to cover the entire area.
So, all areas were covered, and there is even built in redundancy to ensure uninterrupted coverage. The Minister for Transport and Regional Services responds similarly:
HOUSE OF REPRESENTATIVES, QUESTIONS IN WRITING Sydney (Kingsford Smith) Airport QUESTION 3259 Wednesday, 9 August 2006
Mr Murphy (Lowe) asked the Minister for Transport and Regional Services, in writing, on 28 March 2006: (1) Does Sydney Airport Corporation Ltd (SACL) have surveillance cameras installed at Sydney International Airport; if so, what are the details and, in particular, does SACL have surveillance cameras installed in the baggage handling areas. Mr Truss (Wide BayMinister for Transport and Regional Services)The answer to the honourable members question is as follows: (1) Yes. Sydney Airport Corporation Limited (SACL) currently has approximately 800 closed-circuit television (CCTV) surveillance cameras in operation at Sydney Airport, including cameras installed in the baggage handling areas in Terminal One and Terminal Two of Sydney Airport.
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[CCTV Footage]
[Anomaly #16] Despite the sophisticated nature of CCTV coverage of the baggage areas at Sydney International Airport, including built-in redundancy, not a single frame of CCTV footage was provided to Schapelle Corby or her lawyers. And again, a range of excuses where presented. Seemingly comprehensive and leading edge equipment, in a security imperative setting, produced nothing whatsoever; not even raw footage to search through. Some light is perhaps shed upon this mystery by journalist Tony Wilson:
Yet again, Customs Minister Ellison appears to be central to events.
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[CCTV Footage]
3.4 DRUG SYNDICATION AT SYDNEY AIRPORT

3.4.1 THE MOCHA STORY Knowledge of the Mocha Operation created yet another plethora of issues:
Ref: Hidden Truth, Schapelle.Net
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[CCTV Footage]
Further details of the police corruption are provided thus:
Ref: Hidden Truth, Schapelle.Net
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[CCTV Footage]
[Anomaly #17] There was a major drug smuggling operation on the airport, involving corrupt baggage handlers, at exactly the time Schapelle Corby and her boogie board bag passed through. This was at exactly the same time and in exactly the same baggage make up area. Or from a different perspective, whilst corrupt baggage handlers were in the process of smuggling drugs, Schapelle Corby's boogie board bag appeared, and what subsequently unfolded was no CCTV footage, missing screening records, and ultimately, even the police who were supposed to be investigating, convicted on corruption charges. And, of course, 4.2kg of marijuana in a boogie board bag in Bali, and a 20 year sentence for Schapelle Corby.
THE ATTORNEY GENERAL
In response to a parliamentary question, Attorney General Philip Ruddock described this situation as follows: "Upon arrival at Sydney Kingsford Smith International Airport, (SKSA) luggage containing narcotics was diverted by a baggage handler prior to an Australian Customs Service examination. The narcotics were then supplied to members of the syndicate".
He further stated that: "The corrupt behaviour was discovered when a human source approached the NSWCC in December 2004 and provided details of the methods used by the syndicate to import drugs through the airport. The human source was told this information sometime after June 2004". It has been speculated that the source came forward when he or she became aware of Schapelle Corby's situation in Bali.
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[CCTV Footage]
AIRPORT LAYOUT The following is an image of the layout of Sydney International Airport:
LAN801 is the flight upon which the cocaine arrived, whilst AO7829 is the number of the flight Schapelle Corby took to Bali. The Daily Telegraph explained the situation as follows:
A Brisbane man, identified in court as Gary Macdonald, checked two bags on to a flight from Argentina on October 8, 2004 -- but, while he arrived home, his bags did not. A police informant later revealed baggage handlers were paid to remove the bags in Sydney before Customs could inspect them.
Both bags were taken from the LAN801 stand to the baggage make up area, where, like Schapelle Corby's, they were managed by the corrupt baggage handler crew.
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[CCTV Footage]
3.4.2 A QUESTION OF TIMING The situation becomes even starker if we examine the actual timings. The boogie board bag was placed into baggage canister DQF60342QF at Pier C at 08.18, having been hauled from Pier B on a trolley. This would have placed it at the Pier B scanning area perhaps 5-10 minutes earlier, circa 8:08 - 08:13. LAN801, carrying the two bags, one of which held the cocaine, landed at 07:50, docking at Gate 35 for unloading at circa 8:00. The first pieces of baggage would typically arrive at the baggage make up area five minutes later, at around 8:05. The timing to suggest interaction could hardly be more perfect. Schapelle Corby's boogie board bag and the two incoming suspect drug bags were almost certainly in exactly the same place at exactly the same time, in an area being managed by corrupt baggage handlers.
The undeniable fact is that the second bag from LAN801 was never seen again, whilst 4.2kg of marijuana was present in Schapelle Corby's bag when she collected it in Bali... the same bag which was unrecorded on the SACL screening system, to which the same baggage handlers were responsible for submitting. What followed was a series of arrests, dismissals and the inevitable PR operation on behalf of SACL, Qantas and the government. As earlier sections have revealed, what also followed was the withholding of vital information and data, by a number of parties whose interests were directly or indirectly threatened. For Schapelle Corby the outcome was devastating.
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[CCTV Footage]
3.4.3 GOVERNMENT CORRESPONDENCE The government were well aware of this situation. Indeed, under the weight of public opinion they sent the following letter to Schapelle Corby's lawyers in May 2005:
This clearly acknowledged the situation, and confirmed their awareness of the alarming developments. Despite this, when the public relations crisis had passed just a few weeks later, they didn't inform Schapelle Corby of key new evidence which directly related to it (see Section 2.4). It also proved to be increasingly difficult for Schapelle Corbys lawyers to obtain any information or data from them at all, on any of the relevant issues.
[CCTV Footage]
3.4.4 PARLIAMENTARY QUESTIONS Efforts to extract information in Parliament, by John Murphy MP, were also unsuccessful: Written question by John Murphy MP:
Have inquiries been undertaken by (a) the AFP, (b) any government department, (c) Sydney Airport Corporation Limited or (d) any other organisation to (i) establish whether the baggagehandler had acted in unison with other individuals, (ii) ascertain whether there have been other incidents or allegations of corrupt or irregular behaviour by employees of any organisation, the workplace of which is located at Sydney International Airport, within those premises and (iii) establish preventative measures to avert future occurrences of corrupt or irregular conduct involving narcotics at Sydney International Airport; if so, what were the findings, conclusions and recommendations of each inquiry; if no inquiries have been conducted, why not.
Response by Attorney General Philip Ruddock:

(a) Yes. (b) I cannot comment if other government departments made enquiries. (c) I cannot comment if the Sydney Airport Corporation Limited made enquires. (d) I cannot comment if any other organisations made enquiries. (i) Evidence will likely be presented in court that persons had contact at SKSA. They may have been Qantas baggage handlers or other staff and they are not specifically identified in the brief of evidence. As this matter is before the courts, it would be inappropriate to comment any further. (ii) I am unable to provide that information. (iii) I am unable to provide that information.
These responses provided far less information than was already available within the public domain, for example via the following media report (extract):
The Daily Telegraph: April 06, 2006 SECURITY cameras in the baggage handling area of Sydney airport have been repeatedly tampered with, raising fresh questions about a string of drug cases and the threat of terrorism. Sydney Labor MP John Murphy who revealed the scandal to The Daily Telegraph claimed the security breach cast fresh doubt on the guilt of convicted drug trafficker Schapelle Corby. It could also have potential implications for other drug matters in recent years, including Operation Mocha in which a syndicate allegedly ran $30 million in cocaine through the airport with the help of corrupt baggage handlers. The Daily Telegraph can reveal two cameras inside the baggage handling unit were sabotaged on three occasions between October 2004 and May 2005. In answers to questions on notice submitted in Parliament by Mr Murphy, Customs Minister Chris Ellison confirmed the cameras had been deliberately disabled.
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[CCTV Footage]
"The customs maintenance provider of its CCTV cameras at Sydney International Airport has been required to adjust two of customs' CCTV cameras in the baggage make-up area of the airport on three occasions between October 2004 and May 2005" Senator Ellison said. "These adjustments were required to correct the field of view following reports from customs' control room operators that cameras were pointing in the wrong direction." The cameras are used to monitor the behavior of baggage handlers as they sift through luggage behind the airport's check. The new revelations come after an internal customs report in September 2004 that revealed large-scale corruption among baggage handlers and other airport staff. "Intelligence from other law enforcement agencies suggests some Asian-recruited Qantas crew may be involved in narcotics," the report found. The report also revealed baggage handlers would divert bags containing drugs from incoming international flights to domestic carousels so they would not be checked. . Mr Murphy said the security breach was most relevant to the Corby case and urged her lawyers to act in the light of the new developments. "I am sure Schapelle Corby and her legal team would like to know when the first breach occurred and how long it took to be brought to the attention of the Customs Minister," Mr Murphy said yesterday. . "Anyone working in this area could have put heroin in a passenger's luggage at either the domestic or international airport at Sydney and that person would never know."
The same applied to the leader of the parliamentary opposition at the time, Kim C Beazley MP, whose paper, A Nation Unprepared, reported the following in August 2005:
Then, following all that, the emergence of the extraordinary classified Customs report which was completed in September 2004 but only made public when it was leaked to a newspaper earlier this year. It revealed shocking security breaches at Sydneys Kingsford Smith Airport. The report identified dangerous holes such as: passengers baggage containing large amounts of narcotics being diverted to domestic carousels to avoid Customs inspections; 39 security screeners out of 500 employed at the airport have serious criminal convictions, with a further 39 convicted of minor matters; theft by airport employees from baggage and aircraft duty free trolleys; engineers with unauthorised duplicate keys; and black spots not under surveillance in the airports basement corridors that are used as drug drop off points.
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[CCTV Footage]
3.4.5 THE FLIGHT DELAY PATTERN [Anomaly #18] All but two flights departing Sydney International Airport on 8th October 2004, when Schapelle Corby was in transit, were delayed by at least 18 minutes. The delays began within 20 minutes of her luggage reaching the baggage make up area, and continued until shortly after her flight left at 11:12 am. It is suggested that the sequence of delays of so many consecutive international flights may be partially related to problems with baggage handling, and potentially a desperate search for 4.2kg of marijuana. An alternative suggestion is that the delays may themselves have caused take-off orders to change, and thus difficulties with the planned transfers of incoming drugs.
This diagram illustrates the overall pattern of delays for 8th October 2004 (calculated on the differential from the earliest departure time for each flight in the research period). The bottom of each rectangular bar represents the arrival time of the aircraft at Sydney, whilst the top of the bar represents the earliest/scheduled departure time for that flight. The top of each 'wick' (or line extending from the top of each bar) shows the actual departure time. Thus the length of wick shows the delay for that flight.
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[CCTV Footage]
The pattern of delays beginning at approx 08:38 is clear from the extended length of wick for subsequent flights. The following diagram represents a closer view of that period.
Only two local flights to Melbourne, QFA2 and MAS6210, were not delayed during this period [Note that the non-delay of these flights provides an interesting alignment with the testimony of John Ford, which was enthusiastically dismissed by Keelty]. All international flights were delayed. The delay times are as follows:
ANZ142 AAR602 ANZ182 QFA2 QFA25 QFA119 QFA123 JAL772
Wellington Seoul Christchurch Melbourne Brisbane Auckland Mumbai Tokyo
29 92 44 0 102 38 110 48
QFA47 ANZ102 FOM410 QFA149 PBI42 ACA034 QFA3 AUZ7829
Wellington Auckland Palmerston Los Angeles Wellington Honolulu Honolulu Denpasar
52 51 56 23 41 55 46 57
HVN782 MAS6210 EVA312 LAN800 QFA127 QFA107 PRZ063
Ho Chi Minh City Melbourne Taipei Auckland Hong Kong Los Angeles Denpasar
31 0 48 30 18 25 32
No other sequence of delays, even remotely resembling this pattern, was found during analysis of a significant period spanning before and after 8th October 2004. Note that the weather was good, and there was no industrial action.
[Research & analysis: Dr Adrian Bradford, Perth]
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[Issues & Findings]
4. ISSUES & FINDINGS

4.1 RECORDED ANOMALIES
Some of the questions, issues and anomalies encountered as listed below:
[Anomaly #1] The boogie board bag with just body board and flippers was overweight with respect to carrier norms, but despite this it was checked through as normal boogie board weight. Had it also contained 4.2kg of marijuana, it would have been grossly overweight, almost certainly triggering a manual check.
[Anomaly #2] Either the check-in operator for unknown reasons allowed significantly overweight bags to be loaded without a charge or a fuss OR The data reflecting the weight of Schapelle Corby's bags was increased after check-in. [Anomaly #3] Only three out of the four bags checked in by Schapelle Corby were present on the SACL baggage screening system. The boogie board bag's tag number (#0081884193) was missing completely. [Anomaly #4] In correspondence, why did the AFP dramatically switch the critical focus from such significant new information to one specific scenario, at the expense of all others? Equally, why did they switch it from the wider implications of the new information? [Anomaly #5] Why was Ellison concerned about who was aware of the baggage tag information, given that he now knew that Schapelle Corby's boogie board bag was the only bag not recorded on the SACL system?
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[Issues & Findings]
[Anomaly #6] Ellison and Keelty withheld central and potentially critical evidence from Schapelle Corbys legal team, regarding bag scanning, even when asked directly about it. Equally, they withheld information, provided by DOTORS, that flights to Indonesia required 100% scanning, and that the situation at Sydney airport was wide open to abuse.
[Anomaly #7] In pre-prepared responses to Possible Parliamentary Questions, there was no reference whatsoever to the new evidence, which was circumvented by a variety of tangential responses. The information was thus withheld from the Australian Parliament. MPs, Senators and the public were clearly misled.
[Anomaly #8] Despite the serious implications for the welfare of Schapelle Corby, and equally, with respect to wider airport security, we found no evidence that the AFP conducted an investigation into the issue of the missing boogie board bag screening data.
[Anomaly #9] Neither the AFP, nor Customs, informed Schapelle Corby of the information detailed within the "Kessing Report", despite this being of fundamental relevance and importance to her defence case. As with the crucial bag screening information, it was withheld.
[Anomaly #10] Whilst he went to the government with his information regarding the missing data, MooreWilton of SACL made no comment at all in public about it, and did not contact Schapelle Corby's family to disclose the disparity between the boogie board bag and the other bags.
[Anomaly #11] Given that the Kessing Reports had been provided to the AFP earlier in the year, that the AFP were actually investigating drug syndication at Sydney Airport, and that a substantial catalogue of supporting evidence was already in wide circulation, why did Keelty state the following to the media just weeks before the verdict in Schapelle Corby's Bali trial: "There is very little intelligence to suggest that baggage handlers are using innocent people to traffic heroin or other drugs between states"?
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[Issues & Findings]
[Anomaly #12] Why did the Justice and Custom's Minister Christopher Ellison, in his letter to a member of the public, contradict what had actually happened in Indonesia with respect to the marijuana and the boogie board bag?
[Anomaly #13] Schapelle Corby, her family, and her lawyers, were given a range of conflicting stories, as they desperately sought the CCTV footage. Each story though had the same outcome: no CCTV images were provided.
[Anomaly #14] Qantas and the AFP provided wholly conflicting stories regarding the fate of the CCTV checkin area footage. The implications of each version with respect to the other party were serious.
[Anomaly #15] Qantas stated that the purpose of the cameras in the apron areas was to cover aircraft operations and movements. However, regardless of purpose, it is certain that they recorded some baggage movements. The question therefore arises of why the images from the appropriate cameras were not retained when Schapelle Corby's family and lawyers were making their requests.
[Anomaly #16] Despite the sophisticated nature of CCTV coverage of the baggage areas at Sydney International Airport, including built-in redundancy, not a single frame of CCTV footage was provided to Schapelle Corby of her lawyers. And again, a range of excuses where presented.
[Anomaly #17] There was a major drug smuggling operation on the airport, involving corrupt baggage handlers, at exactly the time Schapelle Corby and her boogie board bag passed through. Her boogie board bag was in exactly the same baggage make up area at exactly the same time as two incoming bags from the carrier from South America. One bag contained cocaine, the other totally disappeared, whilst the boogie board bag contained marijuana when it was opened in Bali.
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[Issues & Findings]
[Anomaly #18] All but two flights departing Sydney International Airport on 8th October 2004, when Schapelle Corby was in transit, were delayed by at least 18 minutes. The delays began within 20 minutes of her luggage reaching the baggage make up area, and continued until shortly after her flight left at 11:12 am.
[Anomaly #19] The fact that all bags other than the boogie board bag were present and correct on the SACL system was an important new piece of primary evidence, and indeed, was central to the case. Keelty, Ellison and probably Howard were aware of this item of key evidence, which may have significantly aided Schapelle Corby's defence prospects. Ellison even pointed out that her lawyers may have been unaware of it, as indeed was the case. But instead of bringing it to the attention of Schapelle Corby and her lawyers, all parties withheld it. Further, Parliament, and the public were also blatantly misled on a number of occasions. This pattern was repeated with respect to a number of other evidential matters. Assessment of the motives for this extremely disturbing aspect is outside the scope of this report.
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[Issues & Findings]
4.2 INTERIM HEADLINE FINDINGS

A number of clear headline findings can be reported. These are as follows: 1. The proposition that all the documented anomalies are coincidental is not tenable. Indeed, it is statistically impossible. 2. Given that Schapelle Corby had no airside access, she had no influence at all over the events that transpired once she checked her bags in. 3. Security at the Sydney airports was dangerously inadequate, and the level of corruption was substantial. 4. The priority of all organizations involved was self interest. Qantas and SACL were primarily concerned with protecting their reputation and brands. 5. The AFP and the government engaged in an exercise of limitation of political damage. This embraced media management to a degree which endangered public accountability and the interests of the flying passenger. Schapelle Corby's interests were disregarded. 6. The government and the AFP withheld key and vital evidence. This evidence would have been highly damaging to SACL and Qantas, embarrassing and difficult for themselves, but invaluable and possibly critical to Schapelle Corby. 7. The Australian Parliament was directly misled on a number of occasions. 8. The media and the Australian public were almost routinely misled on a significant number of issues. 9. The possibility that the marijuana found in the boogie board bag was sourced by Schapelle Corby is almost non-existent. 10. Serious questions exist regarding the relationships and interests of individuals within government and the corporations involved, and how this influenced their decisions and actions at the time.
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End of Section 3
SECTION 4
Supplementary Report To The Expendable Project Report Exceptions At Australian Airports With Respect To The Schapelle Corby Case
CONTENTS
1. Introduction
1.1 Introduction 1.2 The Baggage Handling Process at Sydney Airport
2. The Australian Customs Service 3. DOTARS 4. Qantas Airways Limited 5. Sydney Airport Corporation Limited
6. Findings & Conclusions
[Introduction]
1. INTRODUCTION
1.1 INTRODUCTION
The Transit Report showed that Schapelle Corbys boogie-board bag was the only bag not screened at Sydney airport. It proved that both the government and the Australian Federal Police were well aware of this fact. The following letter, from Justice & Customs Minister Christopher Ellison, illustrates this:
It further proved that when Schapelle Corbys lawyers asked them about it, this vital primary evidence was withheld. Indeed, Schapelle Corby and her family were totally unaware of it until The Transit Report was published, in September 2011.
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[Introduction]
It also showed that screening was mandatory for 100% of baggage on flights to Indonesia, that criminal airport staff were smuggling drugs in the same baggage area when Schapelle Corbys baggage passed through, that her bags were 5kg overweight on the Qantas system but that no charge had been levied, and that the AFP and others produced a range of demonstrably false stories to explain missing CCTV footage from three airport terminals. This supplementary report, however, examines the role of those organizations with responsibility for the carriage of Schapelle Corbys baggage, and their reaction to the discovery that only the boogie-board bag had not been screened.
1.2 BAGGAGE HANDLING PROCESS AT SYDNEY AIRPORT

The process at the Sydney airports was for Qantas to unload the luggage from the domestic flight, and take it to the SACL area at the international terminal for screening. On release from SACL, Qantas handling staff would then take the luggage to the baggage holding area for the outgoing flight to Bali. The following diagram illustrates the handling of Schapelle Corbys baggage from Brisbane through to Bali.
The following sections cover those parties with responsibility for at least one aspect of carriage, or management of the baggage, from its arrival at the Sydney domestic terminal.
[Australian Customs Service]
2. AUSTRALIAN CUSTOMS SERVICE

The Australian Customs Service held prime responsibility, on behalf of the government and nation, to prevent cross border transfer of illegal items, including drugs and explosives. However, the documentation demonstrates that, from the outset of the Schapelle Corby case, their prime objective was to distance themselves from any responsibility, and effectively, remove themselves from involvement. The following email was received by Customs just five days after Schapelle Corbys arrest:
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This asked very clear and pertinent questions about the bag screening process, an issue which might be considered to be of fundamental importance to a customs department. But, immediately, Customs sought to deflect the matter to other parties:
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The following letter was sent to Schapelle Corbys lawyer in reply:
On the vital issue of screening, Mr Chapman unhelpfully directed the lawyer to other agencies. The next contribution from Customs was equally evasive of responsibility:
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Subsequently, whilst again abrogating any responsibility for themselves, they described the screening process as follows:
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The Australian Customs Service offered no further help, or substantive information, to Schapelle Corby or her lawyers.
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[DOTARS]
3. DOTARS
The Department of Transport & Regional Services (DOTARS) provided a clear overall picture of the process:
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[DOTARS]
This confirmed that: All bags destined for Indonesia were mandated to be screened "100% CBS was being applied to passenger flights to Indonesia") The boogie-board bag would have been manually screened ("Oversized bags... are checked through a supplementary CBS machine") The system was patently open to abuse and corruption (eg: "potential for opportunities to be created", "a potential inconsistency in the system", "area of potential weakness", "potential for system failure").
The recipients of this, AFP Commissioner Keelty and Justice & Customs Minister Ellison, already knew that Schapelle Corby's boogie-board bag, and only that bag, was not screened, or even present on the SACL system at all. As did SACL itself. This was the final substantive contribution by the Department of Transport & Regional Services.
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[Qantas]
4. Qantas Airways Ltd

The first formal contribution by Qantas was dated 1st December 2004. Question 5 is the first manifestation of their position on the baggage screening issue. This was, essentially, to pass responsibility to Sydney Airport Corporation Ltd (SACL):
By directing Schapelle Corbys lawyer to SACL to seek further information in relation to the screening of such baggage Qantas clearly implied delivery to that organization of Schapelle Corbys bags, including the boogie-board bag. There is no indication whatsoever that the bag might not have been provided, by Qantas staff, to SACL for screening.
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[Qantas]
NOTE: Schapelle Corby checked in normally, without fuss or surcharge. However, when the Qantas records were subsequently examined, they showed the baggage to be 5kg overweight on the system. Hence, either she had inexplicably not been charged (approx $175) in excess baggage, or the weight had been added after check in, perhaps to take account of the addition of 4.2kg of marijuana. As Qantas will have been well aware of their own weight thresholds, they must have been aware of this anomaly. However, when asked directly about the weight of the bags, they only provided details of the overall weight:
Again, Schapelle Corby and her family were totally unaware of this until The Transit Report was published, in September 2011.
[SACL]
5. Sydney Airport Corporation Ltd

On being pressed by Schapelle Corbys lawyer for information on baggage screening, Justice & Customs Minister Ellison wrote to SACL on 27th June as follows:
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[SACL]
Whilst the terminology could not be considered to be encouraging of a positive response, it did initiate an evidential dialogue.
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[SACL]
SACLs formal position was documented in a response dated 5th July 2005:
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[SACL]
Clearly, informing Schapelle Corbys lawyer that SACL had no screening data for the boogie-board bag, is significantly different to informing him that it was absent for ONLY the boogie-board bag. This point was not lost on the recipient of this email, Justice & Customs Minister Ellison, as he referred to it in a subsequent letter to AFP Commissioner Keelty (see The Transit Report for further details). Also, Moore-Wilton repeatedly distances SACL from the core issue. He states that none of our staff had direct contact with Ms Corbys luggage, and he emphasises the role of Qantas by stating that, Baggage handling operations is the responsibility of the relevant airline, and that, Qantas in this instance was the only entity that could confirm the baggage tag number. It is thus not unreasonable to state that the impression created, was that the baggage omission resulted from the non-presentation of the boogie-board bag by Qantas.
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[SACL]
The core information, that Schapelle Corbys boogie-board bag was the only one for which screening data was not present on the SACL system, was discussed between Ellison and Keelty, on 6th July 2005:
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[SACL]
It is clear that at this point, SACL, Qantas, DOTARS, Ellison and Keelty, were all well aware of the situation. Ellison and Keelty were demonstrably aware of its significance to Schapelle Corby. However, as detailed in The Transit Report, Ellison withheld the information, when directly confronted by Schapelle Corbys lawyer. Just two days later, he referred to the baggage collectively: none of their staff had contact with Ms Corby or her baggage during her transfer, and made no reference whatsoever to the central discovery:
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[SACL]
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[SACL]
Five days later, Ellison again failed to convey the central information, and referred the lawyer to other organisations:
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[SACL]
Subsequently, the following response was prepared for Parliament, in case he was challenged on the non-screening of the boogie-board bag:
It is clear that yet again, there was no intention to confirm the critical information: that the boogie-board bag was the only one not screening. As of September 2011, neither Schapelle Corby nor her family have ever been made aware that the boogie-board bag was the only one not screened in Sydney.
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[Findings & Conclusions]
6. Findings & Conclusions

The self interest agenda documented in the previous sections speaks for itself. All parties sought to pass blame and responsibility to others for the serious screening failures, and thus, the undoubted corruption and criminality behind it at Sydney airport. Schapelle Corbys interests were simply dismissed, as party after party abrogated responsibility. Politically, there was also a significant degree of orchestration. The following, for example, illustrates how the government sought to consolidate responses from even private commercial entities:
The most pivotal role, however, was that of Justice & Customs Minister Ellison. He was in regular correspondence with Schapelle Corbys lawyer, and even when asked directly about baggage screening, he failed to disclose the vital information that only the boogie-board bag wasnt screened. As a lawyer, he must have been well aware of its significance.
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He also failed to disclose this information to Parliament or, directly to Schapelle Corbys family when they approached the government. Ellisons role in the overall case is documented throughout The Expendable Project. However, even without the benefit of this information, Schapelle Corbys Indonesian lawyer was frustrated enough to call upon the Australian Prime Minister to set up a commission into his conduct:
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The role of the Australia Federal Police is also worthy of additional note. AFP Commissioner Keelty was aware of all the pertinent facts, along with other critical information, such as the contents of the Kessing Reports. He too failed to disclose this to Schapelle Corby or her family. Further information on this, and other aspects pertaining to the events at Sydney Airport on 8th October 2004, are documented in The Transit Report:
http://www.expendable.tv/2011/09/transit-report.html
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End of Section 4
Hidden World Research Group
SECTION 5
The Refusal To Forensically Test Schapelle Corbys Boogie Board Bag And The Marijuana Found Within
CONTENTS
1. Introduction 1.1 Forensic Testing & Marijuana 1.2 Schapelle Corbys Pursuit of Forensic Tests
2. The Australian Government 2.1 The Surface 2.2 Chronology
3. The Indonesian Legal Process 3.1 The Bali Court 3.2 The Destruction of the Untested Evidence
4. Australian Misrepresentation
Introduction
1. INTRODUCTION
1.1 FORENSIC TESTING & MARIJUANA The marijuana found in Schapelle Corbys bag was central to Schapelle Corbys prospects of proving her innocence. This was particularly the case, given the impediments and obstructions which prevented her lawyers from collecting other primary evidence, such as CCTV footage. Marijuana can be forensically tested. This can reveal who has grown it, handled it, and packed it. Whilst the packaging is particularly useful with respect to the latter, the marijuana itself can also hold valuable clues. Marijuana can be tested for country and region of origin, which in Schapelles Corbys situation was a vital matter. For example, if it was Indonesian, she would have had to be acquitted and released. In a case as significant as this one, formal forensic testing of the marijuana should have been a priority of the prosecution, and certainly of the court itself. It should also have been a priority of the Australian government, in representing the interests of one of its citizens. But it wasnt. The only party which pursued the issue was Schapelle Corby herself, and her lawyers.
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Page 1-1
Introduction
1.2 SCHAPELLE CORBYS PURSUIT OF FORENSIC TESTS From the beginning, Schapelle Corby instinctively understood that the boogie board bag itself was central to her fate. At the airport, she immediately asked for the bags to be weighed, to demonstrate that they were 4.2kg heavier than when she departed Brisbane. Her requests were refused. She increasingly realized that the bags and the marijuana might hold vital clues regarding the source of the drugs, such as fingerprints or DNA, but her efforts to prevent Indonesian court officials and others from handling the bag and contaminating it also failed.
Regardless, she continued to use every means at her disposal to seek to have the evidence properly examined, and particularly, to have the marijuana tested for country of origin.
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Page 1-2
Introduction
She urged the prosecutor, in front of a number of witnesses, to allow forensic tests and fingerprinting:
Courtesy 'My Story' Pan Macmillan
She formally requested intervention from the Australian consulate:
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Introduction
Her lawyers sought, at every opportunity, to force legal intervention, and appealed frequently to the Bali court for testing. They also launched last ditch appeals to prevent the Supreme Court from burning the evidence (see video on Expendable.TV).
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The Australian Government
2. THE AUSTRALIAN GOVERNMENT

2.1 THE SURFACE Schapelle Corbys open and public efforts to secure something, which was patently fundamental to justice, could hardly have been more high profile. They also placed the Australian government under increasing pressure to respond. The government responded by telling the media that they had offered assistance to the Indonesian police. This was repeated in Parliament, directly by the Australian Federal Police (AFP):
The police in Indonesia, however, claimed a rather different version of events, as reported by AAP:
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Schapelle Corbys lawyer stated that the Bali Police had actually asked for help, and that the AFP had rejected the approach:
Light is shed upon these apparent contradictions through examination of the governments own correspondence.
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2.2 CHRONOLOGY The governments internal documentation referred to Schapelle Corbys efforts to secure testing as early as November 2004. The following is an extract from a DFAT Talking Points brief dated 2nd November 2004:
It is worth stating that, at the outset, the AFPs position with respect to jurisdiction was somewhat misleading. Australia and Indonesia are signatories to a treaty known as The Mutual Assistance in Criminal Matters Act, under the provisions of which one nation can request evidential and other support from the other, for crimes committed within its borders. As Indonesia was alleging that a crime had been sourced in Australia, the AFP could have investigated this, and the Australian government could have required access to the primary evidence, namely, the boogie board bag and its contents. DFAT was apparently extremely keen to avoid this hot potato:
By the 18th November 2004, however, DFATs internal position had hardened, as follows:
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Their position, of ignoring the provisions of the MACM Act and passing responsibility to the Indonesian Police, was thus fully established. By this time, Schapelle Corbys lawyers had travelled to Australia, desperately seeking to bypass this impediment. The media had reported this on 16th November:
The minutes of a meeting held on 22nd November 2004 reveal that Foreign Minister Downer was fully aware of the importance of the testing, and that he stated clearly that the government could pursue it via a direct request:
However, the shortened brief version of this same meeting repositioned this clear statement entirely differently, re-aligning it with what appeared to be DFATs established policy:
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By 29th November, DFAT had co-ordinated sufficiently to better align itself with the position of ignoring the MACM Act, and adopting a wholly reactive role of apparent impotence:
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However, a less visible channel of communication than the above, again contradicted this, by including the following:
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Schapelle Corbys decision, on whether to request the tests, was unequivocal:
She not only re-enforced her original requests for testing, but her lawyers actually provided a detailed list of the specific tests required:
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The Consulate wrote directly to the AFP on 7th December 2004:
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However, DFAT centrally were simultaneously retaining the position of claimed impotence, and were setting the scene for future outcomes, as illustrated by an internal briefing document dated 9th December 2004:
Schapelle Corbys lawyers continued to press. They were aware, and pointed out, that once the case had been passed from the Indonesian police to the Indonesian prosecutors, the prospects of securing testing would be substantially reduced. This is a matter of legal process in Indonesia, and DFAT, and the Australian government, were well aware of it. The AFPs response, however, was not to request access for testing, nor to invoke the MACM Act to require access. It was to approach the Indonesian police with a vague offer of general assistance:
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This had followed various government approaches to Schapelle Corby, stating that test results could damage her case. These have been interpreted by a number of analysts as efforts to delay, or to intimidate her into withdrawal.
Furthermore, some observers have questioned the role of AFP Commissioner, Michael Keelty, in this scenario. Keelty was quoted in the media as being a long term friend of the Head of the Indonesian Police in Bali, Made Pastika, whilst his apparently hostile position with respect to the Schapelle Corby case is documented in the report Exceptions At Australian Airports With Respect To the Schapelle Corby Case. He also reported directly to Christopher Ellison, whose own role is documented throughout The Expendable Project. His contact with, and the unknown contents of his communications with, Made Pastika, have also been queried by observers. On 10th January 2005 it was confirmed that the case had been passed to the Indonesian prosecutor. It was now effectively outside the jurisdiction of the Indonesian police:
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The expected consequences of this were subsequently confirmed:
The changed situation was reflected, as follows, by a DFAT internal briefing paper:
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The pertinent facts at this point are now clear: There had been no formal request by the AFP or the Australian Government to test the marijuana. The MACM Act had not been invoked at any stage to require access to perform testing. The Australian government had failed Schapelle Corby in her increasingly desperate efforts to secure testing of the primary and vital evidence.
Also, contrary to public statements made by the AFP subsequently, the following AFP briefing to Customs Minister Ellison, clearly indicates that the Indonesian police would have received a specific testing request positively:
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Subsequent to this, however, the Australian government represented the situation rather differently. For example, Alexander Downer responded to a fellow MP just days after the handover of the case to the Indonesian prosecutor, as follows:
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Indonesian Legal Process
3. THE INDONESIAN LEGAL PROCESS

3.1 THE BALI COURT Despite the lack of support from the Australian government, Schapelle Corbys lawyers continued to press for testing at every opportunity during the court case itself. This was logged in various DFAT cables, for example:
Despite constant and repeated pleas to a foreign court by an Australian citizen, to have primary and critical evidence tested, the Australian government offered no further support. They did not invoke the MACM Act, nor did they press the issue politically.
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Their silence on these matters, while frequently and openly endorsing the court proceedings, ensured that evidence, which could have proven Schapelle Corbys innocence, was never tested.
We have no reason to believe that the court is at this stage behaving in an inappropriate way ~ Alexander Downer, 6th April 2005
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3.2 THE DESTRUCTION OF THE UNTESTED EVIDENCE With Schapelle Corby and her lawyers still pleading for testing, and pleading for assistance from the Australian government, the Supreme Court in Indonesia ordered that the evidence should be burned. This was undertaken in March 2006.
The public event attracted the attendance of the prosecutor, who was photographed apparently enjoying the proceedings:
There was no condemnation by the Australian government, no protest, and no criticism whatsoever. Schapelle Corby had lost any chance of using the central evidence to prove that she was innocent.
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[Australian Misrepresentation]
4. Australian Misrepresentation
With the passing of time, Australian politicians began to represent the events documented in this report in a completely different manner. For example, the Minister for Justice and Customs, Christopher Ellison, wrote the following, in response to a complaint from a constituent:
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[Australian Misrepresentation]
This clearly misrepresents the repeated public and private efforts of Schapelle Corby and her lawyers to secure forensic assistance. Mr Ellison appears to have overlooked that it is a matter of official government record that Ms Corby made frequent requests for forensic testing, including to the Bali court. Equally, his comment, that evidence is routinely destroyed, appears to overlook the fact that in this case the defendant was publicly begging for it to be tested, and that her appeals process had not yet been fully exhausted. Unfortunately, however, Ellisons version of events was subsequently taken up by other Australian politicians. As with so many of the core issues of the Schapelle Corby case, with the Australian media neither investigating nor reporting the core facts, the Australian public have largely become oblivious to the disturbing and harrowing reality.
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End of Section 5
SECTION 6
Breaches Of The Indonesian Code Of Criminal Procedure, And The UN International Covenant On Civil And Political Rights, In The Schapelle Corby Trial
CONTENTS
1. Introduction 2. General Breaches 3. Chronological Report Of Individual Breaches 4. Further Breaches & Notes Appendix A: The Refusal To Test The Evidence Appendix B: The Principle Of Judicial Independence Appendix C: The Australian Government References
[Introduction]
1. INTRODUCTION
The general nature of Schapelle Corbys Bali Trial is well documented. The following script, for example, is derived from a popular YouTube video:
In addition, in other reports, The Expendable Project has shown that the Australian government and the Australian Federal Police (AFP) withheld critical primary evidence both from Schapelle Corby and the court itself. The Mutual Evasion Report, and others, also shows that they took a number of steps to avoid fulfilling their responsibility to provide full support, for example, with respect to the testing of the marijuana for country of origin. This report, however, focuses on courtroom matters, and documents specific breaches of the Indonesian Code of Criminal Procedure, and the UN International Covenant on Civil and Political Rights.
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[General Breaches]
2. GENERAL BREACHES
The following breaches occurred with respect to general preliminary aspects: Articles 54 and 56 (1) The right to legal aid lasts throughout the whole proceedings whenever the defendant is interrogated, from the beginning of the preliminary examination by the police interrogator to the trial, and at every stage. Observation Schapelle Corby did not have legal counsel at the preliminary interrogation at Denpasar airport. Article 177 (1) The right to the assistance of an interpreter free of charge if one cannot understand or speak the language used in court. The interpreter, to be appointed by the judge/chairman of the session, must promise under oath or pledge to truly interpret all that has to be interpreted. Article 53 Extends the right outlined in Article 177 (1) to the preliminary examination. Observation Schapelle Corby did not have an interpreter at the preliminary interrogation. She was interrogated by airline staff whose English-language proficiency has never been established and she did not understand Indonesian. For example, when Customs Officer Winata was interviewed by Liz Hayes on '60 Minutes' in November 2004, her questions to Winata were translated into Indonesian, and Winatas responses, in Indonesian, were translated by an interpreter into English. Would this have been necessary if Winata had had good English speaking skills and good English listening skills? Article 51 The suspect or defendant has the right to be clearly informed in a language he understands about what has been presumed about him at the start of an examination or the charges brought against him: a formulation which already implies the right to the assistance of an interpreter. (See Article 53, above) Articles 52 and 153 (2) - When the suspect is interrogated he must be in the condition to speak freely without pressure being brought to bear upon him by anyone and in any form. Observation Best calculations suggest that Schapelle Corby was interrogated for nine hours after 12 hours of travel. The drive to Brisbane Airport began at 4.30am, so Schapelle Corby would have awakened around 3.30 am to prepare for the drive to the airport.
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[General Breaches]
How much sleep did she have that night? How long had she been awake by the time the preliminary interrogation started? At the very least she must have been suffering from travel fatigue, a recognized medical condition, and would have been in no condition to be interrogated, especially without the assistance of a lawyer and interpreter. Articles 69 and 70 (1) If the suspect has been arrested or detained, the legal adviser in turn has the right to be present and to speak with his client whenever he is being questioned, from the moment of arrest or detention and at all stages of the proceedings. Observation Schapelle Corbys access to a lawyer appears to have been hampered or denied for many hours. If prima facie evidence is all that the Indonesian justice system needs to convict a suspect, why did the airport authorities interrogate Schapelle Corby for so long before allowing her to contact a lawyer? Article 66 - The suspect or defendant shall not be burdened with the duty of providing evidence. Observation The following events resulted in Schapelle Corby being forced to seek evidence of any kind, in a bid to prove her innocence: The outer plastic bag was handled by many people without protective gloves before the bag could be tested for fingerprints. The total weight of the baggage was not compared with the total weight checked in at Brisbane airport. Neither an audio nor a visual recording was presented to the court of the initial discovery of the drugs at the customs counter, nor of the initial interrogation which took place in the interview room later. The X-ray machine was not equipped to take photographs - so no image was available to show the location of the marijuana in the boogie-board bag before it got to customs. Article 72 The evidence collected by the investigators is accessible to the suspect and his counsel. On their request, the official concerned must provide them with a copy of the report of the preliminary examination. Observation Access to the marijuana, for example, for forensic testing, was refused throughout.
[General Breaches]
General breaches of the International Covenant on Civil and Political Rights (ICCPR): Article 14 (3) (a) - To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him. Observation Self evident breach.
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[Chronological]
3. CHRONOLOGICAL BREACHES
Monday, 11 October 2004:
On this day, Lily Lubis (case Lawyer) stated that: "There is no bail for drug-related offences in Indonesia, the only way to get her out is to prove she didn't do it. Breaches of the Indonesian Code of Criminal Procedure (KUHAP): Article 8 - Presumption of Innocence. Observation The defence were in error when they stated that The only way to get her out is to prove she didn't do it. And the police, prosecution and judges appear to have conformed to this false assumption even though it does not comply with Indonesian law. Breaches of Indonesian Human Rights Law: Article 18 - Every person who is arrested, detained, charged or brought before a court has the right to be considered innocent until proven guilty. Observation Indonesian law presumes innocence, and in fact, the term itself was used in the final verdict. Therefore, the onus is on the prosecutor to prove guilt, not on the defendant to prove innocence. Failure to apply this fundamental principle precludes the establishment of reasonable doubt. Breaches of the International Covenant on Civil and Political Rights (ICCPR): Article 14 (2) - Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. Observation Self evident breach.
Tuesday, 12 October 2004:

On this day Bambang Sugiarto, Head of Balis drug squad, claimed the marijuana was high purity and quality and would sell in Bali for about 14 times the price of locally grown marijuana.
[Chronological]
The Bali police, prosecutors and court accepted this claim as the truth without any supporting evidence. Despite their continuous and repeated demands, the defence were denied access to the evidence to test the marijuana for its quality and origin and to have the inner plastic bag and the inside surface of the boogie-board bag tested for fingerprints. Throughout the trial, the High Court appeal and Supreme Court appeal, the defence was denied access to the evidence. Finally, on 17 March 2006, the whole of the evidence was destroyed despite last minute pleas by the defence to preserve a sample. Breaches of the Indonesian Code of Criminal Procedure (KUHAP): Article 72 The evidence collected by the investigators is accessible to the suspect and his counsel. On their request, the official concerned must provide them with a copy of the report of the preliminary examination. Observation Despite this being a critical aspect to the case and a fundamental pre-requisite for a fair trial, access was denied throughout. Please refer to the following for a full account of this issue: Appendix A - The Refusal Ro Test The Evidence
Monday, 1 November 2004:

Lily Lubis stated: "Now we have to prove that it (the marijuana) does not belong to her." Breaches of the Indonesian Code of Criminal Procedure (KUHAP): Article 8 - Presumption of innocence. Observation The defence were in error when they stated "Now we have to prove that it (the marijuana) does not belong to her." And the police, prosecution and judges appear to have conformed to this false assumption even though it does not comply with Indonesian law. Indonesian law presumes innocence, and in fact the term itself was used in the final verdict. Therefore, the onus is on the prosecutor to prove guilt, not on the defendant to prove innocence. Failure to apply this fundamental principle precludes the establishment of reasonable doubt.
[Chronological]
Article 66 - The suspect or defendant shall not be burdened with the duty of providing evidence. Observation Article 66 was not upheld. The defence attempted to prove Schapelle Corbys innocence because they were always working under the premise that it was their job to prove innocence. They were wrong. It was always the prosecutions responsibility to prove guilt. A failure to prove guilt must therefore result in acquittal. Breaches of Indonesian Human Rights Law: Article 18 - Every person who is arrested, detained, charged or brought before a court has the right to be considered innocent until proven guilty. Observation Self evident breach. Breaches of the International Covenant on Civil and Political Rights (ICCPR): Article 14 (2) - Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. Observation Self evident breach.
Week beginning Monday, 8 November 2004:

It is reported that Balinese police say this case is clear-cut: Corby was caught redhanded, so now it's a matter of the sentence she's given. Breaches of the Indonesian Code of Criminal Procedure (KUHAP): Article 8 - Presumption of innocence. Observation There is a clear assumption of guilt in this statement which breaches Article 8. The police, prosecution, judges and the defence conformed to this false assumption even though it does not comply with Indonesian law. Indonesian law presumes innocence, and in fact the term itself was used in the final verdict. Therefore, the onus is on the prosecutor to prove guilt, not on the defendant to prove innocence. Failure to apply this fundamental principle precludes the establishment of reasonable doubt.
[Chronological]
Breaches of Indonesian Human Rights Law: Article 18 - Every person who is arrested, detained, charged or brought before a court has the right to be considered innocent until proven guilty. Observation Self evident breach. Breaches of the International Covenant on Civil and Political Rights (ICCPR): Article 14 (2) - Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. Observation Self evident breach.
Saturday, 5 March 2005:

The Sydney Morning Herald reports: from the outset, prosecutor Wiswantanu insisted that the only way he would accept that Schapelle Corby was innocent was proof - visual or by weight - that the marijuana was not in the boogie-board bag when she checked it in at Brisbane Airport, or visual evidence of someone putting the drugs in the boogie-board bag. Breaches of the Indonesian Code of Criminal Procedure (KUHAP): Article 8 - Presumption of innocence. Observation The prosecutor presumed guilt when he set parameters for evidence for the defence. The prosecutors role is to prove guilt, not presume it. Article 66 - The suspect or defendant shall not be burdened with the duty of providing evidence. Observation The following events resulted in Schapelle Corby being forced to seek any kind of evidence in a desperate bid to prove her innocence: The outer plastic bag was handled by many people without protective gloves before the bag could be tested for fingerprints. The total weight of the baggage was not compared with the total weight checked in at Brisbane airport.
[Chronological]
Neither an audio nor a visual recording was made of the initial discovery of the drugs at the customs counter, nor of the initial interrogation which took place in the interview room later. The X-ray machine was not equipped to take photographs - so no image was available to show the location of the marijuana in the boogie-board bag before it got to customs. Denial of access to the evidence for forensic tests. Breaches of Indonesian Human Rights Law: Article 18 - Every person who is arrested, detained, charged or brought before a court has the right to be considered innocent until proven guilty. Observation Self evident breach. Breaches of the International Covenant on Civil and Political Rights (ICCPR): Article 14 (2) - Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. Observation Self evident breach.
Wednesday, 30 March 2005:

Judge Sirait revealed today that he could not comment publicly on the judges' current thinking about Schapelle Corby's guilt or innocence. Judge Wayan Suastrawan echoed Siraits comments: "I cannot tell you whether we think [Ford] was credible or not but of course we will consider what he talked about." Sirait fails to uphold these words later in the trial.
Wednesday, 6 April 2005:

This is The Bulletins cover date, but it would have been distributed a week or more before this date. Judge Sirait tells The Bulletin that Schapelle Corby is a polite and very well-dressed young girl, and says he awaits evidence that conclusively proves her innocence.
[Chronological]
Breaches of the Indonesian Codes of Criminal Procedure (KUHAP): Article 158 A judge is prohibited from showing by his attitude or by a remark during the trial whether or not he thinks the defendant is guilty. Observation Siraits pre-verdict comments to The Bulletin reveal that at this time, unless further evidence is produced, he has already decided Schapelle Corby is guilty. Article 8 - Presumption of innocence. Observation Siraits pre-verdict comments to The Bulletin that he awaits evidence that conclusively proves her innocence revealed that he ignored Article 8. According to the law, he is supposed to be awaiting evidence of her guilt not her innocence. Article 66 - The suspect or defendant shall not be burdened with the duty of providing evidence. Observation Siraits pre-verdict comments to The Bulletin that he awaits evidence that conclusively proves her innocence revealed that he ignored Article 66. Breaches of Indonesian Human Rights Law: Article 18 - Every person who is arrested, detained, charged or brought before a court has the right to be considered innocent until proven guilty. Observation Self evident breach. This would also constitute a clear breach of any Judge's Code of Ethics Breaches of KORPRI rules: Along with all other public servants, judges must be members of an association called KORPRI which obliges all members to follow the associations rules and policy guidelines, enforceable by sanctions. Comments such as those made above could not align with such rules. Breaches of the International Covenant on Civil and Political Rights (ICCPR): Article 14 (2) - Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. Observation Self evident breach.
[Chronological]
Tuesday, 19 April 2005:

It was reported today that Bambang Sugiarto said he was very concerned about the recent increase in drug smuggling cases involving Australians in Bali and said: "I think we need to send a warning to other Australians. Breaches of the International Covenant on Civil and Political Rights (ICCPR): Article 26 - All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Observation Sugiartos comment singling out Australians is discriminatory on the grounds of national origin and also potentially reveals his personal prejudice against Australians. At such a key stage of the trial, it clearly can be interpreted as setting the scene for the sentence which followed.
Thursday, 28 April 2005:

The eleventh court session. On the day that the defence team delivered its final submission, Judge I Gusti Lanang Dauh was reading a book in court called: Life Imprisonment. Outside the court, Judge Dauh explained he was reading the book before deciding Schapelle Corby's sentence. "Because there is a demand from the prosecutors for a life sentence, I am reading this book as a reference to add to my knowledge." It was still too early to reveal if he would give prosecutors what they had requested. "That's a secret" he said. Breaches of the Indonesian Codes of Criminal Procedure (KUHAP): Article 158 A judge is prohibited from showing by his attitude or by a remark during the trial whether or not he thinks the defendant is guilty. This judge showed by his attitude in court that he had already decided Schapelle Corby was guilty and only the sentence needed to be determined. Article 8 - Presumption of innocence.
[Chronological]
Observation This judges attitude in court strongly suggests that he did not comply with the spirit of Article 8. Breaches of Indonesian Human Rights Law: Article 18 - Every person who is arrested, detained, charged or brought before a court has the right to be considered innocent until proven guilty. Observation Self evident breach. This would also constitute a clear breach of any Judge's Code of Ethics Breaches of KORPRI rules: Along with all other public servants, judges must be members of an association called KORPRI which obliges all members to follow the associations rules and policy guidelines, enforceable by sanctions. Comments such as those made above could not align with such rules. Breaches of the International Covenant on Civil and Political Rights (ICCPR): Article 14 (2) - Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. Observation Self evident breach.
Thursday, 28 April 2005: Judge Sirait says the defence team has not "done enough" to prove Schapelle Corbys innocence. As far as can be determined, he made the remarks today but the interview was published in The Weekend Australian on 30th April. Judge Sirait said: "From Corby's defence I haven't heard anything to prove she is innocent." Judge Sirait said Schapelle Corbys final plea (Thursday 28 April) made no difference: "Not enough. He or she has to prove he or she is not guilty. Every inmate would say: 'I'm not guilty'. I'm still looking for something related to the law." Regarding the sentence, Sirait is reported to have said: "I'm already 75-percent decided, but I can't tell you our conclusion.
[Chronological]
Clearly, if he is already 75 per cent decided about the sentence, it means that he has already decided whether she is guilty or innocent. Judge Sirait also revealed he had never acquitted an accused drug offender in the estimated 500 such cases he had presided over in his 15 years on the bench. In another article it is reported that Sirait made his controversial remarks to the Nine Network via a translator. Vasu Rasiah says today that he is puzzled by the statement from Judge Sirait that he is 75 per cent decided on what sentence Schapelle Corby should be given. Vasu Rasiah: "I'm surprised the judge can come openly and make a statement like that. My gut feeling is that they are experienced judges - they can see there is nothing conclusively that says Schapelle Corby is guilty." Breaches: see Thursday 5th May 2005
Thursday, 5 May 2005:

Vasu Rasiah criticised Judge Sirait over his pre-verdict observations that Schapelle Corby had not done enough so far to prove her innocence and said those comments could pave the way for a higher court appeal. Rasiah said the comments were amazing. "I cannot believe a judge as senior as him would say that. I don't think the judge has any right to say that." Breaches of the Indonesian Codes of Criminal Procedure (KUHAP): Article 158 A judge is prohibited from showing by his attitude or by a remark during the trial whether or not he thinks the defendant is guilty. Observation Siraits pre-verdict comments cast significant doubts on his objectivity. Article 8 - Presumption of innocence. Observation Siraits pre-verdict comment: He or she has to prove he or she is not guilty revealed that he completely ignored Article 8. Article 66 - The suspect or defendant shall not be burdened with the duty of providing evidence. Observation Siraits pre-verdict comment: He or she has to prove he or she is not guilty revealed that he ignored Article 66.
[Chronological]
Breaches of Indonesian Human Rights Law: Article 18 - Every person who is arrested, detained, charged or brought before a court has the right to be considered innocent until proven guilty. Observation Self evident breach. This would also constitute a clear breach of any Judge's Code of Ethics. Breaches of KORPRI rules: Along with all other public servants, judges must be members of an association called KORPRI which obliges all members to follow the associations rules and policy guidelines, enforceable by sanctions. Comments such as those made above could not align with such rules. Breaches of the International Covenant on Civil and Political Rights (ICCPR): Article 14 (2) - Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. Observation Self evident breach.
Sunday, 1 May 2005:

This weekend Sugiarto made a number of controversial comments on Bali television station SCTV and which were aired on Channel Nine. The interview was conducted in the Indonesian language. He stated that: The case had not been properly completed and only 50 per cent of the necessary work had been carried out. The prosecution case has many gaps and weaknesses. The prosecution case was only half there because Indonesian Police have never done any fingerprinting. No fingerprinting was ever conducted on the drugs or on the boogie-board bag. The unlocked boogie-board bag had been contaminated by the number of people who handled it before it reached police headquarters.
[Chronological]
The lack of video footage of the arrest at the airport was the prosecution's main shortcoming. In the Nine Networks Sunday program, Ross Coulthart observed that by contrast, 'when the Bali Nine were arrested last month, Indonesian Police were at pains to videotape themselves wearing gloves to ensure no evidence was contaminated. But nothing was filmed of Corby's arrest, nor the crucial search at Airport Customs where she disputes stopping officers from searching her bag'. Breaches of the Indonesian Code of Criminal Procedure (KUHAP): Article 72 The evidence collected by the investigators is accessible to the suspect and his counsel. On their request, the official concerned must provide them with a copy of the report of the preliminary examination. Observation Access to the marijuana, for example, for forensic testing, was refused throughout.
Friday, 27 May 2005: Schapelle Corby is pronounced guilty and sentenced to 20 years in prison. Breaches of the Indonesian Code of Criminal Procedure (KUHAP): Article 183 A criminal charge is proved when the judge is convinced that the criminal act has really been committed and that it is the defendant who is guilty of perpetrating it, based on at least two pieces of evidence. The judge based his decision on: Evidence 1: the marijuana was found in her boogie-board bag. Evidence 2: the disputed testimony of customs officer Winata, and others, whose English-language proficiency was never tested. Article 199 (1) (b) A defendant can be acquitted on the grounds of insufficiency of proof. Observation This is the concept known as reasonable doubt and should have been applied to Schapelle Corby because there was insufficient proof of her guilt.
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[Chronological]
Breaches of the International Covenant on Civil and Political Rights (ICCPR): Article 14 (1) - All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. Observation Self evident breach.
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[Further Breaches & Notes]
4. FURTHER BREACHES & NOTES

Schapelle Corby was charged under Article 82 which appears to be reserved for those working in a drug syndicate rather than alone. This would be a breach of the special narcotics laws of the Criminal Code (KUHAP). According to the prosecution indictment, if there is not enough evidence to convict her of trafficking, she could be convicted under two lesser laws carrying maximum prison terms of 15 years and 10 years respectively. So there is significant doubt about the propriety of the conviction under Article 82. The destruction of the evidence before all legal appeals had been exhausted. There are precedents in Indonesia where samples of drugs have been preserved before the bulk was destroyed. The authorities refused to preserve a sample from Schapelle Corbys case. The influence of public opinion and prejudice on the judges decision. See: Appendix B - The Principle Of Judicial Independence And Impartiality The English-language proficiency of Winata, and the other airport witnesses who testified for the prosecution, was challenged at least twice in court but never tested. The value of Australian marijuana in Bali was never proved. The existence of Australian marijuana on the streets of Bali was never proved. Lily Lubiss post-trial un-cooperation in providing Erwin Siregar with records of court proceedings and the police evidence brief could have been a breach of law.
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[Appendix A]
APPENDIX A
The Refusal To Test The Evidence: Chronology
Tuesday, 12 October 2004: Bali police confirmed that the marijuana was of high purity and quality and would sell in Bali for about 14 times the price of locally grown marijuana. Sugiarto said that high-quality marijuana heads were known on the streets of the tourist island as Lemon Juice and sold for about 70 million rupiah ($10,535) a kilogram. He said local cannabis, sourced from Aceh, is known as "Cimang" or "Aceh Gold" and sells for only 5 million rupiah a kilogram.[3] Observation How can the police confirm the quality of the marijuana without conducting forensic tests? Sugiarto used the following conversion rate: Rp 6644 = AUD $ 1.00, which is accurate for that month. He claims that 4.1 kg of Lemon Juice is worth AUD $ 43,193 and that 4.1kg of local cannabis from Aceh is worth AUD $ 3,085. Contrast Sugiartos claims with the information from an article published in The Jakarta Post one week before Schapelle Corbys trial begins. [1] On 19 January, Sugiarto estimated the value of 4.1kg of Lemon Juice at AUD $ 17, 677 - less than half the value that he claimed it was in October 2004. Even accepting figures which are widely considered to be grossly exaggerated, the question of why an Australian citizen would risk life in prison or a firing squad, for less than $18,000 remains unanswered. 4.1kg of high quality Australian-grown marijuana would be worth far more in Australia. In the same month that Schapelle Corby was arrested, a man was arrested in South Jakarta for possession of 1.56 kilograms of marijuana.[2] The prosecutor told the court that the defendant had purchased the marijuana for Rp 2 million per kilogram and sold it for Rp 2.2 million a kilogram. These figures put the value of 4.1kg of local cannabis at AUD $ 1,357. Observation: In October 2004 Sugiarto made unsubstantiated claims about Australian marijuana. He created the impression that it had long been available in Bali but provided no proof. He made reckless claims about the value of this hypothetical Australian marijuana on the streets of Bali for which he provided no evidence, and he also more than doubled the price of local marijuana at that time.
Section 6 Page A - 1
[Appendix A]
Week beginning Monday, 11 October 2004:

Bali police said it was the largest quantity of cannabis taken into Bali, and the first such case involving an Australian.[4] Lily Lubis took her former client Bobby Griffiths to inspect the marijuana at the police station to determine its quality, and introduced him to the local police as an expert. I know good stuff from bad, says Bobby, and this stuff was average, it wasnt like the high-quality stuff you got big money ... I know good shit from bad. You could just tell. He based his evaluation on personal experience and prior usage in his younger years. [5]
Monday, 1 November 2004:

Defence lawyers say they will this week request a meeting with consular officials to seek help from Australian authorities to have their own independent forensic tests conducted on the drugs to determine the THC content or strength of the marijuana in a bid to prove if it is from Australia or Bali. Before the Australian Federal Police can conduct the tests there must be a request from the Australian Embassy. The defence says they have not received any positive response to the request nor to requests for information from Australian Airlines on the weight of the luggage when it was checked in at Brisbane airport. We did contact the AFP through the consulate but we are still waiting for their response, Lubis said. Sugiarto said no fingerprint tests had been conducted on the bag because too many hands had touched the bag after its discovery. [6]
Thursday, 25 November 2004:

In a radio interview Alexander Downer (Australian Minister of Foreign Affairs) says: "What we are trying to do at the moment is get an analysis done of the cannabis that was found in her boogie-board bag, which was over four kilograms of cannabis. That's an awful lot of it. Downer said they also wanted to examine the plastic bag in which the cannabis was found. "If we can establish where the cannabis came from, that might or might not be of some assistance.
[Appendix A]
It is a very curious case this - cannabis is, I am told, much cheaper in Bali than it is in Australia, so why would somebody be taking a large amount of cannabis from Australia to sell in Indonesia. The quality (of cannabis from Australia) is apparently better. I accept that is one possible explanation, but the price difference is apparently absolutely enormous. [9]
3 December 2004:
Having sighted Schapelle Corbys signed consent for the tests to be done, the AFP formally offered assistance to the Indonesian police to conduct DNA tests on the cannabis. [12] Keelty claims, as a result of a request from Schapelle Corbys defence team to the Australian Government, the AFP wrote to the Indonesian National Police offering forensic assistance (including fingerprinting) in relation to their investigation.[13] The Australian Consulate General in Bali confirmed Schapelle Corbys consent via a memo.[62]
Late December 2004:

Almost three months after Schapelle Corby's arrest and after repeated requests to have the evidence fingerprinted, the defence lawyers confront Sugiarto. Sugiarto had the bags brought to his office in Lubis's presence. "He confirmed the inside bag had not been removed. He said he would have it fingerprinted," Lubis said. [11]
Early January 2005:

The Corby family were advised that the Indonesian police would not give any of the cannabis to the AFP for testing. [53]
Section 6
Page A - 3
[Appendix A]
First week in January, 2005:

Sugiarto is informed by Lubis that there are two plastic bags. Lubis said: "Mr Sugiarto was not aware of the inner bag until I informed him. He was astounded and ordered the bags brought to his office so he could see for himself. I told him the inside bag was not contaminated. If it had any fingerprints on it, they were put there by the drug dealers who packed the marijuana. It is important evidence. Mr Sugiarto said he would have it fingerprinted." [14]
Thursday, 6 January 2005: Lubis says the internal bag was still uncontaminated until today when it went to the prosecutor with other evidence.[15 ] A DFAT spokesman stated that the Indonesian authorities have declined an Australian offer to conduct tests on the marijuana to determine where it originated. Downer offered the assistance of Australian Federal Police to test the cannabis to find out where it was grown due to the unusual nature of the case. An AFP spokesman stated: "Australian Federal Police had offered assistance to the Indonesian National Police (INP) in regards to the testing of drugs in the Corby matter. However the INP have declined assistance at this time." [16]
January 2005: Two news sources reveal a serious contradiction between the Bali polices version of events in January 2005 and statements made by the AFP in April 2005. The Bali police claim that the AFP did NOT approach them to test the marijuana, and the AFP claim that they DID seek permission to test the marijuana. The chain of events is reported as follows: After Downer met with the defence team in Australia in November, he called the case very curious and offered AFP help to test the origin of the cannabis - something that required Schapelle Corbys consent. Schapelle Corby gave her consent in December 2004 and the AFP said it had offered to help determine where the cannabis was grown. An AFP spokesman said Indonesian police had declined the offer of help.
Section 6
Page A - 4
[Appendix A]
Bali police said, sometime in January 2005, that the AFP had NOT asked to test the drugs. Sugiarto told AAP: "The AFP never asked to test the drugs [and] we never asked them to test the drugs. We have our own forensic lab and our tests are enough to prove that what Corby brought in to Bali is marijuana. What else would we need to check the marijuana for?" On 6 January 2005, Bali police handed all evidence and paperwork to the prosecutors. Vasu Rasiah said he had repeatedly warned the Australian government that once the case went to the prosecutors it would be off-limits; he suspected the AFP did not actually want to help Schapelle Corby; "When Lily (Lubis) pushed the Bali police to do the tests, they laughed at her. They said: 'The girl's own government don't want to do anything, why should we do it?'" The defence team said it had also sought AFP help in conducting fingerprint tests on the plastic bag. Bali police said the bag could not be tested for prints because it was contaminated, but Rasiah maintained there were two bags: one containing the drugs and another on the outside. Vasu Rasiah said the lack of Australian government help afforded to Corby was in stark contrast to that for Christopher Packer, another Australian being held in Bali. Packer, a multi-millionaire yachtsman from Perth, was arrested in Bali in November on suspicion of arms-smuggling, but was expected to face court soon on reduced charges related to failing to declare half a dozen guns to Indonesian customs. Vasu Rasiah said: "The Australian government talk about corruption in Indonesia. They should look at their own system. Why are they running around in circles looking after Packer, but not Corby?" Defence lawyers accuse the Australian government of forsaking their client. Vasu Rasiah said: "We have lost all faith in the AFP and the Australian foreign ministry. They promised us they would help, but it was lip service all the way. They have done nothing and now what do we have in her defence? Absolutely nothing." [17] Compare these events with Keeltys April 2005 Media Statement. Keelty said that the AFP wrote to the Indonesian National Police offering forensic assistance (including fingerprinting) in relation to their investigation, and the head of Bali police wrote back to the AFP sometime in January 2005 stating that AFP assistance was not required with forensics. [18] (Note: See also the special supplementary reference [62])
Section 6
Page A - 5
[Appendix A]
Thursday, 27 January 2005:

First day of the trial. This was a 30-minute hearing. The prosecution case is presented first. Schapelle Corby appears in court for the first time. Among other things, the prosecutors claim: Schapelle Corby had admitted owning the marijuana. They repeat claims by the police that the marijuana is high-grade and would sell on the streets for about 14 times the price of locally grown marijuana. They made no mention of: Failure to search or weigh the four pieces of luggage Failure to take fingerprints. After the hearing: Vasu Rasiah said that next week they would attempt to force Indonesian police to test the marijuana to see where it came from. "At the next hearing we will request the court to do this testing, because it's very important to her case. Vasu Rasiah said the defence lawyers would apply for technical experts to conduct tests on the marijuana. No scientific tests had been done by Bali police. Tests on the pollen can determine where the marijuana was grown, but when Australian Federal Police offered to do the tests, Bali police claimed they were not necessary. Rasiah also wanted fingerprint tests on the two plastic bags containing the marijuana. Downer stated Australia will appeal for clemency if Schapelle Corby receives a death sentence but makes no mention of the concerns he voiced in an interview with John Laws on 25 November 2004. (From sources [19] to [22])
Post Thursday, 27 January 2005:

Both the police and the prosecutor have refused repeated requests by defence lawyers to fingerprint the evidence. Defence lawyers say it is clear from their actions that neither the police nor the prosecutor has given Schapelle Corby her basic right before law, a presumption of innocence until proven guilty.
[Appendix A]
Defence lawyers say the police and prosecutors have a strong assumption of guilt. Their attitude is that the marijuana was in her luggage, so she must be guilty, and they are not pursuing evidence that might prove them to be wrong. A spokesman for the prosecutor's office told the Herald: "There is no need for the [fingerprint] tests. I think what is important now is that she admit that the marijuana belonged to her. It is common that she denies it. It always happens." The outside bag has the fingerprints of half a dozen customs and police officers who handled it without wearing gloves at the airport, at a media conference and at police headquarters. Sugiarto told the Herald: "The bag is contaminated. He and his senior drug investigator both handled the bag with bare hands in the presence of Lubis. Australian police said it was still possible to fingerprint the bag to see if Schapelle Corbys prints were on it. The defence is mainly interested in a second bag which contained the marijuana and which was inserted upside down inside the outer bag. Customs did not remove this bag to open the seal, but slit it open at the bottom to get at the marijuana. Sugiarto told the Herald the bag would not be fingerprinted because "it is no longer necessary". (From sources [23] and [24])
Thursday, 3 February 2005:

The second court session. Schapelle Corby told the court she had asked Winata to test the bag containing the marijuana for fingerprints before handling it, but he refused. She said other officials had touched the bag and its contents. Photographs show customs officers handling the marijuana through the bottom of the internal bag. In front of the three judges, the internal drug bag was taken out of the external bag and handled freely by a number of court officials, including customs officer Winata, prosecutor Wiswantanu and assistant judge I Gusti Lanang Dauh. At the close of court, defence lawyers made a formal application to force police to test the inside bag for fingerprints. They also demanded the marijuana be tested to determine its origin and quality.
[Appendix A]
Judge Sirait said he would consider these requests. "There's still plenty of time," he said. (From sources [25] to [28])
Thursday, 17 February 2005:

The fourth court session. The prosecution closed its case today. Defence lawyers are still waiting for the chief judges decision regarding fingerprinting the bags.[29]
Thursday, 3 March 2005:

The fifth court session. The defence begins. It is reported that, from the outset, prosecutor Wiswantanu insisted that the only way he would accept that Schapelle Corby was innocent was proof - visual or by weight - that the marijuana was not in the boogie-board bag when she checked it in at Brisbane Airport, or visual evidence of someone putting the drugs in the boogie-board bag. [30] The first witness for the defence: Professor Loebby Lukman, an academic from the University of Indonesia, who had helped draft Indonesia's narcotic laws. Professor Lukman agreed the fact police had failed to test for any fingerprints on the two plastic bags which contained the drugs was "less than perfect". [31] Ron Bakir returns to Australia after his first trip to Bali to meet Schapelle Corby and the defence team. He said although the defence case hinged on determining the origin of the cannabis found in her boogie-board bag, the Australian government had failed to order a DNA test on the drugs. A spokesman for Downer today denied the accusations, saying the Australian Federal Police had offered assistance to the Indonesian police with testing but the offer had been declined. [32]
Section 6
Page A - 8
[Appendix A]
Friday, 4 March 2005:

Federal Opposition foreign affairs spokesman, Kevin Rudd, says after speaking to Schapelle Corbys lawyers late last year, he wrote to Downer and the Deputy Prime Minister asking them to help ensure Schapelle Corby received a fair trial. "I particularly requested the Howard Government to assist Ms Corby's legal team on evidentiary matters which may be important to them. Downer says Indonesian police rejected the Government's request for federal police to test the drugs to determine their source. Earlier today, both Prime Minister John Howard and Opposition Leader Kim Beazley said they were concerned by some aspects of the trial but did not elaborate. [33]

Federal Opposition Leader Kim Beazley says he shares Mr Howard's concerns but he is still hoping for a positive outcome in Corby's case. Downer rejects the claim that the Government is not doing all it can to help. He says the Government will help her defence obtain whatever information it needs. Downer says a request to test the drugs to determine their source was refused. "The defence came to see me and asked if I could ask the Australian Federal Police to test the cannabis themselves to find out its source", he said. Also, "Well of course the Indonesian police control the cannabis so I got the Federal Police to ask the Indonesian police if that could be done but the Indonesian police refused to allow the Australian Federal Police to conduct that test." [34]

The Federal Government expressed concern about the trial. Downer said the Indonesians refused requests by the Australian Federal Police to test the cannabis. The AFP wanted to test the drug to ascertain its source. "The defence lawyers wanted it done, we asked, and yes, it's true the Indonesian police didn't agree to hand over any of the cannabis for testing. Mr Downer said the Indonesians said they "were perfectly capable of doing that sort of testing themselves". Downer said today he was "not an expert on this topic" but it would be unusual for someone to smuggle cannabis into Bali, where it was relatively cheap and plentiful. "Why would they do that?" Mr Downer asked. "(But) we are concerned about this case and we are following it very closely." [35]
[Appendix A]
Sunday, 13 March 2005:

Downer is interviewed by Monica Attard: Monica Attard: Did it bother you when you heard the evidence that the Indonesian police had refused the assistance of the Australian Federal Police in testing the drugs and in fingerprinting the bag"? Downer: "I wasnt exactly surprised but I mean we obviously made that request and that request was rejected. This is in Indonesia, this wasnt in Australia and its their sovereign right to make those decisions." Monica: "Were you unhappy with that decision?" Downer: "We made a request so obviously, so ipso facto that was what I wanted". Monica: "Would you be prepared to approach the Indonesian Foreign Minister on this issue, your counterpart over there since he"? Downer: "Ive discussed the case with the Foreign Minister, Im not going into the details of that but I have mentioned it to him." Monica: "And was he understanding?" Downer: "'Well, Its a matter for the courts' is of course going to be his response and it was". Monica: "And youre satisfied with that or did that displease you"? Downer: "Well I mean look, come on. You cannot expect the Indonesian Foreign Minister to ring up the judge and tell the judge to acquit someone. No country is going to run on that basis, that would be an outrage". [36] Observation: This confuses the issue. Attard was not suggesting that Schapelle Corby be acquitted. The point was that she be allowed access to the evidence.
Section 6
Page A - 10
[Appendix A]
Thursday, 24 March 2005:

The seventh court session. The defence case continues. Today was supposed to be the last day the defence could present evidence, but they sought and were allowed an adjournment to arrange to bring a Victorian prisoner named John Ford to Bali to testify. It was reported today that PM Howard also takes a personal interest in her case, saying the government was doing everything it could to help her. "We will do everything that we are properly and reasonably asked to do (by defence lawyers) to see that any relevant evidence is presented. [37]
1st / 2nd April 2005:

Cindy Wockner rounds up the case so far: The handling of the case has not shone a positive light on the Indonesian investigation or on Australian authorities, our airlines or our airport security. It seemed everywhere they turned in Australia, they hit a brick wall. They had been unsuccessful in getting any video surveillance tapes from Brisbane or Sydney airports which might have showed the bag during the luggage handling phase, and in their battle to have the drugs independently tested for their origin. In Indonesia the hurdles included: The marijuana not being tested for its origin, with conflicting accounts from both police forces over this issue. The plastic bags containing the drugs were not fingerprinted, because police believed too many hands had touched them. [38]
Section 6
Page A - 11
[Appendix A]
Sunday, 3 April 2005:

The Indonesian President arrived in Australia this evening for a four-day visit to Canberra and Sydney. Ellison tells the Ten Network everything possible would be done to keep Schapelle Corby alive, including personal representations by Prime Minister John Howard. Ellison rejected the suggestion a guilty verdict would harm relations between the two countries. "In Schapelle Corby's case, she has been represented, she has had the opportunity to bring in evidence (and) the court adjourned the hearing to enable fresh evidence to be brought before it. I think the Indonesian authorities have cooperated with our requests and I don't think a finding of guilt will affect our relationship with Indonesia." [39]
Week beginning 11 April 2005:

Downer said the defence team had "put up a strong case that this couldn't possibly have been put in the bag by Schapelle Corby". [41]
Sunday, 17 April 2005:

The defence team have received information that the prosecutors will ask for a life sentence and a fine when the trial resumes this week. Vasu Rasiah criticised the proposed request for a life sentence. He said such a request would demonstrate that prosecutors had taken no account of the witnesses the defence team had produced. "That [sentence request] is not fair. If it's true, then it shows there is no system of legal fairness in this country," Mr Rasiah said. "How can Australia boldly come and help a country that does not have a fair legal system?" Mr Rasiah said the judges had told prosecutors they should consider all the evidence presented, but they were interested only in the fact that her bag contained marijuana. "[They] would not take any other evidence," Mr Rasiah said. "They have the balls to say I will only consider the importation, the fact the bag was tagged in her name, and the goods were in her bag." He said Schapelle Corby should not be convicted of importing drugs if this was not done knowingly or without her consent. "Prosecutors should find the truth. These guys aren't interested in any other evidence." [42]
Section 6
Page A - 12
[Appendix A]
Monday, 18 April 2005:

The defence lawyers have accused Australian police of a cover-up and warned their "bewildering" lack of cooperation may have condemned her. Rasiah said the AFP should explain to the Australian public why they had refused to assist Indonesian authorities with finger-printing the plastic bag containing the marijuana. [43]

Keelty says that claims made by Vasu Rasiah (18 April) are baseless. As an example of his cooperation with the defence, Keelty says: ... as a result of a request from Ms Corbys defence team to the Australian Government, the AFP wrote to the Indonesian National Police in December last year offering forensic assistance (including fingerprinting) in relation to their investigation. The head of Bali police wrote back in January 2005 stating that AFP assistance was not required." [44]

The tenth court session. The prosecution makes its sentence demands. On The 7.30 Report, Damien Kingsbury says the judges presiding over this trial have a much less stringent approach than their Australian counterparts. The level of legal training is pretty low by international standards. Some judges are trained internationally, but these three, I understand, are not. That means that their understanding of rules of evidence and so on and their capacity for evidence to be tampered with or to be otherwise modified is pretty low. Again, they're not going to be looking at the niceties or the fine points of the judicial process. They're going to be looking at essentially the prima facie evidence and judging accordingly. [45] Comment: Kingsbury suggests that rules of evidence do exist in Indonesia, so what are they? This is a fair enough evaluation to make of those three judges, but what about the judges who presided over the High court and Supreme court appeals? Their understanding of the fine points of the judicial process and rules of evidence must be far superior and their adherence to the rule of law should be their first priority, and yet they found no fault with the lower court.
Section 6
Page A - 13
[Appendix A]

Schapelle Corby and her defence team are preparing their final submissions for Thursday 28 April. One of the points the defence will argue: "WHY does a girl, who comes to Bali for a holiday, bring drugs from Australia worth $40,000, to Bali where they sell for $5,000"? [46]

The eleventh court session. The defence team delivered its final submission, and then Schapelle Corby spoke. They highlighted the claimed deficiencies in the case: The prosecutor had told the court the marijuana was of good quality but the defence reminded the judges it had never been tested. They described the prosecutors as "street magicians" for claiming the marijuana was of high quality even though they had always refused their request to have it tested to find out its potency and where it was grown. "Now the same prosecutors who rejected our demand to conduct tests on the marijuana have stated that the marijuana is of very high quality", they said. "The prosecutors, whose role is to uphold the law, have failed in committing their duty to look for the truth and justice." "The prosecutors have manipulated the facts to imprison an innocent tourist," he said. They also highlighted Schapelle Corby's modest earnings compared to the value of the 4.1kg of marijuana in Australia, which they said was around $50,000 and which they estimated would only sell for $10,000 in Indonesia. (From sources [47] and [48])
Friday, 29 April 2005:

In a radio interview Damien Kingsbury says: ... the Indonesian judicial system really does have a number of flaws in it ... The rules of evidence are very poor, the training of both the judiciary and the defence teams is often very, very poor, and they don't have rules of sub judice and so on ... This is not even to mention, of course, the capacity for judges to be influenced by external sources political influence, bribes, and so on. "
[Appendix A]
ELEANOR HALL: "So what do you consider the main flaws in the Indonesian justice system as it applied in this case?" DAMIEN KINGSBURY: "Well, there's essentially an assumption of guilt that appears to apply here. The rules of evidence certainly have significant holes in them, and had the evidence been handled properly, I think that there would have been at least reasonable doubt to assume that Schapelle Corby was not an active drug courier." ELEANOR HALL: "When you say the evidence handled properly, you mean before the case came to court?" DAMIEN KINGSBURY: "That's right. I mean things like fingerprinting, the weighing of the drugs, checking that against the original baggage weight when the baggage was checked in and so on. I mean, these things could have shown that there was external interference in the process, and raised doubt". [49]
Thursday, 12 May 2005:

The thirteenth and final court session. The defence repeated that they had continually requested the plastic bags containing the drugs be fingerprinted but to no avail. [50]
The High Court and Supreme Court appeals 2005:

During the two appeals the defence lawyers again asked for the cannabis to be tested but the judges refused. [54]
Saturday, 20 August 2005:

Dr. Lynne Milne, a lecturer and forensic palyntologist from the University of Western Australias Centre for Forensic Science reveals she was asked to work on the Schapelle Corby case but was not able to access samples due to a communication mix up. "I may have been able to work out where the cannabis came from as it tends to collect the pollen of the region where it was grown." [55] Definition: Palyntology is the study of pollen.
Section 6
Page A - 15
[Appendix A]
Friday, 26 August 2005:

Dr. Lynne Milne reveals on Perth television: She volunteered to test the drugs but Indonesian officials wouldnt release a sample. In the process of organizing the test sample, the trial went into the next stage where a sample couldnt be released without the as she understands it the prosecution and the judges permission. She believes pollen could finally solve the mystery: Where did the drugs really come from? Its still not too late to test the marijuana. As long as the drugs were sealed in bags they could be tested in a hundred years time. Pollen hangs around for millions of years if its in the right condition. Shes already helped police bust several major cases in Australia. Dr. Milne is often called upon to identify the origins of cannabis seized in police raids. [56] Comment: She does not say when she was asked, or volunteered, to work on the case, but subsequent documentation reveals that it was in December 2004. She does not say who asked her to work on the case.
Thursday, 19 January 2006:

At 1:32 pm a news report reveals that James Corby and two other men have appeared in court on drug charges. An hour later Hutapea says he wouldnt be surprised if the Supreme Court increases Schapelle Corbys sentence. By 5:00 pm Robin Tampoe says ... everything filters back to the prosecutors. They know exactly what is going on in Australia so it certainly won't paint her in the best possible light as far as the judicial system over there is concerned." By 6:00 pm the Supreme Court announces they have reinstated Schapelle Corbys 20-year sentence and ordered the evidence destroyed. The court says they made the decision on 12 January. Why did they wait a week? Normally these things are leaked hours after the decision is made usually by a court official who phones the press with the news. By 8:40 pm the defence, prosecution and Denpasar Court have still not received official word from the Supreme Court.
[Appendix A]
Monday, 30 January 2006:

The 7.30 Report: The AFP contradict every previous claim they have ever made regarding testing of the marijuana and fingerprinting, stating that when the AFP explained to the defence lawyers that any result from the testing for fingerprints inside the bag or DNA testing of the marijuana would also be passed onto the Indonesian police, her lawyers declined the offer to carry out the tests. [51]
Tuesday, 31 January 2006:

Rosleigh Rose said the Corby family wanted to have the marijuana forensically tested, but that Indonesian police wouldn't allow it. Rosleigh said Schapelle Corby signed the papers authorising the testing. "We were pushing to get it done but they (the Indonesian Police) stopped us because the marijuana came from Indonesia", Ms Rose told the Ten Network. Keelty (AFP) is reported saying today that the defence lawyers rejected the offer after it was explained that any results would be given to Indonesian authorities. He goes on to speculate in his characteristic manner: "I think the reality was if it was tested, and the tests didn't come out with what the defence counsel expected, then it may assist the prosecution and not the defence. [52] Comment: If, as Keelty claimed, the defence never wanted the evidence tested, why did he wait until this point in time to make this revelation, which contradicts everything the AFP has said previously, and indisputable public record on the matter? Note here the recent decision by the Indonesian courts to destroy the evidence.
Wednesday, 1 February 2006:

This article repeats the AFP claim that the defence lawyers rejected an offer to DNA test the marijuana to determine the drug's origin. Rosleigh says her family and legal team had pushed for the marijuana to be tested but the Indonesian Government had refused. "We were pushing to get it done because we were positive the marijuana came from Indonesia" she said. "There's been no investigation done (about the drugs' origin) whatsoever." [58]
Section 6
Page A - 17
[Appendix A]

The evidence is burned despite a last-minute plea from the defence to have it stopped. The marijuana has never been tested for origin and Mr Siregar had implored prosecutors to keep it should new evidence be found about the true owner of the drugs. Schapelle Corby has exhausted all avenues of appeal unless fresh evidence comes to light. As the marijuana burned behind him, Mr Siregar pointed to the flaming drum, describing it as a "big problem" if the case were re-opened and there was no marijuana left to test or to compare. Mr Siregar said the defence team was still working on an extraordinary appeal in a bid to win her freedom. However, the prosecution refused to delay the destruction, which was ordered by the Supreme Court. Erwin Siregar said "we don't have a chance any more to bring this evidence to the court when there is an extraordinary appeal". [59]

Erwin Siregar, who watched the burning, said he was concerned the evidence had been destroyed. "If we find new evidence and then reopen the case, and they want to check, the evidence is no longer there. Erwin Siregar said he failed to convince prosecutor I Ketut Arthana to delay the destruction and admitted that there was no obligation to stall the burning, because the case had already been completed. Still, he said, they should have waited in the interests of "finding the truth".

Ellison replies to a letter sent to PM Howard by a Schapelle Corby supporter in January 2006, both posted on FreeSchapelleCorby.net:
Section 6
Page A - 18
[Appendix A]
"... In relation to the testing of the marijuana, I can confirm that the AFP made a general offer of assistance to the Indonesian National Police (INP) in December 2004, however due to the finalisation of the police investigation this offer of assistance was declined. As you are aware the AFP can not directly intervene in the legal processes underway in Indonesia unless there is a direct request for assistance from the Indonesian Court or the INP. This advice was provided directly to Ms Corby's lawyers. It was the responsibility of Ms Corby's defence team to initiate this request through the Indonesian Courts. I can also confirm that the AFP has not received a request for assistance from the INP or the Indonesian Courts for any forensic assistance in this matter before or after the conviction of Ms Corby. "[61] Observation: Ellison is Keeltys direct superior. Ellisons remarks contradict Keeltys claims of January 2006.
Section 6
Page A - 19
[Appendix B]
APPENDIX B
The Principle Of Judicial Independence And Impartiality
For justice to be administered, judges must be free to interpret laws independently, objectively and impartially, without any undue pressure from police, the government, the military, public opinion, or any other interested person. "Although the principle of an independent judiciary was already expressed in the Elucidation to the section on the judiciary in the 1945 Constitution and is emphasized in the 1970 Basic Law on Judicial Power, the administration of the court is under the control of the Ministry of Justice. Not only is the budget of the judiciary controlled by the Ministry, but it also decides on posting, transfer and promotion. Presidential Decree No. 82/1971 establishes the mandatory membership of public officials, including judges, in an association under the chairmanship of the Minister of Interior, KORPRI: which obliges all members to follow the associations rules and policy guidelines, enforceable by sanctions. In March 1986, a new law was passed by parliament, according to which the executive control over the district courts and the courts of appeal will be reinforced and the judges are to be categorized explicitly as officials of the executive. Moreover, in every district there is a so-called tripartite structure, which implies a periodical meeting of the chairman of the district court, the chief prosecutor and the chief of the police. In the so-called MUSIPADA-meetings, the same participants gather with the chief of the local government and the commander of the military district (KODIM). Both meetings are strictly confidential. It has been observed that meetings are held more frequently when important political cases are being tried. As a result, there is a general fear of reprisals being taken for decisions which are unpopular with the government, particularly in cases with political overtones A large number of judges of the Supreme Court are former military officers, while others have first made a political career. These people can be expected to have intense national pride and regard foreign interest in their decisions as interference in their nations sovereignty. A lack of independence leads to a lack of impartiality. (Professor J.T. Hart in Aspects of Criminal Justice, p. 193) The obligation to be impartial appears in KUHAP in different ways. Article 158 prohibits a judge from showing by his attitude or by a remark during the trial whether or not he thinks the defendant is guilty. Judge Linton Sirait breached this many times. One could argue that his remarks were motivated by the following:
Section 6
Page B - 1
[Appendix B]
Public Opinion
It could be argued that he was influenced by public opinion when members of the anti-narcotics group GRANAT carried signs into the court demanding the death penalty for Schapelle Corby. There was also at least one protest street march after the verdict calling for Schapelle Corbys execution.
Australian Criticism
It could also be argued that the judges were negatively influenced by the Australian media: the offensive remarks of talk-show hosts and their callers were frequently published in the press and reported on TV. Australian journalists made insulting remarks about the competence, intelligence and honesty of the Bali police and judiciary. These criticisms were no doubt reported by the Indonesian media. It is likely that the same criticisms were repeated constantly day after day even though they might have been made weeks before. Perhaps that would be enough to make many Indonesians angry and spiteful, including a judge.
Government Pressure
After the verdict, during Schapelle Corbys High Court appeal, the Indonesian president made a very public announcement that he will never pardon drug smugglers and that they must serve the full sentence. It was clear to most observers that Schapelle Corby was his target, but there is no way to prove it. It could be argued that his announcement is an example of government pressure being placed on the judiciary, because his announcement effectively made his personal opinion known. It can be argued that these three factors, working together, could have undermined all three judges independence and impartiality and resulted in the guilty verdict plus an unprecedented harsh sentence. It is impossible to prove that a judges decision has been influenced by public opinion or government pressure but it is possible for defence lawyers to argue that the potential for influence did occur, thus throwing doubt on the fairness of the District Courts trial procedure, verdict and sentence (influenced by Indonesian public opinion and Australian criticism), and it is possible to argue that the High Courts decision in finding that the original trial was conducted properly (when it clearly was not) was influenced by the Indonesian presidents announcement.
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[Appendix B]
It is generally accepted that Indonesian courts are frequently influenced by outside forces, but the point is they are not supposed to be. Judges are supposed to be neutral and objective never swayed by other peoples opinions. The Indonesians frequently state that their legal system is independent, as it should be. The principle of an independent judiciary is contained in the 1945 Constitution (this is the constitution which Indonesia currently follows) and it is emphasized in the 1970 Basic Law on Judicial Power. The comments, information and facts which are documented throughout this paper indicate that the independence of the judiciary in the Schapelle Corby case was highly unlikely.
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[Appendix C]
APPENDIX C
Despite the clear and serious issues and abuses documented in this report, the Australian government repeatedly endorsed the proceedings. This is illustrated, for example, by many of Foreign Minister Alexander Downers unhelpful public statements on the case, both during and after the trial.
We've no reason to believe, whatever people may feel about the allegations made against Schapelle Corby and the charges brought against her ... that the court is behaving at this stage in an inappropriate way It has also since emerged that the Australian government and the AFP wilfully withheld a considerable amount of evidence from Schapelle Corby and her lawyers, some of which was critical primary evidence. In addition, a number of other reports illustrate that the Australian government repeatedly evaded their obligation to provide assistance, including refusal of the AFP to undertake investigations in Australia, refusal to press specifically for testing of the marijuana, and failure to invoke the Mutual Assistance in Criminal Matters Act.
For Schapelle Corby, this was only the start of an unending catalogue of legal and human rights abuses, which she was to suffer over subsequent months and years.
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[References]
REFERENCES
1. The Jakarta Post, Thursday, January 20, 2005, Police arrest Peruvian for drugs. http://www.thejakartapost.com/Archives/ArchivesDet2.asp?FileID=20050120.D06 2. The Jakarta Post: Wednesday, 26 January, 2005, Trial of alleged drug dealer underway. http://www.thejakartapost.com/Archives/ArchivesDet2.asp?FileID=20050126.D07 3. Freeschapelle.net, Wednesday, 13 October 2004: Bali drug haul not mine, says girl http://www.usp.com.au/fpss/newsindonesia04.html 4. Freeschapelle.net, 'Help me' pleads student at risk of death sentence. http://www.usp.com.au/fpss/news-indonesia05.html#THREE 5. The Bulletin website, 6 April 2005, The Trials of Schapelle. 6. Freeschapelle.net, 1 November 2004, Australian facing death penalty. http://www.usp.com.au/fpss/news-indonesia06.html 7. The Daily Telegraph, Thursday, 4 November 2004, Bag Tracked Before Drug Bust. I downloaded this article from SOS. One of the members had copied it from a site called The International Hempology 101 Society, www.hempology.com 8. The Daily Telegraph, Thursday, 4 November 2004, Bag Tracked Before Drug Bust. I downloaded this article from SOS. One of the members had copied it from a site called The International Hempology 101 Society, www.hempology.com 9. Transcript of Downer interview with John Laws, Radio 2UE, 25 November 2004. Also from: Freeschapelle.net, 25 November 2004, Corby case is very curious: Downer, http://www.usp.com.au/fpss/newsindonesia11.html#TWO 10. Freeschapelle.net, Corby evidence brief handed over. http://www.usp.com.au/fpss/news-indonesia13.html 11. Sydney Morning Herald, 5 March 2005, Weighing the evidence http://www.smh.com.au/articles/2005/03/04/1109700677359.html 12. FPSS Urgent update, 17 March 2006, Indonesia set to destroy Corby's evidence. http://www.usp.com.au/fpss/schapelle_corby/press_release07.html 13. Australian Federal Police Media Statement, Tuesday, 19 April 2005: Claims that AFP are involved in a cover-up are untrue. 14. Freeschapelle.net, January 2005, Nightmares at a few minutes to midnight http://www.usp.com.au/fpss/newsindonesia22.html 15. Sydney Morning Herald, 5 March 2005, Weighing the evidence http://www.smh.com.au/articles/2005/03/04/1109700677359.html 16. Freeschapelle.net, Monday, 17 January 2005, Corby could face Bali court this month, http://www.usp.com.au/fpss/newsindonesia17.html#TWO 17. Freeschapelle.net, January 2005, Corby lawyer slams lack of Govt support http://www.usp.com.au/fpss/newsindonesia17.html#THREE 18. Australian Federal Police Media Statement, Tuesday, 19 April 2005: Claims that AFP are involved in a cover-up are untrue. 19. Laksamana.net, 27 January 2005. 20. Freeschapelle.net, Friday, 28 January 2005, 'Ganja Queen' faces her accusers http://www.usp.com.au/fpss/newsindonesia21.html#THREE 21. Sydney Morning Herald, 5 March 2005, Weighing the evidence. http://www.smh.com.au/articles/2005/03/04/1109700677359.html 22. Freeschapelle.net, Thursday, 27 January 2005, Corby weeps as court told of drug find. http://www.usp.com.au/fpss/newsindonesia21.html#FOUR 23. Freeschapelle.net, January 2005, Corby trial adjourned ahead of witness accounts http://www.usp.com.au/fpss/newsindonesia21.html#TWO
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[References]
24. Freeschapelle.net, January 2005, Nightmares at a few minutes to midnight. http://www.usp.com.au/fpss/newsindonesia22.html 25. Sydney Morning Herald, 3 February 2005, Customs officers are lying, says Corby. 26. Freeschapelle.net, January 2005, Corby accuses customs official of lying http://www.usp.com.au/fpss/newsindonesia23.html 27. Sydney Morning Herald, 5 March 2005, Weighing the evidence. http://www.smh.com.au/articles/2005/03/04/1109700677359.html 28. Nine Network, 60 Minutes program, 14 November 2004, The Accused. 29. Sydney Morning Herald, 5 March 2005, Weighing the evidence http://www.smh.com.au/articles/2005/03/04/1109700677359.html 30. Sydney Morning Herald, 5 March 2005, Weighing the evidence http://www.smh.com.au/articles/2005/03/04/1109700677359.html 31. Freeschapelle.net, Friday, 4 March 2005, There were no drugs, Corby friend tells trial http://www.usp.com.au/fpss/newsindonesia35.html#TWO 32. Freeschapelle.net, Thursday, 3 March 2005, Corby could die in jail, says friend http://www.usp.com.au/fpss/newsindonesia34.html#THREE 33. ABC News Online, Friday, 4 March 2005, Rudd goes in to bat for alleged drug smuggler. 34. ABC News Online, 4 March 2005, Howard takes 'personal interest' in Corby trial. 35. Freeschapelle.net, Saturday, 5 March 2005, Indonesians refuse test on Corby drugs www.freeschapelle.net 36. Sunday Profile, Sunday 13 March 2005, transcript of the radio program, Alexander Downer, Mercedes Corby and Ron Bakir. 37. TVNZ.co.nz, 24 March 2005, Accused Aussie smuggler testifies. 38. Freeschapelle.net, April 2005, Twisted hand of fate. http://www.usp.com.au/fpss/news-indonesia45.html#TWO 39. Freeschapelle.net, 4 April 2005, PM would oppose Corby's execution. http://www.usp.com.au/fpss/news-indonesia44.html#THREE 40. Freeschapelle.net, Wednesday, 6 April 2005, Downer confident in Corby court. http://www.usp.com.au/fpss/newsindonesia45.html#FOUR 41. Freeschapelle.net, April 2005, Downer signals support for Corby. http://www.usp.com.au/fpss/news-indonesia48.html 42. Freeschapelle.net, Monday, 18 April 2005, Prosecutors to seek life in jail - Corby's defence. http://www.usp.com.au/fpss/news-indonesia52.html#TWO 43. Freeschapelle.net, April 2005, Letter hints at AFP cover-up: Corby adviser. http://www.usp.com.au/fpss/news-indonesia52.html#FOUR 44. Australian Federal Police Media Statement, Tuesday, 19 April 2005: Claims that AFP are involved in a cover-up are untrue. 45. The 7.30 Report, 21 April 2005: Prosecutors recommend life sentence for Corby. 46. Freeschapelle.net, April 2005, Fury at Corby pregnancy rumour. http://www.usp.com.au/fpss/newsindonesia61.html#TWO 47. The Daily Telegraph, 29 April 2005, My life in your hands, have mercy.http://dailytelegraph.news.com.au/story.jsp?sectionid=1260&storyid=3038090 Also at: http://www.usp.com.au/fpss/news-indonesia67.html#THREE 48. Freeschapelle.net, Friday, 29 April 2005, Final appeal from Schapelle Corby. http://www.usp.com.au/fpss/newsindonesia67.html#TWO 49. Transcript from radio broadcast: The World Today, 29 April 2005, High profile cases reveal flaws in Indonesian justice system.
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[References]
50. Freeschapelle.net, May 2005, One last bid to prove Corby innocent. http://www.usp.com.au/fpss/news-indonesia89.html#THREE 51. The 7.30 Report: Monday, 30 January 2006, Corby's next-door neighbour faces drug charges. http://www.abc.net.au/7.30/content/2006/s1558393.htm 52. The Australian: 31 January 2006, Corby mother, police conflict. http://www.news.com.au/story/0,10117,1800126529277,00.html 53. FPSS Urgent update, 17 March 2006, Indonesia set to destroy Corby's evidence. http://www.usp.com.au/fpss/schapelle_corby/press_release07.html 54. FPSS Urgent update, 17 March 2006, Indonesia set to destroy Corby's evidence. http://www.usp.com.au/fpss/schapelle_corby/press_release07.html 55. Post Newspapers Online: 20 August 2005, Rape, murder no match for pollen. http://www.postnewspapers.com.au/20050820/news/004.shtml 56. Channel Seven, Today Tonight (Perth), 6.30pm, Friday, 26 August 2005, Transcript of interview with Dr. Lynne Milne. 58. Freeschapelle.net, 1 February 2006, Corby mother considers legal action. http://www.usp.com.au/fpss/news-indonesia/news-indo-schapelle126.html#TWO 59. Freeschapelle.net, 18 March 2006, Corby case drugs destroyed. http://www.usp.com.au/fpss/news-indonesia/news-indo-schapelle132.html 60. Freeschapelle.net, March 2006, Bali police burn Corby's marijuana. http://www.usp.com.au/fpss/news-indonesia/news-indo-schapelle132.html#THREE 61. Freeschapelle.net: extract of letter Reply from Chris Ellison, 31 March 2006 scroll down to Kay Danes article 'When will the nightmare end?' http://www.usp.com.au/freeschapelle/index.html#NEWSUPDATES 62. Special Supplementary Reference Regarding the testing of the marijuana, there follows the transcript of an official consulate memo: AUSTRALIAN CONSULATE GENERAL - BALI FILE NOTE - 3 DECEMBER, 2004
The Consul-General, Brent Hall visited Ms Corby at 1400hrs on 3 December and explained the AFP role, ie; That the AFP have no jurisdiction in Indonesia, and could not be involved in testing without a formal request from the Indonesian authorities, which Ms Corby said she now fully understood, but remained a little concerned that the Indonesian police may not do the tests properly. Ms Corby then reiterated that she was innocent and therefore she had decided that it is in her interest that the tests be done. Ms Corby then confirmed to the Consul General (Brent Hall) and consular assistant that she gives her consent for the tests requested by her lawyers (as attached). FILE NOTE - 7 JANUARY, 2005 The AFP (Mike Phelan) then advised us that the head of the Bali police (Kapolda) had officially advised that the AFP will not be able to have the cannabis for testing. NOTE; The above information has been taken from the files for Schapelle Corby and to the best of our knowledge was true and correct at the time. Signed; Brian Diamond Vice Consul. End of doc. An image of the original document is available on the Expendable.TV website.
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End of Section 6
SECTION 7
Misinformation And The Wilful Exploitation Of A White Powder Hoax
CONTENTS
1. Introduction
1.1 The Background 1.2 White Powder Hoaxes
2. Exploitation & Impact

2.1 The Governments Reaction 2.2 Public Impact
3. Misinformation & Manipulation

3.1 The Picture 3.2 The Chronological Truth
4. Summary
[Introduction]
1. INTRODUCTION
1.1 THE BACKGROUND
In June 2005, in the wake of the verdict and sentence in the Bali trial, public support for Schapelle Corby was at an unprecedented level. The public were aware of a number of the fundamental facts of the case, and thus of Schapelle Corbys self evident innocence.
This placed the government in an extremely difficult position. They were well aware of the many human rights abuses at the trial. They were also well aware of the systemic criminality at Australian airports, and within the AFP. As documented throughout the Expendable Project, they had also adopted a policy which ultimately entailed the withholding of vital primary evidence, the misleading of parliament, and engagement in a series of other disturbing acts which spiralled them into an abyss. The expectation of the Australian public, that their government would act to secure the prompt release of Schapelle Corby, therefore created intense pressure. It was also clear that changing public opinion, through media management, would not be a short term process. However, a situation arose which they were able to exploit, and manipulate, to make dramatic inroads into altering public perception.
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[Introduction]
1.2 WHITE POWDER HOAXES

Between 2001 and 2005 there were 360 white-powder hoaxes in Australia. On average, that is one envelope containing harmless powder every few days. This commonplace type of incident attracts little or no comment from government, and little media interest.
On 1st June 2005, one such envelope arrived at the Indonesian embassy in Canberra: The note in the envelope contained no reference at all to Schapelle Corby It was written in Bahasa, and not English.
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[Exploitation & Impact]
2. EXPLOITATION & IMPACT

2.1 THE GOVERNMENTS REACTION
The governments reaction, however, was staggering. They seized upon it instantly. Foreign Minister Alexander Downer referred to it during the same afternoon as a biological agent, and Prime Minister Howard broadly accused Schapelle Corby supporters of murderous criminality.
The Prime Ministers official doorstop interview transcript is copied below:
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1 June 2005
TRANSCRIPT OF THE PRIME MINISTER THE HON JOHN HOWARD MP DOORSTOP INTERVIEW, PARLIAMENT HOUSE, CANBERRA
Subjects: Indonesian Embassy. JOURNALIST: Prime Minister, a reaction to the incident, a scare at the Embassy this afternoon? PRIME MINISTER: Well its a very serious criminal act. I want to say on behalf of the Australian Government how sorry we are that its occurred, its recklessly dangerous. It would be the first time, if the preliminary results are confirmed, that such a biological agent has been sent in Australia. It will do great damage in the eyes of many Indonesian people to the relationship between our countries, it certainly wont help Schapelle Corby, I want to make that very clear and I plead with people if that is the motivation to think again if they really care. The Foreign Minister has spoken to the Indonesian Foreign Minister in Tokyo to convey the concern of the Government and the Foreign Minister happened to be with President Yudhoyono so he was able to convey immediately our concern, hes appreciative of the expressions of concern and understands how aghast we are at this development. But this is a very serious development for our country and I cant overstate the sense of concern I feel that such a recklessly criminal act should have been committed. JOURNALIST: And you do believe that this is a result of the Corby conviction in Indonesia? PRIME MINISTER: Well it would be a remarkable coincidence if it were not. I mean I cant prove that. But if it is, can I say to those responsible you will not achieve your objective, quite apart from the murderous criminality of doing something like this and the indifference and contempt for human life that it displays it wont achieve the objective, it will have the opposite effect. JOURNALIST: Prime Minister, this definition biological agent I mean could this turn out to be a rather benign substance or does that definition PRIME MINISTER: No, the advice I have is that the definition does mean the, the reference biological agent, does not mean its benign.
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As a result of this, headlines screamed across the world that Schapelle Corby's supporters had launched a terrorist attack upon the Indonesian Embassy.
2.2 PUBLIC IMPACT

The effect of this on Australian support for Schapelle Corby was immediate and devastating, as the public were alarmed at the association with terrorism. The tone of many supportive commentators also changed dramatically. Never again would public support for Schapelle Corby approach the levels it had prior to this series of events. Subsequently, however, it emerged that there was a far greater degree of government pre-meditation than was clear at the time.
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[Misinformation & Manipulation]
3. Misinformation & Manipulation

3.1 THE PICTURE
The biological attack story was false. Not only was there no evidence whatsoever to link the incident to Schapelle Corby's supporters, but the powder itself was flour. The picture, that its exploitation had been a cynical abuse of office by the Howard government, was seen clearly by observers and media commentators alike:
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3.2 THE CHRONOLOGICAL TRUTH

More details emerged later, including the central involvement of Justice & Customs Minister Christopher Ellison in yet another disturbing incident. The following report represents an item of investigative journalism, verified as accurate by our own researchers:
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Mr Moore summarized his report, on his blog:
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The actual document, sent by email to Ellison at 6:35pm on 1st June 2005, still exists:
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Despite this originally being reported in December 2006, in the Sydney Morning Herald, no subsequent action was ever taken against Howard, Downer, Ellison or any other party.
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[Summary]
4. Summary
The previous section demonstrates that, not only did the Howard administration fuel and create an entirely false story, which undermined the Schapelle Corby's support movement, but they were actually in possession of written documentation which dismissed it prior to allowing it to roll around the worlds media. They also knew that the accompanying note had made no reference to Schapelle Corby, and that it was written in Bahasa. Perhaps even more disturbingly, the Australian regime persistently linked Schapelle Corby with Australian hostility in messages to Indonesia. The following cable was sent on 31st May 2005, the day before the PowderGate incident:
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[Summary]
This politically motivated abuse of position was extremely successful. Pressure on the Australian government receded significantly, with immediate effect. Support for Schapelle Corby has never recovered to its prior levels.
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End of Section 7
SECTION 8
Australian Intervention In Schapelle Corbys Appeal
CONTENTS
1. Introduction
1.1 The Background 1.2 Mark Trowell & Christopher Ellison
2. Trowell & The Appeal 3. The State Tribunal 4. The Outcome
Appendix A: Another Case About One Of Schapelle Corbys Lawyers Appendix B: The State Administrative Tribunal Report
[Introduction]
1. INTRODUCTION
1.1 THE BACKGROUND
The Australian governments efforts to exert a degree of control over Schapelle Corbys legal team in Indonesia manifested themselves well before the verdict at the Bali trial. The relationship with her original defence team was, at best, tense. This created a series of ongoing confrontations, as the lawyers recognised that the governments actions did not match the rhetoric they were using in Australia. Their frustration was particularly evident with respect to Justice & Customs Minister Christopher Ellison, whose role is heavily documented throughout The Expendable Project reports. In April 2005, for Example, the following cable was sent from the Bali Consulate to Canberra:
This was, however, just the tip of a very large iceberg, which spanned a whole range of aspects, as the defence team became acutely aware of a number of the issues documented by the project.
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[Introduction]
In March 2005, in addition to engaging in background briefing against the defence lawyers, the Australian government began to press the services of two Australian QCs, Mark Trowell and Tom Percy. Initially, this was through Schapelle Corbys Queensland based representatives. Subsequently, the government increased the pressure through a variety of means, including direct media commentary: I'm not getting into the business of criticising the defence. People make their own judgements about how they will go about seeking representation. That is matter for them. All I have endeavoured to do is to ensure that they are aware there were other people who'd had experience, were senior legal practitioners, prepared to assist pro-bono and it's really a matter for them as to whether they take that up. ~ Attorney General Philip Ruddock Foreign Minister Alexander Downers position was described as follows: Mr Downer came closer to revealing the Government's dismay saying he thought it would have been "wise" to take up the offer. The media reported that DFAT were pressing the issue directly to Schapelle Corby within days of the verdict: When Australia's acting consul-general in Bali, Ross Tysoe, visited Corby on Friday at Kerobokan prison, he told her about the two Perth silks. Pressure on the Corby family intensified to the point where they eventually succumbed to it, believing that they were, in effect, being told by the government to accept this assistance. However, the actual role of the two remained a mystery, not only to the Corby family, but also to the media, who commented as follows, having challenged Trowell directly:
1.2 MARK TROWELL & CHRISTOPHER ELLISON

The role of Justice & Customs Minister Christopher Ellison is documented throughout The Expendable Project. He is referenced in many of the core reports, with respect to a range of contentious issues, and Schapelle Corbys lawyers had serious reservations regarding his conduct and motives.
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[Introduction]
It emerged that Trowell and Ellison had a long standing relationship. Indeed, the media were aware of their friendship, and referred to it accordingly:
It is, therefore, not unreasonable to suggest that Ellison, at the very least, had some input into Trowells briefing on the case. Regardless, the government had finally succeeded in placing the QCs into the heart of Schapelle Corbys legal representation in Indonesia. What subsequently transpired was shocking.
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[Trowell & The Appeal]
2. TROWELL & THE APPEAL

Mark Trowells impact on Schapelle Corbys appeal was swift and devastating. The Daily Telegraph reported it in simple and direct terms:
It should be emphasized that every other party vigorously disputed his allegation. But, with Schapelle Corby's life in the balance, her desperate family sought to limit the damage, by dismissing members of her legal team. Even this, however, was seized upon immediately by the Australian government, with Foreign Minister Alexander Downer, for example, making the following hostile public remark:
"They're all becoming characters in a sort of soap opera aren't they?"
Many international observers were well aware of the inevitable impact of the statement in Indonesia, but even in Australia, a number of media outlets reported the fallout:
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Trowell did not expand upon those reasons. The media at the time further highlighted Trowells relationship with Ellison, as well as their political affiliation:
Schapelle Corbys legal team complained bitterly to the Australian government:
This was sent to Justice and Customs Minister Christopher Ellison, and Prime Minister John Howard, on 28 June 2005. The transcribed text follows:
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Your Excellencies Please find enclosed the Corby family statement dated 27 June 2005 on the Corby case. I need to draw to your attention that Mr Mark Trowells remarks on ATTEMPT FOR BRIBERY is a disaster and caused al problems for the last week including our legal terms temporary dismissal. Negative publicity of Mr Mark Trowells remarks caused Schapelle wish to make a fresh start by dismissing al her Indonesian Legal Team. The other negative affect of THE IRRESPONSIBLE REMARKS BY MR. MARK TROWELL is that the judges that may increase the penalty to prove that they are not susceptible to corruption. Therefore it is very clear that contrary to Mr. Alexander Downers remarks, it is the Australian QC (appointed by the Australian Minister of Justice) and Australian Senior Government Officials and not Indonesian legal team, who made the Corby case become a SOAP OPERA. Schapelle Leigh Corby HAS BEEN ABANDONED by her own government despite our several requests sent to the Australian Minister of Justice and Customs for cooperation. We do not ask the Australian Government to intervene in the judicial process. What we ask is The Australian Governments assistance to facilitate to get witnesses and evidence especially to talk to witnesses, to encourage witnesses, and to pay their travel expenses and to give us the name and address of al witnesses, or TO APPOINT SOLICITOR OR LAW SOCIETY IN AUSTRALIAN TO GET THESE EVIDENCE. If the witnesses agree voluntarily to give testimony, we do not need any approval from the Indonesian Government as required by the Minister of Justice and Customs of Australia. We are handling this case on pro bono basis free of charge and therefore it is very unrealistic if Corbys own government asks us to do our own investigation in Australia. It is very unlikely the Brisbane custom officer will help us because on the same time their boss, who is the Minister of Justice and Customs, say no to our request. My understanding is that any citizen is entitled to political and legal protection, but unfortunately Schapelle Leigh Corby doesnt enjoy that citizens right. We also would like to ask to the Australian Governments to officially apology to the Indonesian Government and to the Indonesian court including to our client, Ms. Schapelle Leigh Corby and her family, for weak control and lack of supervision of the Australian legal enforcer especially custom officers and Australian police at Brisbane Airport and Sidney Airport which enable mafia and baggage handler put the drugs in passengers bag. (Please read article on Bag Handler in Court for Drug Tip-Off reported in the Sidney Morning Herald dated 10 June 2005 copy attached). Thank you for your kind attention. Yours Sincerely Signature Hotman Paris Hutapea. S.H., M.Hum. Advocate
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No such apology was forthcoming from the Australian government, and no explanation was given, despite the fact that they had actually pressed Trowell on to Schapelle Corbys family. Trowell himself openly stated that he was working for the government, and that he had no intention whatsoever in assisting with the appeal:
Whilst we can only speculate on the full gravity of the impact of Trowells intervention on the Indonesian judiciary, the clear cut nature of his misconduct, not least the open breach of client confidentiality, forced the West Australian State Administrative Tribunal to take subsequent action against him.
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[The State Tribunal]
3. THE STATE TRIBUNAL

In its report, published almost four years after the event, the West Australian State Administrative Tribunal made many direct comments regarding Trowells conduct. The following provides a random flavour. Note that the practitioner referred to throughout is Mark Trowell:
[The practitioner then said he had never mentioned the bribe as such. The difficulty with this evidence is that there was never a prospect of the government paying money for bribes nor any evidence of Mr Rasiah teeing up the judges. For all these reasons we find that the practitioner never turned his mind to the consequences for Ms Corby. We think it was detrimental to Ms Corbys interests to reveal these matters at all and particularly to hint at a suggestion of impropriety in relation to a request for financial assistance by a member of her Bali team.] [We think his motivation generally in making the statements to the media was the interests of the government and (regrettably) publicising his own personal role and conducting his dispute with Mr Rasiah. At one point the practitioner was asked in cross-examination whether before making a media comment he had made any attempt to contact Ms Corby or her Queensland solicitors. The response was She wasnt my client I was entitled to make any comments I chose. There was no reason to consult her. At a later point in his evidence, when questioned by the Tribunal about this statement in his evidence, the practitioner said in effect that in the event of a conflict between what he regarded as the interests of the government and of Ms Corbys interests, the governments interests had to prevail.] [We do not think any of the disclosures were made in Ms Corbys best interests. Exposing delays on the part of the Bali legal team in getting out the appeal grounds could not assist her. Publishing statements criticising the performance of the Bali legal team was more likely to have distracted them from their task and provided encouragement to the prosecution defending her appeal.] [It is nonsense to suggest it helped Ms Corby by distancing her from the work of her Bali lawyers. Nor do we see any advantage to Ms Corby in the practitioner publishing the existence and content of the draft and final letters. These requests for finance and assistance with the evidence were matters for private consideration by the Bali legal team, the Perth lawyers assisting them and the government. Further, in his letter to Mr Rasiah dated 8 June 2005, the practitioner stated that the question of obtaining funding was extremely sensitive and was required to be handled quietly and in confidence. It ought not, he believed, be played out in public. Yet the practitioner was here publishing the existence of letters requesting financial assistance] [The draft letter had been received by the practitioner and an explanation sought of its contents before the figures were to be put forward to the government. It was treated by the practitioner, as he explained in evidence, as a draft, unsigned and undated letter. The final letter, signed and dated, did not pursue the request for an amount for lobbying. That is where the matter might have rested.] Section 8 Page 3 - 1
[The State Tribunal]
[This supports the inference we make that there was a measure of reconstruction in the practitioners evidence concerning his conversation with Ms Munro.] [We do not think any of the disclosures were made in Ms Corbys best interests or that the practitioner believed they were.] [We reject the practitioners assertion that these statements were in Ms Corbys interests or were not detrimental to her. We think they were detrimental to her interests.] [Worse, he conducted his personal dispute with Mr Rasiah through the press in a manner that was highly prejudicial to Ms Corbys interests.] [The starting point in considering this issue must be the situation of Ms Corby, suffering both physical deprivation and the prospect of life in an Indonesian jail and dependent, for some possible relief, upon the success of her appeal. We think that a responsible barrister would have been acutely aware of these facts and conducted themselves accordingly.]
It should also be noted that many of Trowells media comments were made to a particular journalist, Steve Pennells. Pennells long term record, with respect to Schapelle Corby related stories, is considered by many observers to be extremely hostile, and he has been referred to in letters of complaint to the Press Council. The tribunal commented on Pennells as follows:
[Mr Pennells witness statement on the subject is difficult to follow. He gives a generalised account of his conversation with the practitioner (at [15]) followed by a more detailed and rather different version (at [18] - [24])]
In all cases, the full findings, produced in Appendix B, should be read for correct context. Appendix A provides an independent insight into the proceedings by a highly respected barrister, Stephen Warne.
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[The Outcome]
4. THE OUTCOME
MARK TROWELL Given the potential impact upon the welfare of a human being, it would be reasonable to expect that the West Australian State Administrative Tribunal would use the full extent of its powers in terms of sanction. This is particularly the case given some of the damning statements they made above.
However, in view of his "impressive array of references", and similar, he was simply reprimanded.
SCHAPELLE CORBY Schapelle Corby is more than seven years into her twenty year sentence in an Indonesian prison.
She is now seriously mentally ill.
THE AUSTRALIAN GOVERNMENT Throughout the appeal process, the government successfully avoided fresh scrutiny of the situation at Australian airports, including the wide scale corruption, and the role of the Australian Federal Police. Through proactive management, they also prevented a re-occurrence of the destabilization of their relationship with Indonesia.
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[Appendix A]
APPENDIX A
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[Appendix A]
Another Case About One Of Schapelle Corbys Lawyers
Stephen Warne, Barrister

5 May 2009
th
From The Australian Professional Liability Blog (www.lawyerslawyer.net)
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[Appendix A]
I have previously expressed my disquiet about the Western Australian QC who told the Australian media that Schapelle Corbys lawyers were trying to bribe the judges hearing her case. It seems the Bureau de Spanque de lAustralie de lOuest had in fact got right onto it, initiating an own motion investigation. The resultant prosecution has only just now, almost four years later, ground to a successful halt, with a 60,000 word decision crafted by WAs State Administrative Tribunal over the six months during which the decision was reserved. The case is Legal Practitioners Complaints Committee v Mark T QC [2009] WASAT 42. The QC does not come out of it well.
In barest outline, the facts (not all of which I have taken from the reasons) were as follows. The QC had links with the Liberal party which was, of course, in government throughout the Schapelle Corby affair. He had contacts with the Indonesian legal system. In March 2005, the Attorney-General asked the QC if he could do what he could to assist Ms Corby whose legal team was already being paid for by the Australian government. She already had Queensland solicitors acting for her, or holding themselves out as acting for her. In particular, Robyn Tampoe of Hoolihans, who would later refer to the Corbys as the biggest pile of trash I have ever come across in my life, and a Balinese firm, Lily Sri Rahayu Lubis S H & Associates. Irwin Siregar, who did a lot of the advocacy, was not of the firm; he was seconded to it. One member of her Indonesian legal team was a non-lawyer, Vasu Rasiah, styled as case coordinator.
The timing of the governments request to the QC is fascinating. Robin Tampoe and that other great character who passed through Camp Corby, Ron Bakir, met with Alexander Downer on 5 March 2005. Perhaps, having met with Tampoe and Bakir, Downer could see into the future and thought that Schapelle, and the government, and Australia, needed help.
According to Tony Wilsons book Schapelle; The Facts, the Evidence, the Truth(New Holland, 2008), the QC was responsible for the introduction of Sydney-educated Paris Hotman Hutapea to Camp Corby, but the State Administrative Tribunal found that the Hotman had volunteered his services pro bono, having heard the Australian government had enlisted two top QCs. Hotman has a refreshingly direct appraisal of the worlds lawyers, telling the 7.30 Report: So Im not Mr Clean, but for this case temporarily I am clean. There is no lawyer in the world is clean. All the lawyer usually hypocrisy help and I try to reduce my hypocrisy a little bit. If you keep saying Australian lawyer, American lawyer they are all clean, thats totally bullshit.
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[Appendix A]
The QC enlisted another QC and a junior. The Balinese lawyers did not provide the kind of welcome the Australians were expecting, and did not provide the relevant papers in a timely fashion. In frustration, the QC turned to the Australian media, and made various statements, and therein lies the controversy. He told a journalist that had Ms Corby been assisted by better quality people, he and they might have been able to get some evidence from the Australian government which would have helped Ms Corbys appeal. But most significantly, in June 2005 (just a couple of months after delivering a paper to the 19th Biennial Conference of LAWASIA on The Media and the Criminal Law), he told the West Australians Steve Pennells that the Balinese lawyers were unprepared for the appeal, should have spent more time preparing and (ironically) less time holding press conferences, and that Rasiah had approached him several times with a view to procuring a half million dollar bribe for the judges from the Australian government (a more precise version of the statements is at para 431 of the decision).
The result was that:
433 The allegation of the possible use of bribery in the Corby proceedings caused something of a sensation in the Australian media and, as there reported, in Indonesia. Over the following week the story with various follow-up comments was published in various media outlets in Australia. These included reports in which Mr Rasiah denied that the request for $500,000 was for bribery, [Jakarta advocate Paris Hotman] Hutapea said that he had warned the [QC] against making the allegation and (separately) the allegation might result in an increase in Ms Corbys punishment, Ms Corby had sacked her Bali legal team although subsequently reinstating part of the team and Ms Corbys mother said that rather than helping her daughter, the practitioner was making things worse.
Whether or not a result of the comments of the QC, Ms Corby would go on to criticise Mr Rasiah in her autobiography, leading to threats of yet more confidences being spilt.
The QCs evidence, described on one occasion by the Tribunal as incredible, was that he was no more than a messenger between the federal government and Camp Corby. Indeed, the QC said in effect that in the event of a conflict between what he regarded as the interests of the government and of Ms Corbys interests, the governments interests had to prevail. The other Western Australian barristers involved adopted similar positions. The Tribunal was critical of all of the barristers evidence. For example, it said:
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[Appendix A]
131 We make some general observations on the reliability of the practitioners evidence. The practitioner has had three years to reflect on the events. As a senior barrister closely involved in the preparation of his defence, as we infer, and the tactics of defending the application (some evidence of which was revealed in Mr Percys interview with the LPCCs principal legal officer mentioned below), the practitioner knew precisely the critical path of the LPCCs case as formulated and the points at which his evidence would be critical to its outcome. It is noticeable that the changes between his response letter and his later pleadings and witness statement are almost uniformly directed at diminishing the prospect of Ms Corby being his client rather than simply providing a fuller account of the events. There is support for our view, albeit subtle, in the difference in tone, as well as content, between the practitioners response letter, which reflects a measure of concern as to his conduct, and his witness statement, being his revised version of events, which does not. Further, as the practitioner himself expressed, he ultimately felt aggrieved and galled at the outcome of his involvement in the Corby matter. We think that whilst initially the practitioner was flattered to be involved in this high profile case at the request of the Commonwealth government and, to an extent, sought out and enjoyed the media attention, the end result was he was trenchantly criticised by Ms Corbys family and in the media generally and faced an inquiry from the LPCC. This sense of being badly treated was reflected in a number of outbursts in his evidence, for example in answers in relation to his press release and as to the costs he bore himself in visiting Ms Corby in Bali. We think these considerations may well have, in a subtle way, affected his evidence.
The Tribunal found that, from the outset, he was, as the QC well knew, no mere go between, and that, consistently with what the government was saying about the task it had given him at the time,
there was an informal arrangement reached between the practitioner and the government. This included, so far as the practitioner understood, that the practitioner in his capacity as a Queens Counsel specialising in criminal law would, at the governments request, on a pro bono basis, offer legal advice and assistance to Ms Corby directly or by her Bali legal team, including (after her conviction) in relation to her appeal. It was understood that the services would include facilitating the provision of evidence that might be requested of the government.
In fact, the Tribunal found it significant that the QC had complained to the press about being treated like nothing more than a conduit to the government. As a Steve Pennells article quoted him:
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[Appendix A]
Theyve never really given us any part to play in their appeal other than being a conduit to the government, he said. Im disappointed for Schapelle Corby. There is an expectation in the Australian community that Australian lawyers would have some part to play. And that was the governments expectation as well. Thats obviously why they approached us. Mr [T QC] and fellow Perth QC Tom Percy had offered to work on Corbys case pro bono after being asked to lend their expertise on the appeal. Mr [T QC] said yesterday that the pair had not played much of a role so far and questioned what more they could do when they were not being included in the legal discussions. But at no time have we seen any draft appeal grounds. More importantly, we havent seen any transcript of proceedings, in English or Indonesian. Mr [T QC] criticised the legal teams handling of its request last Friday for information from the Australian government to help the case, saying it was made at the last minute and was a rehash of a former request which Corbys lawyers knew the government could not deliver. My criticism is of not being prepared, he said. They should be spending more time preparing the appeal than holding press conferences in Jakarta with soapie starlets.
The Tribunal found that a lawyer client relationship arose when the QC met Ms Corby on 6 June 2005:
1. 2.
Ms Corby requested to see the practitioner or Mr Percy in their capacity as Queens Counsel; the practitioner and Mr Laskaris attended in their capacity as Queens Counsel and junior at
Ms Corbys specific request, and pursuant also to a request from the Attorney General for the practitioner to offer whatever legal assistance to Ms Corby he could including in relation to her appeal; 3. given the presence of the Australian barristers and their client, the Australian Vice-Consul
deemed it appropriate to and did wait outside during the conference; 4. 5. the meeting took a substantial time, in the order of two hours; the practitioner advised Ms Corby that he and Mr Laskaris had met with the Bali legal team
on the Friday to discuss her appeal and with her family on the Saturday and had conveyed to the family the practitioners offer to assist Ms Corby; 6. there was a discussion and an acknowledgment that the practitioner could not represent her
in an Indonesian court in relation to her appeal that is, in Indonesia; 7. the practitioner in effect agreed to provide his legal services on a pro bono basis generally to
the extent he was able to assist in relation to the grounds of appeal and specifically with respect to requests from the Bali legal team as to evidence that the Australian government might provide;
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[Appendix A]
8.
the practitioner discussed the various anti-Indonesian incidents which had taken place in
Australia and the potential for this to damage her prospects on appeal; 9. the practitioner provided specific advice in relation to her appeal in respect of not dismissing
her Bali legal team, engaging counsel from Jakarta and as to an appropriate public message to her supporters; 10. Ms Corby discussed with the practitioner that she felt pressured and under duress by the Bali
legal team in signing media rights in relation to her story; 11. the practitioner otherwise agreed in effect to provide his legal services generally on a pro
bono basis to do anything which he thought might protect and advance her interests; and 12. the practitioner made no statement to the effect that he could not offer legal advice or
assistance. 354 On that basis we find on the balance of probabilities, having regard toBriginshaw, that in the course of the meeting on 6 June 2005 there came into existence between the practitioner and Ms Corby the relationship of barrister and client. In that respect, Ms Corby retained the practitioner both in respect of the advice and assistance he gave at the meeting and in respect of the ongoing advice he offered generally and in relation to her appeal.
The Tribunal found that the QC had engaged in unprofessional conduct (the sole species of conduct warranting discipline in Western Australia) in making the disclosures. The Tribunals exposition of the law of professional confidentiality is set out separately in this post. According to the media, however, the QC was reprimanded and not fined. Its reasons for finding that the QCs media statements amounted to unprofessional conduct were:
Ms Corbys informed consent 393 The LPCCs case is that Ms Corby did not give her informed consent to disclosure of any of the identified statements for the purposes either of the confidence rule or the statements to the media rule. 394 the consent required under both rules is informed consent. That does not preclude the possibility of an implied authorisation by the client, for instance, in relation to the Bali legal team discussing the grounds of appeal with the Perth barristers or the Perth barristers discussing the appeal between themselves.
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[Appendix A]
395 The practitioner submits that each of the statements complained of was made with Ms Corbys implied consent. This is on the basis that at their meeting on 6 June 2005, Ms Corby requested of the practitioner that he do whatever he judged to be in her best interests, and in particular anything which he thought might prevent her from being prejudiced by the actions of, in particular, Mr Rasiah. Specifically, the practitioner says he disclosed certain information because he thought it was in her best interests that he do so:
1.
his criticism of delays in her appeal was made with the object of these being more
expeditiously prosecuted and to make clear that the delay was not her fault, and 2. to publicly distance Ms Corby from the bribery allegation.
397 It is not obvious that Ms Corbys instruction to the practitioner authorised in advance statements to the media about her appeal. Statements to the public at large are not generally regarded as the appropriate way of protecting a persons interests. In any event, the notion of informed consent requires or suggests that the client know in advance the content of the proposed disclosure. Here that was not the case.
398 In considering this issue, it is to be remembered that on his evidence the practitioner, in error, on our finding, did not regard Ms Corby as his client. We think his motivation generally in making the statements to the media was the interests of the government and (regrettably) publicising his own personal role and conducting his dispute with Mr Rasiah. At one point the practitioner was asked in cross-examination whether before making a media comment he had made any attempt to contact Ms Corby or her Queensland solicitors. The response was She wasnt my client I was entitled to make any comments I chose. There was no reason to consult her. At a later point in his evidence, when questioned by the Tribunal about this statement in his evidence, the practitioner said in effect that in the event of a conflict between what he regarded as the interests of the government and of Ms Corbys interests, the governments interests had to prevail.
399 We bear this evidence in mind in our approach to the issue whether the practitioner, in making the disclosures, believed he was acting in Ms Corbys interests.
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[Appendix A]
Approach to the issue 401 We consider each of the statements the subject of these disclosures. We address in turn:
1.
whether the practitioner made the statement or the substance of the statement to the
media; 2. whether the statement was otherwise in the public domain (relevant only to the
gravity of the disclosure); 3. 4. whether the statement comprised information confidential to Ms Corby; and whether the statement was made with Ms Corbys informed consent (as being in her
best interests). [the fourth statement was discussed]
412 We do not think any of the disclosures were made in Ms Corbys best interests. Exposing delays on the part of the Bali legal team in getting out the appeal grounds could not assist her. Publishing statements criticising the performance of the Bali legal team was more likely to have distracted them from their task and provided encouragement to the prosecution defending her appeal. In his evidence concerning expressions of support for Ms Corbys legal team made immediately after his visit on 6 June 2005, the practitioner admitted as much. In explaining that no one else was in a position to conduct her appeal, he said there was therefore a need to keep up appearances. To the extent the practitioner was concerned at the Bali legal teams delay, the appropriate course was to write privately to them about this. Conducting an argument with, or as he said putting pressure on, the Bali legal team through the medium of the press appeared to us ineffectual (given the previous public dispute between Mr Rasiah and the practitioner it was unlikely to be productive), inappropriate and improper. It is nonsense to suggest it helped Ms Corby by distancing her from the work of her Bali lawyers. Nor do we see any advantage to Ms Corby in the practitioner publishing the existence and content of the draft and final letters. These requests for finance and assistance with the evidence were matters for private consideration by the Bali legal team, the Perth lawyers assisting them and the government. Further, in his letter to Mr Rasiah dated 8 June 2005, the practitioner stated that the question of obtaining funding was extremely sensitive and was required to be handled quietly and in confidence. It ought not, he believed, be played out in public. Yet the practitioner was here publishing the existence of letters requesting financial assistance.
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[Appendix A]
As was put to the practitioner in cross-examination, the reference to the draft letter including a request for financial assistance which was subsequently omitted, was likely to arouse the suspicion of the media. The draft letter had been received by the practitioner and an explanation sought of its contents before the figures were to be put forward to the government. It was treated by the practitioner, as he explained in evidence, as a draft, unsigned and undated letter. The final letter, signed and dated, did not pursue the request for an amount for lobbying. That is where the matter might have rested. At this point, there was no evidence, beyond the practitioners faint suggestion, that the journalists at the time were aware of Mr Rasiahs request for bribe money. Neither was there any credible evidence that Mr Rasiah was continuing to pursue a claim for bribe moneys from the government. The practitioners stated concerns about Mr Rasiah teeing up bribes with the High Court judges had not been mentioned in his response letter nor his witness statement and appeared speculative. This supports the inference we make that there was a measure of reconstruction in the practitioners evidence concerning his conversation with Ms Munro.
413 To the extent the practitioner claims he believed that these disclosures were in Ms Corbys best interests or were not detrimental to her interests, we reject that evidence. When asked whether the practitioner considered the effect on Ms Corby of his disclosing the draft letter and the suggestion from Mr Rasiah, the practitioner answered by reference to the consequences if it had been disclosed that bribes had been paid or that Mr Rasiah had approached the High Court with that in mind. The practitioner then said he had never mentioned the bribe as such. The difficulty with this evidence is that there was never a prospect of the government paying money for bribes nor any evidence of Mr Rasiah teeing up the judges. For all these reasons we find that the practitioner never turned his mind to the consequences for Ms Corby. We think it was detrimental to Ms Corbys interests to reveal these matters at all and particularly to hint at a suggestion of impropriety in relation to a request for financial assistance by a member of her Bali team.
414 We find that this disclosure and the statements to the media were made by the practitioner without Ms Corbys informed consent.
[the fifth diclosure was discussed]
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[Appendix A]
We make similar findings as for the previous disclosure. There is no evidence that any of the matters the subject of these statements was (except through the practitioner) in the public domain. We regard each of these statements as comprising matters confidential to Ms Corby. We do not think any of the disclosures were made in Ms Corbys best interests or that the practitioner believed they were. Neither do we accept, as the practitioner claimed in re-examination that, as he believed, they were not detrimental to her interests. The reference to the draft letter being not appropriate could only continue to arouse suspicion. We do not think the practitioner turned his mind to whether these disclosures affected Ms Corbys interests.
419 We find that this disclosure and the statements to the media were made by the practitioner without Ms Corbys informed consent.
[the sixth disclosure was discussed]
423 As before, our findings are that there is no evidence that any of the matters referred to in these statements was in the public domain, other than through the practitioner. We regard each of these statements as being confidential to Ms Corby. We reject the practitioners assertion that these statements were in Ms Corbys interests or were not detrimental to her. We think they were detrimental to her interests. We do not think the practitioner turned his mind to whether these disclosures affected Ms Corbys interests. We think the inference to be drawn from the fact that the practitioner was making the same or similar statements to the press on a near daily basis was that, to some extent at least, as the LPCC contended, he courted media attention for its own sake.
424 Having regard to the content of the statements and generally we again do not think this disclosure and statements to the media were relevantly made with Ms Corbys informed consent.
Seventh disclosure: statements published on 14 June 2005 journalist Steve Pennells
425 The complaint is that on about 13 June 2005 the practitioner made the following statements to journalist Steve Pennells which were published on 14 June 2005: 1. The Indonesian legal team were unprepared for the appeal; 2. They [Mr Percy and the practitioner] still had not seen a draft of the appeal grounds or been given any indication of what arguments might be presented;
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[Appendix A]
3. He had not been provided with a transcript of the proceedings; [He had not seen a transcript of the proceedings.] 1. The Indonesian legal team request for information from the Australian government was made at the last moment and was a rehash of a former request which the Indonesian lawyers knew the government could not deliver; and 2. The Indonesian lawyers should have spent more time preparing the appeal and had wasted time holding press conferences.
426 The practitioner explained in re-examination that the last statement concerned Mr Hutapea holding a press conference with a soapie starlet. This was apparently a television exercise with a view to encouraging public support for Ms Corbys case in Indonesia.
429 As before, our findings are that there is no evidence that any of the matters referred to in these statements was in the public domain, other than through the practitioner. We regard each of these statements as being confidential to Ms Corby and their disclosure detrimental to her interests. We do not think the practitioner turned his mind to whether these disclosures were in Ms Corbys best interests. The view concerning how the Bali legal team had wasted time seems to us unconstructive and provocative.
430 We find this disclosure and the statements to the media were made by the practitioner without Ms Corbys informed consent.
Eighth disclosure: statements published on 23 June 2005 journalist Steve Pennells
431 On 22 June 2005, the practitioner had a further conversation with journalist Steve Pennells. The following statements were reported in an article on 23 June 2005: 1. the practitioner believed that Ms Corbys Indonesian legal team had given consideration to using bribery to attempt to secure success in Ms Corbys appeal; [Mr Rasiah had given consideration to using bribery and Ms Corby had no knowledge of that, or of any request for money for a bribe, or any proposal to attempt to bribe];
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[Appendix A]
1. Mr Rasiah had provided a draft letter for the Australian government which included a request for an amount of $500,000 for lobbying; [Mr Rasiah had produced a draft letter which included a request for the Australian government to provide $500,000]; 1. the practitioner was of the view that the request in the draft letter for $500,000 was for bribes for judges; and 2. when Mr Rasiah passed the final version of the request to the practitioner for on-forwarding to the Australian government the request for $500,000 had been removed.
432 The statements are admitted except, with respect to the first two paragraphs, that they were in the form in brackets. We accept the practitioners evidence in this respect.
433 The allegation of the possible use of bribery in the Corby proceedings caused something of a sensation in the Australian media and, as there reported, in Indonesia. Over the following week the story with various follow-up comments was published in various media outlets in Australia. These included reports in which Mr Rasiah denied that the request for $500,000 was for bribery, Mr Hutapea said that he had warned the practitioner against making the allegation and (separately) the allegation might result in an increase in Ms Corbys punishment, Ms Corby had sacked her Bali legal team although subsequently reinstating part of the team and Ms Corbys mother said that rather than helping her daughter, the practitioner was making things worse.
434 In his witness statement and response letter, the practitioner states that on the same day but prior to his conversation with Mr Pennells, he had spoken to another journalist Nick Butterly. Mr Butterly had telephoned to advise that he had written a story to appear in his newspaper based on a conversation with Mr Rasiah, in which Mr Rasiah had admitted asking for $500,000 for lobbying but denied that it was to bribe judges. The practitioner says he made no response. It was however clear to him that Mr Butterly was aware of the contents of the draft letter. It followed that, in the practitioners view, other members of the media might also be aware of the draft letter.
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[Appendix A]
435 The practitioner says his views were confirmed when Mr Pennells spoke to him later in the evening of 22 June 2005. As described in his response letter the practitioner says that Mr Pennells told him that Mr Rasiah had asserted that he had never made any request of the Australian government through the practitioner for money to bribe judges. Mr Pennells asked the practitioner to confirm whether Mr Rasiahs explanation was true. The practitioner said that he was not prepared to be untruthful about the matter and to be involved in any cover-up in respect of what he believed to be a criminal enterprise to bribe judges of the High Court of Bali. The practitioner told Mr Pennells that Mr Rasiahs assertion was untrue and relayed briefly the substance of his conversations with Mr Rasiah. He also told Mr Pennells that these activities of Mr Rasiah were not undertaken with the knowledge of Ms Corby, nor were they countenanced by Ms Corbys legal team. In his response letter the practitioner acknowledged that the substance of his comments to Mr Pennells were reflected in the article.
436 Mr Pennells witness statement on the subject is difficult to follow. He gives a generalised account of his conversation with the practitioner (at [15]) followed by a more detailed and rather different version (at [18] - [24]). The explanation for the variance is no doubt because, as he acknowledges, after this length of time his recollection of events surrounding the story was not good. He says he cannot recall how much information he had before the phone call to the practitioner and how much he got from the practitioner, but if the practitioner did not provide the information then he at least confirmed it. He is confident however that the words in the article he put in quotations were those of the practitioner, with the possible exception of the word lobbying. Mr Pennells says that he rang the practitioner once or possibly twice on the evening. Adopting his generalised account, his evidence was that he had some knowledge involving Mr Percy and the practitioner to the effect that the Indonesian lawyers, especially Vasu Rasiah asked for money from the Australian government for bribes. He put to the practitioner something along the lines that he understood there was a bribe or two made, he understood the practitioner was party to it or a conduit to it and was that correct. Mr Pennells says that the practitioner confirmed it and he quoted pretty much what [the practitioner] said in the article. He used pretty much every quote he gave me. Mr Pennells says he also spoke to Mr Rasiah and put the allegation to him and that he denied it flatly and said the money was requested for a public relations campaign.
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[Appendix A]
437 There was tendered also a transcript of the LPCC interview of Mr Pennells. This is broadly consistent with his witness statement. What emerges additionally from this document is that prior to his conversation, Mr Pennells was aware of a request for $500,000 and that there was a suspicion that this was for bribes. He believed he had learned from Mr Rasiah of Mr Rasiahs request for $500,000. He had learnt from the practitioner that there was a draft letter. He told the practitioner they were running the story anyway that the government had been approached for money, and he could confirm or deny this. When he put the allegation to Mr Rasiah he had denied this and said the amount sought was for public relations or something like that. He may have rung the practitioner back after that. He believed from his conversation with the practitioner he had now got hard evidence of a request for bribe money as opposed to rumour.
438 The practitioner acknowledged that in fact no request for bribe money had been made to the Australian government by way of the draft letter because he had not passed on the draft letter. He was asked why he did not tell that to Mr Pennells or why he did not do as Senator Ellison had done and confirm that the government had not received a request for lobbying or for other purposes and would have rejected such a request. The practitioner quarrelled with the question and did not answer it. As regards the Minister, what the Minister said was literally true but he was aware of the request (because the practitioner had orally advised his staff of it) and he could not speak for him. He emphasised that Mr Pennells had said he was going to run the story with or without the practitioners version. The practitioner disclosed what he did in order to protect his own position, the governments position and Ms Corbys position. He could not be untruthful and needed to make the disclosure to protect the integrity of the government, himself and Ms Corby who knew nothing about it. He was asked by the Tribunal whether the effect of what he said was to convert a possible rumour of a bribe attempt into the fact of that. The practitioner said he believed that Mr Pennells had sufficient material to run with the story of a bribe attempt. It was put by Mr Hall that what he had told Mr Pennells became the story. The practitioner thought the journalist may have bluffed him but he had a fair idea what the situation was. He said he had made it a pre-condition to agreeing to talk to Mr Pennells that he report that Ms Corby was not involved in the attempt. As the LPCC points out, that evidence of a condition was not part of either his response letter nor his witness statement, both of which deal specifically with the subject of Ms Corbys lack of knowledge. He referred to Mr Davies account of his conversation with Mr Rasiah at the bar on 10 June 2005 and his fear that Mr Rasiah would approach the judges and tee them up for the bribes and then ask the government for the money.
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[Appendix A]
We think that evidence of both these matters is unsatisfactory for reasons given. Then, that would have been fatal to her because the money would not have been forthcoming. This is a curious suggestion given the practitioners assertion that the Bali judges were not open to corruption. He said Mr Pennells had put to him that the bribe had taken place and that the practitioner was party to it. He regarded himself as in an enormous dilemma and that he had to think quickly about how he was going to respond. He was not going to be untruthful about it because that would have been a disaster for everybody.
439 When asked about a subsequent report disclosing that Ms Corby had sacked her Bali legal team, the practitioner said in evidence he welcomed the news that she had got rid of the crooks and charlatans that surrounded her. Asked whether he saw this as a potential benefit of his statements to Mr Pennells, the practitioner said: I dont know now. I just dont know. He then said he did not think he made his decision because of an objective to damage Mr Rasiah or to attack the Bali legal team. It was clear from his answers that the practitioner could not say with any conviction that this was not his motive at the time. When asked by the Deputy President whether the disclosure was an escalation of his disagreement with Mr Rasiah, the practitioner answered by reference to the informal conversation between Mr Davies and Mr Rasiah on 10 June 2005. We consider this issue of motive below.
440 We accept that the practitioner felt himself under some pressure when confronted by the journalists about whether there had been a bribe attempt. We also note that the practitioner, questioned by the Deputy President, acknowledged that he did not know whether he made the right decision or not in making the disclosure to Mr Pennells. We are conscious also of Mr McCuskers caution that, with the benefit of hindsight, we categorise as unprofessional conduct that which may have been an understandable error of judgment.
441 Our sympathies are limited however. [I have altered the formatting of this paragraph.]
First, we think much of the practitioners dilemma as to how to answer was of his own making. He had generally made himself available to the media to discuss the Corby matter. More directly, he had put out that there was an inappropriate draft letter from Mr Rasiah which had made a claim for an item of money which was subsequently omitted.
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[Appendix A]
Second, by this date the appeal had been lodged. Any further assistance the practitioner could give was, it appears, in relation to assisting in obtaining additional evidence. The government had apparently decided not to take Mr Rasiahs suggestion of a bribe any further. There seems to us no obvious reason why the practitioner needed to contribute to the subject.
Third, a related point, we think that in the circumstances there was no imperative to provide a detailed account to Mr Pennells of Mr Rasiahs suggestion of payment of bribe money. To the extent he was pressed on the matter he could simply have declined to comment as he did with Mr Butterly or answered briefly as the Minister subsequently did (ABC interview on 23 June 2005). At another point in his evidence the practitioner claimed he was no stranger to dealing with the media. Whatever rumours were circulating amongst journalists would have remained just that, particularly given Mr Rasiahs emphatic denial of any claim by him for money for bribery. Mr Pennells evidence suggests that it was the practitioners detailed account refuting the denials of Mr Rasiahs which made the matter newsworthy. This supports the LPCCs submission that the better characterisation of the matter was the practitioner exposing the story rather than, as the practitioner claimed in evidence, having to defend the charge of being involved in a cover-up of it. Fourth, having reviewed the whole of the evidence it is apparent that the practitioner had formed an extremely hostile attitude toward Mr Rasiah. The manner in which the practitioner spoke about Mr Rasiah both at the time (for instance in his letter to Mr Hutapea) and before us (we have mentioned some only of these references) suggests he felt an intense personal animosity which coloured his decisions. The basis for that hostility as indicated by the practitioners own statements was not just the suggestion of the government paying money for bribes but was Mr Rasiah keeping control of the case and excluding the Perth team. See again his letter to Mr Huapea and his statements to the media to this effect. We have formed the view that the practitioners decision progressively to disclose the bribery claim was motivated, at least in part, because of his intense dislike of Mr Rasiah. That explains why the revelation about the bribery claim went into such detail covering the initial request, the draft letter, his refusal to convey the draft letter to the government and the subsequent omission of the request from the final letter. It also explains why instead of setting out his concerns in private correspondence with Mr Rasiah or Ms Lubis, or advising the government to take the matter up with the Indonesian authorities, the practitioner made his revelations through the press where it would have maximum impact.
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[Appendix A]
Finally, the practitioner had earlier been extremely critical of a Corby supporter (Mr Bakir) for his making bribery allegations. He said these might generate anti-Indonesian sentiment which could affect the mind of an Indonesian judge. The practitioner sought to distinguish those circumstances, they being false allegations, but at the least he must have known that the consequences of his disclosure would cause significant problems for the Bali legal team which could not assist Ms Corby awaiting the completion and outcome of her appeal.
442 We reject the practitioners evidence that when questioned by Mr Pennells, the only options open to the practitioner were to tell him what had happened or to deceive him. We reject also his evidence that his disclosures were necessary to protect his interests, the interests of the government and Ms Corby. The practitioner might have declined to comment in relation to the matter. It is not as if he or the government had anything to hide. The practitioner had rejected the suggestion of money for bribery from the outset and acting on his belief of the real nature of the claim for lobbying and the status of the draft letter had refrained from passing it on. There is no evidence that Ms Corby knew of the suggestion. No-one, not the Bali legal team nor the government, had any interest in revealing Mr Rasiahs suggestion, but had the issue somehow opened up or been investigated, those facts would have emerged. As regards the written records, the facts were that the practitioner had received a draft letter making a request for funds including an amount for lobbying. This had not been passed on to the government pending clarification. When the final letter was received it had omitted the request for an amount for lobbying. To the extent it was necessary to mention any of this (and we do not think it was) the practitioner might have confined himself to that. There could be no criticism of his conduct or that of the government or Ms Corby in these circumstances. We think that position would have best served Ms Corbys interests.
443 We reject also the assertion that the practitioner was under a professional duty to tell the truth concerning the bribe allegations. To the extent the government or the practitioner had thought it necessary to reveal Mr Rasiahs suggestion, there were appropriate ways the practitioner might have gone about this. Publication to the press was not one of them.
444 The only redeeming feature of the incident is that the practitioner did at least endeavour to protect Ms Corby and her family by stating that they were unaware of the bribery allegations.
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[Appendix A]
445 We find that these statements were not in the public domain. We find further that they did comprise matters confidential to Ms Corby and that disclosure was contrary to her interests. That she may not have known about Mr Rasiahs suggestion that the government provide money for bribing the judges is not to the point. Lawyers for a client will often discuss matters and tactics relating to the case without the clients express knowledge or involvement, acknowledging that these strategies will rarely involve that under consideration. However misconceived the bribery proposal may have been, it was one on its face made to the knowledge of the Bali legal team and pursued by Mr Rasiah on behalf of and in the interests of Ms Corby. We reject the practitioners suggestion at one point in his evidence that the suggestion was made for Mr Rasiahs own purposes; that is the money would not have been used for Ms Corbys benefit. There was no evidence to support that suggestion and, given the source of the funds, it seems inherently unlikely. We find the statements were not made in Ms Corbys best interests and neither was this the practitioners motivation in making the disclosure.
446 We find that the practitioner made this disclosure and the statements to the media without Ms Corbys informed consent.
Unprofessional conduct
447 The remaining issue is whether the making of the statements in the circumstances constituted unprofessional conduct. That is, whether the practitioners conduct, as found, to a substantial degree fell short of the standard of professional conduct observed or approved by members of the legal profession of good repute and competence.
448 The findings we have made concerning the making of the statements and the circumstances of and motivation for their making, leads irresistibly to our finding that the practitioner was guilty of unprofessional conduct in relation both to the disclosure of confidential information and in making statements to the media. Whilst it may have been the case that the making of an individual statement might not have constituted unprofessional conduct, when the statements are taken as a whole and the circumstances of their making is considered it is clear that the practitioner was guilty of a serious breach of professional conduct.
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[Appendix A]
449 The circumstances relevant to this finding in summary are as follows:
1. Ms Corby was from 6 June 2005 the client of the practitioner. He ought to have appreciated this fact given the circumstances of their meeting as we have found. To the extent he did not, he should at the least have considered this possibility and refrained from making statements to the media or sought her informed consent to do so if satisfied they were otherwise in her best interests; 2. in their meeting of 6 June 2005, the practitioner and Ms Corby agreed a form of words for release to the media of matters which were of direct and immediate concern to Ms Corby and which, because they were of a general nature and intended for the Australian public, were justifiably made through the media. The practitioner ought to have sought her agreement before proposing to make further statements to the media. To the extent there were practical difficulties in directly doing so, he might have sought her approval through her Bali legal team or through her family who were in constant touch with her. It is of interest that in his letter dated 21 June 2005 to Mr Hutapea, the practitioner in effect sought his permission to the practitioner making a further media statement relating to the appeal (that only Mr Hutapea and Mr Siregar handle the appeal); 3. the statements made fall into two main groups. The first group comprise criticism of the Bali legal team for: 4. a. delays in providing a transcript of the trial and reasons, the draft grounds of appeal and requests for (inappropriate) evidence; b. not making the best use of the experience and skills offered; and c. spending insufficient time on the appeal. The appropriate course for a responsible barrister in the practitioners position believing there were these problems which were capable of redress was to have written to the Bali legal team and made known these concerns. If there were difficulties in doing so because the criticism was directed at the Bali legal team, he might have sought to raise them with Ms Corby or her family. To publish these statements to the media was detrimental to Ms Corby because it appeared to demonstrate a failure on the part of her Bali lawyers and a weakness in their preparation of her appeal. As the practitioner said in effect in his evidence, there was little point in criticising the Bali legal team because no-one else was in a position to take over and prepare the appeal. These statements may have provided comfort to the prosecutors defending the appeal. It was likely to distract the Bali legal team from their task and make it less likely they would include the Perth
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[Appendix A]
team in assisting with the grounds of appeal. It is far from clear that the statements promoted the governments interests, although the practitioner claimed they did by anticipating the Bali legal teams attack on the government. We think the motivation for these public statements was in part the pursuit of the practitioners dispute with the Bali legal team and in particular Mr Rasiah, and the practitioners interest in promoting himself in the media as an expert, approached by the government, whose pro bono services were not being availed of; 1. the second group of statements either foreshadowed or constituted the bribery claim. For reasons given above, we reject the practitioners claim that this was disclosure made in Ms Corbys interests. We do not think there was any credible evidence that after 10 June 2005 (the delivery of the final letter to the government) Mr Rasiah was seriously pursuing money for bribery from the government. We do not think the journalists possible story of a bribery claim, rejected by Mr Rasiah, would have had any or sufficient foundation but for the practitioners progressive revelation of the details of Mr Rasiahs suggestion. Again, we have doubts whether they promoted the governments interests, although the practitioner claimed they did by anticipating a suggestion that the government was the recipient of a request for money for bribery. We again think the motivation for these public statements was in part the pursuit of the practitioners dispute with Mr Rasiah; and 2. in the space of about 11 days the practitioner made five disclosures to the media of statements which directly concerned Ms Corbys appeal. They were statements as we find which were not merely of no benefit but were detrimental to the interests of a person who was in an extraordinarily vulnerable situation, and where there was no obvious benefit to the government.
450 The practitioner argued that he did not breach the requisite professional standard to the extent he believed Ms Corby was not his client and further that he made the statements believing them to be in her interests. We have dealt with the second argument. We do not accept it. As to the first, we accept the practitioners evidence that he did not regard Ms Corby as his client. The basis for the practitioners position appears from his evidence to have been based in part, on the fact that the government was his client and its interests may have conflicted with Ms Corbys. He was so certain Ms Corby was not his client he felt no need to analyse or discuss or seek advice on whether that belief was sound.
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[Appendix A]
451 The starting point in considering this issue must be the situation of Ms Corby, suffering both physical deprivation and the prospect of life in an Indonesian jail and dependent, for some possible relief, upon the success of her appeal. We think that a responsible barrister would have been acutely aware of these facts and conducted themself accordingly. That would require that the barrister pay very careful attention to whether they owed Ms Corby duties of confidentiality. Given that possibility existed, the practitioner ought to have erred on the side of caution and exercised great restraint in making any disclosures or, where necessary, saying anything to the media. He might have made efforts to clear any statements with Ms Corby in the manner suggested, if they were otherwise not detrimental to her position. We think the practitioner manifestly failed to exercise that level of care and restraint. Rather, he sought out media attention and disclosed confidential matters and expressed his personal opinions about her appeal with no or little regard to the consequences for Ms Corby. Worse, he conducted his personal dispute with Mr Rasiah through the press in a manner that was highly prejudicial to Ms Corbys interests. In these circumstances, we do not think the practitioners belief that Ms Corby was not his client excuses his conduct.
452 Neither do we think that the disclosures and statements were justified to the extent the practitioner believed they were in the governments interest or served a political purpose for which he had been retained and were not inimical to Ms Corbys interests. We leave to one side the propriety of the practitioner, in the circumstances, undertaking what he called a semi-political role. In our judgment the practitioner was under an obligation to Ms Corby as his client to protect her confidences, ensure any disclosures were in her interests, and obtain her authority to make statements to the press. Put another way, whatever political or other service the practitioner regarded himself as rendering to the government, from Ms Corbys point of view we think she was entitled to expect that a senior counsel advising and assisting her in relation to her appeal against a life sentence would scrupulously comply with his professional obligations to protect matters confidential to her appeal and obtain her informed consent to statements made to the media.
Conclusion
453 For these reasons we find that the charge of unprofessional conduct in respect of both the disclosure of confidential information and statements to the media without the informed consent of Ms Corby as the practitioners client have been made out.
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[Appendix B]
APPENDIX B
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[Appendix B]
The State Administrative Tribunal report can be viewed from the Expendable Library:
http://www.expendable.tv/p/library.html
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End of Section 8
SECTION 9
The Political Seizure Of Schapelle Corbys Book Royalties
CONTENTS
1. Introduction
1.1 Schapelle Corbys Book: My Story 1.2 The Costs Of Indonesian Imprisonment 1.3 The Proceeds Of Crime
2. The Secret Trails

2.1 Introduction 2.2 Pursuing The Funds 2.3 The Notification 2.4 The Seizure Of The Assets
3. Summary & Conclusions

3.1 Summary 3.2 Covering Tracks
[Introduction]
1. INTRODUCTION
1.1 SCHAPELLE CORBYS BOOK: MY STORY
During the early months of her imprisonment, Schapelle Corby was desperate to set the record straight, as best she could, from her squalid cell. The only way she could do this was to recount her own experiences, describe exactly what had happened to her, and articulate her feelings. Working closely with professional journalist Kathryn Bonella over a 10 month period, spending countless hours hand-writing notes in her cell, providing numerous diary entries, and meeting with Kathryn Bonella in the visiting area to impart her story, Schapelle finally achieved this goal through the book, 'My Story', which was published on 10th November 2006. It was an immediate best seller in Australia.
The book itself was direct and honest. It openly documented interactions with a number of parties, and recorded, in chronological sequence, the questionable involvement of the AFP, SACL, Qantas, and the Australian government, in her tragic situation.
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[Introduction]
Given the role of some of these parties, as also revealed by The Expendable Project, it was a book which was greeted with hostility. Qantas, for example, banned all advertising for it in their Australian terminals.
Whilst Schapelle Corby paid an extremely heavy price for her openness, through indirect retribution by the authorities in Indonesia, it is apparent that the Australian government, and establishment, also set upon her with a vengeance. The hostility towards her and her family, through media channels, was intensified (as evidenced by other Expendable Reports). But further, the government embarked upon a path to deprive her of the much needed funds which My Story had started to generate.
1.2 THE COSTS OF INDONESIAN IMPRISONMENT

Schapelle Corby's family were not wealthy. Yet, from 8th October 2004, they were confronted with a myriad of substantial costs as they desperately fought for justice for Schapelle, and eventually for her very survival. This was against, what transpired to be, the government apparatus of two nations. Legal costs, travel costs from Australia, hotel costs, food for Schapelle, and much more, all had to be covered. For a normal working class family this was, quite simply, beyond them, both in the short and long term.
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[Introduction]
Whilst initially, some of the costs were covered by media organizations seeking exclusive coverage, it was hoped that the book royalties would free them from such exploitation. The royalties were also intended to provide for an extraordinary legal appeal, cover Schapelle's physical needs, and pay for the medical treatment of her already deteriorating condition. The Australian government, however, had their own agenda, and were apparently intent on punishing her, by denying her this crucial form of revenue. Certainly, having adopted a high risk strategy in managing her appeal, a potential opportunity to curtail her future legal recourse would have been self-evident.
1.3 THE PROCEEDS OF CRIME

Schapelle Corby's book did not describe drug smuggling or any other crime, other than, perhaps, the crimes against her own human rights. It merely related, from her own perspective, what happened to her following her arrest. The government was well aware of the wholesale abuses of her human rights during the Bali trial. They were also aware that she was convicted in Indonesia, under Indonesian law, and not under Australian law, where, for example, she would have been presumed innocent until proven guilty. They were aware that the book was written in Indonesia, not in Australia. They were aware that the book royalties were derived from a number of nations, not just from Australia. They were aware that the royalties were going to Indonesia to fund Schapelle Corbys basic needs, and not to Australia. They were aware that never before, in the history of the nation, had proceeds of crime legislation been used to seize book royalties, let alone, book royalties in such disturbing circumstances. Yet, without any moral, ethical, or established legal basis whatsoever, the government of Australia embarked on the pursuit of these funds, which Schapelle Corby so desperately needed. The seizure itself was discussed and initiated from the very top of the Australian government. A number of ministers were involved, both in decision making and in public commentary. Even members of the opposition party endorsed and encouraged confiscation:
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[Introduction]
INDONESIAN LEGAL PROCESS Even more disturbingly, the action was initiated whilst Schapelle Corby was still in legal process within Indonesia, a fact which the Australian government was well aware of. The signal to Indonesia, therefore, that the Australian government was initiating an action on the basis that Schapelle Corby had committed a crime, could not have been clearer. Whilst the impact of this, upon her position before the Indonesian Supreme Court, can only be speculated, it is certain that both the Indonesian judiciary and Indonesian politicians were well aware of it.
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[The Secret Trails]
2. THE SECRET TRIALS

2.1 INTRODUCTION
Another alarming aspect of the government's efforts to seize Schapelle Corby's money was the method they adopted. This was no open action, through a fair, honest and transparent judicial system. It was practically the opposite. The process was pursued behind closed doors, through what, in effect, was a series of secret hearings. Wikipedia attributes the following characteristics to such a process: "The accused is not able to obtain the counsel of an attorney or confront witnesses for the prosecution, and the proceedings are characterized by a perceived miscarriage of justice to the benefit of the ruling powers of the society". It concludes that "Secret trials have been a characteristic of almost every dictatorship of the modern era". Schapelle Corby and her family were not permitted to represent themselves, or to have any input at all into the proceedings. They were not even aware that such a process had been launched, until the revenue had been frozen. The legal proceedings were, in every respect, totally secret, with Schapelle Corby having no rights whatsoever, and being given no opportunity to defend herself against this politically driven action. Her first knowledge of the situation came when papers were served on her in Kerobokan prison by the Indonesian Police, on 16th March 2007, stating that the Australian Federal Police had frozen all her money and assets.
2.2 PURSUING THE FUNDS

Schapelle Corby had begged the AFP to investigate the source of the marijuana in Australia. She had urged them to investigate herself, to search her home, property and bank account. But they had refused. When pressed by her family, and by supporters, in subsequent years, they continued to refuse. However, when it came to an investigation to trace her book royalties, the AFP set about the task with vigour. They embarked on a major project of tracking and surveillance. This embraced not only Schapelle C0rby, but her family, co-author Kathryn Bonella, and her publishers.
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[The Secret Trails]
The investigation stemmed from a referral, originally made in November 2006, as confirmed by a prepared AFP response to a Senate committee:
For reasons known only to themselves, they named this large scale police operation 'Operation Bridie'. From this point onwards, a series of secret hearings ensued. COURT HEARING 1 The case was first presented to the District Court of Brisbane on the 12th December 2006, and was adjourned. COURT HEARING 2 The case was reconvened on the 15th February 2007, under Judge SC McGill:
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[The Secret Trails]
That the action required considerable departure from the real life situation, and clear misuse of the legislation to succeed, is plainly evident from the partial list of factors referenced earlier. Any one of the aspects discussed could have been used to dismiss the case, and indeed, Judge McGill did so, on the basis that the royalties were not derived in Australia:
This is clearly the case, and Judge McGill was correct. Schapelle Corby was in an Indonesian prison when the book was conceived, written and published. The book was sold widely, and not only in Australia. For example, it was published in New Zealand in late 2006, where it became an instant big seller. However, rather than accept this legally based judgement, the government immediately sought leave to appeal, in continued pursuit of its political agenda.
[The Secret Trails]
COURT HEARING 3 They made an application to the Supreme Court of Queensland the very next day, accusing Judge McGill of having "erred".
On 2nd March 2007 the Court of Appeal sat to consider the case, again in camera.
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[The Secret Trails]
Following the initial judgement, three judges were assigned, who were sympathetic to the government's position: JA Williams, JA Keane and J Helman.
These three individuals overturned the original judicial outcome, freezing not only the book royalties, but the earnings of Schapelle Corby's sister, Mercedes, from a totally independent magazine interview.
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[The Secret Trails]
Again, Schapelle Corby and her family were oblivious to these secret court hearings, and they were again totally un-represented. Its not known whether Williams, Keane and Helman made any effort to identify how inappropriate the application of the legislation was to Schapelle Corby's situation, but in effect, they gave the government everything they sought. In addition, they ruled that any future hearing must be held in the Supreme Court, rather than in the original District Court.
Keane: .... For these reasons, I am respectfully of the opinion that the learned District Court judge erred in taking too narrow a view of s 153(1) and, consequently, of the scope of s 20(1) (d) of the Act." Williams: "I agree with the reasoning of Keane J. The order sought should be made. Any consequential proceedings should be brought in the trial division of the Supreme Court. Helman: I agree.
This manipulated and convoluted use of the Proceeds of Crime Act instantly prevented any book or similar revenue being transferred to Bali to help Schapelle Corby survive her ordeal, or continue her legal challenge.
2.3 THE NOTIFICATION

On 16th March 2007, Schapelle Corby and her family were finally notified of the secret hearings, and their outcome. Once again the Corby family found themselves confronted by the hostility of their own government. Once again they were distraught, confronted by an organ of state of their own nation, when the need for support could hardly have been more pressing. A desperate letter from Schapelle Corby's mother, exemplifies the distress they clearly felt:
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[The Secret Trails]
Within days, the media were reporting the situation, again courtesy of government sources.
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[The Secret Trails]
INDONESIA It should be stressed that Schapelle Corby's legal process in Indonesia was far from complete at this point in time. By launching, and ultimately publicising, their action, the signal to Indonesia could hardly have been clearer. They were, in effect, endorsing the guilty verdict prior to its final delivery under the Indonesian judicial system. It should also be noted that this action was undertaken, in the context of the withholding of vital evidence by the Australian government from that same Indonesian judicial system, as documented in The Transit Report, and others. It was undertaken in the context of the many hostile and false statements made by the government, which are documented throughout The Expendable Project.
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[The Secret Trails]
2.4 THE SEIZURE OF THE ASSETS

The AFP immediately set about seizing whatever assets they could. The following is a progress report to the Minister for Justice & Customs, Christopher Ellison:
This also initiated a lengthy period of investigation and intrusive surveillance of Schapelle Corby's family and others, by the AFP, for which the term harassment would not be misplaced.
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[The Secret Trails]
With an operation of this nature ongoing, it is little wonder that the Corby family, who had simply sought to help Schapelle survive by managing her book revenue, were reported to have been frightened of the AFP, and persecuted by their own government. The inevitable outcome of the AFP's actions was eventually reported in the media:
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[The Secret Trails]
The government had succeeded in depriving Schapelle Corby of this essential revenue, thus preventing her from launching an extraordinary legal appeal. This action also contributed to the substantial deterioration in her mental and physical well being.
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[Summary]
3. SUMMARY & CONCLUSIONS

3.1 SUMMARY
There is no doubt that this seizure was politically driven, from a ministerial level, and that it involved the same individuals who were active in a number of the other disturbing aspects of the case. The requisite re-interpretation of the Proceeds of Crime Act, undertaken behind closed doors, also brought the legislation itself, and the Australian judiciary, into disrepute. The book covered a fight for justice, not a crime. It was written in a foreign country. The royalties themselves were earned internationally, not just in Australia, and they were destined for a person in that foreign country, not for someone resident in Australia. Even the alleged crime itself raised the most basic of issues. Schapelle Corby was denied a fair and reasonable trial, which the government was well aware of. Her legal and human rights were repeatedly abused, as documented in the report: Breaches of the Indonesian Code of Criminal Procedure, and the UN International Covenant on Civil and Political Rights, in the Schapelle Corby Trial. In addition, the trial became politically charged. Accepting this as the basis for a proceeds of crime seizure, not only endorsed these abuses, but created a precedent, positioning the state of Australia accordingly with respect to similar human rights abuses. It is also worth re-emphasizing that this occurred before Schapelle Corby's legal recourse in Indonesia had been exhausted, with the clear signal this must have sent to the Indonesians. Further, the AFP had been requested by Schapelle Corby, and others, to investigate the alleged crime in Australia, but had refused point blank. The contradiction, of refusing to investigate a crime in Australia, but then enthusiastically investigating contrived proceeds of the same alleged crime, is self evident. Finally, the concrete reality of the impact of the seizure on this Australian citizen was completely ignored. Schapelle Corby's dire circumstance, her desperate need for the funds for medication, her mounting legal costs, and even the need for funding to cover food, were never taken into account.
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[Summary]
Ignoring all the pertinent facts of the situation, the government proceeded, and used this legislation to seize book royalties for the first and only time in Australian history. It is little wonder that this episode is widely regarded as the purely political seizure of monies which were fundamental to Schapelle Corby's chances of survival. It is often regarded as a calculated and ruthless political act, designed to prevent Schapelle Corby from launching an extraordinary appeal, which may again have created focus on the situation at Australian airports, and undermined the policy of international appeasement.
3.2 COVERING TRACKS

Given the disturbing political agenda which drove the seizure, it is perhaps not surprising that the DPP sought to cover the tracks of those involved, even years later. As documented within other Expendable Reports, it emerged that the DPP alone held a staggering 7,500 documents relating to Schapelle Corby. However, when efforts were made to view this material via a Freedom of Information request, the DPP refused point blank to allow access, claiming that it involved too much work. They refused to explain why they held so many documents relating to a single citizen. In their desire to protect those involved in this seizure, the government, through the DPP, had revoked yet another civil and legal right from Schapelle Corby: the right of a citizen to access information on themselves.
FOOTNOTE: When it became obvious to Schapelle Corbys family that the book royalty funds would be seized, and therefore lost, they requested that the money seized be used to help others, and donated to the Tweed Heads Palliative Care unit and Cancer unit. The request was denied.
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End of Section 9
SECTION 10
The Role Of The Indonesian Lobbyist And Support Network With Respect To The Schapelle Corby Case
CONTENTS
1. Introduction
2. The Indonesian Lobbyist Network

2.1 Asialink 2.2 The Australia-Indonesia Institute 2.3 The Australia-Indonesia Business Council 2.4 The Indonesia Institute, Inc
3. Summary
[Introduction]
1. INTRODUCTION
In 2005, the pressure on the Australian government to suppress awareness of the alarming scale of airport insecurity and corruption was a major force in determining their policy to sacrifice the interests and welfare of Schapelle Corby. However, the international relations dimension was also a factor of huge significance. As described in other Expendable reports, by virtue of its geographical proximity, Australia's relationship with Indonesia was of major strategic importance on the world stage. The potential for long term political damage was, in fact, widely commented upon in the Australian media at the time.
Less widely referenced was the risk to commercial interests, which were becoming increasingly importance to the government:
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[Introduction]
This aspect was, of course, particularly acute for certain sections within the Australian establishment, specifically, those individuals and corporations with financial interests, or potential financial, or other interests, in Indonesia and South East Asia. This report examines the position of a number of special interest or lobbyist groups, which were active during the unfolding of the Schapelle Corby case. It also investigates their links with the Australian government, and particularly, with the Department of Foreign Affairs and Trade.
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[The Indonesian Lobbyist Network]
2. THE INDONESIAN LOBBYIST NETWORK

Whilst the wider establishment would, by nature, tend to follow the political direction of government as a matter of course, the decision to prioritise the relationship with Indonesia, ahead of Schapelle Corby's rights and welfare, was reenforced through a variety of other means. In addition to the use of the media, and direct engagement by politicians and civil servants, a number of lobbyist and special interest type institutions were in active play within the establishment itself. Indeed, it is possible that President Susilo Bambang Yudhoyono had groups like these in mind when he made the following comment some years later:
The Australian: 2nd February 2011
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TIMOTHY LINDSEY While researching this aspect of the case, the name of one individual in particular occurred with striking regularity. This was Timothy Lindsey, who was commonly referenced with respect to his teaching position at Melbourne University. It was, however, the nature of his opinions and statements, which attracted initial scrutiny. The context here is important. Schapelle Corby's legal and human rights were systematically abused throughout her trial in Bali. This is documented in the Expendable Report: Breaches of the Indonesian Code of Criminal Procedure, and the UN International Covenant on Civil and Political Rights, in the Schapelle Corby Trial.
Independent Report: May 2008
In specific terms, this included abuses such as: presumption of guilt and not innocence, refusal of access to legal counsel at the preliminary interrogation, refusal of access to primary evidence (such as the marijuana to test for country of origin), the open contamination of primary evidence even in the court itself, refusal to acquire primary evidence, refusal to allow cross examination of key witness, and the open display of attitude by the judges, amongst others. Additionally, factors such as the record of Judge Sirait, who had admitted to never having acquitted a drug related defendant in 500 cases, were well known. Many of these abuses were widely condemned, with a number of them reported by the media in Australia and elsewhere.
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Lindsey, however, characterized this trial rather differently:
He presented these views not only across a broad array of printed publications, but also through broadcast media; both radio and television. However, examination of his other engagements illustrated affiliations well beyond those referred to in the media articles uncovered above. They also revealed that, as a board member of the Australian Government's Australia-Indonesia Institute (AII), he was eligible to: "receive sitting fees and travelling allowance in accordance with Remuneration Tribunal Determinations". Also, that through the AII, DFAT had, in August 2005, funded a trip to Australia for his Indonesian fiance, Julia Suryakusuma, to conduct "a speaking tour". An investigation of Asialink, and other similar bodies, was therefore undertaken.
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2.1 ASIALINK
Asialink describes itself as: "Australias leading centre for the promotion of public understanding of the countries of Asia and of Australias role in the region. Asialink is a key provider of information, training and professional networks". It also states that it is: "a non-academic centre of The University of Melbourne". It receives "generous contributions" from the Australian government. The question, with respect to the Schapelle Corby case is, of course, what sort of "understanding" was the organization promoting, and to whom? Whilst the association of Timothy Lindsey with Asialink may indicate the position they adopted, the constituents of the Advisory Council, in June 2005, illustrate the scope of influence:
This list of establishment figures could hardly be more impressive, and included politicians such as Alexander Downer (Minister for Foreign Affairs), Kevin Rudd (Shadow Minister for Foreign Affairs), and significant media players such as Maurice Newman (Chairman of the ABC) and Paul Kelly (News Corporation).
Interaction with policy makers is evidenced by the presence of Ian Macfarlane from the conservative think tank, The Lowy Institute. The members of the Asialink Advisory Board were generally less prominent, although Philip Flood was a former Secretary of the Department of Foreign Affairs and Trade (DFAT) and a former Ambassador to Indonesia. He was also a former chairman of the Australia-Indonesia Institute, a role which was later to be filled by Timothy Lindsey (see the next segment). Whilst the extensive influence of this organization could hardly be clearer, it wasn't alone in shaping the opinion of influential members of the Australian establishment and hierarchy.
2.2 THE AUSTRALIA-INDONESIA INSTITUTE

Established by the Department of Foreign Affairs and Trade (DFAT) in 1989, the Australia-Indonesia Institute (AII) defines its purpose as: "providing a focus for the collection, exchange and dissemination of information, and a source of advice, in relation to the ways in which relations between Australia and Indonesia could be encouraged, strengthened and developed".
Its functions include the "enhancement of commercial linkages between Australia and Indonesia", and the interesting "facilitation of media exchanges". THE MEDIA The 2003/4 AII Annual Report stated that: "The Institute developed high-level contact and understanding between influential Australian media representatives and Indonesian political, business and community leaders by taking a group of senior media editors to Jakarta. The group of nine editors, representing major Australian print, television and radio media organisations, was able to gain valuable insights into Indonesias recent democratic and economic reforms". And: "This was the sixth visit by Australian or Indonesian senior editors sponsored by the Institute in a program which the Institute believes has produced tangible benefits...".
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This continued, unabated, after Schapelle Corby's Bali trial. For example, the 2007/8 AII Annual Report stated that, in May 2008: "Nine senior Australian journalists, led by Institute Board member Greg Sheridan, visited Jakarta and Yogyakarta for a week of intensive political, economic, aid and other briefings. They met with senior Government Ministers, Parliamentarians, Indonesian senior media editors, and business, economic and religious leaders". Note that Greg Sheridan was the foreign affairs analyst for The Australian newspaper, including during the trial and appeals of Schapelle Corby. It has frequently been argued that this intense lobbying of senior and influential Australian media players was highly significant in the subsequent hostile reporting against Schapelle Corby (see other Expendable reports). This point is particularly relevant in the context of the significant media representation on the Asialink Advisory Council, as revealed earlier. Additionally, through the AII, the DFAT also funded "scholarship programs", with dozens of key Australian journalists undertaking courses in Indonesia. These spanned both of the major Australian newspaper publishers, Fairfax and News Ltd, as well as broadcasters such as the ABC and Channel 9, amongst others. Indeed, beneficiaries now occupy prominent positions in most major media organizations. A number of beneficiaries of AII scholarships, placements, or similar, subsequently produced material which was bitterly condemned by supporters of Schapelle Corby, with Sian Powell's and Claire Harvey's numerous reports being prominent examples.
Examples: Harvey & Powell
Extensive research also found no media references at all to the AII in the context of Schapelle Corby reporting, or with respect to Lindsey's contributions, no reference whatsoever to his AII role.
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As the years of Schapelle Corbys incarceration have passed, and as the position of AII beneficiaries within the Australian media has strengthened, and their influence increased, the general media position on Schapelle Corby has remained hostile. The number of individual journalists, who have been the recipient of some form of fellowship or placement, or those who have been associated with the AII and similar organizations, through contribution of their journalistic expertise or in some other related capacity, is substantial. For example, the following names are those listed on the websites of just two Australian organisations, the Australia-Indonesia Institute and the Asia Pacific Journalism Centre: Paul Kelly, Greg Sheridan, Sian Powell, Claire Harvey, Lindsay Murdoch, Paul Cleary, Peter Kerr, Farah Farouque, Jennie Brockie, Drew Ambrose, Julia Suryakusuma, Geraldine Doogue, John Schauble, Hilton Kolbe, Rachel Hill, Don Greenlees, Steve Sharp, Tom Fayle, Marian Wilkinson, Linda Morris, Aaron Patrick, Leigh Murray, Peter Michael, John Van Tiggelen, Fiona Halloran, Heather Stewart, Damien Dempsey, Sonya De Masi, John Hugh Wallace, Steve GwynnJones, Natalie Larkins, Michael Ware, Nick Gentle, Ginny Stein, Jerry Galea, Joanna McCarthy, Sophie Morris, Rowan Callick, Anne Barker, Kellie Mayo, Michele Mossop, Tamara Oudyn, Greg Roberts, Kanaha Sabapathy, Emma Tinkler, Christopher Zinn, Fiona Carruthers, Gavin Fang, Marion MacGregor, Amanda McLeay, Maria Moscaritolo, Simon Palan, Sacha Payne, Ruth Pollard, Dewi Anggraeni, K.C. Boey, Mark Baker, Dennis Atkins, Karen Kissane, James Massola, Katherine Pohl, Auskar Surbakti, Jack Waterford, Diana Bagnall, Marcus Cheek, Trudy Harris, Michael Kenny, Philippa McDonald, Karon Snowdon, Geoff Strong, Suzy Woodhouse, Dr Nigel McCarthy, John Tidey, Helen Musa, Greg Burchall, Prof. Greg Barton, Kenneth Davidson, Andrew Fraser, Andrew Jaspan, Simon Johanson, James Kirby, Bela Kusumah, Louise Perry, Ken Randall, Maurice Reilly, Mike Smith, Michael Stutchbury, Brendon Telfer, Jessica Mahar, Elise Davidson, Nick Richardson, Michael Short, Peta Yoshinaga, Tim Colebatch, Whitney Fitzsimmons, David Rood, Deborah Steele. It is also noteworthy that at the time this report was produced, in 2011, the Chairman of the Australian Press Council himself was a member of the Asialink Advisory Council. DFAT As with Asialink, the general position of the AII with respect to Schapelle Corby is, perhaps, indicated by an examination of its Board, and its most active members, including Timothy Lindsey. However, its proximity to government, as part of the DFAT, also presents a clear and unambiguous picture, particularly in the context of the disturbing revelations within the Expendable documentary film. The AII also collaborates directly with Asialink, making significant financial contributions to that organisation.
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As a collective force, the influence of Asialink and the AII upon the establishment and social hierarchy of Australia was substantial. Whilst their influence upon the media is particularly stark, the full scope of this influence was unbounded, as evidenced not only by the construct of the bodies themselves, but by the attendees of a multitude of presentations, conferences and seminars during 2005-2006. To a lesser extent, this also pre-dated and post-dated this period, and included government agencies themselves, such as the AFP, an agency which played a pivotal and disturbing role in the case itself:
AFP Commissioner Keeltys Address To The AII In 2003
Lindsey (Left) With AII Guests in 2009, Some of Whom Are Referenced Regularly Within The Expendable Project Reports
Few sectors of commerce and industry remained untouched. The cascade effect upon the position and attitude of general Australian society, and the wider public, is therefore self evident. However, Asialink and the AII were not the only pro-Indonesian and government supported groups active during this period.
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2.3 THE AUSTRALIA-INDONESIA BUSINESS COUNCIL

The Australia-Indonesia Business Council (AIBC) for example, promotes itself as follows: The Australia Indonesia Business Council Ltd (AIBC) is the peak, nonprofit business association involved with the promotion and facilitation of trade and investment between Australia and Indonesia. The AIBC offers corporate, small business, and individual membership. It is clearly, therefore, not unreasonable to assume that the priority of its members will generally be to sustain, or increase, revenue streams from Indonesia.
Closer examination of this body, however, also reveals some interesting associations. Long standing former Vice President, Ross Taylor, for instance, has commented on the Schapelle Corby case on a number of occasions. For example, in 2011, during the clemency appeal period, when asked about her case, he unhelpfully linked her with people smugglers being held in Australia: we're talking about one person in err Kerobokan prison in Bali, and here we have 250 young people including children in a maximum security prison in WA. The AIBC have a number of sponsors, including Allens Arthur Robinson, Commonwealth Bank, ANZ, Tigers Realm Minerals, Norton Rose, DORIC, Freehills, Crown International Holding Group, Garuda Indonesia, Solaris Paper, Oceanic Multitrading Pty Ltd, Southertons Chartered Accountants, and the Australian government itself, via the EFIC, which is part of the DFAT:
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However, when approached on behalf of this investigation, the EFIC denied this association:
As this entirely contradicted the AIBCs website, the EFIC/DFAT was pressed on the matter. They eventually conceded, effectively declaring their first response to be incorrect:
Aware of a practice known as contributions in kind, in which benefactors provide services and support in addition to direct funding, a potential disparity was discovered between the AIBCs modest declared revenue and the apparent expenditure of the organization.
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Whilst annual revenue seems to fluctuate around $95,000, the organization has long been able to boast extravagant conferences and events, including overseas in Jakarta:
The AIBC itself was approached on a number of occasions, with polite enquiries regarding its revenue sources. No response was forthcoming (see later). The EFIC/DFAT was pressed on the issues of the specific costs of sponsorship, and on the value of any contributions in kind, such as beneficial services, promotion or hosting. Their response was less than helpful:
The nature of the enquiry was therefore specified as: researching the direct and indirect tax payer funding, provided by a government agency, to an organisation which when approached refuses transparency on these matters, and, the EFIC/DFAT was again pressed for substantive information on the value of their contributions. EFIC/DFAT continued to refuse the request.
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Correspondence was therefore sent to a number of senior DFAT personnel, including ministers and parliamentary secretaries, to present the same core questions regarding funding, and to raise the issue of EFICs lack of transparency. Whilst these were certainly read, no response was forthcoming from any recipient, including the relevant members of Parliament.
Despite repeated enquires and reminders, the following was the final reply from EFIC, and indeed, any part of the DFAT.
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Equally, a formal Freedom of Information request for the same information went unanswered:
EFIC/DFAT was in open breach of Australias Freedom of Information Act, and only responded at all when a formal complaint was lodged with the Information Commissioner. They blamed a technical malfunction, which only appeared to afflict emails relating to this request. Yet they still continued to delay and prevaricate, making no progress at all in addressing a very straight forward request.
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In September 2011, they took the step of investing tax payers money, by employing the services of a large commercial law firm:
The intent, to use all means and every legal device available, regardless of cost, to prevent the public from gaining knowledge of the governments contributions to the AIBC could not have been more clearly indicated. Access to all the relevant information relating to financial contributions and sponsorship was ultimately refused. The commercial interests of the AIBC, and a range of other criteria, were cited for the exemptions.
By definition, the extent of tax payer funding of the AIBC, by the Australian government, remains covert.
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2.4 INDONESIA INSTITUTE, INC

In turn, the AIBC itself is listed on the front page of an organization called the Indonesia Institute, Inc, under the banner Our Sponsors & Other Associations.
The objectives of this organization extend well beyond the facilitation of trade:
Whilst the issue of the AIBCs relationship with an organization, whose mission includes providing a voice for a foreign state, clearly raises its own questions, the founder and President of this body, Ross Taylor, was also the Vice President of the AIBC until October 2011. Perhaps Mr Taylor was providing this voice for Indonesia when he made those potentially damaging comments, and others, about the Schapelle Corby case. To clarify these issues, and request disclosure of any financial contributions, the AIBC was formally approached by a researcher in 2011. The AIBC did not respond, despite repeated attempts, and the collection of email read receipts:
Consideration of whether all members of the AIBC were aware of these matters is beyond the scope of this report. However, what is certain is that Taylors comments created significant distress amongst a number of Schapelle Corbys supporters, particularly as they were made at such a politically sensitive time, and were covered by multiple media channels. Any damage to Schapelle Corbys position in Jakarta is not possible to establish. Despite extensive efforts, including direct correspondence with all parties, and a Freedom of Information request, the real scale of the Australian governments contributions to the AIBC, and potentially, indirectly to the Indonesia Institute, remained hidden, and thus covert.
[Summary]
3. SUMMARY
It is clear from this research that the word lobbyist only reveals a fraction of the collective functionality of these and similar organizations. One of the more visible manifestations of this is with respect to the Australian media. In addition to the examples cited earlier, the Hidden World Research Group uncovered a web of media obtrusions which raise fundamental issues with respect to the national interest. It is sometimes suggested that the long term and intensive programs, involving dozens of individual journalists and editors, across most media channels, blurs the border between education, and indoctrination. The scale of this is such that occasional allegations of media subversion are not without a rational basis. This, however, represents only part of the overall picture. Few sectors of the Australian commercial, industrial, and public establishment, have remained untouched, as illustrated by the diversity of aggregate memberships. A study of those individuals and corporations, that can be shown to have been directly engaged by the groups investigated, suggests a similar scale of influence. Indeed, the suggestion of aggressive promotion of the interests of a foreign state, from within the borders of Australia, is increasingly commonplace, with this being funded, directly or indirectly, by arms of the Australian government itself. SCHAPELLE CORBY With respect to Schapelle Corby, the synergy of interest with the Howard governments political agenda of 2005 was stark. The central involvement of some of these groups, in countering public opinion, and undermining support for Schapelle Corby, is beyond question. Given the funding of the groups by government, it is also beyond question that Australian taxpayers have paid substantial sums, effectively to engage influence and lobbying services in support of a foreign states position against an Australian citizen; a citizen in desperate need. This situation has remained unaltered to this day, with clear and demonstrable examples of hostile engagement against Schapelle Corbys interests continuing.
NOTE: Assessment of the level of awareness of this situation amongst those who contribute and support these groups, and amongst Australian MPs, is beyond the scope of this report.
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End of Section 10
SECTION 11
Examples Of Media Hostility And Propagandistic Output With Respect To Schapelle Corby
CONTENTS
1. Introduction 2. The ABC
2.1 The JournOz Investigation 2.2 The Continuing Agenda 2.3 Complaints
3. The Commercial Media

3.1 Business As Usual 3.2 The Print Media 3.3 Summary
4. The Impact Upon The Australian Public

4.1 Introduction 4.2 Specific Examples
4.2.1 Newspaper Article Comments 4.2.2 Facebook 4.2.3 YouTube
4.3 Summary & Conclusions
[Introduction]
1. INTRODUCTION
From an initial position generally supportive of Schapelle Corby in May 2005, the Australian media quickly reversed course. A myriad of smears and wholly false stories began to appear, and vilification of Schapelle Corby's struggling family became commonplace. However, this was not merely an example of chequebook journalism. It was a sustained agenda, consistently and ruthlessly undermining Schapelle Corby and her family, despite their desperate pleas for help and support. Internet media blog, JournOz, commented upon this as follows: "Neither is it a question of the odd rogue article or broadcast; it has been systematic. We have seen countless examples of unsubstantiated allegations and in some cases outright lies. We have seen wide scale censorship, in the form of hard news stories being completely ignored. For any ethical journalist this is deeply disturbing. The fact that it has continued for so long reflects upon the profession as a whole." The underlying reasons for this position are detailed throughout The Expendable Project, with the influence of government being documented in a number of reports, and in particular, The DFAT Network Report. THE ANATOMY OF OPINION MANAGEMENT In 2008 a research group produced a YouTube video which mapped the crude methods being used:
View video on www.expendable.tv
The transcript from this follows:
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[Introduction]
THE SIX STEPS VIDEO: SCRIPT 1) "Shift focus from the facts, from what people have seen. Stop reporting the show trial, legal abuses and Schapelle Corby's lost human rights". EFFECT: "Reporting bogus, irrelevant stories creates distance between then and now in the public psyche". If you live in Australia, when did you last see any reference in print, or broadcast, to any of this? The answer is, probably, over seven years ago. The systematic abuses of the human rights of an Australian citizen have been almost totally ignored by the mainstream Australian media, since the case first unfolded. Instead, the media have produced countless stories with little or no foundation, a large number of which comprise the type of flimsy gossip, usually reserved for music or movie stars. The reality of the human rights abuses at the trial, and thereafter, were quickly shifted to yesterday's news, where they have remained. A range of techniques were deployed to deflect attention, including subliminal political messaging within adverts [Note: see the video on Expendable.TV]. 2) "Routinely and repeatedly refer to her as 'Convicted drug smuggler Schapelle Corby', giving credibility to the wholly discredited trial". EFFECT: "This connotation invokes powerful negative imagery in the public mind, reenforced consistently by repetition". Given the scale of this, it is not tenable that the national and long term deployment of exactly the same terminology and technique could be anything other than a shared agenda or position. 3) "Invent stories and present doubt, using unattributed innuendo. Use stock phrases such as 'A source claimed', 'It is believed', 'It is alleged' ". EFFECT: "The 'no smoke without fire' card is usually effective. Fill the column inches with smoke, and much of the public will consume it as fact". Creating smear is not a new phenomenon, but its application to Schapelle Corby was unique in many respects, not least because of the underlying political issues and her grave personal circumstance. A range of techniques were applied, often including opinion pieces, and some journalists even engaged in long term projects, manufacturing a whole series of fabricated stories and supporting angles. The staggering volume of such output can be readily established via a Google News archive search.
[Introduction]
4) "Smear her family, constantly present them in a negative manner, ridicule them, and use their desperation to help Schapelle against them". EFFECT: "The 'guilt by association' approach is invariably effective." Schapelle Corby's family were subjected to an unprecedented media assault. Ridicule of the mentally ill Schapelle Corby was even embedded into humour. The purpose of this approach was to undermine the affinity and empathy of the public with Schapelle Corby, by seeking to characterize her family as undeserving of support. It was extremely effective.
5) "Publish outright fabrication. Pay enormous sums of money for ridiculous stories that have so little basis in truth that the police are forced to dismiss them." EFFECT: "More smoke and a more rapid shift of focus from the show trial and the human rights abuses." This approach was ruthlessly adopted. In Australia, dead men cannot sue, and the death of Schapelle Corby's father was timely. The scene was set for a series of stories which had no substance whatsoever, and by applying the main focus on her father, the journalists involved were largely immune from litigation for defamation. [Note: see the Expendable report: 'Primary Sources of Character Assassination'.] In broadcasting, smears were backed up by the crudest of production techniques.
6) "Bury real news, such as the remission refusals, lower sentences for terrorists, human rights abuses, the real severity of her illness, and supportive stories". EFFECT: "Blinding the public from her real life, and the truth, prevents widespread sympathy from developing". The level of news management was unprecedented. Even significant news events, like the Schapelle Corby global protest, were completely withheld. The severity of Schapelle Corby's deteriorating mental condition, the frequent abuses of her human rights (including by the Australian media itself), and her relative maltreatment by authorities in Indonesia, were amongst the aspects which were largely ignored.
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[Introduction]
The validity of these claims is readily confirmed by countless examples. For example, the issue of terminology can be addressed directly via Google (courtesy of JournOz):
RESEARCH & ANALYSIS When describing Schapelle Corby in a textual context, there are countless terms and phrases that could be employed. For example: "Imprisoned Australian, Schapelle Corby" "Wrongly convicted, Schapelle Corby" "Human rights abuse victim, Schapelle Corby" "27 year old Schapelle Corby" Or perhaps plain and simple "Schapelle Corby". The possibilities are endless and, of course, span supportive, damaging and neutral terminology. For a single publication to select the term "Convicted drug smuggler, Schapelle Corby" from all the options available, and then repeat it for years, almost by rote, is more than suspicious. For almost the entire mainstream media of Australia to adopt exactly the same phrase is rather more serious. I recently undertook some research into this aspect using the JournOz archive database. The results were staggering. However, to present this in public via a trusted third party archive database, albeit a much smaller one, I used Google News: A search on the phrase "Convicted drug smuggler, Schapelle Corby" reveals 357 published returns (1,680 without the quotes). A search on "Human rights abuse victim, Schapelle Corby" reveals 0 published returns. A search on "Imprisoned Australian, Schapelle Corby" reveals 2 published returns. A search on "Wrongly convicted, Schapelle Corby" reveals 0 published returns. A search on "27 year old Schapelle Corby" reveals 0 published returns (ditto 28, 29, 30, 31, 32 and 33).
The search terms themselves are simply illustrative, but the actual search results clearly demonstrate the point. This is also just one of a number of analytical approaches I adopted, all of which indicated exactly the same pattern. THE STATISTICAL IMPLICATIONS A key aspect here is to look at the wide range of Australian media organs using precisely the same, starkly accusing phrase: Melbourne Herald Sun, News.com.au, Sydney Morning Herald, ABC Regional Online, The Australian, Radio Australia, The Age, The West Australian, Livenews.com.au, Cairns Post - this list just goes on and on. Are we to believe that they all chose to routinely use the exact same phrase ["Convicted drug smuggler, Schapelle Corby"], with its hugely harmful and negative connotations, by a coincidence of monumental proportions? Statistically, this is no coincidence; it is outside the parameters of random chance. And again it surely raises questions regarding the agenda adherence and orchestration frequently suggested by analysts.
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[Introduction]
This report considers a number of these aspects, through the examination of a selection of the countless examples available. It considers the role of the states own broadcasting organ, the ABC, the delivery of output through a number of commercial broadcasters, and the disturbing impact of this sustained agenda upon the Australian public.
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[The ABC]
2. THE ABC
The ABC has been central to the management of public opinion in Australia throughout the case. Such has been the intensity of its campaign, that in 2009, four parts of a preliminary investigation into its conduct were published on the JournOz log. These are reproduced below in their entirety.
2.1 THE JOURNOZ INVESTIGATION

The JournOz ABC Investigation appeared in four instalments:
JOURNOZ PART ONE
In an ordered world, one might imagine that a state owned broadcasting corporation may uphold a higher level of reporting ethos and journalism with respect to the Schapelle Corby case than some of the other media organizations. Equally, its position within the structural fabric of Australian society might lead one to believe that the corporation would be sensitive to the need to ensure balance and transparency with respect to stories with complex political and social implications. However, not only is this demonstrably not the case, but due to its consistent and long term adherence to an extremely controversial government position, it is also at risk of being perceived as an organ of state by increasing numbers. This apparent lack of independence clearly has some potential to embarrass both the ABC and the Australian government internationally. It could also fuel increasing distrust from the general public if and when the detailed pattern of events becomes more widely known.
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[The ABC]
THE STORY The main chapters of this part of the story began to unfold when AFP Commissioner Keelty, backed up by the 'Minister for Justice and Customs', Ellison, made a number of public utterances which can only have been damaging to the welfare of Schapelle Corby, and simultaneously music to the ears of an Indonesian regime and judicial system, which will no doubt have been delighted to interpret them as a "do as you want with her" signal. Signal is a word of choice here, because indications of position do not require formal, contractual or explicit words. Certainly the President of Law Council of Australia received the signal clearly enough, stating that "It is potentially damaging to the Corby defence, as it will no doubt be transmitted to Bali". Schapelle Corby's lawyer also received it, calling it "an absolute disgrace". The same signal will have been received all too clearly by the Indonesians. The question of why those parties were actually making such startling, and hugely damaging, comments regarding Schapelle Corby, one of their own citizens, is outside the scope of this project. The most commonly suggested reason however is that the government was desperate to protect its strategic relationship with Indonesia, and the Corby case was causing significant issues stemming from public opinion. In terms of international politics there is no doubt at all that the relationship with Indonesia was, and is, far more important to them than Schapelle Corby's interests or human rights. As was the need to hide the post 9/11 scale of domestic airport criminality from the United States government. Of course, words expressed through government, or state agencies, also send signals to those within its own national borders. In this case, signals are received by both the population and the media, and in the case of the latter, by everyone from journalists and editors, to proprietors. Note also that with respect to the ABC and the media, a number of private channels of communication are also available. The script which followed this crude intervention is visible to all. The very existence of this investigative project is a direct result of what occurred in the subsequent months and years. The ABC was as enthusiastically loyal to the message apparently supplied by government as any other mainstream player. Indeed, the ABC was actually responsible for some of the most damaging of the false allegations and proven smears. EXPOSING THE SCRIPT Against this political landscape some of the ABC's, and Australia's, most popular news and documentary productions were pitching high profile broadcasts against Schapelle Corby's interests, and those of her family. The broadcasts were clearly having a major impact upon public perception of the case. A range of specific examples of these false allegations, proven smears, and patent censorship of positive or supportive Schapelle Corby news will be exposed by our forthcoming series of articles on the ABC, as will details of our research into the activities of particular journalists and employees. Note that similar JournOz initiatives are also underway with respect to the other Australian mainstream media organs involved.
[The ABC]
ABC CENSORSHIP: EXAMPLE CASE 1

Because it is topical and timely, our first port of call has to be censorship, and the most recent example of this to unfold: the global protest in support of Schapelle Corby. This was in fact an historical event, from a number of perspectives: 1. It was the first ever global protest in support of an Australian in the entire history of the nation. 2. The accompanying video had been described as "ground breaking" and "landmark" by European critics. 3. It was the first "cyber-driven" protest to end at the United Nations in the history of the world, as far as we have been able to establish. 4. And yes, it was actually delivered to the United Nations in New York by indie-pop singer Tara Hack. Now, even a schoolboy journalist can see the possibilities here for all sorts of compelling stories. There are simply so many winning cards in play from a journalist's point of view: an historical event both in national and international terms, innovative arts and music, politics, internet/technology, people friendly images and photographs, a household name (Schapelle Corby), a well known location, a singer... it just keeps getting better and better. The story practically writes itself in a multitude of ways, and would clearly stimulate public interest. Yet the ABC didn't cover it at all, and nor did any other mainstream organ.
Before we look further at the ABC though, we should view the video which was produced prior to the emergence of the United Nations development:
View Video 61 on the Expendable CD or visit www.expendable.tv
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[The ABC]
That video was made before the UN news broke. When that news actually broke, therefore, JournOz decided to perform an experiment courtesy of the ABC itself. I had received an email from a leading Schapelle Corby advocate stating that there was about to be a significant development and that it would be censored by the media. I therefore decided to intervene myself, and test the ABC directly and specifically. The PR for the protest, and the story, were sent to every contact I could find within ABC News, including use of forms provided specifically to notify the corporation of scoops and news tips. They were notified within a couple of hours of the UN press release being posted. They had the news when it was red hot, and they were sent it again on subsequent days. To make it even easier for them, they were even sent photographs and video footage of Tara Hack actually at the UN.
CONTEXT Let's put this into wider context too. Clearly, the above is a significant newsworthy story even by instinct. But also take a look at the ABC's major news reports and broadcasts, and as a journalist, compare this story with each of those which are actually presented on air or online. It becomes rather obvious very quickly: relatively speaking the Schapelle Corby UN Protest story is far more newsworthy than a great deal of their actual content. But despite having it on a plate, they didn't use it. In fact they didn't even refer to it at all. ABC viewers and website visitors have no idea that any of this ever happened. Now, cast your mind back to previous Schapelle Corby stories which have been broadcast by the ABC: to the tenuous links to any form of real news, to the allegations made in them, and even to the ABC having to apologize on air for presenting baseless allegations as fact! But here we have an actual and real story of substance, and it is buried: it is not even referenced as a footnote. Not by ABC and not by any of the other mainstream news organizations. I find it increasingly difficult to disagree with Mr Rumpole, don't you?
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[The ABC]
JOURNOZ PART TWO

For a more profound understanding of media influence upon public opinion, it is beneficial to examine the generic models and methods employed across the world, both current and past. This area of research identifies a range of scenarios, with scale varying from selective and superficial influence, to unrelenting social psychological propaganda. Within this, the role of the official state-owned media organ is often pivotal, both in terms of shaping opinion, and indeed orchestrating the process itself. Whilst this is particularly evident with respect to totalitarian regimes (such as those in North Korea, Iran and even the old Soviet Union) it is important to understand that it is in fact inherent to most nations, to some extent. Equally, whilst the degree and scope may vary considerably, examination of the actual processes used identifies remarkable similarities of approach. The processes themselves embrace a far wider and more complex model than just crude manipulation of news delivery. They include direct intrusion into cultural output, as well as often less than subtle guidance of commercial media outlets.
This broad model is widely recognized, widely used, and extremely successful in framing and directing public opinion. It is actively used in varying degrees across the world, albeit generally with respect to a limited range of focus.
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[The ABC]
AUSTRALIA In Part 1 of this investigation we discussed the ABC's remarkable alignment with apparent government position following the astonishing government backed statements made by AFP Commissioner Keelty, which sent such damaging signals (for Schapelle Corby) to the Indonesian regime in May 2005. We also provided a recent example of the apparent repression of news which is supportive of Schapelle Corby, to illustrate that these issues remain current to this day. In this part of our investigation we will begin to explore a wider canopy of ABC influence, and by virtue of specific examples, consider how closely it fits the three part model described above.
PART 1: MANAGEMENT OF THE MEDIA

Within regimes such as those referenced above, management of other media outlets tends to be a particularly important aspect of the overall role of the state media organ. Direct behind the scenes communication by government is often backed up by the broadcast and publication of material critical of them, which is intended to keep them in line, and perhaps warn them that the state disapproves of their output, or simply indicate that they are out of sync with perceived national interests. AUSTRALIA In Australia, the ABC broadcasts Media Watch. This "investigates" and comments on the material and broadcasts of all media channels and publications. Naturally, it is extremely influential within the media sector itself, and attracts a very media centric audience.
In May 2005 the Australian public witnessed a number of abuses of Schapelle Corby's legal and human rights directly on television. Public opinion was overwhelmingly supportive of her and even public disorder was a possibility. Much of the media reflected this situation, reporting the actual events. Their output was also aligned with public opinion. The publics support of Schapelle Corby was overwhelming, and it was putting the Australian government's strategic relationship with Indonesia at risk of considerable and possibly long term damage. It was potentially creating political instability between the two nations. This is frequently cited as the reason for the astonishing government backed statements we have referenced, which significantly harmed Schapelle Corby's prospects.
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[The ABC]
THE ABC On 30th May 2005 (within days of Keelty's statement), the ABC launched a series of extraordinary attacks upon Channel 9 in particular, via Media Watch. In fact, almost the entire show was dedicated to this. Its ferocity and sustained nature was astonishing:

It accused the other media of 'feeding xenophobia' against Indonesia: "The media who fed this undercurrent of xenophobia should hang their heads in shame". It accused Channel 9 of having been 'bought', using the painfully obvious old trick of quoting anonymous "insiders": "ACA and 60 Minutes have deliberately steered away from any anti Corby stories They don't want to do anything that will blow their access ...it's embarrassing". It defended the Indonesian regime which breached Ms Corby's human rights: "Even Ch 9's prestigious 'Sunday' programme followed the station line, and included this swipe at the Indonesian legal system". In an article headed "Responsible or Responsive" it also bizarrely tried to accuse journalists of not being hostile to Schapelle Corby because public opinion supported her, whilst at the same time accusing the media of shaping that public opinion! The irony of this contradictory line is also not lost on us.
Radio wasn't immune from the onslaught either. Media Watch vehemently attacked Radio 2GB for simply pointing out that "the judges she addressed yesterday don't speak English and won't get a translation of her comments until today. What's that say about justice?" The open message to the rest of the Australian media from the ABC, regarding requisite Schapelle Corby reporting, would therefore appear to be rather clear.
PART 2: CULTURAL OUTPUT INTRUSION

The use of non-news broadcasts to condition and influence a population is an established channel within the overall framework of opinion management. It can be extremely effective, particularly over the medium and longer terms. This channel is often used to create a common 'understanding' of values, and generic or subliminal acceptance of key messages, which for various reasons, including sensitivity, cannot be stated openly via direct news or documentary output. It is a hugely complex field, often embracing great subtlety, but it is also widely recognized, and indeed documented, by students of propaganda and related media studies. An example of a discipline within this channel is the use of humour or comedy. This lends itself particularly well to certain aspects, such as expanding the parameters and boundaries of political correctness or acceptability, and the insidious undermining of targeted individuals often via insinuation.
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[The ABC]
AUSTRALIA It is a matter of record that the ABC's non-news broadcasts were awash with less than helpful references to Schapelle Corby and her family at various stages of the tragic story. This is particularly the case with respect to "comedy". This is, in fact, evident even to this very day. Take the following, for example, extracted just five minutes ago from the ABC website:
This is far from subtle, but let's analyse it regardless. Bush and Howard are clearly individuals for whom it is "politically correct" to target humour of the most cutting and perhaps edgy type. They were national leaders, politically hardened, and the subject of countless barbs and jokes worldwide. They effectively signed on for this, with eyes open, when they entered politics. But Schapelle Corby? A young woman, subjected to a series of legal and human rights abuses, and struggling daily just to survive in barely imaginable conditions? Why would the ABC place her image there, other than to signal that it is somehow politically correct and socially acceptable to malign her and her family with the same brand of humour as Bush and Howard? Some might even suggest that Bush and Howard are largely discredited (and even depicted as "bad guys"), with similar connotations signalled for Schapelle Corby by association. It is extremely hard to find any sort of justification or rationale for this crude example of image placement which does not involve the play of negative influence on the public at large. But it is actually the tip of a very large and disturbing iceberg.
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[The ABC]
PART 3: NEWS MANAGEMENT

The news and documentary channels of state media organs are, of course, prime vehicles for propaganda and opinion management by regimes throughout the world. The output can range from simple political spin, to sophisticated censorship and message delivery manipulation. With respect to those individual citizens targeted by states in order to support an underlying political imperative, additional possibilities emerge, which embrace insidious and direct character assassination, false allegation, and relative news positioning. AUSTRALIA The ABC's news related output with respect to Schapelle Corby is a matter of record. They have pitched a variety of high profile broadcasts against Schapelle Corby's interests, and those of her family, engaging in some of the most damaging of the false allegations and smears. This has been presented on a systematic basis, over a period of years. To illustrate that this campaign is still current, in the first part of this series we cited a recent example of apparent censorship. But their long term coverage and non-coverage of Schapelle Corby news is actually littered with serious issues and hugely damaging innuendo. Certain employees of the ABC seem to have excelled in this type of grossly unethical activity. A simple illustrative example of such an ABC smear? Perhaps that of August 2008, when ABC produced a headline report "Corby's dad linked to drug trade", courtesy of its Lateline broadcast. It presented smear after smear, via scurrilous statements such as "Together, the father Michael Corby senior and his daughter Schapelle Corby represent 30 years in the marijuana business" and "his long drug career, Michael Corby senior avoided going to jail". Clearly, the significant damage which this caused was not just at point and time of the broadcast itself, but was ongoing, as the seeds had been sown. The subsequent tiny apology on their website ("Lateline apologises for a story aired last month with evidence suggesting that Schapelle Corby's father, the Late Michael Corby Senior was involved in the drug trade.") and a 20 second snippet on air doesn't even begin to repair the harm inflicted to Schapelle Corby's welfare, which this and countless others across the media spectrum have contributed to.
I am sure that all ethical journalists will be appalled by this, especially bearing in mind the high profile nature of the original broadcast, and the fact that the ABC will surely have been well aware of the damaging nature of such smears for the very real prospects of Ms Corby. Unsubstantiated innuendo of a similar nature had been made many times previously, and even, incredibly, whilst Schapelle Corby was in legal process with respect to her appeal. Again, these are matters we will cover in greater depth in future articles, but in truth they are readily available for readers to research for themselves.
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[The ABC]
AND THE THREE PART MODEL?

Our own opinion on the degree of alignment and correlation of all this with the three part opinion management model cited at the start of this article is not material: the information produced above largely speaks for itself. However, the underlying issues discussed should concern everyone: not only ethical journalists. As grave and unacceptable as they are with respect to Schapelle Corby, the implications are actually even wider. If the ABC is as intrinsic to the state apparatus as the above data suggests, then what other issues are they influencing?
JOURNOZ PART THREE

I have received a number of emails recently suggesting that I should investigate the ABC Board. I fully intend to look at this area in due course, but in the meantime I had a quick scratch of the surface. Readers will recall that part 2 of our investigation cited the astonishing ABC Media Watch broadcast of 30th May 2005. This was a ferocious and sustained attack on other media organs, whilst defending the Indonesian regime which had so seriously breached Ms Corby's human rights. It appeared to be a very clear and open message to the Australian media regarding the requisite nature of future Schapelle Corby reporting. Straight out of the blocks was a journalist called Janet Albrechtsen, who two days later, produced a shocking piece in The Australian newspaper laced with open hostility to Schapelle Corby, and defending the Indonesian regime, astonishingly referring to "defensible positions taken by democratic governments to deal with perceived problems". Accusing many Australians of "overdosing on compassion", her position could not have been more stark. The Australian newspaper is a News Corporation publication. With their significant investments and presence in Indonesia, this is perhaps the sort of disturbing story which might be expected to align with News Corp's general editorial stance on this issue.
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[The ABC]
But wait, Janet Albrechtsen? Yes, the same Janet Albrechtsen who had been appointed to the governing board of the ABC by Prime Minister John Howard shortly before Schapelle Corby's imprisonment. You might wish to read that last sentence again. You did read it correctly.
STRATEGIC RELATIONSHIPS TRUMP HUMAN RIGHTS Amongst the general vitriol, Ms Albrechtsen did produce one noteworthy remark: "it may damage Australia's relationship with Indonesia". That relationship was indeed under severe threat. This insight into the ABC's thinking, at Board level, is extremely interesting. As referenced in part 1 of our investigation the Australian government values that relationship higher than Schapelle Corby's human rights, with the apparent ABC led media campaign in support of this policy emerging simultaneously. Ms Albrechtsen's comment demonstrates clear knowledge of the political dimension in play. Having been appointed by the government, this is perhaps not surprising. But dropping a direct reference like that amongst the general hostility to Schapelle Corby certainly is surprising, as it illustrates openly what was going through her mind at the very point in time at which the hostile media campaign actually began to unfold in earnest.
JOURNOZ PART FOUR

Parts 1 and 2 of this investigative series explored key political drivers, and the framework for the opinion management process as a whole. These were illustrated and evidenced with clear unambiguous supportive examples. Part 3 revealed the mindset of the ABC Board, with apparent desire to preserve the relationship with Indonesia at the expense of Schapelle Corby's welfare. In Part 4 we will begin to investigate events at a more operational level. For our first foray into our database we will focus on what appears to pass for acceptable journalistic practice and behaviour within the ABC.
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[The ABC]
1. ABUSIVE AND AGGRESSIVE INTERVIEWING Ethical journalists are well aware of the requirement for respect, objectivity and fairness when interviewing members of the public. Indeed, the AJA Code of Ethics covers this through a number of its clauses, amongst them "Use fair, responsible and honest means to obtain material", "Never exploit a persons vulnerability or ignorance of media practice" and "Respect private grief and personal privacy". But consider how the ABC interview members of the public. Consider for example how they interviewed Mercedes Corby, in the context of her struggling to support her sister Schapelle, during her terrible ordeal. We recently discovered a recording of one such interview. Here are some extracts: Play Or Download The MP3 (See Expendable: The Movie)
[Note: These are short extracts. Much of the interview is extremely unpleasant and not suitable for a public website]
Mercedes Corby in fact did very well indeed, given the sort of journalist she was confronted with. The bigger issue though is what this open hostility clearly indicates regarding the ABC's position with respect to Schapelle Corby. Consider those words and listen to the tone in his voice. Is that the voice of someone adopting a neutral, objective, and truth seeking journalistic perspective? Or is it the voice of someone who has a clearly entrenched hostile position, annoyed that a young woman is standing up for herself and her family? Is it the voice of true objectivity, or the voice of subjective bias? Is it the voice of someone you would trust to report neutrally and fairly on this issue? Indeed. I think the same thing too. 2. UNETHICAL RESEARCH & INVESTIGATION If you were pursuing the father of Schapelle Corby instead of investigating the real case issues, how would you research him? Perhaps you would use the internet to search for background information. Or perhaps, because Mr Corby served in the Navy, you would post a question on a naval message board, stating clearly that you were really working on an historical naval piece, and not on Schapelle Corby at all. No, you wouldn't really do that, and neither would I.
[The ABC]
But I'm afraid it appears that the ABC would:
Words escape me.
3. THE DELIVERY OF A SMEAR So, after months of investigation, and after apparently using every dirty and unethical trick in the book, what did the ABC actually discover? They discovered that Mr Corby once smoked a joint at a party. No, seriously, that is what they established: Schapelle's father once smoked a joint at a party. But what they actually reported wasn't this at all. What they reported was absolutely appalling. The fruits of their labour were embellished to make a series of false but hugely damaging allegations, and state them as fact. Subsequently, they were forced to apologise:
For the ABC, that ridiculously lame apology, and a note tucked away on their website, the matter was closed. For Schapelle Corby and her hopes that Australian support would bring her home, it was devastating.
[The ABC]
A MEMO TO MR STEWART Allow me to help you with your story Mr Stewart. This is how an investigative journalist would handle it. He would actually ask the police, officially. Here is what the police had to say, for example, when they were asked if you had contacted them: "I can advise that QPS has not spoken with any journalist from 7:30 Report". Here is what they have had to say on some similar fiction to your own: "We have found no links, nothing at all..." For the record, they even used the word "laughable" in that particular interview. But more still: they are clearly sick of people creating smoke to give the public the impression of fire. They have even issued a certificate to make it plain:
That took me five minutes to find. Why didn't you find it, Mr Stewart? Or did you? THE ABC'S ETHOS The disturbing methods detailed in this article are apparently endorsed by the ABC, at least with respect to Schapelle Corby related stories. They make every honest and ethical journalist shudder, but the ABC would appear to be perfectly happy with them. In fact only recently they told us that John Stewart was "a good, honest and ethical journalist". Apparently, he had only "made errors in the way he described certain things". Ah, got it. That's ok then. Thanks for clearing it up for us!
FOOTNOTE Michael Corby lost his battle with cancer in January 2008, and Schapelle Corby continues to suffer in her Indonesian prison cell. Much of the Australian public have accepted what the ABC told them as truth, and have had their opinions shaped accordingly.
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[The ABC]
2.2 THE CONTINUING AGENDA

Whilst the JournOz report provides an insight into the position of the ABC, in itself it does not reveal its sheer volume or enduring persistence. The following extracts, from an internet newsletter, reflect an example of ABC reporting some six years after Schapelle Corby's arrest, whilst her clemency appeal was actually being considered. Their story was syndicated in Indonesia itself the following day, during this pivotal period:
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[The ABC]
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[The ABC]
2.3 COMPLAINTS
Over the years, many complaints have been lodged with the ABC with respect to their agenda regarding Schapelle Corby. The following are typical dismissive responses:
Despite the volume and frequency of such complaints, the unremitting hostile nature of the ABCs output with respect to Schapelle Corby has continued unabated to this day
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[The Commercial Media]
3. THE COMMERCIAL MEDIA

3.1 BUSINESS AS USUAL
The hostile broadcasts of the ABC were just the tip of a very large iceberg. Much of the fiction printed, and many of the falsehoods broadcast, by the wider media, have been deeply disturbing. The most callous of incidents have been regular features. They have included, for example, the promise of new evidence to lure Mercedes Corby into media situations, the use of bogus and doctored photographs to show that Schapelle Corby dines out in restaurants, as well as substantial payments to criminals and other individuals to make outrageous claims and false allegations.
Just Another Dirty Trick
Example of the Unremitting Background Ridicule
Even when diagnosed as mentally ill, with severe psychosis creating the illusion that cameras were hidden in ceilings, and in the eyes of her teddy bear, Schapelle Corby herself was pursued. In one such case, a Channel Nine cameraman and reporter intruded into her prison cell. She ran, terrified, into a toilet block. This particular incident caused acute distress to Schapelle Corby and significantly added to her torment. It was documented by support groups at the time as follows:
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This sort of intrusion, however, was a regular occurrence:
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In this particular case, the intrusion was used to deliver yet another story, again striking at the heart of her clemency appeal, again using propaganda generated by the prison itself.
Despite multiple complaints to the government's broadcasting quango, the Australian Communications and Media Authority (ACMA), no action was ever taken to curtail or prevent these clear and documented abuses. Sometimes, the output from different channels complimented each other. Woman's Day magazine, for example, published a string of hostile stories, such as the following:
This magazine is ultimately owned by CVC Asia Pacific, which also owns Channel 9. In November 2010 both the magazine and the broadcaster were at the heart of an incident which became known as the sound bite affair. The sound bite technique is a hugely controversial tool of propaganda, and has frequently been employed to promote key messages regarding Schapelle Corby. In this example, Channel 9 broadcast the following advert for Woman's Day SEE VIDEO ON EXPENDABLE.TV This created the entirely false impression that Schapelle Corby didnt want to return home. With Schapelle Corby desperately seeking to return to a hospital in Australia, and her clemency appeal at a critical stage, this crude intervention undoubtedly undermined public concern for Schapelle Corby. Indeed, it has been alleged that it was broadcast to condition the public for a negative clemency appeal outcome. Channel 9's damaging output extended well beyond news management. In 2008, for example, they produced a re-cut of an earlier documentary, Ganja Queen. The title, Schapelle Corby - The Hidden Truth, was the epitome of irony. This was an openly propagandistic re-hash, leading public opinion sharply against Schapelle Corby and her family, in the most obvious and blatantly propagandistic manner.
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Other broadcasting channels were also extremely active in producing similar hostile material. For example, Channel Sevens Today Tonight program constructed a series of broadcasts which seriously undermined both Schapelle Corby and her family. Yet again, they comprised of the most blatant fabrications. In this case, they paid a third party $100,000 for what were subsequently shown to be to a pack of lies.
Seven Network settles Mercedes Corby defamation case

A NSW Supreme Court jury yesterday found three Today Tonight programs and one news bulletin, broadcast in February last year, had defamed Ms Corby, the 33-year-old sister of convicted drug smuggler Schapelle Corby. The programs centred on interviews with 35-year-old Jodie Power, a one-time Corby family friend. The Today Tonight programs were found to have conveyed defamatory meanings, including that Ms Corby was a drug smuggler, a drug dealer and posed a threat to the safety of Ms Power. . Seven's legal costs in the five-week-long case would have been considerable. It had already paid Ms Power $100,000 for the interviews and also gave the mother-of-two boys two all-expenses paid overseas holidays.
http://www.news.com.au/top-stories/seven-settles-corby-defamation-case/story-e6frfkp9-1111116486765
Latterly, Schapelle Corby's serious illness has become a regular source of perverse entertainment, frequently presented for public amusement (video courtesy of The Elephant Channel):
Ridicule of Schapelle Corby's Mental Illness
View Videos 43 and 44 on the Expendable CD or visit www.expendable.tv
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3.2 THE PRINT MEDIA

Two Expendable Reports have covered this topic in some depth. These are: The DFAT Network Report, which reveals a long term program of government funded media influence The Primary Smear Report, which exposes the primary sources of the main fabrications used to discredit Schapelle Corby and her family. However, the number of Australian journalists engaging in hostile reporting against Schapelle Corby is substantial. The countless examples of innuendo, smears and outright lies, are still there to be seen, via internet archives. The sheer scale of this suggests not only an agenda, but culturally related social assumptions, prejudice and orchestration. Clearly, these are not tendencies which should afflict the open enquiring mind of a journalist, but the evidence speaks for itself. Despite many of the reports having been blatantly constructed and propagandistic, none of the individuals responsible have ever been called to account. This again suggests endorsement by the editorial functions of the respective publications. RANDOM EXAMPLES The following are just a small selection of the many examples which have been documented by media analyst Arthur Lebrock. They do, however, provide a cross section of the different approaches used to undermine support and sympathy for Schapelle Corby.
Steve Pennells
HEADLINE: From drug courier to devoted husband, a jailhouse fairytale Steve Pennells Sydney Morning Herald: 29 May 2011
http://www.smh.com.au/world/from-drug-courier-to-devoted-husband-a-jailhouse-fairytale-20110528-1f9e0.html
An hour into visiting time the jail's most famous inmate, Schapelle Corby, is sitting cross-legged on the ground, cuddling and kissing her Indonesian boyfriend, a former prisoner she met inside
COMMENT: The truth is that Schapelle Corby is seriously ill, doesn't kiss anyone, and doesn't have a 'boyfriend' as commonly understood. She cuddles everyone, desperately seeking human comfort. Yet even that is distorted and misrepresented. At a key stage of the clemency appeal, Pennells continued with more helpful commentary the following week, by implying that Schapelle Corbys supporters were racist. [Note also this journalists previous role, as documented in The Insider Report].
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Greg Stolz
HEADLINE: Corby's book cash blow Herald Sun: June 26, 2007
http://www.heraldsun.com.au/news/national/corbys-book-cash-blow/story-e6frf7l6-1111113827680
Convicted drug smuggler, Schapelle Corby
COMMENT: The stock, almost universal, media phrase, to imply guilt, and endorse a trial which systematically breached Schapelle Corbys legal and human rights.
Robyn Wuth
HEADLINE: Nobody cares, Schapelle Gold Coast: 27 May 2011
http://www.goldcoast.com.au/article/2011/05/27/318625_gold-coast-news.html
And now, we have the delicious "Schapelle pregnant?" Can I ask, who the hell cares? Schapelle's new lawyer, former Gold Coast figure and she of the eternally bleeding heart Kerry SmithDouglas, insists something must be done to save Schapelle. Actually, she hasn't served her time. She's not even half way yet at six years, 14 to go, less for good behaviour, feigning religion and reading to puppies. Here's one I'd like to read. Drug couriers starved of attention left to serve their sentence. It'll never happen. See ya in 14 years, Schapelle.
COMMENT: Does it actually come any more repugnant, spiteful and callous than this?
Keith Moor
HEADLINE: Notorious offenders Schapelle Corby and Roberta Williams get short shrift Herald Sun: January 26, 2010 12:00AM
http://www.heraldsun.com.au/news/special-reports/notorious-offenders-schapelle-corby-and-roberta-williams-get-short-shrift/story-fn4ut938-1225823409135
"VICTORIANS don't have much time for convicted drug dealers Schapelle Corby and Roberta Williams." "Our survey found that 73 per cent of Victorians think Corby was guilty." "But their literary efforts haven't persuaded Victorians that the pair wrote honestly of their past"
COMMENT: A wholly manufactured association of Schapelle Corby with criminality. Was there even a survey at all, or was it just a collection of Moor's equally objective colleagues? This was clear propaganda created for a purpose. [Note Moors previous record, and his association with AFP Commissioner Michael Keelty as documented in the Expendable Case Exhibit Library].
Eamonn Duff
HEADLINE: New York songbird's lament for Schapelle The Age: November 30, 2008
http://www.theage.com.au/technology/technology-news/new-york-songbirds-lament-for-schapelle-20090616-cd95.html#ixzz1Nr4CWC1L
COMMENT: The stock, almost universal, media phrase, to imply guilt, and endorse a trial which systematically breached Schapelle Corbys legal and human rights. [Note Duffs previous contributions, as documented in The Primary Smear Report.]
Madonna King
HEADLINE: Schapelle Corby not the only Aussie languishing in foreign jail Courier-Mail: August 29, 2009
http://www.couriermail.com.au/news/opinion/schapelle-corby-not-the-only-aussie-languishing-in-foreign-jail/story-e6frerhf-1225767171455
"There are a lot of others in the same boat" "Corby tried to take more than 4kg of marijuana into Bali"
COMMENT: This crude diluter of public sympathy was published just days after Schapelle Corby was diagnosed as suffering a serious mental illness by one of Australia's most eminent psychiatrists. And, she was indeed "the only Aussie" in such a perilous state. The same piece even made negative and false allegations regarding the psychiatrist himself. The ill informed allegation of guilt, blatantly stated as fact, aligns perfectly with Kings other contributions. Section 11 Page 3 - 7
Naomi Toy
Headline: Misplaced sympathy for Corby is crazy The Daily Telegraph: August 26, 2009
http://www.news.com.au/opinion/misplaced-sympathy-for-corby-is-crazy/story-e6frfs99-1225766197496#ixzz1PHtcqypb
But it's different with Schapelle. The beautician from Brissie who is a bit sad, a bit mad, a bit innocent and, perhaps most importantly, a bit pretty, is a different case. The "Bring Schapelle Home" campaign seems to rest solely on the idea that she's a damsel in distress who needs rescuing. I would rather see the Government focus its efforts on having their lives spared than pander to more stunts by a desperate family.
COMMENT: Just days after Schapelle Corby was diagnosed as at grave risk by one of Australias most eminent psychiatrists, Toy further diluted public sympathy with this blatant and crude misrepresentation. The utter disregard and indifference for both the facts of the situation, and the tragedy of the human suffering, could hardly be clearer.
Geoff Thompson
HEADLINE: Corby may serve 9 more years before transfer ABC: March 3, 2008
http://www.abc.net.au/news/stories/2008/03/03/2178774.htm
COMMENT: The stock, almost universal, media phrase, to imply guilt, and endorse a trial which systematically breached Schapelle Corbys legal and human rights.
Matt Brown
HEADLINE: Australian's Bali drug smuggling trial begins ABC: Dec 10 2010
http://www.abc.net.au/news/stories/2010/12/20/3097886.htm
COMMENT: The stock, almost universal, media phrase, to imply guilt, and endorse a trial which systematically breached Schapelle Corbys legal and human rights. [Note some of Browns other contributions, which are documented elsewhere in The Expendable Project.]
Derryn Hinch
HEADLINE: What makes Corby so special? 3AW: 25 August, 25, 2009
http://www.3aw.com.au/blogs/blog-with-derryn-hinch/what-makes-corby-so-special/20090825-exv9.html?page=0
"And through it all, even though caught red-handed, Corby has never said 'I did it'. I'd love to ignore it all today but the 'bring Corby home' campaign is off and running again. The Corby family hired a Melbourne psychiatrist..." Mitchell and Phillips peppered their interview today with emotive lines "If they're depressed should we campaign to free them too?"
COMMENT: Hinchs complete ignorance of the facts, whether genuine, or contrived for his long term hostility, is never far from the surface. Here, he simply dismisses one of the nations top psychiatrists, sneeringly referring to Schapelle Corbys serious psychosis as depression, as he again dilutes public sympathy.
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3.3 SUMMARY
JournOz further commented on the situation as follows: "The name of Australian journalism is dragged through the gutter and the profession of journalism is justifiably castigated all too often. But why? Generally, because some people who call themselves journalists throw ethics and integrity out of the window without even a passing thought for the implications; sometimes even when those implications include a significant contribution to human suffering. This is particularly moot with respect to the Schapelle Corby case. Worse still, in this case, it has happened over a prolonged period of years." Whilst Civil Liberties Australia published the following: "The real story is how a young powerless woman is being imprisoned for a crime that she probably had nothing to do with. But the Australian media have become her persecutor"
Despite such complaints, the situation has remained unchanged to the present day.
Further information on the commercial media: The DFAT Network Report The Primary Source Report The Expendable Documentary The Prison Abuse Report
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[Impact Upon The Australian Public]
4. PUBLIC IMPACT
4.1. INTRODUCTION
The exceptional intensity of the opinion management regime, and the scale of propagandistic output from the Australian media, ensured that it was extremely effective in controlling the direction of public perception, and stemming support for Schapelle Corby. The channels deployed and the methods used were unprecedented in the case of a single individual, and alarmed a significant number of third party observers. The effects of these broadcasts and publications upon the Australian public followed a fairly standard pattern in terms of timescale. This has been referred to as the 'Titanic' response, largely because opinion lags behind the onset of the change of direction. Nonetheless, within weeks, significant changes were evident, which are a simple matter to identify from closely researching archived internet forums, newspaper blogs, and other captured interactive public media records. But there was also a significant side effect, in the form of an unforeseen tangential consequence of such rapid application of the counter message. It pushed large sections of society beyond rationality and into a state of extreme hostility towards the subject, who was already a serious victim of cultural and social structures. With respect to the 'Titanic' analogy, this reaction aligns with the uncontrolled waves created by the stem of the ship violently turning. The general tendency of the rapid application of propaganda often manifests itself in relatively subtle terms, but in extreme cases, such as with respect to Schapelle Corby, it is wholly transparent, and the links to the source cause are clearly exposed. The individuals influenced in this manner tend to reflect standard representations of the opinion consumer, that is, those with low intelligence quota, those pre-disposed to hatred, and those with deep rooted psychological issues. A distinct aspect of the Schapelle Corby case, however, is both the unusually large number of those engaged, and the apparent social profile of some of those engaged. This combination created what is still today a particularly repugnant global spectacle, and representation of Australia, on the internet.
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4.2 SPECIFIC EXAMPLES

Whilst an unending number of examples of this are easily viewable online, the following provide an idea of the level of hostility and hatred commonly and openly displayed. It is worthy of note that many of the comments we identified were grossly obscene, and not suitable for inclusion. 4.2.1 NEWSPAPER ARTICLE COMMENTS Newspapers and magazines do control what is posted on their websites. Every comment posted is pro-actively endorsed for publication, by editorial staff. Given the nature of the content with respect to Schapelle Corby, most observers would regard this in itself to be a matter of significant concern. This is particularly the case, as posters of supportive comments, vociferously complained elsewhere that theirs did not appear. The term comment propaganda has subsequently emerged to describe this phenomenon. The following examples were randomly picked from a couple of stories which appeared in national publications. The stories they respond to covered aspects of Schapelle Corby's serious mental illness, the second reporting her reversion to a childlike state, wearing pigtails and clutching a doll. This cruel human tragedy provided the following responses:
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These were repeated countless times within those articles, and across all syndicated versions. They demonstrate not only a complete ignorance of the facts of the Schapelle Corby case, which is perhaps understandable, but a level of malice and malevolence which is extremely disturbing. The fervour of its delivery directly reflects the intensity of the propaganda which created it. The cause/effect link could hardly be more visible. As repugnant as those comments are, they have been repeated continuously across almost every newspaper story during the course of Schapelle Corby's imprisonment, with no abatement whatsoever despite her clearly deteriorating condition.
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4.2.2 FACEBOOK The use of Facebook as a cohesive social network presents an opportunity for the creation and development of communities of like-minded people. The consistent flow of hostile media coverage quickly embedded cohesion within the public psyche with respect to Schapelle Corby, at least with respect to the more unsavoury elements of society. This was sufficient for structured groups to emerge to pro-actively promote the malevolence. The following are snapshots from a couple of groups, from the many which emerged:
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The requisite mentality to join such a group, let alone create one, could only manifest in the context of supportive mainstream media output, and the wide scale influence of national communication and entertainment channels. International observers, unaware of the dynamics of opinion management which were actually in play in Australia, openly viewed groups like these in disbelief and disgust. To this day, groups like these are still documenting and collecting the invidious outpourings of this online underclass.
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4.2.3 YOUTUBE YouTube was another obvious channel for the display of ignorance and hatred by those so inclined. Self made videos appeared regularly, and usually comprised crude attempts to ridicule the victim:
Incredibly, the first of these two videos was created by SMH journalist Neil McMahon, and is a particularly unpleasant example of playground cruelty and ridicule of Schapelle Corby's desperate family. Unfortunately, this was far from his only hostile contribution on the case.
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Like other channels, YouTube was also awash with the sort of comments illustrated above, completely devoid of any sense of empathy, compassion, or even an elementary grasp of the case facts. Publishers of supportive footage were confronted with messages like the following:
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The comment areas were inundated with similar venom (random sample):
YouTube thus provided yet another platform for the vivid and visible representation of hostile media influence. This pertains to both casual commentary and video production, again highlighting the alarming degree of malice and hatred generated amongst those susceptible and prone to such manipulation.
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4.3 SUMMARY & CONCLUSIONS

The pattern illustrated above was repeated across forums, newsgroups, and every social network. Indeed, it is still evident across every platform to which the Australian public has access. Across these channels, the comments invariably recite the limited number of core tunes rehearsed and repeated by the media. This correlation is direct and sustained. AUSTRALIAN SOCIETY This openly viewable record of hysteria, animosity and enmity, against a wretched and mentally ill woman, has become a globally visible reflection of a disturbing and extensive underbelly within Australian society. Its relatively high profile is undoubtedly contributing to a changing perception of Australia, from outside its borders. With respect to the media, it is a clear example of the danger posed by unfettered domestic propaganda, particularly when unleashed against a single individual. In a wider media context, it is perhaps yet another symptom of the relative lack of media plurality in Australia. THE AUSTRALIAN GOVERNMENT To this day, the Australian government has taken no steps whatsoever to restrain the propagandistic hostile media output, which it, itself, initiated in 2005. It also appears to be oblivious to the wider issues raised above.
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End of Section 11
SECTION 12
Primary Sources Of The Character Assassination Of Schapelle Corbys Family
CONTENTS
1. Introduction 2. The Lateline Fabrications: John Stewart 2.1 The Approach 2.2 The Story As Presented 2.3 The Sources 2.4 The Police 2.5 The Delivery 2.6 The Damage
3. The McCauley Fabrications: Eamonn Duff 3.1 The McCauley Photographs 3.2 The Source 3.3 Eamonn Duff's Exclusive 3.4 The Police Intervene
4. The Impact & Damage
Introduction
1. INTRODUCTION
As the Schapelle Corby case has unfolded, over more than seven years, the conduct of the Australian media has itself been the subject of considerable controversy. The period has been punctuated by countless examples of smears, sensationalism, and outright fabrications. There has even been incidents of intrusion and abuse of Schapelle Corby herself, in her prison cell. This has attracted international condemnation, and even the emergence of internet websites dedicated to exposing it. Two individuals, however, have attracted particular scrutiny, not only because of specific publications or broadcasts, but as a result of their repeated and prolonged engagement. These are John Stewart of the ABC, and Eamonn Duff of Fairfax Media. Both have used their positions to regularly reproduce allegations, which have not only been wholly refuted by the police, but, as this report will show, have little or no credibility from an objective standpoint. This is of serious concern, not only to journalists, but to any society which values a responsible and ethical media. The person whom these individuals primarily used to create their output was Michael Corby, Schapelle Corby's father. This was extremely convenient: Michael Corby lost his battle with cancer in January 2008, and in Australia, dead men cannot sue. The road was thus clear for a myriad of baseless allegations, with reduced risk of litigation. THE TEXT BOOK APPROACH On the darker side of what passes for journalism, certain approaches and procedures for the manufacture of malicious smears are well known. In the case of the character assassination of an innocent target, there is an almost text book approach to these matters. In the absence of any genuine evidence to support whatever agenda is being pursued, it is necessary to construct something which can at least be presented as such. This can easily remain undetected if the perpetrator is senior, experienced, or well positioned. The format of the exercise is usually to identify someone, anyone, who has had even the flimsiest association with the target, and who: - has a criminal background - is psychiatrically or psychologically unbalanced - is desperate for money and prepared to fabricate for it - is a drug addict. Or, sometimes, a combination of the above is used.
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Introduction
A high profile case like this one also tends to attract the most unpleasant elements of society: those chasing remuneration, self publicity, notoriety or similar. This is a classic tendency for any major event involving a celebrity or quasi-celebrity. Ethical and experienced journalists are well aware of this, and tend to manage the situation accordingly. The unscrupulous, and those with an agenda, are perhaps less demanding. From this base, it is not difficult to wholly create a story, even when confronted with damning contrary evidence from entirely credible sources. Control of the output delivery medium enables omission and emphasis to be applied liberally. THE CORBY FAMILY Let us examine in some depth how Stewart and Duff operated with respect to the Corby family, through the vehicle of Michael Corby, deceased. On the following pages we will examine their track record on the Schapelle Corby case, their methods, their attitude to Michael Corby's family, the evidence and police statements they overlooked or ignored, their sources, some of the contradictions in what they produced, the crude production techniques employed, the choice of terminology, and the nature of the stories they constructed.
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The Lateline Fabrications
2. THE LATELINE FABRICATIONS: JOHN STEWART

2.1 THE APPROACH
The volume of reports by John Stewart which were hostile to Schapelle Corby and her family was substantial, and to many, they were extremely disturbing. Over a period of years a number of angles were encompassed, including various attempts to associate Schapelle's father with drugs via the most tenuous of links. For example:
Corby's next-door neighbour faces drug charges Reporter: John Stewart and Renata Gombac LOCATION: http://www.abc.net.au/7.30/content/2006/s1558393.htm Broadcast: 30/01/2006 Lawyer challenges Corby biography Reporter: John Stewart, Renata Gombac ABCs 7.30 Report: broadcast 6 December 2006 LOCATION: http://www.abc.net.au/7.30/content/2006/s1805957.htm Michael Corby linked to alleged drug criminal By John Stewart and Renata Gombac ABCs Investigative Unit: 31 January 2006 http://www.abc.net.au/7.30/content/2006/s1805957.htm
It would appear that he scraped everywhere, employing methods which have been roundly condemned. For example (JournOz):
UNETHICAL RESEARCH & INVESTIGATION
If you were pursuing the father of Schapelle Corby instead of investigating the real case issues, how would you research him? Perhaps you would use the internet to search for background information. Or perhaps, because Mr Corby served in the Navy, you would post a question on a naval message board, stating clearly that you were really working on an historical naval piece, and not on Schapelle Corby at all. No, you wouldn't really do that. And neither would I. But I'm afraid it appears that the ABC would:
Words escape me.
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Stewart's attitude and ethos is, perhaps, even better illustrated by the following audio recording, which was similarly commented upon:
ABUSIVE AND AGGRESSIVE INTERVIEWING
Ethical journalists are well aware of the requirement for respect, objectivity and fairness when interviewing members of the public. Indeed, the AJA Code of Ethics covers this through a number of its clauses, amongst them "Use fair, responsible and honest means to obtain material", "Never exploit a persons vulnerability or ignorance of media practice" and "Respect private grief and personal privacy". But consider how the ABC interview members of the public. Consider for example how they interviewed Mercedes Corby, in the context of her struggling to support her sister Schapelle during her terrible ordeal. We recently discovered a recording of one such interview. Here are some extracts:
Play Or Download The MP3

[Note: These are short extracts. Much of the interview is extremely unpleasant and not suitable for a public website] [The audio is available on www.expendable.tv]
Mercedes Corby in fact did very well indeed, given the sort of journalist she was confronted with. The bigger issue though is what this open hostility clearly indicates regarding the ABC's position with respect to Schapelle Corby. Consider those words and listen to the tone in his voice. Is that the voice of someone adopting a neutral, objective, and truth seeking journalistic perspective? Or is it the voice of someone who has a clearly entrenched hostile position, annoyed that a young woman is standing up for herself and her family? Is it the voice of true objectivity, or the voice of subjective bias? Is it the voice of someone you would trust to report neutrally and fairly on this issue? Indeed. I think the same thing too.
Despite the considerable efforts expended, and the appalling methods used, Stewart and Gombac came up with nothing of substance. Such disappointing returns from this investigative unit may have created a degree of pressure within the ABC, particularly on John Stewart. However, whatever the reason, whatever the agenda, the story presented was, itself, unprecedented in its nature and vitriol.
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2.2 THE STORY AS PRESENTED

Rather than write off the substantial investment, and explain that there was nothing of significance to be found, Lateline produced a blatant and hugely damaging smear. A story with no credibility, in fact, less credible sources for the broadcast would be hard to imagine. They spun a story which falls apart with the most casual scrutiny, and presented it as fact; a story which the ABC was subsequently forced to apologise for. Nonetheless, its content was not only repeated across many other ABC channels, but across the media as a whole. The damage it caused to Schapelle Corby and her family was incalculable. The story, which aired on the 4th July 2008, relied heavily on the technique described earlier: the identification of criminal elements, drug addicts, or those with other issues, for source quotes and comments. It also focused upon a recently deceased man, enabling a degree of cover from the risk of a defamation case. Its TV production was nothing short of scandalous, with exploitative footage of a dying Michael Corby, who was also suffering from deafness. It employed the stringing together of unrelated comments tailored to suggest linkage, dark sinister music score to indicate 'bad guy' when Michael Corby was shown, unsubstantiated allegations directly presented as fact, damaging statements which directly conflicted with practical reality, and non-inclusion of basic and core factual information. Here is the raw original transcript:
JOHN STEWART, REPORTER: It's now clear there were at least two generations of Corbies involved in the drug trade. Together, the father Michael Corby senior and his daughter Schapelle Corby represent 30 years in the marijuana business. MICHAEL CORBY SNR: You ever had a puff on a bloody joint? What did you nod your head for? Does that mean yes? How about you, Mr Cameraman? JOHN STEWART: But Michael Corby senior's experience in the drug trade involved more than just the occasional puff. In the late 1970s, Michael Corby moved to Mackay in North Queensland after a stint in the navy. His military record indicates he had problems with discipline and left the service after going absent without leave. Alan Trembath is a retired farmhand living on the outskirts of Mackay. He is also a cousin of the late Michael Corby. He says that by 1980, Schapelle Corby's father had become well known in Mackay as the local marijuana dealer, something which caused tensions in his family. ALAN TREMBATH, COUSIN OF MICHAEL CORBY: Michael used to be in and out of trouble with dope and, you know, over the years I can remember some hell of a big blues with his parents. He used to hang around with a bikie group on the Gold Coast. I can remember him and my Aunty Pearl, his mother, having arguments and fights over, you know, different periods of time when I was staying at their house in Ekeby. JOHN STEWART: Alan Trembath says that Schapelle Corby senior was not just a small time dealer but was involved in moving large amounts of marijuana throughout northern Queensland. ALAN TREMBATH: I was in the Kooyong Hotel having a few beers and Michael walked in. He approached me and we went and sat down and he said to me basically straight out, he said, "Do you want to earn 80 grand?" I said, "80 grand?" I said, "What have I got to do, go and kill somebody for it?" And he said, "No, no", he said, "Get you to take a boat up to see the bay and pick up a lot of marijuana and bring it back down to Mackay and you'll get 80 grand for it." Well at the time I thought, "Well, 80 grand, I could do with it but if I got caught, 10 years in jail at eight grand a year when you got three little kids just didn't sum up. So I refused."
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JOHN STEWART: In the 1980s, Michael Corby senior moved to the central Queensland town of Middlemount where he worked at the local mine. There, he lived next door to another miner, Tony Lewis. MICHAEL STOTHARD, MIDDLEMOUNT RESIDENT: Tony and Mick associated together all the time, they lived next door to each other and they worked at the open cut together. So, yeah, they were pretty friendly. JOHN STEWART: 10 years later, Tony Lewis and Michael Corby senior both moved to a small town called Iveragh near Gladstone on the central Queensland coast. They became neighbours once again and in September 2004, the Queensland police raided Tony Lewis's property and discovered five kilos of marijuana in vacuum sealed plastic bags and thousands of dollars in cash. In a recent documentary about Schapelle Corby, Tony Lewis denied that his next door neighbour knew about his marijuana crop. TONY LEWIS, CONVICTED MARIJUANA GROWER: Mick knew nothing. No, I never ever told Mick. He would have got right into me and say, "No way in the world, boy, you'll end up in the slammer", or something. Mick would have just done that, yes. JOURNALIST: So you haven't heard from Tony Lewis in about two years? MICHAEL CORBY SNR: Tony who? JOHN STEWART: Kim Moore tipped off the police about Tony Lewis's marijuana operation. A one-time heroin user, she kicked the habit 25 years ago and was living near Tony Lewis and Michael Corby's farms. She says she first met Michael Corby as a man called Mick at the local pub with Tony Lewis. KIM MOORE, POLICE INFORMANT: We were having a couple of drinks at the bar and Tony and (bleep) came in. Anyway - and we were sitting there talking for a little while and then this other gentleman came in and I was introduced to him as Mick. JOHN STEWART: On September 16, 2004, three weeks before Schapelle Corby's arrest in Bali, Kim Moore made a statement to the Queensland police. Her statement became the basis of a Queensland police crime intelligence report. It says: (male voiceover): "Information is that along with (bleep) a person with the name Michael is also involved with the transport of these drugs. ... The informant suggests large quantities are being moved to Bali." JOHN STEWART: Kim Moore has confirmed to the ABC that the Michael she named three weeks before Schapelle Corby's arrest was Michael Corby senior. KIM MOORE: Old Michael Corby is very close to Tony Lewis and he is involved with the making that Tony does, with his drugs and the running. JOHN STEWART: The ABC has obtained the flight records for Michael Corby senior. He travelled to Bali on September 4, 2004, just four weeks before Schapelle Corby was arrested at Denpasar airport. Before he died, Michael Corby senior denied having anything to do with the drugs found in his daughter's boogie board bag. MICHAEL CORBEY SNR: Never touched that bag! Never seen it! Never had nothin' to do with the bloody bag! JOHN STEWART: Michael Corby senior's cousin says he's sorry for Schapelle Corby and believes she simply followed her father into the drug trade. ALAN TREMBATH: Honestly, I don't think Schapelle would have known any different, you know, because she would have been around drugs all her life. JOHN STEWART: Throughout his long drug career, Michael Corby senior avoided going to jail. However, his now infamous daughter was not so lucky and is due for release in another 16 years.
This is still open on the internet for the public to view here: http://web.archive.org/web/20080705142320/http://www.abc.net.au/lateline/content/2008/s2295226.htm
Now, let's examine this in a little more detail.
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2.3 THE SOURCES

Their two sources could hardly have been less credible. ALAN TEMBATH Trembath was engineered to make sweeping and general statements of a highly damaging nature, without substantiation. Yet Michael Corby was only vaguely aware of him, having had no contact for many years, and Schapelle Corby didn't even know him. His only specific or substantive statement was that he had been offered $80,000 to ship some marijuana a few hundred miles. But even cursory consideration reveals how wholly impractical this actually was. In the early 1980's this was a substantial sum of money. It would have purchased almost two houses at the median price for Mackay, which was $50,000. Indeed, the Principal of a major real estate agent confirmed to the Hidden World Research Group that the average price of a new, 3 bedroom 1 bathroom house, was around $42,000 at the time. The average wage in 1982 was about $13,520 per year [Source: Parliamentary Research Service, RESEARCH NOTE. Number 53, 25 June 1996, ISSN 1323-5664]. The alleged job as a courier, which didn't even involve crossing state, let alone national, borders, would therefore have netted Trembath a couple of houses; many times the average annual salary, tax free. The amount of marijuana carried to justify such a sum would have had to have been absolutely astronomical. Rosleigh Rose also put this into the perspective of the family's situation: "We were struggling in a Housing Commission home and Michael wasn't much better off". Trembath's credibility as a source was even dismissed by his sister, Lyn Lack. She referred to the claims as "bullshit".
It's all lies, Ms Lack said. $80,000 in the late 70s is like $500,000 today. Imagine how much more marijuana that would be worth in the 70s." That was like two houses back in the 70s. Michael never had that sort of money. It's just not credible. Ms Lack said she believed Mr Trembath was only making his statements now because Mr Corby was dead and he wouldn't have to defend his claims. It has to be for his 10 minutes of fame, she said. Ms Lack also said Mr Trembath hardly knew the Corby family, despite being Mr Corby's cousin, and Schapelle probably didn't even know he existed.
http://news.smh.com.au/national/doubt-over-corby-dads-alleged-drug-ties-20080705-31zp.html
The story was wholly implausible, impractical, unsubstantiated, and lacking even a shred of supporting evidence, all of which Lateline must surely have been well aware.
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Nonetheless, despite the clear reality of the situation, Trembath was flagrantly used to create the impression of a family orchestrating massive scale international criminality. KIM MOORE Stewart's other source was equally transparent. Kim Moore, real name Heather Kimbaley Moore, was a former heroin addict and a self confessed thief:
NSW Supreme Court: Transcript Extracts (Kim Moore)
Her unreliability as a witness was clear enough. Journalist and author, Tony Wilson, summed this up in his book, Schapelle - The facts, the evidence, the truth, as follows: "She had been previously discredited in a Queensland court and was so garbled in the Supreme Court defamation case against Channel 7 that not one media outlet reported on it".
John Stewart must surely have been aware of the nature of Moore's testimony, particularly with respect to the outcome of the high profile case.
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Further, as indicated above, with specific reference to her allegations relating to Michael Corby, Moore had earlier testified against Tony Lewis, with respect to these, in a Queensland court.
She clearly had a problem with Tony Lewis, who was one of Michael Corby's neighbours, having accused him of drug dealing. These allegations ended in tatters. Her testimony was dismissed and Mr Lewis was acquitted of supplying. This is directly referenced as follows:
It is difficult to imagine how Stewart could have missed this, or if he did, that as an experienced journalist he didn't at least perform some cursory research into what was, effectively, his star witness. This is particularly central, as the legal case referred to here, decimates the whole basis of his story: no supply from Tony Lewis ruins the smear story against Michael Corby. Despite this, Moore's already dismissed and dismantled allegations were openly broadcast: "he is involved with the making that Tony does, with his drugs and the running". References to the Moore/Lewis court case, which disproved this, were of course completely omitted. The Lateline broadcast went even further. They sought to disguise this outcome, by referring to Lewis as, "Convicted Marijuana Grower", with its more sinister undertones of supply, rather than using a less serious sounding word, such as possession or user.
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TONY LEWIS Tony Lewis himself was, of course, very clear: "Mick knew nothing. No, I never ever told Mick. He would have got right into me and say, "No way in the world, boy, you'll end up in the slammer", or something. Mick would have just done that, yes". To distract from this somewhat inconvenient statement, Lateline exploited Mr Corby's illness and in particular his deafness, by immediately presenting a clip in which he asks "Tony who?" to create the requisite impression. POLICE STATEMENT Moore's formal statement to the police was also somewhat different to what Lateline implied. She didn't mention Michael Corby at all. She didn't mention any Michael. She didn't mention any member of the Corby family. Note also that Freedom of Information requests from various parties have not uncovered any documentation which does mention him. AWARENESS Lateline must have been well aware of Moore's erratic behaviour in general; not only her background and references to living in a car, but her non-appearance in court and the inability of the police to locate her on a number of occasions. They must surely have been well aware of the nature of her testimony in the NSW Supreme Court, and of her previous testimony against Mr Lewis. They must have been aware of the Queensland court outcome, at which Mr Lewis was cleared of supply. They would also have been aware that these factors decimated any case they had for a story at all. It appears, however, that all that mattered to Lateline were the comments they could extract in support of their predetermined script. The lacking credibility of Moore, her unreliability, the contradictory police evidence, the fact that her allegations had already been dismissed by two courts of law, and the conflicting accounts of others, were simply ignored.
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2.4 THE POLICE

The whole story was completely dismissed by Queensland Police:
Queensland Police has no evidence to link Michael Corby with involvement in the drug trade a police spokesperson said. It's dead, over. It's an old story and I don't know why it's getting more attention. [http://news.smh.com.au/national/doubt-over-corby-dads-alleged-drug-ties-20080705-31zp.html]
However, Lateline made no reference to the police position at all in their story. No comment from them. No explanation that they had investigated and cleared Mr Corby of any involvement with drug dealing. No reference to the fact that they had clearly had enough of people throwing mud, under the cover of journalism. Here is how JournOz described Stewart's approach:
A MEMO TO MR STEWART Allow me to help you with your story Mr Stewart. This is how an investigative journalist would handle it. He would actually ask the police, officially. Here is what the police had to say, for example, when they were asked if you had contacted them: "I can advise that QPS has not spoken with any journalist from 7:30 Report". Here is what they have had to say on some similar fiction to your own: "We have found no links, nothing at all...". For the record, they even used the word "laughable" in that particular interview. But more still: they are clearly sick of people creating smoke to give the public the impression of fire. They have even issued a certificate to make it plain:
That took me five minutes to find. Why didn't you find it, Mr Stewart? Or did you?
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2.5 THE DELIVERY

Having established that the story was manufactured from no credible basis, it is worth examining the way in which Lateline constructed it. The following examples illustrate just some of the techniques used: Script Tailoring: Lateline were forced to make a number of changes to the internet transcript of the story some weeks after the broadcast. The following statement was added (blue text):
KIM MOORE: Old Michael Corby is very close to Tony Lewis and he is involved with the making that Tony does, with his drugs and the running. JOHN STEWART: Queensland Police say they have no evidence to link anyone else to the drugs found on Tony Lewis's property.
Queensland Police were actually stating that no-one other than Tony Lewis was linked. However, by placing this directly after Moore's allegation, this could easily be misinterpreted as no-one other than Tony Lewis and Michael Corby. False Assertion & Omission: The commentary is consistently full of innuendo and misrepresentation. Look at the final sentence, for example:
Throughout his long drug career, Michael Corby senior avoided going to jail. However, his now infamous daughter was not so lucky and is due for release in another 16 years.
Here, Stewart openly and directly states that Michael Corby Senior was a criminal and lucky not to be convicted/jailed (dead men cannot sue), and that Schapelle Corby is guilty; in a single blow. Another example is the publication of this comment:
"Honestly, I don't think Schapelle would have known any different, you know, because she would have been around drugs all her life"
This not only re-enforces the idea of guilt, but implies exactly the same about Schapelle's sister, Mercedes, despite such smears having already been dismissed by the Supreme Court in a defamation case against Channel 7. The outcome of that case would have been well known to Stewart. Yet Lateline still continued to create material which clearly contradicted the unambiguous legal outcome.
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Innuendo: The use of Mr Corby's flight record is yet another example of gross manufacture.
The ABC has obtained the flight records for Michael Corby senior. He travelled to Bali on September 4, 2004, just four weeks before Schapelle Corby was arrested at Denpasar airport. Before he died, Michael Corby senior denied having anything to do with the drugs found in his daughter's boogie board bag.
Mr Corby's passport clearly shows the dates on which he visited his daughter Mercedes, whose husband is Balinese. There is nothing out of the ordinary about it whatsoever, and indeed, its pattern maps that of any regular tourist. However, Stewart presents the visit on the 4th September as though there was something sinister about it. The truth? Mr Corby was dying, having been diagnosed with cancer. He made the effort to undertake that particular trip, because he saw it as possibly the last time he would see his eldest daughter and grandchildren. Why wouldn't he go to see her? Why didn't Stewart ask a family member why he went, and then report it? Production: All this was filled out with crude propagandistic production techniques, deployed to lead the viewer down the intended path. For example, dark suggestive background score was used when the sick Michael Corby was introduced.
[View a video extract on www.expendable.tv]
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2.6 THE DAMAGE

When confronted, the ABC sought to brush this under the carpet as swiftly as possible. Ignoring the many other serious aspects of the broadcast, and the wider activities of Stewart, they issued an apology for representing the fabricated allegations as fact:
View the video on www.expendable.tv "Last month Lateline aired a story containing new evidence suggesting that Schapelle Corby's father, the late Michael Corby senior, was involved in the drug trade. That story should have made it clear that these were allegations, not facts, and for that we apologise".
The updates to the transcript on their websites simply changed Stewart's flagrant misreporting into damaging allegations, based upon the fabrications identified earlier. For example:
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A tiny reference to the police was also inserted. But as referenced earlier, this was added such that it created ambiguity, and could easily be interpreted as meaning that no-one other than Tony Lewis and Michael Corby were involved, rather than just Tony Lewis.
Not only did these updates ignore the many other disturbing aspects of the Lateline report, but also the fact that the story was repeatedly reported through other ABC channels and broadcasts, sometimes by John Stewart himself. He had been reporting elements of this Lateline story for many months prior, and continued reporting them after the 4th July broadcast. And worse still, like many Lateline reports, it was picked up, syndicated and repeated throughout the Australian media. For example, Fairfax and News Ltd publications referred to it, and used the content regularly. News Ltd:
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Fairfax:
Further, the Lateline contents were widely reported as fact, again influencing public opinion, seriously undermining support for Schapelle Corby, and damaging the reputation of the Corby family. This would have come as no surprise to Stewart or the ABC, as Lateline is frequently the source for other media reporting, and its broadcasts are routinely assumed to be accurate and honest. The whole series of ABC reports and broadcasts were pivotal, both in delivering and driving the adverse publicity against the Corby family, and in negatively influencing the public's opinion of the Schapelle Corby case itself.
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The McCauley Fabrications
3. THE MCCAULEY FABRICATIONS: EAMONN DUFF

3.1 THE McCAULEY PHOTOGRAPHS
Malcolm McCauley is an established criminal, having been convicted of a number of offences over a prolonged period. His involvement in the case began when he spotted Rosleigh Rose, Schapelle Corby's mother, whilst he was on holiday in Bali during the trial. Along with another tourist, David McHugh, he struck up a conversation, bought her a drink, and asked if he could visit Schapelle, like so many other tourists had done during the remand period. Rosleigh agreed, as visits tended to keep Schapelle's spirits up. She took McCauley and McHugh to Kerobokan Prison, where they posed for photographs.
Schapelle Corby was as generous to McCauley as she was to all visitors, and wrote a message to his granddaughter: "Dear Kaitlin and Class at Salisbury North Primary School. I would like to thank all of you for your support. It really helps me get through each day. So thank you. Kaitlin your Grand dad has come in to see me, also I met him last Friday at the court cell. He's a good Grand-dad. Be Positive (Smiley face) - (heart shape) Schapelle. I hope your writing is neater than mine...". On the back of a photo of herself Schapelle wrote: "Kaitlin, When your old enough to travel the world; Remember the locks on your bags... (heart shape) Schapelle xx"
McCauley left Bali and that was the end of his involvement. Subsequently, however, the police raided his house in South Australia in connection with his drug dealing, and found the photographs from his visit to Kerobokan.
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At this point in time Schapelle's second appeal was in progress. Nonetheless, the police leaked the existence of the photographs to the media, enabling them to connect Schapelle with a convicted drug dealer. Worse still, South Australia Police stated that the photographs "did not appear to be taken in a prison setting". Newspaper articles screamed to the public, and to the Indonesians, that the photographs showed that Schapelle Corby had met drug dealer McCauley before her trip to Bali:
Eamonn Duff wasn't slow to report on this false story either:
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However, McCauley himself was very clear. He categorically confirmed the facts, that he only met Schapelle through a chance visit, and that the photographs were taken at the prison: "A mate and I were in Bali and we thought we'd go have a look see in court. She's high profile and she's an Aussie. That's why we were interested in it. Her sister and mother came up to us after and thanked us for being there, like they were doing with a lot of groups. We asked if we could sneak some photos in (while we were there) so we did". The following video also demonstrates this: [view the video at www.expendable.tv] Schapelle Corby's mother, Rosleigh was devastated. She knew the truth of the situation, and demanded that South Australia Police release the photographs to prove that this was a malicious fabrication. She blamed herself for introducing McCauley to her daughter. Alarmingly, South Australia Police refused to release them, allowing the misinformation to settle in the public psyche. Comments from the AFP at this time were also extremely unhelpful. THE TRUTH EMERGES What the AFP and South Australia Police didn't know was that a second copy of the photographs existed. Two copies had been developed, with fellow tourist David McHugh, who had visited Schapelle Corby with McCauley, having the other copy. When David McHugh realized what was happening, he contacted Rosleigh and gave her his set of photographs. However, by this time, the damage had already been done. The association of Schapelle with drugs had been made, even though it was false. Schapelle's prison sentence was re-instated to 20 years. In addition, only a small part of the damage was ever recovered in terms of public opinion. McCauley was subsequently sentenced to 3 years for another drug offence, of which he served 15 months. This is considered to be a relatively light outcome, for his circumstances. NOTE: We can find nothing to suggest that Eamonn Duff made any effort to clarify his report. We can find no retraction, no correction, and certainly nothing to indicate that any steps at all were taken to undo the damage his syndicated report caused to Schapelle Corby or her family.
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3.2 THE SOURCE

During his 15 months in prison for his latest offence, McCauley had plenty of time to consider how he could make the most of his situation, from a financial perspective. He would have learned quickly about the nature of some in the media, from his experiences with the Kerobokan photographs, and the misinformation generated by the police. He would also have known which journalists ruthlessly ran the false story, and which would be likely to run with any false allegations he had up his sleeve.
The nature of McCauley was also confirmed through David McHugh. Mr McHugh stated directly, and in writing, that he introduced McCauley to Schapelle Corby and her family as a tourist in the Bali court.
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This, of course, wholly aligned with McCauley's own words at the time, and that of every other party.
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3.3 EAMONN DUFF'S EXCLUSIVE

Eamonn Duff, however, was hard at work. He set the scene for his next major contribution by proudly presenting the results of previous media efforts: "Schapelle Corby did it - so say most of us".
His 'exclusive', which followed this, was even more damaging. It directly contradicted every other account, including McCauley's previous words, and presented no sustainable evidence whatsoever.
Note that the headline "She knew her father was a drug dealer" was not the original. The original was "I sold Schapelle Corby the drugs" which took McCauley's implausible false story a step further, by stating that Schapelle Corby herself had bought the marijuana, something that even McCauley hadn't ventured to claim.
Section 12
Page 3-6
The hunger to spin a sensation, at the expense of truth, could hardly be more starkly illustrated. Fairfax subsequently withdrew and changed the headline, but not before it had been copied across the internet.
To this day, remnants of the original headline remain in the URL of the story:
The headline in The Age was perhaps even more disturbing. This tarnished the entire Corby family:
At the very least, this provided evidence of how the newspaper itself viewed the message from Duff's handiwork. It significantly damaged the reputation of the Corby family, and reduced public sympathy, for the incarcerated, and by now mentally ill, Schapelle Corby. This internet page was still open to the public in January 2011:
http://newsstore.fairfax.com.au/apps/viewDocument.ac?page=1&sy=nstore&kw=schapelle+Corby&pb=all_ffx&dt=selectRange&dr=entire &so=relevance&sf=text&sf=headline&rc=150&rm=200&sp=nrm&clsPage=1&docID=SAG080713127M56GUEN0
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Page 3-7
The story itself was full of all the lurid comments one might expect, with even a reference to the wholly unsustainable Alan Trembath allegation, which has been shown to be absolutely impracticable (see Section 2.3). It is hardly surprising that Duff didn't elaborate further on this. Duff was apparently falling over himself with carefully selected sub-plots. For example: "Schapelle's Bali-based sister, Mercedes, has publicly admitted to making a frantic dash to Denpasar Airport with cash in hand as the nightmare was unfolding, but by the time she arrived, it was too late". Anyone who has actually seen that clip of Mercedes, from the Ganja Queen film, will immediately recognize how Duff has stretched this. She took the equivalent of $140 when she was called to the airport, imagining there was a micro-dot amount somewhere in some mix-up scenario. But in Eamonn Duff's world she was apparently going to pay a $140 bribe in respect of $50,000 worth of drugs. And naturally, there was no mention of the general Balinese gratuity culture. However much McCauley was paid, he had delivered handsomely, and had created the bullets for Duff to fire, taking full advantage of the legal freedom with respect to defamation, which was provided by Michael Corby's tragic death.
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Page 3-8
3.4 THE POLICE INTERVENE

A semblance of sanity was again restored by the police, who were clear about the nature of Duff's reporting, describing the McCauley claims as "laughable". They explained that they had known about McCauley's claims for 12 months, had investigated them, and had found them to be false. They made a number of very direct formal statements to get the message across. For example: "An investigation made by Queensland Police into statements made against Mick Corby found these statements to be unjustified". And, "Queensland Police has no evidence to link Mick Corby with involvement in the drug trade". This could hardly be clearer. Informally, the police were equally damning of this disturbing fabrication and opportunism:
Section 12
Page 3-9
David McHugh again sought to set the record straight, stating clearly that McCauley did not know Schapelle Corby, and that his only contact with the Corby family was through himself, as he had actually introduced him to the family in Bali. From Mr McHugh's letter:
These and other inconvenient interventions, which destroyed his story, were simply overlooked or omitted by Duff. He continued to push the fabricated and wholly discredited allegations relentlessly, even though they had been so clearly dismissed. For example, in December 2008, a pop-song was released in support of Schapelle Corby in New York. Duff simply used this as an opportunity to repeat his debunked story. This was discussed at the time on the JournOz blog as follows: Just a few weeks ago I came across the piece below in XenoxNews which was originally titled "The Anatomy of A Smear". It refers to an SMH report of 30th Nov 2008, and parodies its construction:
A Lament for Journalism - aka The Art of Opinion Management . . .
[See JournOz.Com for full text]
And Junior-Scribe's finished article? New York songbird's lament for Schapelle (Source: The Sun-Herald)
(http://www.smh.com.au/news/national/new-york-songbirds-lament-forschapelle/2008/11/29/1227491892588.html)
AN AMERICAN musician has gained notoriety after penning a political song about convicted drug smuggler Schapelle Corby. New York-based singer-songwriter Tara Hack has attracted rave reviews and 1000 hits on YouTube after releasing the track earlier this month. . . . .
Section 12
Page 3-10
When a longer two-part version was screened in Australia, it reignited debate about Corby's guilt or innocence, largely due to convicted drug smuggler Malcolm McCauley, who said he knew the truth. McCauley was arrested in November 2005 when a police raid on his Adelaide home uncovered evidence of trafficking and pictures of him visiting Corby in jail. He served 15 months for his part in transporting 100 kilograms of cannabis to Queensland. In an exclusive interview with The Sun-Herald, McCauley said Corby's late father Mick had been the Queensland-based recipient of his drugs since 2000. He spoke of a "well-oiled machine", involving Mick Corby and Bali airport security personnel. Hear the song and watch the video at http://www.youtube.com/watch?v=c-EENMoK9tA.
The SMH story is attributed to SMH employee Eamonn Duff, who I presume is "Junior Scribe" in the Xenox version. Ridicule though is perhaps the least he deserves. Here, he essentially produced yet another re-run of a serious smear, which had already been debunked on a number of occasions. Presenting claims by a convicted criminal as though they had credibility, whilst ignoring the referenced certificate issued by Queensland Police, and the comments by operational detectives that the claims were "laughable", appears to expose the standards to which Mr Duff works. This was a story about a song, a talented artist on the other side of the world creating something extraordinary to support a suffering Australian. But he used it to re-enforce a message that had already been wholly discredited, and perversely to self-congratulate SMH for the offending "exclusive interview"!
YOUR HOMEWORK FOR TODAY So, fellow journalists, shall we perform an elementary 'subject interview' as a class exercise, and construct some sensible questions for Mr Duff on his eloquent masterpiece? How about these just for starters: Was that much trumpeted "exclusive interview" with convicted criminal McCauley paid for, Mr Duff? If so, how much was he paid? Did you not check his credibility with the police Mr Duff? Why no quote from the police at all in your "exclusive" story Mr Duff? Wouldn't a quote from the police strengthen your story? Or is it that you believed that their comments would blow your story away as a blatant smear?
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Page 3-11
Please allow a fellow journalist to assist:
Do you see what he did there? He simply asked the police. That's what journalists do: they investigate the truth. Why didn't you contact the lead subject of this story, Tara Hack, for a comment (and you didn't, because I checked)? Was that because you were too focused upon the objective of re-delivering a smear? Did you obtain the Michael Corby police certificate Mr Duff? If not why not? And if so, why didn't you mention it? Allow me to help you again. Here it is:
Section 12 Page 3-12
Isn't the truth that the "exclusive" was wholly manufactured via the first drug runner who came along making such damaging claims, and that you avoided seeking credible substantiation like the plague, because you knew what the outcome would be? Further, that you now re-run this smear as legitimate, even though you are well aware that it is bogus?
Following publication of this blog entry, Fairfax appears to have re-assigned reporting of the Schapelle Corby case to another journalist. However, the damage to Schapelle Corby, which was considerable, had been done.
Section 12
Page 3-13
[Introduction]
4. THE IMPACT & DAMAGE

The impact of these manufactured stories cannot be overstated. They became the base for a host of variations and countless references. Both were syndicated and copied repeatedly across the Australian media, and commonly reported as fact. THE TIMING It is also, perhaps, worth analysing the timing of these stories. The two stories appeared within days of each other, and just a matter of weeks earlier Mercedes Corby had won a major defamation case against Channel 7, who had broadcasted lies and false allegations of a similar nature. The beneficial impact of this court outcome on public perception of the Corby family, and the guilt or innocence of Schapelle Corby, as well as its effect in terms of reversing the influence of Stewart's and Duffs previous work, were cut short by their respective new initiatives. No doubt Stewart and Duff will claim coincidence, but it is worth emphasizing that both must have been well aware of the outcome, and its implications regarding what they were about to produce. DAMAGE Regardless, the effects of the two manufactured stories were predictable. Public support for Schapelle Corby fell, as people began to presume guilt, and to forget the reality of the Bali trial abuses. The name of the whole Corby family was dragged through the mud and their reputation tarnished. The public had been sold a series of fabrications. Their opinion had effectively been managed against Schapelle Corby and her family, by what amounted to baseless smears.
Section 12
Page 4 - 1
End of Section 12
SECTION 13
A Partial List Of Public Abuses Of Schapelle Corby, Involving The Media, Whilst Incarcerated In Indonesia
[Note: The Non-Public Abuses Are Outside The Scope Of The Expendable Project]
CONTENTS
1. Introduction
1.1 1.2 1.3 The Nature Of Abuse Human Rights / Geneva Convention The Timeline
2. Open Prison Abuses 2005 3. Open Prison Abuses 2006 4. Open Prison Abuses 2007 5. Open Prison Abuses 2008 6. Open Prison Abuses 2009 7. Open Prison Abuses 2010 8. Open Prison Abuses 2011
[Introduction]
1. INTRODUCTION
1.1 THE NATURE OF ABUSE
Schapelle Corby's legal and human rights were seriously abused during the Bali trial, of 2004/2005. This is documented in the Expendable report: Breaches of the Indonesian Code of Criminal Procedure, and the UN International Covenant on Civil and Political Rights, in the Schapelle Corby Trial. Unfortunately, this was merely a prelude to the regular and repeated breaches which were to follow in prison. Whilst those behind closed doors are outside the scope of the Expendable mission, those open and in public are not, as they relate to the complicity and disregard of the Australian government. The most obvious of these involve the Australian media. The conditions which Schapelle Corby has endured are terrible enough, with lurid descriptions of squalor, overcrowding, and overbearing heat, common on a number of websites, and in books such as Hotel Kerobokan. However, Schapelle Corby endures significantly more than this. She has suffered a sustained series of individual abuses at the hands of the local and prison authorities, and the Australian media. As a high profile 'celebrity' prisoner, she has been systematically exploited for prison public relations purposes, she has been subjected to individual persecution, often for political reasons, she has been harassed and exposed regularly, and she has been intimidated with threats and worse. These are not unsubstantiated allegations; they are abuses which are both documented, and open. But there has been no intervention from the Australian government, no involvement by the United Nations, and no protest from groups which refer to themselves as humanitarian in nature. Even in full view of an uncaring world, Schapelle Corby has been fair game for open exploitation, and abuse, on a staggering scale. This situation remains unaltered to the present day.
Section 13
Page 1 - 1
[Introduction]
1.2 HUMAN RIGHTS / GENEVA CONVENTION

In a formal war scenario, prisoners have a degree of protection under the Geneva Convention. This is described thus: [Article 27 says that people protected by the Fourth Convention are entitled, in all circumstances, to respect for their persons" and are to be protected from violence, threats, insults and public curiosity. A similar provision under the Third Convention protects prisoners of war against "insults and public curiosity"] And, ["Art. 27. Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity".] Of course this is not a formal war situation, but quite clearly, Schapelle Corby has been exploited and abused in many ways which would fall foul of this, for example, by her regular display for 'public curiosity' via the Australian media.
Another sanctioned intrusion: A mentally ill Schapelle Corby, on media display, desperately seeking cover
This abuse has also been compounded by her deteriorating and severe mental illness, to which it has no doubt contributed. Although humanitarian provisions for the mentally ill exist under a number of conventions, they too have been overlooked.
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Page 1 - 2
[Introduction]
1.3 THE TIMELINE

Some months ago a humanitarian team began to document the timeline of some of these open abuses. Given the sheer number, this was a significant task, and it is far from complete. However, the interim report has recently been published, and permission has been provided to the Hidden World Research Group for inclusion in this report. It should also be noted that from 2008, Schapelle Corby's loss of mental health impaired her ability to defend herself. In prison conditions, this is a grave matter. The media intrusions, for example, became even more disturbing, particularly with respect to her increased paranoia regarding cameras and observation (eg: refer to the Channel 9 intrusion incident of April 2010).
2010: A visibly distressed Schapelle Corby, shouting that she is being beaten by her guards, is roughly manhandled and dragged away, having just begged the governor for protection from the media.
The extracted log is provided below, with relevant media articles provided in a separate PDF. It is extremely disturbing, but equally disturbing is that this is only the open view. It should be stressed that no nation, or organization, has even lodged a complaint, let alone taken any action to assist the victim. .
[2005]
2. OPEN PRISON ABUSES 2005
2005
June 05
Date
1st
Comments
Possible Breach of Confidentiality/Trust: Comments by Dr. Conny Pangkahila
Title of Source Articles

Corby sings and prays
Publisher
News Corp.
1st
Possible Breach of Confidentiality/Trust: Corby writing book about her ordeal; Schapelle writing a Comments by Dr. Conny Pangkahila book Possible Breach of Confidentiality/Trust: Pastor recounts Corby baptism Comments by New South Wales Pastor in jail Police uncover Corby breakout plan
Fairfax
2nd
ABC
17th
Rumour: breakout plan
News Corp.
July 05
Date Comments
Publisher
News Corp. West Australian Fairfax Seven Network
Page 2 - 1
13th
Corby Flees Limelight - In Her Cell; Corby in outburst at Media Intrusion & Harassment: guards; Corby involved in cell Schapelle is harassed for 90 minutes by scuffle; Corby lashes out at numerous journalists accompanying 14 officials during jail inspection; Indonesian human rights officials. She Corby lashes out at prison was then manhandled by prison guards inspection; Corby Subdued to an area where she could be filmed. After Clash; Famous Corby 'an escape risk';
Section 13
[2005]
Schapelle Corbys prison outburst; Schapelle loses her cool in jail clash Media Intrusion: Schapelles birthday, photographs.
Ten Network
23rd
Birthday behind bars
Various
December 05
Date
Note For the 2005 Christmas Party it was reported that the prison authorities banned the media from attending because they were still smarting from a string of negative press in Australia over the unsanitary and overcrowded Prison party time for Bali Nine conditions inside. and Corby In contrast, in later years the authorities organize regular PR events to counter criticism and improve the prisons image, using the co-operative Australian media, and forcing Schapelle Corby to attend, against her will.
Comments
Publisher
16th
Fairfax
Section 13
Page 2 - 2
[2006]
2006
March 06
Date Comments
Note Journalist, Cindy Wockner, reports that prison authorities are outraged that the jail has become a sick tourist attraction. Tourist intrusions are criticized However, numerous Australian journalists regularly exploit Schapelle Corby, whilst representing the prison positively.
Title of Source Articles Publisher
12th
Anger over 'sick' Bali prison tours; Corby jail a tourist attraction
News Corp. The Sunday Times
Political Intervention Unrelated issues threaten prisoner transfer agreement: An influential Indonesian politician, angry at Australia for granting refugee visas to West Papuans, ruled out any prisoner exchange program for now. "We will stop the governments [of Indonesia and Australia] trying to swap the prisoners ... The prisoners will stay in Indonesia - they won't do their prison time in Australia now." Bali inmates held to ransom in Fairfax row; Rebel conflict threatens News Corp. Corby talks; Refugee row Nine Network threatens prisoner exchange
26th
Section 13
Page 3 - 1
[2006]
July 06
Date Comments
Breach of Confidentiality Kerobokan inmate Michelle Yolanda is released from prison and is interviewed by freelance journalist Alan Shadrake. This is published in a magazine, inclusive of covertly-taken photographs. Yolanda claimed that Schapelle cut her hair in 'some kind of weird ritual' and that she had a boyfriend called Tjin "Eddy" Yu, who was moved to another prison to prevent Schapelle becoming pregnant. Schapelle was forced to have a pregnancy test which proved negative. The unsupported false claims are revisited in detail in October 2006.
3rd
New look a snip for Schapelle Corby; Schapelle Corby's hair-raising tale; Schapelles bizarre ritual
New Idea News Corp. Fairfax
August 06
Date Comments
Media Intrusion: Anonymous inmate gossip and false rumour is reported in Australia as credible. It is claimed that Schapelle had a boyfriend who has since been moved to 'Nice, but reserved' Corby another prison; she gets favoured likely to stay star turn of Bali treatment by prison authorities; she does jail. not want to be transferred to an Australian jail under a proposed prisoner exchange treaty; etc. None of this is true, but it undermines public concern for her welfare and provides the prison authorities with an excuse to single her out for hard time (see later).
Fairfax
26th
Section 13
Page 3 - 2
[2006]
October 06
Date Comments
A magazine publishes an interview with former inmate Tjin "Eddy" Yu about his relationship with Schapelle. The article is titled Schapelle's Secret Prison Lover . In follow-up reports by other news sources, Schapelles mother is forced to deny that Eddy and Schapelle were lovers. According to the interview with Eddy, Schapelle was given a pregnancy test by the prison's medical staff. Eddy neither confirms nor denies whether he had sexual relations with her; and said that he did not feel guilty about the scrutiny she went through when the media found out about the tests. Eddy was moved to another prison in a remote part of Madura Island some time before the interview was published. The truth of this matter is that this gossip dates back to April 2005 when wholly unsubstantiated and false rumours were circulated and first published.
16th to 25th
Schapelle's secret prison lover; Bali Nine to blame for sentence: Corby; Corby never had a boyfriend in Bali: mum; Indonesian jail pal: I fell for Corby;
New Idea Nine Network The West Australian
November 06
Date Comments
NB: Schapelle Corby My Story is published on 10th November
13th to17th
Womans Day magazine reports another love affair this time with Bali Nine ringleader Andrew Chan. The reported source for this further false rumour is yet another former cellmate.
Schapelle falls for Bali 9 ringleader.
Womans Day
Section 13
Page 3 - 3
[2007]
2007
January 07
Date
Intimidation: Kerobokan prison governor threatens transfer to remote prison. This is not the first time Schapelle has been threatened with transfer away from her sister. The threats have been made constantly since the verdict. On this occasion, the current prison governor is unhappy about the way his prison is depicted in Schapelles book 'My Story'.
Comments

'Be thankful' Schapelle; Corby fears jail transfer; Corby going nowhere but stir crazy; Corby 'should be thankful; Corby should be 'thankful' for transfer; Fearful Corby faces being moved to prison in east Java; Tougher house rules in Corby's new jail; Fallout after Corby book blasts Bali jail as 'slum' (Feb) The West Australian Fairfax The Bulletin News Corp. The Sunday Times
2nd to 17th
February 07
Date Comments
Breach of Confidentiality/Trust: 28th Kerobokan Prison leaks information to the media about Schapelles visit to a dentist. A photographer is waiting outside the prison and follows her (see later).
(see 12 March 2007)
Section 13
Page 4 - 1
[2007]
March 07
Date Comments
Breach of Confidentiality/Trust: Using old photos, the Seven Networks Today Tonight alleges Schapelle bribes prison guards to enjoy day trips. They do not reveal that the photos were taken in November 2004 when she was a remand prisoner at Denpasar police headquarters. It was the first and only time she was allowed out, under guard, after legitimate arrangements were made by her lawyer to meet family. The photos were cropped to exclude the prison guards in attendance. As further 'evidence' that Schapelle bribes guards, Today Tonight showed footage of her being taken to a dentist by Indonesian police, an event that was leaked by the prison to the media.
12th to 13th
Corby's smile was for dentist; Current affairs Corby crossfire; 'Today Tonight' Corby photos slammed by family
News Corp. Seven Network Nine Network
May 07
Date Comments
Exploitation for Prison PR: Another surprise ministerial inspection, with the press in attendance. 15th According to one report, Schapelle agreed to meet the new Justice and Human Rights Minister, Andi Mattalatta, only after being assured there would not be a swarm of media. But, of course, there was. Corby begs minister to set her free; Corby sees funny side of Fairfax life in jail; Corby shows off language skills; Corby takes News Corp. her chance to ask Justice Nine Network Minister for freedom; Schapelle Corby has a laugh;
Section 13
Page 4 - 2
[2007]
Despite the meeting being cordial, the Australian press undermine any positive outcome by reporting that Schapelle has written a scathing book about the Indonesian justice system and life inside Kerobokan. Those reports were in turn covered by the Indonesian press. One report states the only lesson she has learned is how to speak Indonesian. One journalist claims There were laughs all round when Corby and Mr Djaya said she was less uptight about reporters and photographers, some of whom she used to despise. Her life in Kerobokan is misrepresented as happy.
Political Intervention Indonesian Director General of Prisons confirms that Schapelles transfer to a remote prison has been postponed, but that it depends on Indonesian/Australian co-operation continuing in a good manner. This suggests that good political relations will determine the level of misery to be inflicted upon her. The prison governor states that the move was proposed a year ago but the transfer was delayed because of a lack of government funding. However, earlier in the year he was reported as stating that the transfer was a result of the criticisms Schapelle made in her book. Corby to stay in Bali; Corby's jail move cancelled; Corby's move from Bali jail postponed; News Corp. Nine Network
26th
Section 13
Page 4 - 3
[2007]
July 07
Date Comments
Possible Media Intrusion: 10th Schapelles birthday: the family gettogether in the Kerobokan visitor area is covered in detail. 30th
Cake for Corby in jail on 30th Fairfax birthday; Schapelle turns 30 behind bars; Schapelle's prison News Corp. party
August 07
Date Comments
Discrimination & Persecution: The annual two months remission is denied, as the numerous Australian press reports about Schapelles favoured treatment begin having an effect. Schapelle (along with six other women) is caught using a mobile phone. According to the prison governor, Schapelle had the phone for one week before she was caught on July 23, and was placed in isolation for a week as punishment. But then he states: "Corby didn't get a remission because she kept and used a hand phone in her cell. This constitutes two distinct levels of punishment. The prison makes a public show of enforcing rules, though in reality it is only with respect to Schapelle that such rules are rigorously enforced. Widespread corruption and breaches of regulations in Kerobokan continue unabated.
Section 13
17th
Bad girl Schapelle won't have sentence shaved; Bali bomb inmates get jail terms cut, but not Corby; Bali bombers get sentence cuts, Schapelle Corby doesn't; Bali bombers sentence cut; Bombers' sentences cut; Corby misses out on sentence reduction; Corby punished over phone; Mobile phone costs Corby; News blog - Is this fair?; No sentence cut for Corby; Schapelle Corby loses sentence reduction; Schapelle Corby misses out on sentence cut due to phone; Wars of the Rose
Macquarie National News News Corp. Reuters SBS World News Australia Fairfax ABC The West Australian The Bulletin
Page 4 - 4
[2007]
Schapelle Corbys alleged July 23 breach of regulations is referred to several times over the next two years as the reason for either denying remissions or for being less generous with remissions. (see 23 September). Whilst open and clear, this discrimination remains unreported.
December 07
Date
Note Kerobokan prison governor claims that rumours of Schapelle taking money from visitors has prompted him to ask the Australian consulate in Bali to provide a list of relatives, friends and other likely visitors to Corby and members of the 'Bali nine'.
Comments
26th
Hoax grief for Corby and Bali Nine with visits ban; Bali jail to limit visitors after Corby rumours; Money-for-photos hoax cuts jail visits; No glad tidings for Corby on jail term; Web hoax cuts Schapelle Corby's visiting rights
The West Australian ABC Fairfax
Section 13
Page 4 - 5
[2008]
2008
January 08
Date Comments
Possible Media Intrusion: 19th Sian Powell writes a series of extensive interviews in Bali's Kerobokan prison but focuses on the Melasti Three. However, she refers to Schapelle several times. Day by day in a Bali jail News Corp.
February 08
Date Comments
Media Intrusion: Another public relations event is organized by the prison to mark the Balinese holiday, and Galungan and Chinese New Year. The media is present in force, and Schapelle is filmed participating in the event. She is the only person they focus on. She asks the visiting spiritualist how she could learn "to suppress the pain in my heart" and become more patient. Coverage is nationwide. Corby, Lawrence first to use new prison phones; Corby's cell phone saviour; Schapelle Corby gets access to public phone in jail; Schapelle Corby reveals pain; Schapelle Corby's cell phone saviour
Fairfax News Corp.
3rd to 5th
Section 13
Page 5 - 1
[2008]
Possible Media Intrusion: Further Exploitation for Prison PR: Public telephones are installed and the media is invited to publicize the humanitarian breakthrough. Australian media report that Schapelle is the first to use it. Most reports again mention that she missed out on two remissions last year because she was caught with a mobile phone.
2nd to 5th
Corby and Lawrence get line to free world (in the hard copy scans archive); Corby, Lawrence allowed to phone home; Corby, Lawrence first to Photographed, waiting to use the phone, use new prison phones; and using the phone. Schapelle is quoted Corby's cell phone savior; saying: Im very thankful to Ilham Djaya, Schapelle Corby gets access to public phone in jail; head of Kerobokan prison, for making a very good breakthrough which will enable Schapelle Corby reveals pain; me to communicate with my family. I and Schapelle Corby's cell phone my family are certainly glad and I will use saviour this opportunity every Monday. As usual, her life is depicted in a lighthearted way. One reporter writes: she laughed and joked with fellow Australian prisoner Renae Lawrence as they became the first Bali prisoners to use a new jail phone system. The truth is that Schapelle was used to promote the idea of a humanitarian prison: but she was never allowed to use the phone again.
The West Australian Fairfax News Corp.
Possible Media Intrusion: 6th Schapelles Save the whales statement is reported. How was she able to be interviewed?
Save the whales, pleads Schapelle Corby; Save the whales, says prisoner Schapelle Corby
News Corp.
Section 13
Page 5 - 2
[2008]
March 08
Date Comments
Possible Media Intrusion: Exploitation for Prison PR: Indonesia's prisons director general Untung Sugiyono visits the prison accompanied by a media contingent. The media coverage only extends to his meeting with Schapelle. Schapelle sought to use the opportunity to reject more false reports she had been allowed to go on outings from the prison.

Bali Nine, Corby transfer blow; Corby denies jail lunch break; Corby denies lunch outing; Corby 'only let out to go to doctor'; Corby's hopes of coming home dashed; 'I did not escape to dinner'; Indonesia opposes prisoner transfers for drug criminals; Prisoner transfer hopes dealt blow (1); Spotted in a restaurant? Not me, says Corby
News Corp. Sunday Times Fairfax
10th to 11th
April 08
Date Comments
Possible Media Intrusion: Exploitation for Prison PR: At a farewell ceremony for the popular jail boss Ilham Djaya, the press is again present in force and again focus only on Schapelle. Djaya is being transferred to another jail. It is reported that Schapelle is desperate to go home as soon as possible, joking with the departing Bali jail governor that she "would like to be leaving" with him. Djaya says Schapelle is a "Tamping" in charge of handicrafts, but then he says she should be considered for the role of Tamping or another role called Pemuka. The issue is never mentioned again. Corby desperate to come home; I just want to go home, says Schapelle; Prison job could cut Corby's jail time; Schapelle Corby 'could work her way free'; Schapelle Corby weeps as jail boss leaves her behind; Schapelle Corby weeps for home;
News Corp. Fairfax
21st to 22nd
Section 13
Page 5 - 3
[2008]
June 08
Date Comments
20th to 28th
Appeal loss 'broke Corby'; Corby has lost hope, says Media Harassment: mum; Corby has lost weight Breach of Confidentiality (prison staff, and hope: mother; Corby on hospital doctors) mend as doco sheds new light; While Schapelles sister is in Australia to Corby soap opera - sordid little defend herself in a defamation trial, drama that keeps on giving; Schapelle rapidly loses weight. At the Corby still has the blues; Corby insistence of her mother, she is suffers 'total mental examined by doctors and is found to disturbance'; Corby's dark cell have severe depression. She is of depression; Depressed and transferred to a public hospital for lifelosing weight fast; Depressed saving treatment on 20th June. Reporters Corby taken to hospital; Doctor stake out the hospital and take up fears for 'suicidal' Corby; vantage points for photographs. Every Schapelle Corby admitted to conceivable scrap of information about hospital; Schapelle Corby her illness and her treatment in hospital admitted to hospital with is openly reported to the press and depression; Schapelle Corby receives nation-wide media attention in hospitalised for depression; Australia. Schapelle Corby hospitalised in Bali (1);
Nine Network News Corp. Seven Network APN News & Media (NZ Herald) Fairfax SBS
July 08
Date Comments
Media Harassment Whilst Under Supervision By Prison Guards: 2nd to 9th Still undergoing treatment in Sanglah hospital, Schapelles doctors allow her to visit the beauty salon and gift shop located on hospital grounds (escorted by armed guards) in an attempt to restore her shattered self esteem.

Australian convict Corby visits Bali beauty salon; Australian Corby spotted in Indonesian beauty salon; Blues batter Schapelle Corby; Corby allowed to go to beauty salon (1); Schapelle Corby appeal to move to low-security jail rejected;
Fairfax AFP Reuters News Corp.

Page 5 - 4
Section 13
[2008]
She is harassed by reporters, and once again, pictures and stories receive nation-wide media attention in Australia. The attention results in Schapelle being reprimanded by authorities. Although her psychiatrist warns she has suffered a total relapse as a result of the harassment, another doctor declares she is getting better and she is returned to prison. Tipped off about her release (9th July), a large crowd of reporters gathers at the hospital, forcing her sister to shield her from cameras. The fracas receives nation-wide media attention in Australia.
Corby leaves prison for beauty salon; Corby ready to go back to jail doctor (3); Corby relapses after beauty salon visit; Corby to mark 31st birthday in Bali jail (1) & (2); Improved Schapelle Corby back in jail cell after depression; Inmate spotted in beauty salon; Mercedes' anger as Corby goes back to jail; Mercedes Corby in angry outburst over sister Schapelle; Sad Schapelle Corby snapped in beauty salon; Schapelle Corby leaves her hospital bed for a beauty salon; Schapelle Corby leaves prison for beauty salon; Schapelle Corby returns to Kerobokan jail after treatment; Schapelle Corby suffers depression relapse; Schapelle Corby suffers relapse; Schapelle Corby 'suffers relapse'; Schapelle's shampoo session.
Nine Network SBS The Calgary Herald (Canada)
Media Intrusion & Harassment: Supporters send Schapelle flowers and a card for her birthday, but a local freelance journalist intercepts the florist, reads the card and publishes the message, which receives nation-wide media attention in Australia.
10th to 11th
No birthday party for Schapelle Corby in Bali jail; Pizza and white roses for Schapelle Corby, 31 today; Schapelle Corby takes mint slices and teddy back to jail; Schapelle Corby turns 31.
News Corp.
Section 13
Page 5 - 5
[2008]
August 08
Date Comments
Media Intrusion & Breach of Confidentiality By Prison Doctor: During a pre-Independence Day prison celebration, Schapelle is photographed, and again her every word and action is reported by media, who have been invited to the event. A local journalist speaks to her and then reports the conversation to Australian media who report that she told others she was not sick. She is described as all smiles; an enthusiastic spectator; laughing; singing and swaying to the music; looking healthy and happy. The prison doctor reported on her health status. Everything receives nation-wide media coverage in Australia. Photographs taken of a happy-looking Schapelle are used repeatedly over the following years, for equally false reports.
11th to 12th
Bail jail life a laugh for drug smuggler Schapelle Corby; Black cloud of depression lifts for Corby; Corby joins in prison fun; Fun and games for happier Schapelle Corby.
News Corp. Radar Bali
December 08
Date Comments
Possible Media Intrusion: Exploitation for Prison PR: 11th to 13th The prisons new governor, Yan Suharyono, inaugurates a two-day island-wide prison tennis competition, the Department of Law and Human Rights Tennis Open. Bali Nine make a tennis court appearance in Indonesian jail; Bali Open? No, it's tennis on death row; Corby, Lawrence in line for Christmas cheer;
Title of source articles
Publisher
Section 13
Page 5 - 6
[2008]
Suharyono said his intention was to improve relations between the prisoners and the guards, yet he invites the media. Most reports state Schapelle did not leave her cell but the media still comment disapprovingly about her non-show (the main attraction did not appear). The prison governor is left to provide information. He says she is feeling much better. "She's socialising now, she's mingling with the others." A prison officer said that most of the Australians inside enjoyed playing tennis regularly, except for Schapelle Corby. The truth is that women prisoners have no access to any sports facilities. News Corp reports proclaim: Schapelle Corby photographed smiling in Kerobokan Jail, but the accompanying photo dates from February 2008 before her breakdown. A journalist manages to photograph Schapelle from a distance and shouts questions to her when she emerges from her cell to meet her visiting sister. Schapelle is described as healthier, happier looking and smiling but made no comment when asked about her welfare. Jail authorities report she is now better physically and psychologically, has put on weight, cries much less, and has good friends in other prisoners. The journalist acknowledges Schapelle was helped back to her cell by other prisoners after her sisters visit to avoid waiting media, but she obviously could not avoid that particular journalist. A prison officer is reported saying: "She is not crying like before and she looks happier, she looks normal like the other prisoners. The jail's doctor, Agus Hartawan, says Schapelle is still being prescribed psychiatric medication but was no longer being regularly treated by a psychiatrist.
Section 13
Schapelle Corby photographed smiling in Kerobokan Jail (1); Schapelle happier but lips sealed.
News Corp. Fairfax
Page 5 - 7
[2008]
"She is not crying and depressed any more like she was before," he said, adding that her medical condition had improved. All of which presents a rosy picture of improving health in a humane correctional facility, but it later emerges that, in reality, all this is entirely false, and is nothing more than public relations spin.
Media Intrusion: Prisoners are again used to improve public image of prison. Despite Mercedes Corby's interview published the day before, in which she dismisses reports that Schapelle is coping well, the Australian media publish a series of glowing articles about her improvement after they are invited to view prisoners in church. There is again a hint of disapproval and disappointment that Schapelle was not present or available for comment.
16th
Christmas far from merry for Bali Nine at Kerobokan Jail
News Corp.
Media Intrusion: A News Corp journalist pens a report about Schapelles Christmas wish. The article is accompanied by a photograph of Schapelle in prison and by the following text: 19th Tomorrow's Daily Telegraph newspaper will also detail the Christmas plans of convicted killer Gordon Wood, the courageous Lauren Huxley, as well as Hugh Jackman, Nicole Kidman, Candice Falzon, Lara Bingle and many more. Don't miss it. The article is also accompanied by the usual readers cruel comments. Schapelle Corby's Christmas wish News Corp.
Section 13
Page 5 - 8
[2008]
Media Intrusion: The prison invites the media to a ceremony to announce the winners of the Christmas Day sentence remissions but all attention is on Schapelle: what she does and says, who she speaks to, what she thinks, what her family bring for her to eat. Schapelle attends the ceremony but is denied the Christmas remission. Her visiting family is interviewed and their gifts for her are described in detail. A prison official confides: "She came with a magazine with [her sister] Mercedes on its cover ... showing it to the reporters there. Extending the PR further he also claims that she took a photo of a reporter using the reporter's camera.
25th to 26th
Corby misses Christmas sentence reduction; Corby shows off saucy sister, but no sentence cut; Schapelle Corby ABC misses out on Christmas sentence cut; Schapelle Corby News Corp. shows off sister Mercedes' strip pics; Schapelle Corby's accessories for Mercedes' Ralph shoot; Snapper Corby's fifth jail Christmas.
Section 13
Page 5 - 9
[2009]
2009
May 09
Date Comments
Exploitation for Prison PR, Media Intrusion It is reported that Schapelle and other inmates have made a proposal to set up a beauty salon inside the prison to train inmates and open a shop at the jail entrance to sell handicrafts to the public. The Australian press use this opportunity to further ridicule: Schapelle Corbys new job a lengthy jail perm and Beauty school for jailbirds and similar. 9th to 13th Many inaccuracies and falsehoods are again published. For example, Schapelle is incorrectly described as a senior prisoner in charge of a group of women, a role which has never been granted to her. Kerobokans chief warden allows a freelance journalist into the prison specifically to film an interview with Schapelle Corby about the beauty parlour proposal. Ms Corby is ordered by the warden to comply with the interview and given only a few minutes to prepare.
Section 13

Schapelle Corby wants a prison parlour Schapelle Corby to realise her dream in jail Schapelle Corby wants to open beauty salon inside Bali's Kerobokan jail Schapelle Corby wants to set up beauty parlour in jail Schapelle wants salon behind Bali bars Corby's jailbird beauty bid Interview with Schapelle Corby - 11 May 2009 (video) Schapelle Corby loses hope of early release from Bali prison Schapelle Corby's life in Bali's Kerobokan jail Schapelle Corby finds beauty within the four walls Schapelle Corby's teary breakdown behind bars Strain shows on Schapelle Corby True beauty on the inside Will beauty salons in the
Page 6 - 1
News Corp.
[2009]
The reporter describes the interview as a rare glimpse inside the jail but in reality such intrusions on Schapelle's privacy and dignity are commonplace. Nothing more is heard of this proposal.
prisons soon become the norm?
Media Harassment, Breach of Confidentiality/Trust On the evening of 22nd May, Schapelle is taken to a police hospital for psychiatric treatment. A day or two pass before the first stories are published. Even though she is kept under armed guard, hospital pictures appear in the Australian press. Schapelle's psychiatrist, Dr. Denny Thong describes her condition as serious but her prison doctor, Agus Hartawan, is unable to give a comment based on his own observations. He quotes Schapelle's cellmates: "According to her cellmates she doesn't sleep at night. Sometimes she is blank. Sometimes she just hangs around the cell, sometimes she forgets about things. Sometimes she forgets to look after herself, has bad dreams." He suggests Schapelle may be responsible for her condition because she does not appear to be taking her medication. Note that Schapelle is dependent on other inmates to administer her antidepressants. Dr Thong says he will advise prison authorities that Schapelle needs to be in a psychiatric hospital.
Section 13
Depressed Schapelle Corby rushed to hospital Schapelle Corby rushed to hospital suffering depression Schapelle Corby mum's Bali hospital dash Schapelle Corby paranoid, clutching doll in Kerobokan jail Corby 'clutching doll' in jail Schapelle Corby paranoid and under psychiatric care 'Very sick' Schapelle Corby signs new lawyer Schapelle needs mum's love Schapelle confused with teddy Schapelle Corby confused, in pigtails, clutches teddy bear Schapelle Corby moved to civilian hospital in Bali Sick Corby moved to psychiatric ward Corby in another hospital Corby must not die in Bali Schapelle Corby paranoid and 'too ill' for jail
Page 6 - 2
22nd to 31st
News Corp. Nine Network
[2009]
The prison doctor, prison staff, fellow inmates and hospital staff are all sought out for comments and information to flesh out news reports. 27th May: The prison governor decides to transfer Schapelle to a public hospital and journalists wait outside to catch Schapelle when she is moved. Schapelle's breakdown has occurred during a brief period of media-fuelled hysteria surrounding another Australian woman arrested overseas a few days before. In response, the politician who was Australias Minister for Foreign Affairs during Schapelle's trial in 2005, Alexander Downer, writes an opinionpiece condemning all Australians in trouble overseas as idiots. He writes: At the height of the Schapelle Corby affair I received 5000 emails in one day from fellow Australians pleading with me to save "our Schapelle" from the horrors of the Indonesian legal system. Or, to be a bit more honest, the few I looked at said that.
Schapelle Corby taken to hospital for psychiatric treatment Schapelle Corby in hospital in 'deep despair' Corby 'improving, may return to jail' Corby on her own Corbys plead for Rudd to deliver Corbys want Rudd to deliver on promise 'Fair way to go' before Corby can return 'Fair way to go' before Corby returned Idiot Aussies - Grow up and take responsibility Look after yourselves overseas - Alexander Downer
June 09
Date Comments
Exploitation For Prison PR Freelance journalist, Alan Shadrake, a regular visitor to the prison, writes an account of Kerobokan which pronounces: Kerobokan prison ... holds some of the most notorious drug smugglers in the region, but life there is no hardship.
2nd
Paradise Lost (The Expat Magazine) (PDF)
The Expat Magazine
Section 13
Page 6 - 3
[2009]
He describes Schapelles previous breakdown (2008) using terms like "fellow inmates were aware of the ruse", and even refers to her eating out in restaurants. It features a photograph of Schapelle Corbys comfortable cell which she shares with one other inmate. The truth is that it is not her cell at all, and her number of her cellmates fluctuates continuously from five to a dozen or more. Note also Shadrakes other contributions.
Media Harassment, Breach of Confidentiality Late in the evening prison officials enter Schapelle's hospital room and tell her she will be returned to the prison immediately. No prior notice was given to Schapelle, but the media were certainly notified because they are present and waiting when Schapelle emerges from her room. The scene is described as angry and chaotic but there is no evidence of that in the footage broadcast nation-wide on Australian TV. There is, however, evidence that Schapelles mother Rosleigh is herself on the verge of a nervous collapse during an altercation filmed with a hidden camera inside the hospital. The video receives nation-wide coverage in Australia. On the first day of Schapelle's return to prison a Dr. Nyoman Ratep, frequently and incorrectly described as her doctor, says her condition improved during her stay in hospital but she is still sick. He says that he and his team would be happy to visit her in jail.
Schapelle Corby still depressed doctor Schapelle's mum feeling the strain Schapelle Corby returned to prison (video) Judith Lucy on Rove Live (Video) She's paranoid, delusional and a danger to herself - Woman's Day - 15th June 2009 - p. 1617 Nine Network TEN Network
3rd to 4th
[2009]
Her actual psychiatrist, Dr. Denny Thong, appears to have been kept away from his patient during the last week of her stay in hospital. Ratep concludes his medical advice with: If she thinks too much about her detention, she will become desperate.
July 09
Date Comments
Exploitation for Prison PR, Media Intrusion 9th Schapelle has cut her hair and is photographed without her knowledge. The prison governor comments approvingly about the event. The story receives nation-wide coverage in Australia. Schapelle Corby cuts hair ahead of 32nd birthday Schapelle Corby gets shorter hair for her birthday News Corp
August 09
Date Comments
Media Intrusion Just prior to this date, news reports state that Schapelle climbed a water tower and had to be coaxed to safety. 3rd However, there are no enquiries from Australian authorities regarding her welfare. Kerobokan Prison holds the opening ceremony of a week-long sports carnival to mark Independence Day celebrations.
Section 13
Has Schapelle Corby gone mad? Her family thinks so Schapelle Corby climbs jail tower, family says she's struggling
News Corp.
Page 6 - 5
[2009]
The media is invited to attend and they report that Schapelle stayed in her cell and did not participate. Her visiting family is interviewed and photographed. The story receives nation-wide coverage in Australia.
Exploitation for Prison PR, Discriminatory Sentence Remission It is now more than two years since the mobile phone incident. In 2007 prison authorities explained that Schapelle would be denied any remissions that year because she broke the rules. Now Corby and Lawrence in line for it is announced that she will receive a sentence cuts reduced sentence remission due to that Corby in line for sentence cut same incident. Corby, Lawrence given One report quotes a jail official who says Schapelle behaved well in prison sentence cuts but received a lesser reduction for Drug traffickers Schapelle allegedly keeping a mobile phone in her Corby and Renae Lawrence jail cell. Several reports make the same have jail sentences cut claims, creating the false impression Schapelle Corby, Renae that it is a recent and new offence. Lawrence get sentence cuts in In other reports, the same jail official Indonesia confirms that Ms Corby followed the Sentence cut for Oz drug rules and was not defiant towards runners jailed in Bali prison staff. An Australian journalist, Tom Allard, states: Corby has missed Sentence cuts for Lawrence, out on remissions due to her poor Corby behaviour in Kerobokan that has Schapelle Corby turns her included bringing a mobile phone into back on jail party the prison. The story receives nationwide coverage in Australia. On the same day, two womens magazines publish articles, one containing prison PR and the other a report on Ms Corbys mental condition (see 24th August below).
News Corp. Nine Network Australian Broadcasting Corporation The Standard (HK) Fairfax Media
16th to 18th
Section 13
Page 6 - 6
[2009]
Exploitation for Prison PR Womans Day (on sale 17th August) publishes an article by Alan Shadrake about Renae Lawrence, another inmate of Kerobokan. It features a photograph taken without Schapelles knowledge of Lawrence apparently 'caring for her'.
Schapelle would be dead without me (Womans Day);
17th to 31st
Bring Schapelle Home - Or She'll Die (New Idea) pp. 1418; Schapelle Corby 'hanging by a thread'; Corby will die if not moved: family (1) & (2); Glossy Mag Insanity; What Lawrence claims the prison appointed her to care for Schapelle, and that she makes Schapelle Corby so special? - Hinch interviews has been secretly caring for her for a Downer (Radio 3AW) (audio); year. She claims Schapelle's family New Fears For Schapelle welcomes her help, but she does not Corby; Schapelle Corby reveal that her role involves clinically insane; Schapelle administering anti-depressant drugs Corby clinically insane, says prescribed by Schapelle's doctor. psychiatrist; Schapelle Corby Lawrences carer role was actually diagnosed as clinically insane short-lived because the drugs were not (video); Schapelle Corby is always administered. Those facts are 'clinically insane' - psychiatrist not revealed in Shadrakes article. (video); Schapelle is insane, Australian doctor claims, Corby A few days after the publication of the family want her back in Womans Day article, New Idea Australia; Corby 'hanging on by magazine publishes an extensive a thread'; Psychiatrist: feature in which a leading Australian Schapelle Corby insane; psychiatrist, Associate Professor Dr Corby has gone insane, Jonathan Phillips, discusses psychiatrist says; Corby is Schapelles deteriorating mental insane, says top shrink; Corby condition. should be jailed in Oz: Bligh; Dr Phillips expertise and ethics are Premier backs calls to bring beyond reproach, and he has a long Schapelle Corby back to and extremely distinguished career, but Australia; Corby won't survive within a few days his diagnosis is Bali jail, psychiatrist warns; Dr. disputed by the 'prison doctor', Agus Louise Newman interviewed re Hartawan. Incredibly, the Australian Schapelle Corby (Radio 6PR) media support the prison doctors (audio); Neil Mitchell interviews attack by implying the reports Professor Phillips (Radio 3AW) truthfulness is questionable, because (audio); Simon Beaumont the doctor received a fee (which is not interviews Tony Wilson (Radio true) or they simply accuse Schapelle 6PR) (audio); Schapelle Corby of faking her illness. 'insane', could die; Lockerbie Other Australian commentators suggest release hurt Corby; Bali doctor hits back over Corby that Schapelle is unworthy of any diagnosis; Corby is fine, says humanitarian consideration. Bali prison doctor (1) & (2); New Corby diagnosis; Roy
Womans Day New Idea Fairfax Media Seven Network News Corp. APN News & Media Fairfax Radio 6PR (Perth) Fairfax Radio 3AW (Melbourne) Nine Network CNN
Section 13
Page 6 - 7
[2009]
Dr Phillips is forced to defend himself. So much attention is focused on the veracity of his diagnosis that none of the previous reports by other psychiatrists, such as Dr. Denny Thong, or anecdotal evidence from fellow inmates such as Renae Lawrence, are considered as evidence that Schapelle really is seriously ill.
Reeves interviewed by Derryn Hinch (Radio 3AW) (audio); Schapelle Corby Insane or faking it? (video); Schapelle Corby discussed on TV talk show (video); Schapelle 'saw hanging': author; Schapelle's served her time; How many other Schapelle Corbys are there?; Misplaced sympathy is maddening; Kevin Rudd gives Schapelle Corby a raw deal; Prisoner Going Insane (CNN) (video); Doctor confirms Corby condition; Schapelle Corby not the only Aussie languishing in foreign jail; Bali Billy to the rescue; Mankind has much to learn from wild animals; Corby relying on prisoner transfer agreement; Kevin Rudd interviewed on Radio 6PR (audio); Transcript of Kevin Rudd interviewed on Radio 6PR
September 09
Date Comments
Media Harassment and Misrepresentation WHO magazine contains yet another story by freelance journalist Alan Shadrake. The article makes extensive use of the opinions of Shadrake Five Years On And No End In acquaintance Kay Danes, who says Sight (WHO magazine) (PDF) that Schapelle should get on her knees and beg for clemency, and former Foreign Affairs Minister Alexander Downer, who says the tactic of publicly declaring Schapelles insanity is an incredibly bad strategy
25th
WHO magazine
Section 13
Page 6 - 8
[2009]
October 09
Date Comments
Exploitation For Prison PR Kerobokan Prison governor offers his diagnosis of Ms Corbys mental health even though he has no psychiatric training. He says she is "just fine" and is joining in activities with other prisoners. Schapelle Corby marks five years in jail
7th
News Corp.
November 09
Date Comments
Intimidation, Exploitation For Prison PR Womans Day magazine publish another story by Alan Shadrake titled 'The Whole Prison Is Out To Get Her'. Shadrake claims Schapelles life is now at risk due to the publication of a book called Hotel Kerobokan, which exposes the conditions in the prison. Even though the book was published only four days earlier, the article claims her supporters are concerned about retribution. No supporters are interviewed, and there is no reference to the actual retribution or torment, which she has actually suffered for a number of years. However, the ongoing persecution is referenced indirectly by Renae Lawrence ... this will make her more unpopular with the guards ... They dont like her because to them shes a troublemaker. And they could easily get back at her in different ways, making her life even more nightmarish.
The Whole Prison Is Out To Get Her (Womans Day) pp. 10-12 Corby biographer Kathryn Bonella may take Woman's Day to court Kerobokan Prison - inside Schapelle Corby's hell on earth Hell in the heart of paradise Womans Day News Corp. TVNZ
2nd to 14th
Section 13
Page 6 - 9
[2009]
Subsequent comments by the prison authorities reveal their intense anger at the revelations in Kathryn Bonella's book. Schapelle is frequently associated with it by the prison authorities, as they seek to undermine it.
December 09
Date Comments
Discriminatory Sentence Remissions Schapelle's sentence remissions are yet again affected by the 2007 mobile phone incident. Yet again, there is no protest from Australian authorities. 14th One news item also describes Schapelle inaccurately as criminally insane but no such term was used by the psychiatrists who have examined her. News also breaks that the frequently mooted Prisoner Transfer Agreement is going nowhere and is far from completion. Blow for Australian prisoners in Indonesian jails News Corp. Sentences cut for Corby, Lawrence Nine Network
Media Intrusion Undermining Of Clemency Application Without confirmation from those involved, an Australian journalist speculates that Schapelles lawyers are planning a clemency bid based on humanitarian grounds, But unlike other clemency pleas, there will be no acceptance of guilt. Clemency plea for ill Schapelle Corby (Sky News) (video) Clemency plea for ill Schapelle Corby Fresh Schapelle Corby clemency bid
20th to 22nd
News Corp. Seven Network
Section 13
Page 6 - 10
[2009]
The point about confession will be repeated frequently during the next 12 months, effectively creating an issue where no issue existed previously. It is likely that news of the clemency application was provided either by the prison authorities or local judiciary. Another report speculates irresponsibly regarding Ms Corbys lawyer's thoughts: ... a five-year discount thought to be attainable and hoped for even 10 years. But the journalist admits But neither the lawyer nor her family have been keen to talk about the new strategy for fear of undermining their bid.
Schapelles sixth jail Christmas looms Corbys Christmas Wish
Section 13
Page 6 - 11
[2010]
2010
January 10
Date Comments
Exploitation for Prison PR Media Intrusion 5th Kerobokan Prison authorities invite the media to a belated Christmas celebration As usual, Schapelle's nonappearance is noted, but what the media fail to acknowledge is that it is their presence which actually keeps her in her cell. Christmas celebration comes late for the Bali Nine News Corp.
Media Intrusion, Exploitation for Prison PR On 11th January controversy erupts in Indonesia when a surprise prison inspection discovers that several wealthy female inmates are enjoying luxurious lifestyles. 12th to 14th The next day (12th), a pack of photographers and journalists are allowed into Kerobokan Prison. Their visit is unannounced and unexpected by inmates and their families. They make a beeline for Schapelles cell and enter without warning. While Schapelle attempts to hide from the cameras, journalists go through her personal possessions and take photos.
Section 13
Indonesian Government embarrassed over prison perks; Indonesia inmates buy jail luxury (video); Jail Birds (video); Inside Schapelle Corby's Bali cell (video); Corby lashes out at media in prison; Inside Schapelle Corby's jail cell hell; Inside Schapelle Corby's Bali cell Lawrence denies help for Bali Nine member facing death sentence; Change of heart on death appeal as Corby lashes out (article with video embedded); Lawrence not willing to testify; Father
News Corp. Fairfax Media Nine Network (NBN News)
Page 7 - 1
[2010]
The story receives nation-wide coverage in Australia, but as ever there is no protest from the Australian government about this latest breach of human rights.
defends drug mule daughter Renae Lawrence (video); Schapelle's prison breakdown New Idea - 23rd January 2010
Exploitation for Prison PR The publication of Hotel Kerobokan remains a thorn in the side of the current prison governor, who continues to allow regular media access to the prison in an effort to discredit the book. Due to Schapelles long-term unwillingness, and now her inability, to be interviewed, the Australian media turns to the Bali Nine for glowing accounts of life in Kerobokan. Frequently, however, although journalists state that the purpose of their visit is to interview a particular prisoner, such as one of the Bali Nine, Schapelle is accosted and her words, appearance and behaviour are reported instead.
23rd to 24th
Lives transformed in shadow of death Hope gone, Corby escapes her Fairfax Media Bali cell to a world of fantasy Lawrence protector of Corby
February 10
Date Comments
Prison Intimidation Australian and other Western inmates in Kerobokan prison are asked to sign a Bali prisoners forced to sign statement denying negative accounts statement about the jail. Letters to the Editor - It's still "We were not forced to sign, we were happening asked, but it would be absolute suicide to say no. You'd have to be stupid. Everyone signed.
15th
News Corp.
Section 13
Page 7 - 2
[2010]
March 10
Schapelle Corby submits an application for clemency based primarily on humanitarian concerns about her mental health.
April 10
Date Comments
Exploitation for Prison PR, Media Intrusion On 14th April, an Australian journalist is granted permission to enter the prison and he heads for Schapelles cell with a cameraman. He does not find Schapelle in her cell but films it regardless. Schapelle takes refuge in a toilet, with the aid of fellow prisoners, as her belongings are filmed. He goes on to interview the Prison Governor and fellow prisoners, including Renae Lawrence, who all claim that Schapelle is fine. Schapelle is so traumatised by the intrusion that she is inconsolable and asks her mother the following day to allow her to end it all. Despite protests to the Nine Network by humanitarians from across the world, the story goes online and on-air the next day. The story receives nationwide coverage in Australia but as usual there is no protest from the Australian government.
14th to 15th
Nine Network
Section 13
Page 7 - 3
[2010]
May 10
Date Comments
Witness To Prison Abuse Australian man, Robert McJannett, is released from Kerobokan after serving five months for drug offences. When he arrives home the next day he implores the Australian govt to bring Schapelle home. "For the past five months, I have 28the to 30th witnessed blackmail, bribery and corruption on an unprecedented scale. It is clearly not possible to receive a fair trial in the Bali justice system," he told reporters. He said he has seen her being repeatedly bullied and mistreated. The Australian government ignore his substantiated allegations.

Bring Schapelle home - Bali ex-prisoner Bring Schapelle Home (Sky News) (video) Government urged to 'bring Schapelle home' Airport Outburst (Nine News) (video) Perth man home after stint in Bali jail Robert McJannett calls for Schapelle Corby to be sent home Nine Network Fairfax Media News Corp. (Sky News) ABC
July 10
The Supreme Court forwards Ms Corby's clemency application to the Indonesian President on Monday, 26th July.
August 10
Date Comments
Hostile Public Remarks By Prison Official 15th Kerobokan Prison allows journalist Tom Allard into the prison to interview members of the Bali Nine.
Section 13
Page 7 - 4
[2010]
In a chance encounter with Schapelle he interviews and photographs her, describing her appearance and behaviour. His article reveals details of a report written by Kerobokan jail boss Siswanto. The report covers the entire six years of Ms Corbys imprisonment and accuses her of repeatedly breaching regulations and failing to take part in rehabilitation activities, and accuses her allies in the media of printing ''lies'' about conditions in Kerobokan. The story receives nationwide coverage in Australia.
Corby in a world of fantasy as she awaits final appeal It's time to bring Corby home poll
Fairfax Media
Hostile Public Remarks By Unqualified Prison Official Despite the report, on Independence Day Schapelle receives the biggest single cut to her sentence so far: 5 months remission. She remains in her cell to avoid the media. One journalist claims she shunned the celebration. An Australian TV report Bali Nine convict Scott Rush to announces that Siswanto does not appeal death sentence today believe Schapelle is suffering from Corby could be out of prison in mental illness. little more than four years A senior prison official confides that, Corby plea suffers a blow beginning next year, Schapelle (video) would benefit from accelerated remissions which could amount to 8 months a year. In truth, these potential remissions have existed since her final appeal was dismissed in January 2006: but she has received only 17 months of remissions to date. The story receives nation-wide coverage in Australia.
News Corp. Fairfax Media TEN Network
17th to 18th
Section 13
Page 7 - 5
[2010]
October 10
Date Comments
Hostile Public Remarks By Unqualified Prison Official In August the Australian media had publicised the Kerobokan Governors report about Schapelle Corbys behaviour and his opinion that she was not mentally ill. 14th Today the ABC broadcast these issues as fresh news, with a new interview with the prison governor. The claim that she is faking her illness is syndicated widely at the worst possible time in terms of her clemency application. The story also received coverage in Indonesia.

Corby accused of faking mental illness; Corby's clemency chances dealt a blow; Corby's clemency chances receive blow (1) & (2) Corby's sentence may not be cut (ABC News) (video); Jail governor says Schapelle Corby's deviant behaviour is damaging her bid for clemency Officials ruling on Corby's mercy bid consider bad behaviour; Schapelle Corby's clemency chances receive blow as governor says she's faking illness.
ABC The West Australian Fairfax Media Nine Network News Corp.
November 10
Date Comments
Media Intrusion Physical Abuse The Australian media are again given access to the prison, causing acute distress. Schapelle Corby is filmed in a disturbed state, and is roughly manhandled by a number of guards. Photographers and cameraman pursue her as she is taken to her cell. Corby's dramatic performance (video) Corby continues battle for clemency (video) Nine Network Channel Seven
2nd
Section 13
Page 7 - 6
[2011]
2011
June 11
Date Comments
Media Intrusion Channel Nine show intrusive footage of Schapelle Corby in a state of distress, as she is pursued and violated by a photographer within the prison. Reports of the scene are repeated throughout the Australian media.
24th
Corby lashes out at photographer
Nine Network
Note that in September 2011 reports emerged that Schapelle Corby had attempted suicide via an overdose of her own psychotic medication. She was refused access to hospital treatment, despite having consumed over a weeks supply of the drugs. Again, the Australian government did not intervene.
Reminder: This log documents only open and public abuses
Appendix - The Related Media Articles: A PDF of the media articles referred to in the Timeline Of Abuse can be viewed on the Expendable.TV website or the CD.
Section 13
Page 8 - 1
End of Section 13
SECTION 14
The Abuse And Failure Of The Freedom Of Information Act With Respect To The Schapelle Corby Case
CONTENTS
1. Introduction 2. The Australian Broadcasting Corporation (ABC) 3. The Customs & Border Protection Service 4. The Commonwealth Director Of Public Prosecutions (DPP) 5. The Department of Foreign Affairs & Trade (DFAT) 6. The Department of Infrastructure & Transport 7. The Australian Communications and Media Authority (ACMA) 8. The Prime Minister's Department 9. The Australian Federal Police (AFP) 10. Summary & Conclusions
[Introduction]
1. INTRODUCTION
In Australia, the Freedom of Information Act is presented as the vehicle to enable the public to access information held by the government. It is styled as follows: "The objects of the Freedom of Information Act 1982 (the FOI Act) are to give the Australian community broad access to information held by the Government by requiring agencies to proactively publish certain information and giving citizens a right of access to Government held documents. Information held by the Government is to be regarded as a national resource and treated accordingly." (Attorney-General's Department) "The Commonwealths FOI Act applies only to the federal public sector." (Department of the Prime Minister and Cabinet) Access to information, through the FOI Act, has been heralded by a number of politicians as a fundamental principle of democratic freedom. SCHAPELLE CORBY It is difficult to imagine a more clear case of a citizen in desperate need of access to information held by government. As revealed by The Expendable Project, and earlier research, the Australian government was central to a substantial series of events which are disturbing in the extreme. Formal Freedom of Information requests were therefore made, on her behalf, to a variety of federal departments and agencies. However, as the following sections will demonstrate, they used a variety of means to deny Schapelle Corby access to material about herself, including information which may have been critical to her welfare and the protection of her human rights. Whilst these measures were initially ad hoc, and generally conducted on a department by department basis, it became increasingly clear that a degree of collusion was developing. The net result was that, in practice, Schapelle Corby's legal rights to access information were denied. In this most pressing of cases, the Freedom of Information Act was shown to be nugatory, and subject to pre-meditated and systemic abuse.
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[The Australian Broadcasting Corporation]
2. THE ABC
The ABC is part of the federal public sector, and is thus demonstrably within the provision of this legislation. However, when a formal Freedom of Information request was submitted on behalf of Schapelle Corby, late in 2010, the following response was forthcoming:
The ABC had simply exempted itself from the Freedom of Information Act.
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[The Australian Broadcasting Corporation]
In response to a complaint about this, they elaborated as follows:
However, as the ABC broadly exist to produce and broadcast programs, all the information they hold must therefore be "program-related material", which is thus, according to them, exempted. The ABC even refused to provide a list of the material it held:
This provision alone makes it impossible to challenge any specific decision regarding disclosure, as only ABC personnel are aware of the actual material which exists and has not already been destroyed. The ABC simply exempted itself from providing any information at all. With respect to Schapelle Corby, they exempted themselves from the Freedom of Information Act, and effectively, from Australian law. Consequently, the ABC is free to state whatever it wishes, and hold and use any information whatsoever, in absolute secrecy. This applies regardless of the nature of the information, embracing wholly false and politically or maliciously created data. The ABC is wholly unaccountable with respect to Schapelle Corby.
STRATEGY & APPROACH ADOPTED The ABC exempted itself entirely from the Freedom of Information Act.
.
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[Customs & Border Protection Service]
3. CUSTOMS & BORDER PROTECTION

By 2011 Schapelle Corby's serious mental illness was well known. She had been diagnosed by one of Australia's most eminent psychiatrists in 2009, and stories of her deterioration regularly appeared in both print and broadcast media. Mercedes Corby was therefore granted Power of Attorney over her affairs. The official documentation confirming this accompanied all FOI requests. Customs' opening gambit was to ignore this, and instead, place new and difficult requirements upon both Mercedes and Schapelle Corby, in order to proceed:
Mercedes Corby was forced to try to explain to her mentally ill sister that she needed to sign a consent document, in relation to matters which she almost certainly did not fully comprehend.
However, having jumped through the hoops, the outcome was as follows:
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Customs claimed that they had identified just 11 documents. This was confirmed again in an email dated 1st March 2011:
The 11 documents listed were not of huge significance, and were largely public domain. However, it was already known that Customs held a substantially greater number of documents than this. A simple check of materials obtained through other channels readily identified a number which were omitted, including extremely significant items such as the following, a letter in which the minister for Justice and Customs discusses primary evidence which was withheld from Schapelle Corby during her trials:
One would assume that significant correspondence between a Minister of State and the Commissioner of the Australian Federal Police, relating to the role of Customs at Sydney airport, would be retained and archived, and never deleted. One would also assume that this correspondence would be held within Customs itself. Equally, given its gravity, one would assume that it is filed and accessible. Another example follows, this time to a party external to the government:
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It is thus difficult to understand why this would not be held within the department pertinent to the issue, which Christopher Ellison was the minister for. Equally, it is difficult to comprehend how even a cursory search could overlook this, as well as other correspondence and material like it. A complaint was thus lodged, and an internal review requested, as confirmed below:
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The outcome remained unchanged. STRATEGY & APPROACH ADOPTED Critical and important material, which was known to exist, was not provided or acknowledged. Barriers and hurdles were created, including the disputing of legal documentation which was witnessed by another government department.
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[The Director Of Public Prosecutions]
4. DIRECTOR OF PUBLIC PROSECUTIONS

As with several other departments, the DPP's first attempt to divert the FOI request was to contend the legal documentation provided:
Like the other departments, this was done with full knowledge of Schapelle Corby's serious mental illness and grave circumstance. It should be noted that the POA is a formal legal document, and was confirmed and witnessed as such by the Australian Consulate in Bali. In addition, they demonstrated their indifference and insensitivity further by suggesting that Schapelle Corby may wish to send a request by email herself:
In response to this, the situation was explained thus:
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Mercedes Corby was, once again, forced to manage a series of administrative tasks, visit the consulate, and engage her seriously mentally ill sister in matters which can only have confused her. As if these were not enough, even more barriers were created:
Here, the DPP were demanding that Mercedes Corby identify the documents they actually held, in advance of considering their release. Clearly, this was an impossible task, as the response explained:
Whether the minister was contacted, or not, is not known, but the subsequent response is provided below:
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Page 1:
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Page 2:
The DPP was now admitting clearly that they held "25 files directly relating to Ms Corby containing some 7,500 documents". One might consider that Schapelle Corby had every right to know why they held so much material, and what was in it, but the DPP were denying access on the basis that provision of the information would cause too much work for them. They again stated that they were refusing to accept the Power of Attorney, despite previous correspondence urging them to contact the Australian Consulate, who actually witnessed it.
The response given, made these points directly:
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Unfortunately, the DPP did not engage at all on any of the points made in this correspondence. They simply ignored them. Their reply detailed their decision:
The request was rejected on the basis that it involved too much work. Schapelle Corby was flatly denied the right to know why the DPP held such an extraordinary amount of information on her, and what it constituted.
STRATEGY & APPROACH ADOPTED The DPP created a myriad of barriers and hurdles, including disputing legal documentation witnessed by another government department. They created an impossible requirement (identification of some 7,500 documents). They refused to engage discussion or debate. They claimed that the exercise of fulfilling a legal and democratic right constituted too much work.
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[The Department Of Foreign Affairs & Trade]
5. DFAT
The freedom of information request submitted to DFAT was met with a similar attempt to contest the Power Of Attorney held by Mercedes Corby:
DFAT continued to cite their unwillingness to accept the legally validated Power of Attorney, even when provided with the full copy. In their eagerness to manufacture an obstruction, DFAT appeared to overlook the fact that the Power of Attorney had actually been legally witnessed by DFAT themselves, via the Consulate in Bali:
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In addition, DFAT extended this burden by requiring consultation with the father of Schapelle and Mercedes Corby, or his Executor. That Michael Corby Senior was deceased, was a fact which DFAT were well aware of.
Fortunately, Mercedes Corby was also the Executor of his estate, but this nonetheless imposed further burden upon her, in addition to her role of visiting and nursing her sister, on an almost daily basis. However, the efforts exerted by Mercedes Corby in addressing these matters proved to be fruitless, as DFAT simply rejected the request on the basis that it created too much work for them:
Again, it emerged that a government department held an enormous number of documents on Schapelle Corby:
Their decision, like that of the DPP, was to deny Schapelle Corby the right to know why they held such an extraordinary amount of information on her, and what it constituted.
Despite the blunt nature of their response, an effort was made to accommodate DFAT, by breaking down the request into smaller units:
Even this proved to be futile, and was rejected outright by DFAT, as follows:
STRATEGY & APPROACH ADOPTED DFAT created a number of barriers and hurdles, including disputing legal documentation witnessed by the Bali Consulate, which is a part of DFAT itself. They claimed that the exercise of fulfilling a legal and democratic right was too much work. They flatly rejected a proposal to submit the request in smaller units.
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[The Department Of Infrastructure & Transport]
6. DEPT OF INFRASTRUCTURE & TRANSPORT

In 2003, Allan Kessing wrote two reports on Sydney airport security, which included, amongst other things, information about drug trafficking. When these were leaked to the media a few days after Schapelle Corby's trial, the government accused him of whistle blowing and pursued him relentlessly. As information relevant to Schapelle Corby might be held, a Freedom of Information request was submitted to the Department of Infrastructure and Transport, with the blessing of Allan Kessing himself. The result of this FOI was, predictably, the censorship of the vast majority of information, including everything which might assist. What was left was, by and large, nonsensical and meaningless. But, this wasnt all. The Department of Infrastructure and Transport even censored information which was feely available in the public domain. Take the following segment:
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[The Department Of Infrastructure & Transport]
Here is exactly the same information, the openly accessible 'Questions on Notice Additional Budget Estimates 2009-2010', from the parliamentary internet site.
In this example, there were 20 pages of public content carefully blanked out. This was replicated in document after document. All this material was presented to everyone in the world via the internet, but for representatives of Schapelle Corby, a government bureaucrat had spent hours, at tax payer's expense, using a black pen to hide it.
STRATEGY & APPROACH ADOPTED Selective, extreme and unjustified censorship.
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[The Australian Communications & Media Authority]
7. ACMA
Over a period of seven years, the ACMA has overseen and endorsed a multitude of broadcasting media incidents which have breached all levels of decency and civilised behaviour, with respect to Schapelle Corby. These have even included abuse of Schapelle Corby's human rights in her own prison cell. A Freedom of Information request was therefore submitted on behalf of Schapelle Corby, to retrieve information regarding the ACMA itself, and details of their interactions with the offending broadcasters. It is worthy of note that the ACMA has, to this day, supported the broadcasters in every single complaint ever submitted. Regrettably, the ACMA's position was every bit as obstructive as the other government agencies. TOO MUCH WORK Their initial response employed the too much work device:
Like a number of other departments, the ACMA were seeking to exclude material by presenting an impossible proposition: that Schapelle Corbys representative eliminate most of the material, without even knowing what it pertained to. The ACMA refused to identify the documents.
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As the ACMA were the only party aware of the contents of this material, this strategy effectively created a position in which they were able to censor freely, unhindered and undetected. This is precisely what transpired:
Of the 600 documents within the scope of the request, they unilaterally dismissed 423 of them. A complaint was therefore lodged:
["The ACMA's decision to include only 177 of the original 600 documents identified is of serious concern. It appears to be ad hoc, and indeed, no rational basis has been provided for the omission of any of the missing 423 documents. Clearly, these were initially considered to be relevant. Thus, it is entirely reasonable to presume that a degree of censorship has occurred. Without notification of the content of the reports it is impossible to establish any other basis for this. I would therefore request that the documents themselves are provided as originally identified, along with a full schedule."].
This was flatly rejected. The Hidden World Research Group has since been independently informed that a number of the censored documents relate to complaints, made by proxies for the Howard government. These were made against those broadcasters who criticized the Indonesian judiciary, thus highlighting the human rights abuses that occurred throughout Schapelle Corbys trial. INTERNAL CORRESPONDENCE The material supplied by the ACMA was remarkably devoid of internal correspondence, or similar. This was pointed out as follows:
["We also find that there is little or no provision of material internal to the ACMA itself. For example, minutes, internal notes, memo's, emails, and similar. The ACMA would therefore have us believe that the matters raised within these complaints were not discussed internally, including between staff and officers, and between ACMA personnel and politicians."]
This issue was simply ignored.

BUSINESS INFORMATION The ACMA further protected the interests of offending broadcasters by suppressing a range of data which they defined as business information:
It is noteworthy that they made no reference to any consideration for the interests of the requestor of this information, Schapelle Corby. PUBLIC INTEREST Even more alarmingly, the ACMA openly placed its own interests above public interest:
The response to this was as follows:

["The ACMA seek to justify exemption on the basis that provision could prejudice the future supply of information to the ACMA. This is clearly placing the interest of the ACMA above the public interest. Indeed, the respondent states this directly: "I have decided that this factor outweighs any public interest that may exist in favour of disclosing this information".
.
Ms Zurnamer is a public servant. The ACMA is supposed to serve the public. For the ACMA to place its own interests above the interests of the public it is supposed to serve, and by definition, the life and welfare of Schapelle Corby, is absolutely appalling. I request that this is escalated, as a matter of urgency, to the appropriate minister"]
Again, this was dismissed.
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ANOTHER DEVICE The ACMA also dismissed information pertaining to Schapelle Corby on the basis that she was not the main subject matter of the relevant broadcasts.
This was contended as follows:

["I would suggest that this route has been used to apply significant and wide scale censorship of relevant information. There is no provision which states that a Freedom of Information request is limited to broadcasts on which the main subject matter is the individual the request pertains to. The act embraces all information on the subject".]
As referenced earlier, some of these documents related to broadcasts pertaining to the Indonesian judiciary, and the disturbing nature of Schapelle Corbys Bali trial. This device, however, enabled complaints instigated by government proxies to remain hidden. It prevented disclosure of the pressure which the government applied to broadcasters, in pursuit of its relationship with Indonesia, and at Schapelle Corbys expense. Yet again, the ACMA rejected any criticism of these disturbing manoeuvres. It continues, to this day, to support offending broadcasters, irrespective of the nature of the complaint (see The Expendable Project website), and continues to hide political agenda and intervention.
STRATEGY & APPROACH ADOPTED The ACMA claimed that the exercise of fulfilling a legal and democratic right was too much work. They created an impossible requirement in order to proceed (identification of some 600 documents). Important material, which was known to exist, was withheld and not acknowledged. They openly placed the interests of the ACMA above public interest. They engaged in extreme censorship, using a number of unconstitutional devices.
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[The Prime Ministers Department]
8. THE PRIME MINISTERS DEPARTMENT

Given the vocal commitment to the Freedom of Information Act, a request was submitted to the Prime Minister's Department with more optimism than most.
However, its fate was familiar, with the original request rejected:
The most striking aspect of this, however, was the identity of the decision maker:
It is not known whether this is a normal state of affairs, but the counter terrorism reference was somewhat surprising.
STRATEGY & APPROACH ADOPTED The Assistant Secretary of the Border, Counter-Terrorism and Strategic Planning Branch, claimed that the exercise of fulfilling a legal and democratic right was too much work.
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[The Australian Federal Police]
9. THE AUSTRALIAN FEDERAL POLICE

Following an exceedingly long process, material was eventually released by the AFP in response to a formal request on behalf of Schapelle Corby. A subsequent request yielded the same type of result. This was characterised by extreme censorship:
This was a typical page, the sequence in the middle representing the reason for exemption (censorship).
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This was the nature of most pages provided. As for the rest, the vast majority were items which had already been published in the public domain, such as media monitor pages. Essentially, almost all meaningful information was suppressed, and censored. A range of reasons were provided, with the following being prominent:
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Remarkably, the AFP were stating clearly that Schapelle Corby's right to access information about herself would damage the relationship of Australia with Indonesia. They were also withholding information to hide the opinions and input of politicians, as well as senior AFP personnel, presumably to save the AFP from embarrassment, and prevent public disclosure of their actual role in the case. Considered third party opinion, regarding the full list of exemptions, produced the following:
PUBLIC INTEREST Throughout the decision Ms Matan referred to 'public interest'. This has appeared in a range of contexts, but in almost all cases it amounts to opinion. Public interest is never actually defined, nor is its application to each specific scenario ever established, and certainly not in any detail. Even more seriously, in many cases, the wholly ambiguous public interest cloak is used to protect AFP Interest, or even, the interests of individuals in specific posts or positions at the given time. The AFP's interests, and the interests of certain individuals, are not public interest at all. Indeed, in many cases these contradict each other. This is probably a manifestation of the fact that decisions like these, which pertain to the activities of the AFP and its personnel, should not be taken from within the AFP itself. Whilst they are taken internally, it is inevitable that these conflicts of interest will arise. In a situation in which the AFP are being openly and internationally accused of corruption, and of political complicity with a foreign state, with respect to the Schapelle Corby case, public interest is not best served by covering up information requested on behalf of Schapelle Corby herself. In this situation public interest is best served through transparency, accountability, and in establishing the trust of the domestic and international public through openness. These critical matters appear to pass Ms Matan and the AFP by completely. Public interest is not AFP interest, nor is it the interest of individuals. Public interest is clearly best served by the release of all the documents requested. I submit that these should be released with immediate effect. SCOPE I submit that the scope was not wide enough. For example, Ms Matan specified that she searched on keywords "Shapelle Corby", "Schapelle Corby", "I Made Mangku Partika" and "Pastika". However, it is clearly evident that many other terms were pertinent, and perhaps more so. For example, given the hostility of certain parties to Schapelle Corby they tended to use the name "Corby" when referring to her. None of the searches above will have found these references, and the sources will therefore have been omitted. I submit that this is an extremely serious and significant omission. I further submit that there are other serious omissions. Section 14 Page 9 - 3
DOCUMENTED REASONS FOR NON-DISCLOSURE I would also like to examine some of the reasons cited for censoring the information. 22(1)(a)(ii) 22 Deletion of exempt matter or irrelevant material (a) an agency or Minister decides: (ii) that to grant a request for access to a document would disclose information that would reasonably be regarded as irrelevant to that request; Ms Matan's comments are wholly subjective, and openly state that she has determined and decreed its irrelevancy. Yet this is an extremely complicated case, involving a myriad of complex issues, both international and domestic, which Ms Matan is not a party to, aware of, or has sufficient knowledge of. I submit that Ms Matan is not best positioned to make this decision, and as such, should have erred on the side of disclosure, rather than secrecy. 33(1)(a)(iii) 33 Documents affecting national security, defence or international relations (1) A document is an exempt document if disclosure of the document under this Act: (a) would, or could reasonably be expected to, cause damage to: (iii) the international relations of the Commonwealth; or There are a range of assumptions and value judgements in response here. Ms Matan states that information was supplied with the expectation of confidentiality: blatantly assuming that the foreign state was not aware of Australian FOI legislation or Australian values. This is an assumption only, and there is no evidence to support it. Ms Matan's value judgement is also that political expediency should trump the rights of Australian citizens with respect to information which relates to them. In this case, that political expediency should deprive a citizen who is seriously ill in a third world jail cell from information pertaining to her own case. One could even characterize it as political expediency trumps human rights. That is Ms Matan's opinion only. I will refrain from commenting upon what I think of that, but I will state clearly that Ms Matan is not best positioned to make such a judgement, and should not be making it. This is particularly moot given the AFP role in some of the matters covered. 33(1)(b) 33 Documents affecting national security, defence or international relations (1) A document is an exempt document if disclosure of the document under this Act: (b) would divulge any information or matter communicated in confidence by or on behalf of a foreign government, an authority of a foreign government or an international organization to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or of an authority of the Commonwealth.
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Here, Ms Matan is, as an employee of the AFP, taking a decision to prioritize the position of the AFP above that of the rights of an Australian citizen. That clearly contradicts any semblance of natural justice or reasonable application of balanced judgement. It is not a decision that should be taken from within the AFP, as the vested interest is self defined. Again Ms Matan applies a value judgement: that political expediency trumps the rights and/or human rights of an Australian citizen. Ms Matan applies this position to this particular case, which could hardly be more acute with respect to the needs of the citizen.
33A(1) 33A Documents affecting relations with States (1) Subject to subsection (5), a document is an exempt document if disclosure of the document under this Act: (a) would, or could reasonably be expected to, cause damage to relations between the Commonwealth and a State; or (b) would divulge information or matters communicated in confidence by or on behalf of the Government of a State or an authority of a State, to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or of an authority of the Commonwealth. The State agency or party referred to in Ms Matan's decision must itself be subject to Australian FOI legislation too. That State agency must also be well aware of the provisions of the act, and the rights of Australian citizens defined within. Ms Matan makes the assumption that the State agency is ignorant of these matters, which is simply not tenable. They would or should have been aware that disclosure was a possibility. This therefore appears to be another flimsy excuse to deny access to information. Equally, again, a value judgement is applied: this time that AFP/State political expediency trumps the rights and/or human rights of individual citizens. Ms Matan applies this position to this particular case, which as stated previously could hardly be more acute with respect to the needs of the citizen.
36(1)(a) 36 Internal working documents (1) Subject to this section, a document is an exempt document if it is a document the disclosure of which under this Act: (a) would disclose matter in the nature of, or relating to, opinion, advice or recommendation obtained, prepared or recorded, or consultation or deliberation that has taken place, in the course of, or for the purposes of, the deliberative processes involved in the functions of an agency or Minister or of the Government of the Commonwealth; and (b) would be contrary to the public interest. (5) This section does not apply to a document by reason only of purely factual material contained in the document. Section 14 Page 9 - 5
Via Ms Matan's decision she uses this clause to censor information on the basis that it is "advice, consultation and opinion". This is clearly manufactured, as these aspects define the position of the decision makers in a professional capacity. The position of those involved in the case is important, and their statements define this position. Their words patently define a factual representation of their position. Clearly this does not disclose any confidential information with respect to mechanics of operation. It defines the position of key players and the AFP. Ms Matan is unilaterally stating that the position of professional parties is not information; but it clearly is. Also, the freedom to record opinions in confidence implies that they are not shared. The truth here is that they were shared. They were professional recorded opinions, relating to a member of the public. Refusal to disclose them implies that certain individuals can state anything at all with impunity, no matter how offensive or extreme their opinion may be. Public interest is, in fact, vested in transparency, trust, and respect, which is not fostered by hiding the extreme or hostile position of public servants. It appears that through inappropriately using this clause, Ms Matan seeks to avoid any embarrassment to the AFP, or to certain individuals. And further, that even this self-interest mission trumps the rights of an Australian citizen with respect to access to information related to the applicant herself.
37(1)(b) 37 Documents affecting enforcement of law and protection of public safety (1) A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to: (b) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information, or the non-existence of a confidential source of information, in relation to the enforcement or administration of the law; or Ms Matan's decision indicates a misuse of this clause. Clearly, it cannot be reasonable that anyone can state anything about a third party, and that this is held in confidence on the basis of an AFP employee being tempted to decree that they stem from a confidential source. The interests of the offended party should surely be given priority, except in extreme circumstances. The proposition that an AFP employee should make an information release decision pertaining yet again to an AFP self-interest scenario is clearly flawed.
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37(2)(b) 37 Documents affecting enforcement of law and protection of public safety (2) A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to: (b) disclose lawful methods or procedures for preventing, detecting, investigating, or dealing with matters arising out of, breaches or evasions of the law the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; I do not believe that this is a decision that an AFP employee can objectively make. Given the closeness to the functionality and culture of the AFP, preservation of AFP interests in this respect will inevitably take precedence. This is a value judgement which should be taken outside of the AFP.
40(1)(d) 40 Documents concerning certain operations of agencies (1) Subject to subsection (2), a document is an exempt document if its disclosure under this Act would, or could reasonably be expected to: (d) have a substantial adverse effect on the proper and efficient conduct of the operations of an agency; or (2) This section does not apply to a document in respect of matter in the document the disclosure of which under this Act would, on balance, be in the public interest. This again uses the cloak of public interest; undefined, and clearly confused with AFP interest and that of certain individuals. The rights of the subject, who the requests for information are being made on behalf of, are invariably and consistently trumped. The approach of claiming the need for confidentiality, without actually stating the specifics of that need - what the information actually is - is a common method of evasion. It is sometimes referred to as 'black box logic', because it constructs a situation in which ignorance of the box contents makes those contents difficult to challenge. However, the actual rationale used exposes the nature of the response. For example: "The need for the agency to maintain the confidentiality with regard to the subject matter".... what exactly is that need? Is it the need to avoid embarrassment? The need to hide the position of certain individuals? The need to hide corruption? And "if such information was disclosed, it may discourage external cooperation in AFP investigations". No other explanation is provided. So why? Is what the AFP are actually doing and/or saying so damaging that external parties would be appalled? Back to the core test: the interests of the AFP trump the rights of the citizen.
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41(1) 41 Documents affecting personal privacy (1) A document is an exempt document if its disclosure under this Act would involve the unreasonable disclosure of personal information about any person (including a deceased person). This clause is quoted, but nowhere are the identities of the mysterious third parties provided. However, despite this clear omission, there are clues: "whether the information would shed light on the workings of the government". Are we to deduce that the third parties whose personal information is to be protected are public figures, perhaps in government office? If so, then isn't there a public expectation of disclosure; a public right? Again, 'personal information' isn't defined. Clearly it isn't medical records or family history or data which really is personal information. One can only imagine that it is opinion again; the AFP seeking to avoid disclosure of an embarrassing position, via censorship of FOI output. Yet again, the rights of the citizen requesting information relating to the applicant herself are trumped.
A formal review of the AFP's censorship position was requested, and a response based upon the above was submitted. Every point was ignored, and the censorship stood in its entirety. The case was therefore taken to the Administrative Appeals Tribunal (AAT) where, under pressure, the AFP agreed to re-visit many of the above issues. However, they subsequently produced nothing of substance at all. The following are extracts from the affidavit which was prepared in response to this failure:
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At this point, the AFP engaged a prestigious Sydney based firm of lawyers, Clayton UTZ. In effect, they were directly using substantial sums of tax payers money to seek to prevent Schapelle Corby from accessing the information they held on her. The close relationship of Clayton UTZ with the Howard Government is also worthy of note. For example, John Howard himself was a former employee, and deputy leader of the Liberal Party, Julie Bishop was a former partner. Political donations from Clayton UTZ are also documented. For example:
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In effect, the AFP were now directing significant amounts of public money to Clayton UTZ to seek to protect themselves, and the (Liberal) Howard Government from potential embarrassment and worse. The same organization, Clayton UTZ, donated funds to Liberal politicians. The use of Clayton UTZ in itself, which is well beyond the means of Schapelle Corby, to seek to find a legal device to avoid disclosing information, is perhaps illustrative of the nature of the information itself. See other elements of The Expendable Project for further details of this. By this point, the principles of the Freedom of Information Act had long since been lost. Clayton UTZs fifty-five page submission to the AAT was countered by a detailed response, by Schapelle Corbys representative, with the following introduction:
I am not a lawyer. Schapelle Corby cannot afford a lawyer, and certainly not a high powered team such as the one the AFP has called upon, at tax payers expense, to seek to prevent her from viewing the information they hold about her. All my colleagues and I can do on her behalf is to apply the principles and purpose of the act itself, and most importantly, measure right from wrong using common sense. I would also contend that given the unique nature and characteristics of this freedom of information request, the value of case law is in any event significantly diminished or often irrelevant. I would submit that the Clayton UTZ response, assembled at such expense, has not invalidated any of the points made in the last submission (SLC1). The stark and fundamental questions remain, and they tend to be questions of the utmost gravity.
For context, I would like to refer to some recent developments, in which information has emerged which further demonstrates the public interest need for transparency with respect to the AFP. I refer to the prosecution of Allan Kessing, for which the AFP, allegedly on a political mission, withheld critical evidence from the defence and from the court. This is currently playing out in the media and in Parliament. In the circumstances, perhaps it isn't surprising that the AFP are less than forthcoming, as demonstrated in this Senate Estimates transcript by Commissioner Negus: [www.aph.gov.au/hansard/senate/commttee/s62.pdf]
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This is additionally relevant, however, because the AFP withheld the Kessing Reports themselves from Schapelle Corby's lawyers and from the Bali court. Given the nature of Schapelle Corby's defence, and that the reports substantiated the alarming degree of criminality at Sydney Airport, this was clearly critical evidence. Equally disturbing, Commissioner Keelty stated the following, two weeks before the verdict: "There is very little intelligence to suggest that baggage handlers are using innocent people to traffic heroin or other drugs between states". Yet, the AFP had held the Kessing Reports, which showed the opposite, for some months. I cite this as a single example from many, because it is topical and it illustrates the gravity of the disturbing and public interest issues at stake.
In addition, given these types of conflicts of interest, how can it be reasonable for the AFP to define public interest with respect to the release of information embracing their own conduct? How can it be reasonable for the AFP to be allowed to withhold critical evidence from a person struggling for life, on the basis of subjective judgements made by themselves, when release of such information may incriminate themselves? Evidence of misconduct is already in the public domain. Yet the AFP are intent on denying access to information which may incriminate a number of very senior officers, and politicians. Through opposing this freedom of information request so vigorously, the AFP has also demonstrated the lengths they are prepared to go to sustain this position. We contend that this in itself serves no credit to the AFP. To us, the public interest is very clear indeed, and in this case, is uniquely serious in terms of its implications. Public interest surely isn't to allow the myriad of information, potentially relating to such hugely disturbing matters, to remain hidden from the victim. I would submit that this is neither in the interests of the public, nor in the long term interest of the AFP. I submit that whilst exemption may be in the personal interests of the individuals in situ, past and present, it is not in the interests of the AFP as an organization.
This is the context of this case. We very much hope that the tribunal will understand the principles, issues, and utmost importance of the case, which we further seek to articulate below.
Please allow Schapelle Corby to have access to all the information she humbly requests. Please allow more of the truth to emerge, in the public interest, in the interests of natural justice, and in support of the principles enshrined in the Freedom of Information Act. There follows our response to the Clayton UTZ submissions for each freedom of information request, and our original review submission. Thank you for your attention, Yours Faithfully,
The tribunal hearing itself is scheduled for the final quarter of 2011, subsequently adjourned until second quarter 2012.
STRATEGY & APPROACH ADOPTED Extreme and unjustified censorship. Refusal to engage in dialogue. The use of a level of legal expertise well beyond the means of Schapelle Corby, thus creating an unbalanced process, as well as indicating a clear disregard for the principles of the Freedom of Information Act itself. Critical and important material, which was known to exist, was withheld and not acknowledged.
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[Summary & Conclusions]
10. SUMMARY & CONCLUSIONS

A more pressing need for access to information, held by government, would be difficult to envisage. Equally, in a situation where the departments themselves were central to the most disturbing and serious of incidents, and allegations of corruption, a clearer public interest need for transparency and openness would be hard to imagine. Yet, the sections within this report demonstrate beyond doubt, not only the complete failure of the Freedom of Information Act, but its abuse on a systemic scale, both in terms of letter and spirit. A variety of means were employed to frustrate Schapelle Corby's efforts to obtain information on herself, including the following: Self exemption from the entirety of the Freedom of Information Act (ABC) Critical and important material, which was known to exist, was withheld and not acknowledged (Customs, ACMA, AFP) Barriers and hurdles were created for the FOI submission itself, including disputing legal documentation witnessed by a government department (Customs, DPP, DFAT) Extended and lengthy delays were common between responses (most departments) Impossible requirements were created and demanded (e.g.: the identification of 7,500 internal documents) (DPP, ACMA) Discussions and debate were refused, with the contents of correspondence simply ignored (DPP, AFP) Requests were flatly rejected on the basis that they created too much work (DPP, DFAT, PMD, ACMA) Efforts at mediation and compromise were rejected outright (DFAT) Extreme censorship was exercised preventing the release of anything meaningful (Dept of Infrastructure & Transport, AFP)
Consistently, departments sought to create a position in which they were granted the right to make subjective decisions regarding scope and inclusion, usually on the basis of resourcing.
Section 14 Page 10- 1
[Summary & Conclusions]
There is no doubt, however, that they fully understood the implications of this in terms of its propensity for abuse. Indeed, the importance of full scope to the integrity of the exercise, was explained on a number of occasions. A chronological examination reveals that once the 'too much work' card was first deployed, its use spread quickly across the departments, indicating a degree of orchestration. That communication occurred between departments is not in doubt, since contact with each other to confirm communication releases, is on record.
CONCLUSION
The outcome of this catalogue of refusals, rejections, censorship and abuse, is that Schapelle Corby was denied the right to information held on herself under the Freedom of Information Act. Through a wide variety of devices and methods, the government, or many of its major departments at least, prevented her from accessing data relating to her own grave circumstances, as well as information relating to the government's own activities with respect to her predicament. In practical terms, Schapelle Corby's democratic and legal rights, under freedom of information legislation in Australia, have been revoked.
Footnote Regarding the Freedom of Information Act With respect to the act itself, whether the abuses documented are an accidental bi-product of badly framed legislation, or whether the legislation was deliberately constructed in such a way that it allows organs of state to cover up and hide damaging information, is an important question. However, it is outside the scope of this report.
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End of Section 14
SECTION 15
The Role Of The Integrity Commissioner And The Australian Commission for Law Enforcement Integrity (ACLEI)
CONTENTS
1. Introduction 2. The ACLEI Assessment 2.1 Part A Initial Assessment 2.1.1 Enquiries 2.1.2 Comments 2.2 Part B Director Intelligence 2.2.1 The PROMIS System 2.2.1.1 The Forensic Testing Of The Marijuana 2.2.1.2 The Baggage Handler Interviews 2.2.1.3 The Provision Of Testing Assistance 2.2.1.4 The Strict Limitation Of Investigation 2.2.1.5 The Missing CCTV Footage 2.2.2 Assessment Report Conclusions 2.2.2.1 The Source Of The Marijuana 2.2.2.2 The Baggage Handler Interviews 2.2.2.3 The Strict Limitation Of Investigation 2.2.2.4 The Ray Cooper Allegations 2.2.2.5 The Missing CCTV Footage 2.2.2.6 The Forensic Testing Of The Marijuana
3. The Acting Integrity Commissioner 3.1 The Acting Commissioners Role 3.2 The Acting Commissioners Conclusions
4. Report Conclusions
Appendix
[Introduction]
1. INTRODUCTION
The Australian Commission for Law Enforcement Integrity, ACLEI, is a government agency which claims to provide independent assurance to government about the integrity of prescribed law enforcement agencies and their staff members. Specifically, it states that The Integrity Commissioner, supported by the Australian Commission for Law Enforcement Integrity (ACLEI), is responsible for preventing, detecting and investigating serious and systemic corruption issues in the Australian Crime Commission and the Australian Federal Police.
In a nutshell, ACLEI polices the police, for the government of Australia. It is therefore reasonable to expect that such an organization will conduct itself with the utmost integrity and professionalism, and that its investigations will be performed to the highest and most rigorous of standards. Furthermore, it is reasonable to expect that it will ensure that its independence always remains beyond question. SCHAPELLE CORBY This report documents how ACLEI actually handled the most serious of complaints and allegations regarding AFP Corruption, with respect to the Schapelle Corby case.
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[The ACLEI Assessment]
2. THE ACLEI ASSESSMENT

In 2010, a prominent Schapelle Corby supporter, Mrs Kim Bax, lodged a formal complaint with ACLEI regarding a subset of the many examples of failure of duty, misconduct, and corruption, which are presented by The Expendable Project. The subsequent ACLEI assessment was documented in a file, which was assigned the identifier CIN 000188:
This is organized into parts, which are described in the subsequent sub-sections.
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2.1. PART A INITIAL ASSESSMENT

The first part is a high level overview, or initial assessment. It provides the following synopsis:
It should be noted that this summary is, in fact, subjective. Mrs Baxs documented complaints were wider in scope than is suggested here, and were supported by a considerable amount of material. 2.1.1 ENQUIRIES This initial assessment stated that the following enquiries were made:
The second paragraph of this particular segment was obliterated with black ink, to prevent public disclosure.
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2.1.2 COMMENTS The final comments in Part A were as follows:
Here, ACLEI set the tone for the main assessment, by starkly claiming that if the perceived motive of any AFP corruption was not corrupt, it bears no responsibility for the matter. The implication of this, for example, is that if the motive was political, then any act of corruption is deemed to be out of its jurisdiction. Given that The Expendable Project demonstrates the clear political agenda of the AFP, this is a central and critical statement.
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2.2 PART B DIRECTOR INTELLIGENCE

The second part is the main assessment form, and is headed Director Intelligence. The first page of this replays the summary from Part 1, but includes a number of remarks which appear to seek to undermine Mrs Bax. For example:
Regarding the latter, The Hidden World Research Group subsequently interviewed Mrs Bax, who confirmed that this wasnt the case at all, and that she referenced the article in her blog simply because she was able to provide a direct web link to it. The same attitude is illustrated by the liberal use of inverted commas and italics when referring to her correspondence and blog posts.
Note that this is an altogether different approach to that adopted throughout, with respect to AFP officers. 2.2.1 THE PROMIS SYSTEM On page three, the assessor moves on to a meeting with a member of AFP Professional Standards, in which they jointly examined the Police Real-Time OnLine Management and Investigation System (PROMIS), which is an information database. However, the information retrieved and reproduced in the report, to support the subsequent conclusions, can be shown to be false, highly questionable, or directly disputed by third parties:
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2.2.1.1 The Forensic Testing Of The Marijuana
The Hidden World Research Group has obtained correspondence from a leading forensics expert, who offered to perform these precise tests at the time. The AFP did not pursue this, and refused to facilitate the testing of the marijuana placed in Schapelle Corbys bag, when approached. Note also that such tests were well established at that time. 2.2.1.2 The Baggage Handler Interviews
Citing no admissions had been made, as supporting evidence to dismiss serious allegations, is clearly extremely questionable in itself. However, in July 2011, The Hidden World Research Group identified and directly interviewed a Brisbane baggage handler, who categorically denied that all the baggage handlers had been interviewed. 2.2.1.3 The Provision Of Testing Assistance
This, and other entries to the same effect, directly contradict statements made by the Bali police themselves, both to Schapelle Corbys lawyers, and directly to the Australian media:
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2.2.1.4 The Strict Limitation Of Investigation
This starkly suggests that a subjective judgement was taken on the value of Schapelle Corbys life, versus cost. Equally, however, it could be suggested that this option was considered to be less damaging than the potential disclosure of AFP and other corruption, which was undoubtedly present at Sydney airport. Regardless, ACLEI immediately chose to support this central, and extremely disturbing, decision:
This proposition is, in fact, entirely false. Schapelle Corbys defence team did not exclude other possible insertion points at all. Her lawyers presented Brisbane as just one possibility, and even this scenario embraced serious criminality, and the transfer of the marijuana, specifically at Sydney airport. The criticality of an investigation at Sydney was re-enforced by the allegations of former AFP Internal Investigator, Ray Cooper, who actually stated that AFP officers were involved in the drug trafficking there. The assessor was well aware of these, as he actually referred to them earlier in the report:
Equally, both the AFP and ACELI were well aware of the Mocha Operation, and the transfer of South American drugs through Sydney airport at exactly the same time as Schapelle Corby passed through. Again, ACLEI had referred directly to this, just two pages earlier in the report:
It could be speculated that these earlier stark references were overlooked, in the haste to excuse the serious AFP failure just identified. The crucial need for a full investigation at the two Sydney airports (domestic and international), and the consequential interviewing of the baggage handlers based there, could hardly have been clearer. Yet the author simply dismissed the idea with the flimsiest of rationale.
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2.2.1.5 The Missing CCTV Footage
This version of events, that the CCTV footage was deleted accidentally during maintenance, is entirely different to the version which the AFP themselves gave to Parliament, and stated in a ministerial brief:
Again, ACLEI failed to identify this direct contradiction, or to refer to it in any way. The serious issues documented with respect to these matters, were identified, following a preliminary investigation by The Hidden World Research Group. The information obtained, yet completely omitted or ignored by ACLEI, is largely available in the public domain. All of it undermines the position of the AFP, and supports the proposition of serious and systemic corruption. It is thus clear that, instead of performing the due diligence one might expect of a body charged with serious obligation by a nation state, ACLEI simply accepted the version presented by the AFP as fact. No contrary question was even contemplated. Even from the outset, ACLEI appear to have been prompting the AFP to direct the script, as illustrated within the early correspondence between them (dated 2nd June 2010):
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Equally, a host of other related questions were simply ignored. And, for example, the myriad of documentation and primary evidence presented within The Expendable Project was not even identified. However, it is upon this limited, false, and entirely flawed perspective that the author proceeded to offer his conclusions. 2.2.2 ASSESSMENT REPORT CONCLUSIONS Following this most shallow of exercises, the author again inaccurately summarizes Mrs Baxs complaints. He then purports to address them: 2.2.2.1 The Source Of The Marijuana He dismisses the AFPs complete lack of interest in the source of 4.2kg of marijuana. He openly states that there is no onus upon them to investigate such matters. Even with the knowledge of so many other inconsistencies, and the unremitting public allegations, he insists that there can be no reasonable question of corruption:
2.2.2.2 The Baggage Handler Interviews Even though directly disputed by at least one Brisbane baggage handler, he repeats the AFP claim to have interviewed all Brisbane baggage handlers, to dismiss any idea of reluctance to investigate:
2.2.2.3 The Strict Limitation Of Investigation Almost grudgingly, he refers to the fundamental question of omitting the critical Sydney airports from investigation, only to deny, without offering a shred of supporting evidence, that this was motivated by corruption:
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2.2.2.4 The Ray Cooper Allegations Matters relating to the serious corruption allegations of former AFP officer, Ray Cooper, appear to be deemed too inappropriate for public sight, but he readily dismisses them as dangerous:
2.2.2.5 The Missing CCTV Footage His endorsement of the AFPs failure to preserve any CCTV footage from three airport terminals is based entirely upon a misconception:
Had ACLEI conducted even cursory research into this matter, it would have quickly discovered that repeated and increasingly desperate requests for CCTV footage had been made by Schapelle Corbys family, in the days immediately following her arrest. This was the real context of the AFPs failure to seize the potentially critical footage. The directly contradictory stories, provided by the AFP for the loss of the footage, are another central, and overlooked, issue. NOTE: Further information on the AFPs disturbing role, with respect to the CCTV systems, can be found in Section 3 of the report: Exceptions At Australian Airports With Respect To The Schapelle Corby Case 2.2.2.6 The Forensic Testing Of The Marijuana He again uses false and flawed information in support of the AFP:
As already referenced, the AFPs claim that they lacked the capability to test the marijuana for its country of origin was false. The AFPs version of events, with respect to assistance with testing, was also directly contradicted by both Schapelle Corbys Indonesian lawyers and the Bali police.
A comprehensive investigation into this specific issue can be found within The Mutual Evasion Report, on the Expendable.TV website.
THE REPORT CONCLUSION The most flimsy and superficial of investigations, based entirely upon information provided by the AFP themselves, which was false, flawed or disputed, resulted in the inevitable:
The entire assessment comprised just five pages, and can be obtained in full from The Hidden World Research Group.
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[The Acting Integrity Commissioner]
3. THE ACTING INTEGRITY COMMISSIONER

The assessment report was subsequently submitted to the Acting Integrity Commissioner, Robert Cornall, on 14th January 2011. However, preliminary research into Mr Cornall himself suggests that he is regarded as a staunch supporter of the Howard government:
Indeed, as Phillip Ruddocks secretary at the Attorney Generals Department, Cornall was, in fact, at the heart of the Howard regime when the Schapelle Corby case unfolded. Given the position and actions of this regime, as documented by The Expendable Project, this in itself raises a number of extremely serious questions. Effectively, Cornall had the final decision on whether to proceed with, or reject, the complaints being made. Yet he was part of the regime to which the complaints themselves fundamentally referred. The Hidden World Research Group has not yet been able to establish the circumstances of Cornalls positioning as Acting Integrity Commissioner, with respect to this particular complaint.
3.1 THE ACTING COMMISSIONERS ROLE

As Acting Integrity Commissioner, Cornalls responsibility was to satisfy himself that the assessment was objectively and rigorously conducted. It was his responsibility to sign off the report itself. The serious flaws within the report, as documented in the previous section, are clear enough. Many are self evident, not only with respect to the individual conflicts with the real situation, but in terms of the superficial nature of the exercise, and its tenor when simply accepting the AFPs version of events. It would not be unreasonable to expect that an experienced eye would immediately detect that significant and serious issues were evident.
[The Acting Integrity Commissioner]
3.2 THE ACTING COMMISSIONERS CONCLUSIONS

In his one-sheet decision, Cornall commented as follows:
It should be noted that this, in fact, is not a direct representation of Mrs Baxs allegations, but rather, a subjective interpretation. Cornall concluded that:
This extraordinary statement suggests that issues, such as the wilful destruction of primary evidence, do not amount to a corruption issue. Further, his claim of having regarded all the circumstances has been shown to be untrue, as the AFP did not furnish ACLEI with the true material facts, and ACLEI did not research them for themselves. He endorsed the clearly flawed exercise on 14th January 2011. In his letter informing Mrs Bax of this decision, he took this even further, referring to the most limited and superficial of assessments as extensive:
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[Report Conclusions]
4. REPORT CONCLUSIONS
Despite high profile and frequent allegations of AFP corruption, over a period of almost seven years, ACLEI failed to initiate even a cursory investigation of its own volition. Only when allegations of corruption were levelled at ACLEI itself, by members of the public, did it embark upon the exercise documented in this report. By any measure, its assessment was flimsy, unprofessional, and seriously flawed. The exercise itself was skewed to produce an outcome favourable to the AFP. Specifically: The written report, and background notes, obtained by The Hidden World Research Group, demonstrate a hostile, or at the very least, disrespectful, attitude toward the complainant. The assessor did not interview Mrs Bax to establish the precise details of her complaint. ACLEI openly and directly positioned itself, such that politically motivated AFP corruption was outside its own scope. ACLEI failed to investigate the key issues directly for themselves. Instead, it accepted statements made by the AFP without question, and certainly without validation. Key witnesses, and those who were party to the events of 2005, were not interviewed. There is no evidence to suggest that their research extended significantly beyond a liaison with AFP personnel, and a joint perusal of their limited database. In many cases, even with only cursory research, the AFPs version of events can be proven to be entirely false. The ACLEI assessor demonstrably overlooked significant contrary evidence when declaring his support for the AFPs inaction and position. The haphazard and shallow approach adopted, suggests a lack of will to investigate the complaints seriously. This in itself suggests an unbalanced and partial position. The final decision maker, the Acting Integrity Commissioner, was active in the Howard government when the events occurred, creating a clear conflict of interest. At the very least, the decision maker did not exercise due diligence when signing off the assessment.
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[Report Conclusions]
The evidence suggests either gross incompetence, or wilful misconduct on the part of a number of individuals. From a wider perspective, it suggests an institutional or cultural bias which is wholly inconsistent with the defined functions of the organization. Given the clear political context, serious questions also arise regarding the possibility of a pre-determined agenda with respect to this case. In laymans terms, our findings and conclusions are consistent with those of an alleged cover-up.
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[Appendix]
APPENDIX
Selected Documentation
Section 15
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[Appendix]
The decision form, as completed by the Acting Integrity Commissioner, Robert Cornall:
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[Appendix]
Cornalls letter to Mrs Bax, informing her of his decision:
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[Appendix]
The following letter illustrates the cosy relationship between the AFP and ACLEI. When Mark Walters was confronted by Mrs Bax, on whether his predecessors allegations of AFP corruption in Sydney had been investigated, he told her that he was unable to give her that information, because it was subject to "secrecy provisions".
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[Appendix]
The following is ACLEIs opening letter to the AFP. The final paragraph indicated the nature of the exercise which was to follow; one in which ACLEI would follow a script broadly dictated by the AFP themselves.
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[Appendix]
ACLEI demonstrates the spirit of the Freedom of Information Act.
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End of Section 15
SECTION 16
The Failure Of Those Agencies Which Are Purported To Provide Public Support Services (The Quango Report)
CONTENTS
1. Introduction 2. The ACMA 3. The Advertising Standards Bureau 4. The Human Rights Commission 5. The Commonwealth Ombudsman 6. The Governor-General 7. Findings & Conclusions
[Introduction]
1. INTRODUCTION
The alignment of Australian government policy, across the different departments of state, included those agencies which are purported to provide public support services. A number of examples of how the governments position manifested itself, when these bodies were approached with respect to Schapelle Corby, are provided in this report.
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[The ACMA]
2. THE ACMA
The regulation of the broadcasting media in Australia, in terms of accountability to any party other than the government, is almost non-existent. Each broadcaster is able to define its own self-regulating code of practice. In other words, each broadcaster can make its own rules. The broadcasting authority, a quango called the Australian Communications and Media Authority (ACMA), is essentially a placebo. Whilst the public are encouraged to complain to this body, the body itself uses the broadcaster's own code to assess the merits of each complaint. Furthermore, the ACMA is only permitted to address complaints against individual broadcasts. Hence, wider agenda and sustained bias are outside its terms of reference. The extensive opinion management regime, led by the ABC, which is revealed in the documentary film Expendable, is therefore out of scope. Further, even within such strict boundaries of operation, the ACMA has supported the broadcaster on each and every complaint made with respect to Schapelle Corby.
The following is an example of the ACMA's standard first response, to complaints relating to Schapelle Corby:
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[The ACMA]
Should the complainant navigate through the individual broadcaster's code, the ACMA position with respect to Schapelle Corby issues is always the same. For example:
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[The ACMA]
A particularly stark example occurred in 2010. Schapelle Corby was mentally ill, and seriously paranoid, and was, for example, seeing cameras in walls and in the eyes of her teddy bears.
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[The ACMA]
An Australian broadcaster gained access to the prison and burst into her cell with a large camera rolling. They chased her into her cell toilet, where she was forced to hide, under the protection of a cellmate. They then rummaged through her scant possessions. Schapelle Corby was severely traumatized by the experience. The ACMA, on behalf of the Australian government, endorsed this abuse, by rejecting a formal complaint:
In Australia, Schapelle Corby has been the subject of the most unethical and disturbing of broadcasting practices. Many of these would be considered to be illegal in most nations, and some are documented on the Expendable.TV website. Yet, the ACMA considers them to be perfectly acceptable, and has never upheld a single complaint.
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[The Advertising Standards Bureau]
3. THE ADVERTISING STANDARDS BUREAU

The stated mission of the Advertising Standards Bureau (ASB) is: "To administer a well respected, effective and independent advertising complaints resolution service that regulates advertising standards in Australia adjudicating both public and competitor complaints and ensure compliance with relevant codes". However, if we scratch the surface of this, we see a level of discretion, and a degree of latitude, which renders it entirely susceptible to agenda. A relatively recent complaint regarding Schapelle Corby illustrates this extremely well. In November 2010, the Nine Network advertised an issue of a magazine owned by one of its sister companies. This was a clear demonstration of direct and subliminal messaging, which was directly contrary to the interests of Schapelle Corby. The short video clip below describes this incident, in which it was falsely suggested that Schapelle Corby wished to remain in her squalid prison cell:
See Expendable.TV: Examples Of Media Abuse
Subsequent to this outright fabrication, which was broadcast nationally, complaints were sent to the ASB through a variety of channels. One such complaint is copied below:
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This, of course, covers both the general aspect of political messaging, and its application with respect to the misrepresentation, and abuse, of Schapelle Corby, and the blatant disregard for her welfare. The ASB responded as follows:
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One can only conclude from this, that in Australia, subliminal political messaging within television adverts is perfectly acceptable, and not worthy of investigation, at least, not where it pertains to Schapelle Corby. Neither the wider issue of political/abusive fabricated messaging within advertising, nor the application of this with respect to Schapelle Corby in terms of harm, gross misrepresentation and opinion management, were of any interest to the Advertising Standards Bureau.
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[The Human Rights Commission]
4. THE HUMAN RIGHTS COMMISSION

This government body is responsible for human rights compliance, and styles itself as: "Working towards an Australian society where human rights are for everyone, everywhere, every day". But, does this extend to Schapelle Corby? Perhaps, for example, when her human rights are being abused by the Australian media, whilst she is being displayed and paraded for public curiosity by the Indonesian prison authority (in clear breach of the UN International Covenant on Civil and Political Rights)? This particular scenario has been tested by members of the public on a number of occasions. The most recent one was in November 2010, when a distressed viewer of an Australian news broadcast wrote the following to them:
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The Human Rights Commission's response, as shown below, was to evade the issue:
The viewer, by now clearly frustrated and angry, correctly pointed out that commercial television channels are regulated and monitored by a government agency:
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The response of the AHRC, this time, was to shift the focus to the viewer herself. Were the viewer's human rights being abused?
The Human Rights Commission was openly shifting the ground, such that the viewer could only complain about the abuse of her own human rights. They were again directing complaints, regarding the de facto sanctioning of human rights abuses by a government agency, away from themselves. The real victim, a mentally ill woman, with a medical condition that sometimes sees her barely able to function, let alone submit a complaint from a prison cell in another country, could not have these abuses registered for her by a proxy. The Australian Human Rights Commission firmly closed its doors to any approach with respect to the abuse of Schapelle Corby.
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[The Commonwealth Ombudsman]
5. THE COMMONWEALTH OMBUDSMAN

The Commonwealth Ombudsman promotes itself using the following terms: "The Commonwealth Ombudsman safeguards the community in its dealings with Australian Government agencies. The Ombudsmans office handles complaints, conducts investigations, performs audits and inspections, encourages good administration, and carries out specialist oversight tasks." Over the years, it has become the last refuge of government departments and agencies, which have been challenged by members of the public with respect to Schapelle Corby. As demonstrated by The Human Rights Commissions response above, complainants are referred to this office as a matter of course. This has been the experience of Mr Allan Wilson, who has submitted literally dozens of complaints on behalf of Schapelle Corby's family over the years. Unfortunately, he has been frustrated, without exception. The catalogue of Ombudsman responses includes lengthy delays, wholly irrational replies, and outright evasion. Ultimately, however, the following is the card of last resort:
In Australia, a minister's actions cannot be questioned through this office. In the case of Schapelle Corby, the Commonwealth Ombudsman has consistently proven to be, in practical terms, a placebo.
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[The Governor-General]
6. THE GOVERNOR GENERAL

The Governor-Generals powers, and role, derive from the Constitution of Australia. The Governor-Generals website states that: there are some powers which the Governor-General may, in certain circumstances, exercise without or contrary to ministerial advice. These are known as the reserve powers. While the reserve powers are not codified as such, they are generally agreed to at least include: 3. The power to dismiss a Prime Minister or Minister when he or she is acting unlawfully. It also states: In addition, the Governor-General has a supervisory role to see that the processes of the Federal Executive Council are conducted lawfully and regularly. In a nutshell, the office of the Governor-General promotes itself as the guardian of the constitution, embracing corruption and malpractice in government.
In 2011, a number of Australian citizens submitted formal complaints to the Governor-General regarding Schapelle Corby. In particular, these related to the revelations made by The Expendable Project, in a series of reports. Requests were made for a formal investigation into the conduct of previous Australian ministers, whose actions were documented within the Expendable reports, and current ministers, regarding their failure to act upon this information. The response from the Governor-Generals office was invariably the same. The following shows the standard letter:
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[The Governor-General]
Thus, in response to complaints regarding the actions of the Australian government, with respect to Schapelle Corby, the Governor-General referred the complainants to. the Australian government.
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7. FINDINGS & CONCLUSIONS

The sustained failures and abuses of the major departments of state, with respect to Schapelle Corby, are documented throughout a significant number of the Expendable reports. However, as illustrated within this report, even with smaller public facing agencies and quangos, every avenue of complaint was blocked, and every request for assistance was rejected. This has been reflected through a multitude of approaches, from different individuals, over a prolonged period of years. As demonstrated consistently throughout The Expendable Project, all government departments and agencies have been subject to the same position and policy. Schapelle Corbys legal, civil and human rights, as an Australian citizen, have, in practice, been revoked. Yet there is no recourse available to her, or to those representing her, to address this situation.
No government agency has ever upheld a complaint in favour of Schapelle Corby
ABRIDGED VERSION Note that this report is a short abridged version of the complete report, which will be published as an appendix to Expendable Dossier 2.
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End of Section 16
SECTION 17
Schapelle Corbys Deteriorating Health And Government Indifference
CONTENTS
1. Introduction 2. Schapelle Corbys Mental Illness
2.1 Schapelle Corbys Suffering 2.2 Comments 2.3 The Medical Diagnosis 2.4 The Authors Account 2.5 A First Hand Account
3. The Governments Response
[Introduction]
1. INTRODUCTION
Schapelle Corby is mentally ill, and continues to deteriorate. Despite this, and in breach of her human rights, she remains incarcerated in a squalid prison cell. In August 2009, a psychiatric report was produced by one of Australia's most eminent psychiatrists, Dr Jonathan Phillips, MB BS FRANZCP:
Section 17
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[Introduction]
Copies of the psychiatric report were provided to the government by a multitude of means, including through a diplomatic bag to the then Prime Minister Rudd. It was also directly handed to Foreign Minister Smith's office as indicated below (Ms Keane subsequently confirmed that she personally handed it to Stephen Smith MP on the following Sunday, as soon as he arrived back from Chile). Despite countless follow ups, and references to it in the media, the government failed to formally confirm receipt until May 2010.
At the time of production of this report, in 2011, despite the visible deterioration of Schapelle Corby, and the regular reports of shocking and harrowing incidents resulting from her mental illness, in such brutal circumstances, the Australian government have continued to evade their responsibilities stemming from the psychiatric issues documented.
NOTE: The contents of the psychiatric report are deeply disturbing, but have been withheld from this report for privacy reasons.
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[Schapelle Corbys Mental Illness]
2. SCHAPELLE CORBYS MENTAL ILLNESS

2.1 SCHAPELLE CORBYS SUFFERING
Schapelle Corby is now mentally ill, and due to the strong medication she is taking for this, she is also physically deteriorating. The article below is extracted from a letter written by a well known advocate and supporter. It was sent to every Australian MP and Senator in June 2010. Less than ten of them replied, and all but a couple of the responses were copy/pasted from prepared text.
SCHAPELLE CORBY'S MENTAL ILLNESS

It is impossible to properly articulate the trauma and suffering Schapelle Corby has endured. The turmoil has been such that it has rendered her mentally ill and at serious risk of short term death. People have no idea what her reality actually is, as a mentally ill Australian woman in a squalid foreign prison. What her deteriorating mental illness means in practice. What it means in her daily life in her situation. They don't know about the maltreatment and abuse. They haven't seen the Dr Phillips' report, and what he actually had to say about her shocking condition and chances. They have little comprehension of the depths of psychosis she endures every hour of every day. Nor have they considered the physical aspect of suffering severe mental illness in that environment. That she is childlike and totally exposed to criminal exploiters and others. What that REALLY means. About how she struggles to look after herself. What her sister sometimes has to do for her, to function as a human being. How she is defenceless, and how she is treated every day of every week in what is already a frightening and terrible place. People really should think about these things. If they did, and understood what is now shocking cruelty, they would weep, as I do. HANGING ON Schapelle has remained strong for so long: holding on day after day in hope and belief that justice and truth would prevail. Bewildered, confused, but keeping faith in humanity and clinging desperately to past memories and the love of her family.
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But year after year it has become harder and harder, as her mental strength has been worn down. Freedom is so far away that it is not even on the radar, yet she has been in the squalid overcrowded unbearable heat of that cell for what will seem like an absolute eternity. A RECENT VISITOR Let me tell you what a visitor reported recently: "When she wasn't staring into space and rocking from side to side, or looking around intently seeing cameras everywhere and who knows what other demons, she was making frequent references to suicide and death. From time to time the Schapelle I remember would resurface from the depths, but this occurred infrequently. From other comments she made, and intense references to her dead father, I fear I may not see her again." "Schapelle now thinks she is ugly and this could very well be attributed to the media. She also thinks she is stupid, which is probably due to bullying and taunts like the white monkey ones. Her defences are gone and she is vulnerable and open to everyone and anyone." "When we left the prison and were being driven back to our hotel in a cab, we were both crying for most of the journey."
A couple of recent true stories I have also picked up:
Schapelle pulled all the eyes off her soft toys and handed them to her mum, telling her "Take the cameras away". Then the visitor above took her a soft toy, a tiger. She hid it because she fears its eyes watch her. Then, of course, the media are allowed in with their cameras. Schapelle asked her mum if she was REALLY her mother. She told her that people can be made up to look like her mum with makeup. She kept asking, "Are you really my mum?" Last time her uncle went, she sat there with tears streaming down her face, because she couldn't make him understand what she meant. It was something to do with his watch. She couldn't comprehend and sobbed for the full hour. Then again, just a few weeks ago she was begging her mother to let her kill herself after an AUSTRALIAN media crew burst into her cell and confronted her. Can you imagine how her mother felt when she left her behind? Channel 9 basically told people who complained that she is fair game.
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I could go on and on, and this just scratches the surface. This is what she has become after what they have done to her, and by they, I mean people in Australia too. I mean Australian politicians. Australia has an innocent mentally ill woman dying in a foreign hell hole and has simply watched her deteriorate, even allowing its own media to continue its onslaught with intrusion and malicious reporting. She should have been in a hospital a year ago, but instead she is being mentally tortured, and no-one lifts a finger to help her.
2.2 COMMENTS
Some comments from those who have seen her recently illustrate this further: "At one stage she sat on the floor with my daughter's stuffed frog that plays tunes and she was there holding it for 90 minutes without moving." Schapelle was a strong minded person then, determined not to crumble and determined to prove her innocence. Now shes like a timid little child who cowers when I scold her for doing silly things, like climbing the water tower. "She thinks she can hop up and go, she'd just start to get ready. She'd change her clothes and say 'let's go'. We'd have to say, 'No Schapelle, you can't'." Shes always talking about being better off dead. Im really concerned for her. Shes definitely not sane any more. She talks about going down which means down into a grave. She says she would be better off dead. "According to her cellmates she doesn't sleep at night," Kerobokan jail doctor Agus Hartawan said. "Sometimes she is blank. Sometimes she just hangs around the cell, sometimes she forgets about things. Sometimes she forgets to look after herself." "On this occasion she was dishevelled, was not looking after herself properly and was paranoid, believing someone was spying on her through a hold in the ceiling of her jail cell." She has this thing about climbing the water tower, all the time. Shes done it many times and I always have to go out and talk her down. She tries to refuse sometimes but always obeys me in the end either willingly or forcefully. I just insist in a firm way until she gives in. She never defies me. "Schapelle Corby is so traumatised by her time in jail that she has lost all touch with reality."
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DOCTOR JONATHAN PHILLIPS The comments from Dr Jonathan Phillips, a former president of the Royal Australian and New Zealand College of Psychiatrists, who examined her directly, are even starker:

"She is now helpless, hopeless, feels useless, she feels alienated, she feels removed from the rest of humanity." "Schapelle has now cut herself quite severely and many times over on two occasions." "By any normal definition of insane, Schapelle is sadly in that category." "She is in a situation where she could easily move forward to kill herself." "She is hanging on by a thread."
PSTCHIATRIC NURSE KIM BAX Kim Bax, a psychiatric nurse, explains Schapelles condition (see the YouTube interview on www.expendable.tv): Question: You are a psychiatric nurse aren't you? Kim: Yes I am Question: Can you describe what Schapelle condition is? Kim: Schapelle is a very very sick girl. At the moment she has a severe psychotic depression, very high risk of suicide, and is at high risk of harming herself. She is quite delusional. She is believing things that are untrue she is probably hearing things that are untrue. She is quite out if touch with reality. If she was in this country she would be in hospital, she would be having regular medication supervised by qualified nurses and doctors. She would probably have a nurse allocated to her 24 hours a day, at least for the first 2 or 3 weeks to get proper treatment, because she is at such high risk of suicide and such high risk of harming herself Question: Is her condition really that desperate or urgent? Kim: Absolutely. People with Schapelle's condition kill themselves all the time or end up with severe injuries. They are out of touch with reality, and so desperate that they can't bear to be alive. People in Schapelles condition are walking a tightrope.
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2.3 THE MEDICAL DIAGNOSIS

In August 2009, New Idea Magazine published an interview with Dr Jonathan Phillips, which starkly described the seriousness of Schapelle Corby's condition.
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2.4 THE AUTHORS ACCOUNT

Author, Kathryn Bonella, describes Schapelle Corbys short hospital stay, in 2009, in her book, Hotel K:
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Despite a significant number of serious incidents and medical traumas in her prison cell, Schapelle Corby has never since been allowed the hospital treatment she so desperately needs. The Australian government have been notified of her situation on a number of occasions.
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2.5 A FIRST HAND ACCOUNT

Robert McJannett, former Kerobokan prisoner, describes Schapelle Corby's deteriorating condition from his first hand experience. Question: Can you describe your first meeting with Schapelle Corby? Robert McJannett: It was a bit of a shock. It certainly wasn't what I was expecting after seeing all the pictures of her as some sort of beauty queen the media had been portraying. I knew she had a hard time, and had an unfair trial, from what I had seen in the media, even though a lot of it was not correct. You could tell something wasn't right. But when I saw her, I was shocked. She looked much older, and she did look ill, and was certainly not what I was expecting. Question: Can you explain some of the conversations with Schapelle? Robert McJannett: Yes. Because I had heard about her mental problems, I went straight to her. Being a person that has done a lot of negotiations over the years, with a lot of people, I think I can pretty well put questions to people and get the answers I'm looking for. So I posed a few direct questions to her at our first meeting, to see what response I got. And just from those responses, from those questions, I knew straight away that somethings not right. That she is a sick person. Question: Did you see any bullying or mistreatment of her? Robert McJannett: I saw that regularly. She gets bullied; she gets treated like no other prisoner in there. There were something like 800 odd prisoners in the prison, when I was in there, including the women's prison, and she gets treatment like no other prisoner. Question: Does she get support from other Australian prisoners? Robert McJannett: She basically gets no support from any other Australian prisoners, and thats one thing that really cut deep with me. I couldn't get my head around that.
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Question: You mentioned earlier about the commotion around her. Can you describe and explain that? Robert McJannett: Whenever she is around, there are always other Indonesian prisoners following her, or somebody shouting out her name, or the media tracking her. She never gets any peace, it is a wonder that she has survived as long as she does. Question: Did you witness the press approaching her at all? Robert McJannett: Yes constantly. Whenever the press came into the prison, usually because there was independence day celebration or some other reason they might be in there for, the media would get in, and as soon as they are in there they say lets go for Corby. They weren't in there for the other reasons at all. They were in there solely to harass Schapelle Corby, and get pictures of her, and sell to the media back in Australia. But there was a constant approach to Schapelle Corby. No doubt about it. Her surroundings in the womens section of the prison are worse than the mens. I think because its a Muslim country. The women's block is more dilapidated than the mens. Its more over crowded, and she is stuck in with prisoners, 10 to 13 other women. She didn't have the advantage of her own cell like I did, which I had paid for of course. I know she was getting harassed by other prisoners in her cell. For her the torment never ends. Its 24 hours a day. Question: What do you think will happen if she is left there? Robert McJannett: I think she will die, for sure. In fact, I'm surprised she has even lasted this long.
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[The Governments Response]
3. THE GOVERNMENTS RESPONSE

There has been no formal response at all. Despite provision of the full medical report in August 2009, and many times thereafter, the government have not even acknowledged its contents. Note that acknowledgement brings responsibility.
Shun Hatton, Schapelle Corbys Uncle: I have visited Schapelle in the Kerobokan prison when she was so severely traumatised that she didnt know who I was, she wasnt able to comprehend what was being said to her and she couldnt put a coherent sentence together. On that very morning, less than an hour before my visit with Schapelle, consular staff had visited her and reported that she was: fine, a little depressed but otherwise fine.
On its website, the Australian governments own Human Rights Commission, states clearly that: Prisoners, just like all other people, are entitled to enjoy their human rights. The United Nations Human Rights Committee has made it clear that prisoners enjoy all the rights in the International Covenant on Civil and Political Rights (ICCPR), subject to 'restrictions that are unavoidable in a closed environment'. (General Comment No.21) One right of special importance to prisoners is the right to be treated with humanity, dignity and respect while in detention. This human right is set out in articles 7 and 10 of the ICCPR, article 37 of the Convention on the Rights of the Child (CRC) and in the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). It would appear that, as far as the Australian government is concerned, these lofty statements and objectives do not apply to Schapelle Corby.
"Schapelle Corby is suffering a slow and torturous death, devoid of human rights, and devoid of any protection by her government."
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SECTION 18
Political Indifference
CONTENTS
1. Introduction 2. Post Publication Approaches 3. Political Indifference
[Political Indifference]
1. INTRODUCTION
The scale of the corruption and criminality documented by The Expendable Project became apparent several years prior to publication. It was clear from an early stage that these constituted serious and grave matters of state. It was also anticipated that the incumbent Australian government would recognise this, and would wish to engage dialogue and take appropriate actions to address the matters identified. Efforts were therefore made, on behalf of the project researchers, to bring the issues to the attention of the Prime Minister, and other ministers. The following is a representative segment of the approach log maintained during 2010:
28TH OCTOBER 2010 EMAIL REQUEST SENT TO JOHN MURPHY MP 1ST NOVEMBER 2010 EMAIL REQUEST SENT TO WAYNE SWAN MP, DEPUTY PRIME MINISTER 3RD NOVEMBER 2010 EMAIL REQUEST SENT TO ANDREW WILKIE MP 9TH NOVEMBER 2010 REQUEST VIA PERSONAL VISIT TO ELECTORAL OFFICE OF KEVIN RUDD MP 9TH NOVEMBER 2010 REQUEST VIA PERSONAL VISIT TO QUEENSLAND PARLIAMENT (Executive Building Brisbane) 10TH NOVEMBER 2010 EMAIL REQUEST SENT TO BRENDAN O'CONNER MP 12TH NOVEMBER 2010 EMAIL REQUEST SENT TO PETER STONEHOUSE, DFAT 17TH NOVEMBER 2010 TELEPHONE CALL REQUEST TO BRENDAN O'CONNER MP's OFFICE 18TH NOVEMBER 2010 FAX & EMAIL REQUESTS SENT TO ELECTORAL OFFICES
The office of Kevin Rudd MP refused to accept any documentation or letters, or read any of the material presented. On the same day, a visit was made to Queensland Parliament House, where the office of the Queensland Premier stated that they were not interested. No reply was forthcoming to any email, fax or telephone message. Despite this, ad hoc efforts continued through to the point of publication, in September 2011. Dialogue was rejected through a combination of direct refusal, and non-response.
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2. POST PUBLICATION APPROACHES

During the publication cycle of the Expendable Reports, all MPs and Senators were sent individual copies of each document. All were sent emails within 24 hours of each upload to the Expendable.TV website. Some were also sent paper copies. Equally, members of the public contacted politicians, on a regular basis, often copying their correspondence directly to The Expendable Project team. Almost invariably, their approaches were ignored. Whilst, on a handful of occasions, emails were forwarded to ministers, in no case did a politician ever acknowledge the Expendable Project itself. It should be stressed that there is no doubt that the vast majority of politicians did receive many of the emails, as digital read receipts were preserved and forwarded. Many emails were extremely detailed, often presenting the issues in a compelling manner. The following examples were sent to all elected federal representatives:
POLITICAL CORRUPTION & ABUSE OF HUMAN RIGHTS

Mr Rudd, Mr McClelland, Mr O'Connor, I am extremely concerned that there has been no public response, and no reply to any enquiry, from any government office, with respect to the serious and disturbing matters being revealed by The Expendable Project. I am informed that you are aware of this initiative. You will therefore be aware of the many cases of abuse of office, malpractice, and even illegal acts, undertaken by members of the John Howard administration whilst in office, with respect to the Schapelle Corby case. I am sure that you will agree that these are extremely grave matters, yet the government has not even acknowledged them. Ironically, the causes of the present, self-incriminating, media silence on these issues, are currently being published by the project. To introduce a small degree of transparency, at least with respect to this letter, I have copied it to a number of your parliamentary colleagues. I have also included a number of prominent lawyers, police officers, commissioners, overseas journalists, and independent agencies. Please also note that numerous documented efforts by associates of the project team, to provide the project information confidentially, were rejected by your offices last year.
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THE EXPENDABLE PROJECT The Expendable Project has been publishing government cables, letters, and other materials, for the past six weeks. These have been professionally documented in a series of reports. Please allow me to recap what we have already seen:
1. THE TRANSIT REPORT. The wilful withholding of vital primary evidence from Schapelle Corby's lawyers. The wilful withholding of vital evidence generally. The misleading of parliament. Direct and wilful lies to the media and parliament. The de facto sanction of AFP malpractice. 2. THE MUTUAL EVASION REPORT. The wilful evasion of due diligence responsibility, with respect to Schapelle Corby's requests for the testing of the marijuana which was placed in her bag. The provision of false information to the public. Direct lies to parliament. 3. THE SHOW TRIAL REPORT. Wilful endorsement of, and support for, a foreign court which was demonstrably and systematically abusing the human rights of an Australian citizen. Endorsement of the ongoing abuse of human rights. 4. THE WHITEWASH REPORT. Endorsement of ACLEI's proven complicity with the AFP, in failing to properly investigate allegations of corruption made by a member of the public. 5. THE INSIDER REPORT. The pressing on to Schapelle Corby of an Australian QC, who subsequently claimed to be working for the government, and who decimated her appeal by attacking her defence team in the media. 6. THE POWDERGATE REPORT. The total misrepresentation of a flour hoax, and the use of this hoax by government to launch verbal attacks on supporters of Schapelle Corby. The permitting of wholly false media reports to circulate globally, thus further damaging support for Schapelle Corby, and Australia's reputation. 7. THE POLITICAL SEIZURE REPORT. The unlawful seizure of Schapelle Corby's book royalties, outside Australian jurisdiction, via secret trials which brought the judicial system itself into disrepute. The consequential damaging signal to Jakarta with respect to a citizen still in Indonesian legal process, and the denial of the funds necessary for medicines, and for a further legal appeal. 8. THE DFAT NETWORK REPORT. The covert funding of a pro-Indonesian network, which demonstrably managed the Australian media against Schapelle Corby, and whose tentacles stretch even to the Press Council.
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9. THE PRIMARY SMEAR REPORT. The proven fabrication of smears and lies from within the state's broadcasting corporation, the ABC, to source and engineer public opinion against Schapelle Corby. 10. THE FOI ABUSE REPORT. The open and repeated abuse of the Freedom of Information Act, across a multitude of government departments, which denied Schapelle Corby her legal right to access information held on herself.
I am sure that you recognize the serious and fundamental nature of these issues, with respect to the integrity of government and state, including the position on human rights. This correspondence is intended to establish what measures you have taken, or are about to take, to address all the issues identified, in an open, public, and transparent way. Could you please provide this information, as a matter of urgency? I look forward to your personal response, and appreciate your time. Finally, could I urge and request that you secure the release of the innocent victim, this being the immediate priority? Her grave condition is of the utmost concern. I look forward to hearing from you.
Name Withheld Queensland Australia
I HAVE 30 QUESTIONS FOR YOU

1. Why were Schapelle's bags 5kg overweight on the Qantas system, when she checked in without excess baggage charge ($175)? [Transit Report] 2. Why were Schapelle and her lawyers never TOLD that her bags were 5kg overweight on the Qantas system? [Supplementary Report] 3. Why did Keelty tell the media that there was no evidence of airport drug syndication two weeks before the verdict, when this was clearly and utterly false? [Transit Report]
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4. Why did Ellison withhold the vital information, that ONLY the boogie-board bag was not scanned, when Schapelles lawyer asked, TWICE? [Transit Report] 5. Why was this hidden from Parliament, when direct questions were asked? [Transit Report] 6. Why did John Howard, and his friend, Head of SACL, Max Moore-Wilton, keep quiet about it, when they both knew? [Transit Report] 7. Why did the AFP never investigate the reason for this missing screening data? [Transit Report] 8. Why did Ellison, Keelty and the AFP withhold all the other vital information, including information from the Kessing Reports? [Transit Report] 9. Why did the AFP and DFAT evade the forensic tests Schapelle was begging for? [Mutual Evasion Report] 10. Why did DFAT not invoke the MACM treaty to obtain the sample of the marijuana Schapelle begged them for, when they could have? [Mutual Evasion Report] 11. Why did Ellison tell a false story about marijuana testing to a constituent? [Mutual Evasion Report] 12. Why did the AFP and Qantas give totally contradictory stories about the missing CCTV footage Schapelle pleaded for? [Transit Report] 13. Why did the AFP tell Parliament that they couldn't perform marijuana pollen tests, when they could, and had originally offered to perform them? [Mutual Evasion Report] 14. Why did the AFP refuse the services of a forensics expert who was able to perform these tests? [Mutual Evasion Report] 15. Why did Downer and Howard endorse the original Bali trial, when they were well aware of the multitude of legal and human rights abuses throughout? [Show Trial Report] 16. Why did Ellison endorse the burning of the evidence, when Schapelles lawyer pleaded for it to stop? [Mutual Evasion Report] 17. Why have DFAT endorsed and hidden the ongoing human rights abuses of a mentally ill Australian citizen for seven years? [Health Report]
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18. Why were ACLEI, when forced to examine the AFP's role, complicit with the AFP in producing a report which was an utter embarrassment to all? [Whitewash Report] 19. Why was a functionary, at the heart of the Howard regime when the above abuses occurred, allowed to rubber stamp ACLEI's rubber stamp? [Whitewash Report] 20. Why was there a totally unique flight delay pattern when Schapelle passed through Sydney airport, and whilst her bag was in the same baggage area as the Mocha cocaine? [Transit Report] 21. Why did the government force an Australian QC on to Schapelle Corby, and then hide when he decimated her appeal by attacking her defence team to the media? [Insider Report] 22. What was the precise role of Justice & Customs Minister Ellison, the QCs long term friend, in this appalling situation? [Insider Report] 23. Why was there no comment when the QC admitted that he was working for the government, and not for Schapelle Corby, all along? [Insider Report] 24. Why did Downer and Howard publicly call a standard flour hoax a 'biological agent' and a 'murderous attack', when there was no evidence at all to suggest it wasnt flour? [PowderGate Report] 25. Why did neither of them say that the note didn't mention Schapelle Corby, and was written in Bahasa, when they promptly blamed it on her supporters? [PowderGate Report] 26. When the AFP email was sent at 6:35pm, why didnt Ellison immediately alert all parties, to prevent the false (but support-wrecking) story from circulating around the world? [PowderGate Report] 27. Why did the government seize Schapelle Corby's book royalties when she was still in legal appeal in Indonesia, knowing full well what signal this would send to Jakarta? [Political Seizure Report] 28. Why did they bring the judiciary into disrepute, by extending Australian jurisdiction outside Australia, and holding secret trials, at which Schapelle Corby was not even represented? [Political Seizure Report] 29. Why did they deny her the funds for another appeal, and for medicine, even when they knew about the nature of the Bali trial, and about the vital primary evidence they had withheld? [Political Seizure Report] Section 18 Page 1 - 6
30. Why has the ABC been engaged in a clear campaign of hostility against Schapelle Corby and her family, which has included a number of known tools of propaganda, and which has even required an apology for presenting malicious allegations as fact? [Opinion Management Report] Name Withheld
THE CHALLENGES OF EXPOSING CORRUPTION

The question of how to expose corruption or abuse of office within a government has never been a trivial one to answer. This is particularly the case when the tentacles of the government in question extend so deeply into that nations media. The Expendable Project was created to address this with respect to Australia, and to disclose appalling misconduct in the case of Schapelle Corby, a now mentally ill woman enduring her seventh year of twenty in an Indonesian prison, for a crime she patently did not commit. The emails and cables between government ministers, the Australian Federal Police, and a multitude of other parties, tell their own tale. They reveal the withholding of critical primary evidence, wilful lies, cover up, and a host of other disturbing acts which typically materialize when a government takes the wrong path. The volume of material is substantial, and it is authentic. The chosen strategy of the project was to release it at 48-72 hour intervals, to enable better public and media consideration of its magnitude. This process commenced from the project website, www.expendable.tv, on 15th September 2011.
CANBERRAS REACTION The interest from Canberra, and from those commercial entities involved in the case itself, was immediate. As disclosed from the website logs on 21st September, every major government department was visiting the website multiple times each day. They are well aware of the significance of the information, of its national importance, and of its fundamental relevance to the concept of public accountability. They are also well aware of how close to home the disclosed abuse actually is. Section 18 Page 1 - 7
Australian MP's and civil servants alike can see acts of calculated malpractice, by the former administration, unfolding before their eyes. They can see political priorities being set; priorities which starkly placed the life of a citizen below that of reputation, vested commercial interests, and international relations. They can see, for example, serious security issues at Sydney International Airport, involving wide scale criminality, being hidden, at the expense of a citizen, who just happened to pass through the quagmire on the wrong day and at the wrong time. They can see the story being narrated by the Howard administration's own hands, through the memo's, correspondence and government records. They cannot dispute it, but they can ignore it, and they can seek to suppress it.
SUPPRESSION & INTRUSIVE MONITORING Regrettably, this appears to be the route they have chosen to take. They are demonstrably aware of the revelations, and their horror is documented within the Expendable website visitor logs. But they have thus far failed to acknowledge the gravity of the revelations, or even their existence. They are not alone. The Australian media, who are also aware of the disclosures, have maintained a wall of silence. Apparently, newly disclosed government emails and cables, exposing the most disturbing of conduct, doesn't warrant a single column inch in any mainstream Australian publication. On 22nd September, however, the story took another sinister twist. The Australian Federal Police were caught deploying ripper software against the Expendable.TV website, taking unauthorized copies, intruding behind the public presentation, and simultaneously scanning for security vulnerabilities. The project immediately published the log entries, and informed the FBI in the United States, where the website is hosted. The Australian government have also refused to respond to this latest disturbing matter, and again, it remains entirely unreported in the Australian media.
PUBLIC INTEREST The project team intends to continue publishing the information on schedule. With respect to the current Australian government, however, the question becomes: at what point does refusal to acknowledge corruption or misconduct in a previous regime, become complicity.
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Refusing to confront wilful acts of malpractice, and political wrongdoing, when the victim is still suffering its consequences, cannot reasonably be viewed as acceptable national governance in a democratic state. A media which purposely fails to report serious misconduct in its government cannot be regarded as a free press. This is a script being written by Australia itself. Even sharper focus is provided by the woeful state of the victim. Just a few weeks ago, Schapelle Corby overdosed on 9 days supply of her psychotic medication. Those psychiatrists, who were approached by The Expendable Project, considered this to be a serious suicide attempt. Public interest is clear, and it is being betrayed. Australia is facing its own version of Watergate, which has been dubbed SchapelleGate on the internet. Unlike the United States, however, Australia is failing the test. Name & Address Withheld & Address Withheld
Despite the substantial number of emails and letters from the public, ranging from the lengthy and well argued, to the emotional and distressed, neither the The Expendable Project, nor the grave matters it reveals, have ever been referenced or acknowledged. This remains the case to this day.
3. POLITICAL INDIFFERENCE
The reasons for this total indifference, to both serious corruption in government, and human rights abuse, can only be speculated upon. However, the net effect of the entire political establishment of Australia refusing to confront these most disturbing issues, has been to protect those responsible, and condemn a mentally ill Schapelle Corby to further years of suffering, and potentially to death. Politically, of course, this is perhaps understandable. But in legal, human and moral terms, it breaches all norms of civilised behaviour.
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End of Section 18
APPENDIX
Further Case Exhibits
CONTENTS
1. Amended Letter On Boogie-Board Bag Scanning 2. A Carefully Crafted Position 3. The Kessing Referral Letter 4. Preparing The Script 5. Kevin Rudd Letter To Alexander Downer 6. Christopher Ellison's Template Response 7. Schapelle Corby - The Hot Potato 8. The Mechanics Of Sacrifice - The Cable 9. The Mechanics Of Sacrifice - The Meeting 10. AFP Duplicity - The Changing DFAT Request 11. DFAT Duplicity - The Marijuana Testing Request 12. AFP Duplicity - The Marijuana Testing Request 13. Schapelle Corby's Plea For Justice 14. The Sentence Discrimination Complaint 15. Public Evasion By The Prime Minister 16. Consular Report On Plea For Government Honesty 17. Consular Report On Forensic Testing 18. Paris Hotman's Insights 19. The Law Council & AFP Commissioner Keelty 20. A Mutual Assistance Request 21. A Gift From The State 22. The Queensland Police Certificates 23. Unanswered Questions (Aviation Security) 24. Another Example Of Airport Criminality 25. Keelty, Ellison & The Media 26. The Refused Independent Enquiry 27. Enforcing The Government's Policy 28. Continued Government Censorship 29. The Hotman Complaint
[Appendix]
1. Amended Letter On Boogie-Board Bag Scanning

This is an amended version of the letter from DOTARS to AFP Commissioner Keelty, which is presented in Section 2. This version includes a comment from another letter, by Minister for Justice & Customs Christopher Ellison, stating that "We also understand that SACL does not have a listing of the 4th baggage item having been recorded by the checked baggage system". The vital information, that the boogie-board bag was the ONLY bag not scanned at Sydney Airport, was withheld from Schapelle Corby and her lawyers, when they asked directly about baggage transfer, and x-ray scanning, in July 2005.
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[Appendix]
2. A Carefully Crafted Position

Whilst the vital information, that Schapelle Corby's boogie board bag was the only bag not scanned, was withheld, the government were well aware of its importance and criticality. They worked extremely hard to co-ordinate a "carefully crafted" public position:
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3. The Kessing Referral Letter

The Howard government's political pursuit of Allan Kessing was initiated after reports were published in The Australian newspaper, which exposed systemic corruption at Sydney Airport. The following referral letter was sent from Customs to the AFP on 1st June 2005. It reveals a range of information which was directly relevant to Mr Kessing's court case, some of which would have been extremely beneficial to his defence. However, as also explained by The Australian, this was withheld by the AFP. It was never submitted to the court or to his defence team. As demonstrated by The Expendable Project, this was a common feature of AFP behaviour with respect to Schapelle Corby.
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[Appendix]
4. Preparing The Script

In July 2005, the Attorney-General's Department prepared a set of standard responses, intended to manage questions posed by the media or any other third party. This was an extensive effort, and was conducted largely for PR purposes, but it ensured that the public remained ignorant of what was really transpiring behind the scenes. The particular email below is a self explanatory example. It suggests that responses should be prepared to some of the core questions being asked about the AFP. This particular suggestion was rebuffed, by Minister Ellison's Justice & Customs Department.
Appendix
Page 1 - 8
[Appendix]
The policy and agenda with respect to the Schapelle Corby case extended across all departments, and covered a range of documentation. The following is an exhibit from the Prime Minister's office:
Appendix
Page 1 - 9
[Appendix]
It is interesting that this strict government wide regime even embraced Qantas, an apparently independent commercial entity.
Appendix
Page 1 - 10
[Appendix]
5. Kevin Rudd Letter To Alexander Downer

Kevin Rudd challenges Foreign Minister Downer, during the period in which the AFP were falsely denying that drug syndicates were using innocent passengers. He refers to the case of 'Steve & Dee', who had found a large consignment of marijuana in their luggage when they arrived in Bali, and had taken it to the Australian consulate. He also refers to former AFP officer, Ray Cooper, who had blown the whistle on the AFP, by claiming that they were well aware of this practice.
Appendix
Page 1 - 11
[Appendix]
Appendix
Page 1 - 12
[Appendix]
6. Christopher Ellison's Template Response

A standard letter was prepared for Justice & Customs Minister Christopher Ellison. As The Expendable Project demonstrates, this painted an entirely different picture to what was actually occurring behind the public relations text.
Appendix
Page 1 - 13
[Appendix]
Appendix
Page 1 - 14
[Appendix]
7. Schapelle Corby - The Hot Potato

In the context of flagrant insecurity and wholesale corruption at Australian airports, it is perhaps understandable that responsibility for the Schapelle Corby case was passed around government departments and agencies like a hot potato:
Appendix
Page 1 - 15
[Appendix]
8. The Mechanics Of Sacrifice - The Cable

On 27th March 2005, Justice & Customs Minister Christopher Ellison sent a message directly to the Indonesian government. At the worst possible time for Schapelle Corby, this sent a very clear signal:
Appendix
Page 1 - 16
[Appendix]
Dispatch:
The Indonesians received the following text: "It is the view of the Australian Government that the conduct of Ms Corby's case, including the presentation of evidence and any decision about whether to make an appeal, is entirely a matter for Ms Corby's lawyers and not the Australian Government." The message this conveyed, that as far as the Australian government was concerned, Schapelle Corby was on her own, could not have been lost in Jakarta. Schapelle Corby, her lawyers, the Australian parliament, and the Australian people, were completely oblivious to this, as the government presented the opposite picture for public consumption.
Appendix
Page 1 - 17
[Appendix]
9. The Mechanics Of Sacrifice - The Meeting

On 7th April 2005, Justice & Customs Minister Christopher Ellison attended a meeting with the Indonesian Attorney-General, at which the Australian AttorneyGeneral was not present. The subject of their discussions was Schapelle Corby. Schapelle Corby's lawyers believed that Ellison had sought only to avoid the death penalty, which the Australian government would have been forced to oppose. They believed that he had effectively signalled that any other sentence would be manageable from the Australian government's perspective. The following priority cable was sent from the Australian consulate in Jakarta to Canberra on 12th April 2005.
This was followed up the next day, when the cable below was sent from the Bali consulate:
Appendix
Page 1 - 18
[Appendix]
Yet again, this entirely contradicts the picture which the Australian government were presenting to the media, the public and even the Australian parliament. To this day, the Australian government continue to refuse to give any account of this meeting, or provide a transcript, either written or verbal.
Appendix
Page 1 - 19
[Appendix]
10. AFP Duplicity - The Changing DFAT Request

The Australian government's evasion of its statutory and moral obligation, to assist Schapelle Corby with respect to her efforts to have the marijuana tested for country of origin, is documented in Section 5. During this process, the need for frequent retrospective revision was inevitable. The following briefing note, to Justice & Customs Minister Christopher Ellison, clearly refers to DFAT's formal written request to the AFP to secure the requisite testing:
Appendix
Page 1 - 20
[Appendix]
However, as the government's policy unfolded against Schapelle's Corby's interests, as evidenced throughout The Expendable Project, this was subsequently revised to a mere discussion:
This was not the only reference to DFAT's formal written request within the myriad of documentation secured for the project. However, such references, following the above briefing date, uniformly ceased.
Appendix
Page 1 - 21
[Appendix]
11. DFAT Duplicity - The Marijuana Testing Request

The following cable clearly states that the Indonesian police responded positively to an informal AFP offer to forensically test the marijuana found in Schapelle Corby's bag:
Appendix
Page 1 - 22
[Appendix]
DFAT, however, were extremely concerned to ensure that this information was not communicated to Schapelle Corby or her lawyers:
Appendix
Page 1 - 23
[Appendix]
Subsequently, the Foreign Minister himself prepared the following letter to a fellow MP:
The contradiction and reversal of position is self-evident, while its timing fully aligns with the government's unfolding policy against Schapelle's Corby's interests. For further details se Section 5.
Appendix
Page 1 - 24
[Appendix]
12. AFP Duplicity - The Marijuana Testing Request

The following AFP briefing note, to Justice & Customs Minister Christopher Ellison, clearly states that the Indonesian police responded positively to an informal AFP offer to test the marijuana found in Schapelle Corby's bag:
Appendix
Page 1 - 25
[Appendix]
However, subsequently, the AFP prepared the following, for a response to a Senate parliamentary committee:
Appendix
Page 1 - 26
[Appendix]
The contradiction is self evident: Why would the AFP offer tests (to the Indonesian Police) which it knew it could not perform? The truth is that the tests were well established and readily available. The Hidden World Research Group have obtained documentation from a leading forensic scientist, who repeatedly offered to perform such tests for the AFP, but was rebuffed. Note also that The Hidden World Research Group have been unable to obtain confirmation of whether AFP Commissioner Keelty's meetings with his Bali counterpart, Made Pastika, subsequent to the INP's positive reaction, were witnessed or minuted. On request, the AFP refused to provide any information at all on these crucial exchanges. For further details of the disturbing events surrounding Schapelle Corby's efforts to have the marijuana properly tested, see Section 5.
Appendix
Page 1 - 27
[Appendix]
13. Schapelle Corby's Plea For Justice

Prior to the verdict, Schapelle Corby wrote her own plea for justice in her prison cell. Her note appealed directly to the Judge, who she called Mr Hakim (the Indonesian word for Judge). The full hand written note is presented below:
Appendix
Page 1 - 28
[Appendix]
Appendix
Page 1 - 29
[Appendix]
14. Sentence Discrimination Complaint

The legal and human rights abuses endured by Schapelle Corby during the Bali trial are documented in Section 6. Despite suggestions to the contrary, by government supporters within the Australian media, the 20 year sentence was also unprecedented.
27th May 2005 The Hidden World Research Group made extensive searches through the Supreme Court database in Jakarta, and could find no case at all in which a sentence of this magnitude was endorsed for a similar marijuana offence. The discriminatory and political nature of the sentence was also starkly illustrated by a media research exercise, and by reference to a number of legal analysts. This aspect was also very clear to Schapelle Corbys Indonesian lawyers. Indeed, it was so clear that Jakarta based lawyer, Hotman Paris Hutapea, took the step of writing directly to both the Indonesian President and the Prime Minister of Australia. His letter is reproduced in full below.
Appendix
Page 1 - 30
[Appendix]
Appendix
Page 1 - 31
[Appendix]
Appendix
Page 1 - 32
[Appendix]
Appendix
Page 1 - 33
[Appendix]
The letter was not even acknowledged. Indeed, the Australian government continued to present the sentence as though it was wholly within normal parameters, and equally, continued to dismiss the clear and documented abuses at the trial itself see Section 6). Australian politicians, including the Prime Minister himself, abrogated all responsibility to protect and assist one of their own citizens, despite her obvious and desperate need.
Appendix
Page 1 - 34
[Appendix]
15. Public Evasion By The Prime Minister

The document produced below is the Australian government's transcript of an interview of 16th May 2005, in which Prime Minister John Howard openly evades a direct question put to him by broadcaster Alan Jones. Alan Jones subsequently refers to the case of 'Steve & Dee', who had also found marijuana in their luggage on arrival in Bali. This information had been withheld from Schapelle Corby and her lawyers, by the government.
Appendix
Page 1 - 35
[Appendix]
16. Consular Report On Plea For Government Honesty

The first page of an Australian Consulate report to Canberra, dated 13th April 2005, is produced below. The lawyers plea for help fell on deaf ears, as the government continued to suppress information on the corruption and criminality at Sydney airport, which is documented in Section 3, and throughout this dossier.
Appendix
Page 1 - 36
[Appendix]
17. Consular Report On Forensic Testing

The first page of the Australian Consulate's report to Canberra on the Bali court hearing of 3rd March 2005 is produced below. Note the reference to Schapelle Corby's repeated efforts to secure forensic testing of the evidence, something which was subsequently misrepresented by Australian government ministers (see Section 5). Despite her ongoing efforts, and her appeals to the Australian government, the evidence was subsequently burned, untested.
Appendix
Page 1 - 37
[Appendix]
18. Paris Hotman's Insights

In 2005, Schapelle Corby's Indonesian lawyer, Paris Hotman, directly encountered the hostility of the Australian government. Despite being wholly unaware of many of the abuses of office exposed by The Expendable Project, his dismay and frustration at the position of the government increased on the basis of his own experiences. This manifested itself in the following complaint, which was faxed to the Prime Minister's office:
Appendix
Page 1 - 38
[Appendix]
Appendix
Page 1 - 39
[Appendix]
Appendix
Page 1 - 40
[Appendix]
19. The Law Council & AFP Commissioner Keelty

With the AFP, and even the media, awash with evidence of drug syndication at Australian airports involving corrupt baggage handlers and others, and with the AFP actually in possession of the Kessing Reports, Commissioner Michael Keelty stated the following just a few weeks before the verdict: "There is very little intelligence to suggest that baggage handlers are using innocent people to traffic heroin or other drugs between states" The Law Council of Australia's condemned Keelty's clearly damaging and false preverdict comments as follows:
Appendix
Page 1 - 41
[Appendix]
Even following this, however, Keelty remained defiant, apparently claiming that he was in some way defending the AFP:
This was not his first internal denial of the position:
Appendix
Page 1 - 42
[Appendix]
The AFP's self interest, regarding their culpability, vis--vis their failings and role with respect to the systemic corruption and criminality at Sydney Airport, was a common theme:
The full impact upon Schapelle Corby's position at the Bali trial, of Australia's top policeman making such hostile and directly negative comments, can only be speculated. However, as documented elsewhere in The Expendable Project, this was far from his only unhelpful contribution.
Appendix
Page 1 - 43
[Appendix]
20. A Mutual Assistance Request (Pending)

In November 2004, the Australian government made an application to the United States of America, under the Mutual Assistance Treaty In Criminal Matters Act, for operational assistance with respect to Schapelle Corby. Further details on this will be published later.
Appendix
Page 1 - 44
[Appendix]
21. A Gift From The State

Operation Rhodium was an alternate name for Operation Mocha. This embraced the 10kg of cocaine which was being handled in exactly the same baggage make up area, at exactly the same time, as Schapelle Corby's boogie-board bag, when it passed through on 8th October 2004. An informant, code named 'Tom', was an integral part of this syndicate. However, not only was he never charged, but as the letter below reveals, he was allowed to keep $758,370 of the money he had accrued from the sale of cocaine. Note that it has been stated by credible sources that this government generosity also bought his silence on a number of matters, including the scale of police involvement on 8th October and other dates. Indeed, he was prevented from disclosing some of this information by a magistrate, when he gave his evidence in court. Compare this approach to the ruthless and expensive pursuit of Schapelle Corby's innocently earned book royalties, which denied her the funds for another appeal, and for ongoing medicines.
Appendix
Page 1 - 45
[Appendix]
22. Queensland Police Certificates

As demonstrated in earler sections of the Australian media were encouraged by the government to embark upon a lengthy campaign of smear, innuendo, and fabrication, which misrepresented Schapelle Corby and her family. The following certificates were issued by the Queensland Police Service to help counter these false allegations, and state that there were no convictions against them. These were completely ignored by the ABC and those journalists responsible.
Appendix
Page 1 - 46
[Appendix]
Appendix
Page 1 - 47
[Appendix]
Appendix
Page 1 - 48
[Appendix]
Appendix
Page 1 - 49
[Appendix]
Appendix
Page 1 - 50
[Appendix]
Appendix
Page 1 - 51
[Appendix]
23. Unanswered Questions (Aviation Security)

On 23rd May 2005, Opposition Leader, Kim Beazley, put a number of direct questions relating to aviation security to the Howard government:
Appendix
Page 1 - 52
[Appendix]
Appendix
Page 1 - 53
[Appendix]
Appendix
Page 1 - 54
[Appendix]
Appendix
Page 1 - 55
[Appendix]
24. Another Example Of Airport Criminality

When Schapelle Corby travelled to Bali, corruption and criminality at Australian airports was rife. Many people subsequently came forward to offer their own direct experiences. The following is an affidavit from a passenger who travelled through Sydney on the day following Schapelle Corby's arrest:
Appendix
Page 1 - 56
[Appendix]
25. Keelty, Ellison & The Media

Keith Moor was the Herald Sun journalist who produced the wholly false story claiming that Schapelle Corby had been photographed with a drug dealer prior to her arrest. The photographs had been seized by the police following a raid on the home of a petty criminal, and their existence was quickly leaked. It later emerged that the photographs were actually taken from within Kerobokan prison, and the criminal was merely one of the many people who visited and posed for photographs with her whilst she was on remand. Neither Moor, nor the police, ever apologised for the damage this false allegation caused. The following email extracts, in which Moor proudly demonstrates his work in defending the AFP to another journalist, reveal his relationship with AFP Commissioner Keelty. Moor's false story appeared just a few weeks later, during Schapelle Corby's appeal process. The timing could not have been worse, in terms of negative influence upon the outcome.
Appendix
Page 1 - 57
[Appendix]
Note also that Justice & Customs Minister Chris Ellison, whom Keelty reported to, subsequently denied involvement, despite his office being cited by a variety of media outlets:
Appendix
Page 1 - 58
[Appendix]
26. The Refused Independent Enquiry

During the early weeks of Schapelle Corby's incarceration, and before the Australian government had formulated its hostile policy, a number of parties understood that there were substantive and serious issues in play. Such was the magnitude of these concerns, that one such party (name withheld) approached the Attorney-General's Department asking for an Independent Inquiry:
Appendix
Page 1 - 59
[Appendix]
Appendix
Page 1 - 60
[Appendix]
Despite the requestor clearly being a party of some influence, this suggestion was quickly rejected by the Attorney General, Phillip Ruddock:
Appendix
Page 1 - 61
[Appendix]
This point blank refusal to consider such a move fully aligns with the ongoing position of the AGD with respect to the other Schapelle Corby related issues it was dealing with. The reference to 'Independent' could imply independence from Indonesia. However, the reference to "an independent inquiry into this matter in Australia" suggests that the request could pertain to independence from one or more Australian parties. It could reflect the known corruption within the AFP, and the allegations of AFP involvement in drug syndication at the airports. Equally, it could refer to the AGD itself. The government's own records on the subject clearly demonstrate that the AGD had, in practice, lost at least some of its own independence with respect to Schapelle Corby. Whilst Phillip Ruddock was the Attorney General, many aspects of the Schapelle Corby case were apparently being managed on behalf of the AGD by the Justice & Customs Minister. Correspondence and engagements, which might be expected to fall within the remit of the AGD, were in many cases being undertaken by a party whose actual portfolio included airport security and the Australian Federal Police.
Appendix
Page 1 - 62
[Appendix]
27. Enforcing The Government's Policy

Having determined to sacrifice the welfare of a citizen, Schapelle Corby, the Australian government proceeded to co-ordinate support for this policy throughout its departments:
Appendix
Page 1 - 63
[Appendix]
28. Continued Government Censorship

The Australian government, even to this day, seek to prevent public access to information relating to the corruption at Sydney airport, when Schapelle Corby passed through. This page is one of many similar provided in response to a Freedom of Information request in 2011:
With respect to requests made on behalf of Schapelle Corby herself, for information held on herself, government departments openly breached her legal rights through a variety of abuses of legislation. These are documented in Section 14.
Appendix
Page 1 - 64
[Appendix]
29. The Hotman Complaint

INTRODUCTION The Hidden World Researcg Group report, Exceptions At Australian Airports With Respect To The Schapelle Corby Case, identified and demonstrated a significant number of disturbing matters pertaining to the remit of the Justice & Customs Minister, Christopher Ellison. Additional issues, of a similar nature, are documented across a number of other reports and dossiers published as part of The Expendable Project. However, despite having no knowledge of the material and evidence, which has been obtained for this project, Schapelle Corbys lawyer experienced sufficient frustration himself that he felt compelled to formally submit a list of serious complaints and allegations to the Australian government. Examples of the sort of serious issues he was unaware of include: the withholding of the information that Schapelle Corbys boogie-board bag was the only one not scanned at Sydney airport, and knowledge that Ellison was a central player in the PowderGate affair. The role and position of the Prime Minister is also documented by The Expendable Project, but insufficient information was available to Mr Hutapea at that time to enable him to realize the futility of his initiative. Regardless, this supplementary report reveals some of his ongoing frustrations at the apparent inactivity and position of the government. It further provides the nine pages of his formal complaint, with respect to Ellison, which was received by the Prime Ministers office on 12th August 2005. ONGOING DIFFICULTIES During the months and weeks from June 2005, Mr Hutapea encountered an increasing number of delays, problems, and obstacles, in seeking to obtain information and garner support from the Australian government. He complained many times, to no effect.
Appendix
Page 1 - 65
[Appendix]
The following exemplify his rising frustration at the increasingly obvious hostility from Canberra:
Appendix
Page 1 - 66
[Appendix]
12th July 2005
22nd July 2011
Appendix
Page 1 - 67
[Appendix]
26th July 2005
29th July 2005
23rd August 2005
Appendix
Page 1 - 68
[Appendix]
A FORMAL COMPLAINT The full complaint, as received and stamped by the Prime Ministers office, 12th August 2005:
Appendix
Page 1 - 69
[Appendix]
Appendix
Page 1 - 70
[Appendix]
Appendix
Page 1 - 71
[Appendix]
Appendix
Page 1 - 72
[Appendix]
Appendix
Page 1 - 73
[Appendix]
Appendix
Page 1 - 74
[Appendix]
Appendix
Page 1 - 75
[Appendix]
Appendix
Page 1 - 76
[Appendix]
Appendix
Page 1 - 77
End of Appendix
She is dying a slow torturous death, in squalor, devoid of human rights, and abandoned by her government
"Schapelle Corby and her family have not only had to endure a terrible injustice in Indonesia, but the vilification and hostility of a second state"
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Expendable

The Political Sacrifice Of Schapelle Corby Official Reference Dossier

APPENDIX Related exhibits, documentation and other relevant items

Web Based Version www.Expendable.tv

The Hidden World Research Group

The Expendable Project

3. The Expendable Project

3. THE EXPENDABLE PROJECT

The Hidden World Research Group

The Expendable Project

2. The Historical Perspective

3. The Absence Of A Motive

[The Absence Of Motive]

1. THE COMPARATIVE PRICE OF MARIJUANA

[The Absence Of Motive]

[The Absence Of Motive]

[The Absence Of Motive]

2. THE HISTORICAL PERSPECTIVE

[The Absence Of Motive]

3. THE ABSENCE OF A MOTIVE

Hidden World Research Group

The Expendable Project

2. Luggage Tags & Screening Records

4. Issues & Findings

1.2 SCHAPELLE CORBY

[Luggage Tags & Screening Records]

2. LUGGAGE TAGS & SCREENING RECORDS

[Luggage Tags & Screening Records]

2.2 THE QUESTION OF WEIGHT

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

2.3 AIRSIDE: BEHIND THE SCENES

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

2.4 THE MISSING RECORDS & THE POLITICAL REACTION

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

And again, with the marijuana and space bag:

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

On the 11th July 2005, Mr Keelty issued the following:

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

Referral Note: Customs to the AFP

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]

[Luggage Tags & Screening Records]