Pubdate: Wed, 13 Sep 2006
Source: Sydney Morning Herald (Australia)
Copyright: 2006 The Sydney Morning Herald
Contact:  http://www.smh.com.au/
Details: http://www.mapinc.org/media/441
Author: AAP
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

CORBY'S APPEAL REJECTED BY PROSECUTOR

Indonesian prosecutors rejecting Schapelle Corby's last  ditch appeal 
say there was no need for police to  fingerprint the bodyboard bag in 
which she's alleged to  have concealed 4.1kg of marijuana.

"There was no need for fingerprinting because the  evidence was 
inside the convict's bag," said prosecutor  Suhadi (Suhadi), in his 
written rejection of Corby's  bid to overturn her 20-year sentence 
for drug smuggling.

Corby last month applied to Indonesia's Supreme Court  for a judicial 
review of her case - the last chance  court appeal before she pleads 
for clemency.

She insists the marijuana found in her bodyboard bag at  Denpasar 
airport in October 2004 was planted by members  of a drug ring 
operating at Australian airports.

One plank of her final appeal was that as police had  not checked for 
fingerprints on the plastic bag  containing the marijuana, 
prosecutors had failed to  prove she was a drug smuggler.

But Suhadi, in his response to the Corby appeal filed  with the 
Denpasar District Court today, rejected the  argument.

"That is not an argument but a mere conclusion by the  appealer 
because the appealer has no evidence to show  that the bodyboard bag 
with marijuana in it is not  hers."

Suhadi also said Corby's lawyers had argued that  importation could 
only occur if organised and conducted  by a high-scale drugs business network.

"Narcotics importation is by nature forbidden, whether  it is in big 
amount or small amount, it is the same  thing," he said.

Hopes by Corby's lawyers that airport closed circuit TV  footage 
might clear their client were dashed during the  appeal hearings.

A letter from Justice Minister Chris Ellison said there  was no CCTV 
footage from Sydney airport to back claims  the marijuana had been planted.

The arguments by Corby's lawyers, and 
prosecutors'  counter-arguments, will be sent to the Supreme Court 
in  Jakarta, which will rule whether there is enough reason  to 
reopen her case.
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MAP posted-by: Beth Wehrman