Pubdate: Mon, 23 Jan 2006
Source: Northern Territory News (Australia)
Copyright: 2006 Northern Territory News
Contact:  http://ntnews.news.com.au/
Details: http://www.mapinc.org/media/283
Author: David Murray
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/people/Schapelle+Corby

GROUNDS FOR CORBY TO REOPEN

Brother's Arrest a Factor

THE prosecutor in Schapelle Corby's Bali drug trial last year believes
the arrest of her brother last week may provide legitimate grounds for
her case to be reopened.

Wiswantanu Ida Bagus said a police affidavit lodged in court by
Queensland Police might be the key to open a new trial for Corby in
Denpasar District Court.

Mr Wiswantanu had thought it impossible for Corby's lawyers to have
the case reopened only late last week. All the evidence pointed to her
having smuggled the marijuana into Bali in a bodyboard bag.

But yesterday, told of the contents of the affidavit, he said: "The
affidavit could be used to reopen the case."

Corby's half brother, James Kisina, 18, faces eight charges arising
from a home invasion and bashing at a known Brisbane suburban drug
haunt last week.

In Beenleigh Magistrates Court last Thursday, Kisina was remanded in
custody to face counts including deprivation of liberty, assault
occasioning bodily harm and possession and production of a dangerous
drug.

Kisina says he raided the home with two others to try to get
information to help free his sister.

Corby's Bali defence lawyer, Erwin Siregar, will fly to Australia in a
bid for new evidence for another appeal.

Mr Siregar said the former Gold Coast beauty student had been adamant
Kisina was not involved in taking the drug to Bali.

But he said he would talk to Kisina and to police about the case
against Corby's brother.

It could form the basis of an "extraordinary appeal" for Corby, Mr
Siregar said.

He conceded his appeal was an unusual legal avenue in Indonesia, but
it was not without precedent.

"The extraordinary appeal is very unusual. It's totally different to a
judicial review," he said.

Other Indonesian lawyers have said the only avenues open to Corby are
a judicial review or a presidential pardon, which needs an admission
of guilt - something Corby has said she will not do.

Mr Siregar said documents supporting his extraordinary appeal would be
lodged with the Supreme Court in Jakarta.

If a reopening is granted, the case would be heard before the Denpasar
District Court, which found Corby guilty and sentenced her to 20 years.

That sentence, reduced to 15 years on appeal to the Bali High Court
last year, was reinstated this week. 
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MAP posted-by: Richard Lake