In Reply to: So why didn't you guys testify? posted by cliff on Friday, 4. March 2005 at 15:42 Bali Time:
Your posting is exactly reflecting my thoughts in this point, certainly I wouldn't have been able to express this so eloquently in my poor English.
Right after the Bali bombing Mr. Bashir was accused by many voices to be the head of the terror attack, he was also accused to be the direct deputy of Osama bin Ladn in Indonesia, the political dimension of this was delicate, because at this time he was even part of the coalition of the RI Government, so the pressure on former President Megawati was enormous.
So despite of the legal facts, there was also always a political component involved, it was Megawati's ride on the blade.
I don't know all the facts all the details of this trial, but what I read about this case since 2002 let me conclude, that nobody was able to provide one clear evidence that Mr. Bashir was involved in the terror attack on Bali.
The court also dropped the prosecution, that Mr. Bashir was linked in any way to the Marriott attack in Jakarta.
The logical consequence would have been to set him free, but now the political dimension of this case brought the court into this dilemma, the refusal of US authorities to cooperate in this case (like in every other trial against terrorists outside the USA) left a weak prosecution, but let him go without a sentence would have caused an international affair, so the 'evil conspiracy' theory was constructed.
It's amazing me, when I see how different judicial standards are claimed by Australian citizens and especially by Mr. Alexander Downer, obviously the Republic of Indonesia is still considered as a Banana-republic, I don't have any comprehension, why Mr. Downer dares to claim a longer sentence for Mr. Bashir, while the prosecution could not provide any evidences in an open and well monitored judicial process.
The Indonesian authorities are absolutely right, by feeling pi$$ed off due this lack of respect, at the same time Mr. Downer criticized the decision of the court in respect to Mr. Bashir as too lenient (which was simply the result in lack of ascertained evidences) he stated to interfere into the Corby process.
Well I also don't know all the facts and details in case of Miss Corby, but fact is, she was caught with 4.2 kg Marihuana in her luggage - point.
I don't want to participate at the speculations regarding her, but I think it's in the duty of a Indonesian court to handle this - not to the Australian Government.
The verdict of any court all lover the world should be based on the facts, the sentence will depend on national law, in Indonesia it's Indonesian law and everybody who is entering another country submit to the national law of the country you visit, if you like it or not, this is not a matter or moral or different point of view - we simply have to respect this.
Best regards
Thorsten