Andrew Chan
Encyclopedia
Andrew Chan an Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

n citizen, was convicted in Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...

 for drug trafficking as a member of the Bali Nine
Bali Nine
The Bali Nine is the name given to a group of nine Australians arrested on 17 April 2005, in Denpasar, Bali, Indonesia, in a plan to smuggle of heroin valued at approximately A$4 million from Indonesia to Australia...

. In 2005, Chan was arrested at Ngurah Rai International Airport in Denpasar
Denpasar
Denpasar is the capital city of the province of Bali, Indonesia. It has a rapidly expanding population of 788,445 in 2010, up from 533,252 in the previous decade. It is located at .-History:...

. According to court testimonies of convicted drug mules
Mule (smuggling)
A mule or courier is someone who smuggles something with him or her across a national border, including bringing in to and out of an international plane, especially a small amount, transported for a smuggling organization. The organizers employ mules to reduce the risk of getting caught...

, Chan and Myuran Sukumaran
Myuran Sukumaran
Myuran Sukumaran Myuran Sukumaran Myuran Sukumaran (Tamil: (மயூரன் சுகுமாரன்) (born 17 April 1981 in London, England) is an Australian who was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Sukumaran was arrested in a room at the Melasti Hotel in Kuta with three...

, were the alleged co-ringleaders of the heroin smuggling operation from Indonesia to Australia. After a criminal trial, on 14 February 2006 Chan was sentenced to execution by firing squad
Execution by firing squad
Execution by firing squad, sometimes called fusillading , is a method of capital punishment, particularly common in the military and in times of war.Execution by shooting is a fairly old practice...

 by the Denpasar
Denpasar
Denpasar is the capital city of the province of Bali, Indonesia. It has a rapidly expanding population of 788,445 in 2010, up from 533,252 in the previous decade. It is located at .-History:...

 District Court.

Chan is currently in Kerobokan Prison
Kerobokan Prison
Kerobokan Prison is a prison located in Kerobokan, Badung Regency, on the Indonesian island of Bali. The prison opened in 1979 and contains about 1000 male and female prisoners of various nationalities.- Notable prisoners :...

 awaiting execution, unless he is granted clemency by Indonesian President Susilo Bambang Yudhoyono
Susilo Bambang Yudhoyono
Susilo Bambang Yudhoyono AC , is an Indonesian politician and retired Army general officer who has been President of Indonesia since 2004....

,
After lodging an appeal against his sentence, his appeal was dismissed by the Indonesian Supreme Court on 10 May 2011.

Biography

From Enfield
Enfield, New South Wales
Enfield is a suburb, in the Inner-West of Sydney, in the state of New South Wales, Australia. Enfield is located 13 kilometres south-west of the Sydney central business district in the local government area of Burwood Council.-History:...

 in Sydney's south-west
Greater Western Sydney
Greater Western Sydney is a term used to describe the western region of the metropolitan area of Sydney, Australia. The University of Western Sydney defines Greater Western Sydney as comprising 14 local government areas...

, Chan was employed at Eurest
Eurest
Eurest is a catering company owned by the Compass Group. They operate within 80 countries, providing staff restaurants and supplying vending machines for businesses....

, a catering company, where he worked as a supervisor. It was reported that Chan had a good reputation at his job and was known to be a punctual and reliable worker. In an interview broadcast on SBS TV
Special Broadcasting Service
The Special Broadcasting Service is a hybrid-funded Australian public broadcasting radio and television network. The stated purpose of SBS is "to provide multilingual and multicultural radio and television services that inform, educate and entertain all Australians and, in doing so, reflect...

's Dateline following his sentencing and appeal, Chan stated:
Whilst working for Eurest, he met Renae Lawrence
Renae Lawrence
Renae Lawrence , an Australian former hospitality worker and panel beater, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, on her third trip to Bali, Lawrence was arrested at Ngurah Rai International Airport in Denpasar with of heroin concealed on her body...

, Martin Stephens
Martin Stephens
Martin Eric Stephens , an Australian former bartender, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, on his first trip to Bali, Stephens was arrested at Ngurah Rai International Airport in Denpasar with of heroin taped to his chest and concealed under his...

 and Matthew Norman
Matthew Norman
Matthew James Norman , an Australian citizen, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Norman was arrested in a room at the Melasti Hotel in Kuta together with three others. Police uncovered of heroin in a suitcase in the room. After a criminal trial,...

. All four would later be convicted of drug trafficking as fellow members of the Bali Nine.

Media reports claim that in early October 2004 Chan invited Lawrence to the Enfield home of his parent's to celebrate Lawrence's 27th birthday. Here Chan allegedly told Lawrence that she was to travel with him to Bali, without being told the detail behind the mission. Lawrence claimed that Chan would cover all airflights and accommodation and that if she disobeyed him or disclosed the nature of their arrangement, he would "send (her) family to the farm". Lawrence claimed that Chan said there would be a reward, should she follow his instructions. It was also reported that she met Myuran Sukumaran
Myuran Sukumaran
Myuran Sukumaran Myuran Sukumaran Myuran Sukumaran (Tamil: (மயூரன் சுகுமாரன்) (born 17 April 1981 in London, England) is an Australian who was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Sukumaran was arrested in a room at the Melasti Hotel in Kuta with three...

 around this time.

On 16 October 2004, it was alleged that Chan flew to Bali; with Lawrence also arriving in Bali on the same date. Lawrence claimed that Chan was in regular contact with her whilst she stayed in the Istana Rama Hotel in Kuta, and Chan in in Kuta's Hard Rock complex. Media reports stated that Lawrence alleged that on 22 October 2004, Sukumaran strapped packages to the body of both Lawrence and Chan, and with Chan's girlfried, Grace, boarded a commercial flight to Australia, successfully clearing security, customs and immigration in both Indonesia and Australia. Lawrence claimed that she and Chan were met at the airport, the packages removed, all of them taken to another house, and then Lawrence went home. A few days later Lawrence claimed that Chan handed her an envelope with A$
Australian dollar
The Australian dollar is the currency of the Commonwealth of Australia, including Christmas Island, Cocos Islands, and Norfolk Island, as well as the independent Pacific Island states of Kiribati, Nauru and Tuvalu...

10,000 cash.

Lawrence claimed that a similar trip was organised following Chan's orders, where she departed Australia on 5 December 2004. Lawrence claimed that seven others were involved, including Chan, Matthew Norman, and Tan Duc Thanh Nguyen
Tan Duc Thanh Nguyen
Tan Duc Thanh Nguyen , a Vietnamese–Australian citizen, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Nguyen was arrested in a room at the Melasti Hotel in Kuta together with three others. Police uncovered of heroin in a suitcase in the room...

 (going by the alias of David). Lawrence claimed that she was again given cash to purchase airflights and accommodation for eight days, staying again at the Istana Rama in Kuta. However, the second delivery was aborted when heroin suppliers failed to deliver "due to a financial matter or someone knowing about the plan the shipment was cancelled".

According to Lawrence, again under Chan's instructions, Lawrence departed Australia on 6 April 2005. The day before, Lawrence, Stephens and Si Yi Chen
Si Yi Chen
Si Yi Chen , an Australian citizen, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Chen was arrested in a room at the Melasti Hotel in Kuta together with three others. Police uncovered of heroin in a suitcase in the room. After a criminal trial, on 15...

 met with Sukumaran where police allege drug smuggling tools such as sealable plastic bags, medical tape, elastic waist bands and skin tight bike shorts were stuffed into the bags of Lawrence and Stephens. Lawrence claims she was given cash; whilst Stephens claims that his life was threatened. Media reports claim that police records show that whilst in Bali Chan was in daily contact with Lawrence, until 13 April, when Chan changed his mobile phone number. On the same day, he instructed Lawrence and other members of the Bali Nine to change hotels. The original planned departure date of 14 April from Bali was delayed as Chan suspected Australian and Indonesian police were aware of his plans.

Arrest in Indonesia

Chan was arrested on 17 April 2005 whilst seated on an Australian Airlines
Australian Airlines
Australian Airlines was a full-service airline based in Australia, servicing Australian and Asian destinations between 2002 and 2006. It was an all-economy, full-service international leisure carrier and was a wholly owned subsidiary of Qantas, although run independently of the mainline carrier...

 flight waiting to depart Ngurah Rai Airport in Denpasar
Denpasar
Denpasar is the capital city of the province of Bali, Indonesia. It has a rapidly expanding population of 788,445 in 2010, up from 533,252 in the previous decade. It is located at .-History:...

, Indonesia for Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...

. He was arrested carrying three mobile phones and a boarding pass, however no drugs were found in his possession.

Around the same time as Chan was arrested, Indonesian police arrested four drug mules
Mule (smuggling)
A mule or courier is someone who smuggles something with him or her across a national border, including bringing in to and out of an international plane, especially a small amount, transported for a smuggling organization. The organizers employ mules to reduce the risk of getting caught...

 collectively carrying 8.3 kg (18.3 lb) of herion concealled on their bodies. Martin Stephens was found to be carrying 3.3 kg (7.3 lb); Renae Lawrence was found to be carrying 2.689 kg (5.9 lb); Michael Czugaj
Michael Czugaj
Michael William Czugaj , an Australian former glazier from Oxley, a suburb of Brisbane, Queensland, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Czugaj was arrested at Ngurah Rai International Airport in Denpasar with of heroin concealed on his body...

 was found to be carrying 1.75 kg (3.9 lb) and Scott Rush
Scott Rush
Scott Anthony Rush , an Australian former labourer, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, on his first trip to Bali, Rush was arrested at Ngurah Rai International Airport in Denpasar with of heroin concealed on his body. After a criminal trial, on...

 was found to be carrying 1.3 kg (2.9 lb) of heroin. A little later that same day, Indonesian police also arrested Si Yi Chen, Tan Duc Thanh Nguyen, Myuran Sukumaran and Matthew Norman at the Melasti Hotel in Kuta
Kuta
Kuta is administratively a district and subdistrict/village in southern Bali, Indonesia. A former fishing village, it was one of the first towns on Bali to see substantial tourist development, and as a beach resort remains one of Indonesia's major tourist destinations...

. Indonesian police claim that this latter group were in possession of 334 g (11.8 oz) of heroin and bundles of plastic wrapping, Elastoplast tape, and a set of scales, indicating involvement in a plan to transport drugs to Australia.

Criticism of Australian Federal Police tipoff

Lee Rush, the father of Scott Rush, a fellow member of the Bali Nine, said that he contacted the Australian Federal Police
Australian Federal Police
The Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...

 (AFP) prior to the commission of the offence, fearing his son was travelling to Bali and would commit a drug-related crime. Rush senior claims then to have received assurances from the AFP that they would tell his son he was under surveillance
Surveillance
Surveillance is the monitoring of the behavior, activities, or other changing information, usually of people. It is sometimes done in a surreptitious manner...

 to dissuade him from going through with the crime before the group's departure from Indonesia. Scott Rush's lawyers said he was never contacted. It was revealed that the AFP alerted Indonesian police that a crime was to be committed approximately two weeks before the arrests, and had commenced an investigation about ten weeks prior to the arrests. When the Bali Nine were arrested, the news of the tipoff became public and there was criticism of the role of the AFP in protecting the interests of Australian citizens. Commenting on the matter at the time, AFP Commissioner
Police commissioner
Commissioner is a senior rank used in many police forces and may be rendered Police Commissioner or Commissioner of Police. In some organizations, the commissioner is a political appointee, and may or may not actually be a professional police officer. In these circumstances, there is often a...

 Mick Keelty
Mick Keelty
Michael Joseph "Mick" Keelty AO APM , Australian police officer, was the Commissioner of the Australian Federal Police from 2001 to 2009...

 was reported as saying:
Rush took action in the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...

 against the AFP for breach of the bilateral treaty
Bilateral treaty
A bilateral treaty is a treaty strictly between two state parties. These two parties can be two states, or two international organizations, or one state and one international organization.It is similar to a contract, so it is called contractual treaty....

 between Indonesia and Australia when information was handed by the AFP to the Indonesians. Rush's case claimed that such information should only be released by the Attorney-General. However, the Commonwealth Government maintained that the treaty only applies after a suspect is charged. The application was dismissed by the Federal Court in January 2006.

Criminal trial

Criminal trials for the accused commenced in the Denpasar District Court on 11 October 2005. Chen, Nguyen, and Norman, all arrested at the Melasti Hotel and earning the numeric epithet
Epithet
An epithet or byname is a descriptive term accompanying or occurring in place of a name and having entered common usage. It has various shades of meaning when applied to seemingly real or fictitious people, divinities, objects, and binomial nomenclature. It is also a descriptive title...

, The Melasti Three, were tried together, with the remaining six defendants, including Chan, tried separately.
In December 2005, it was reported that tensions were building between between the Bali Nine drug mules and Sukumaran and Chan. Several days later, lawyers acting for some members of the Bali Nine initially sought the support of the Director of Public Prosecutions to intervene and lay charges for conspiracy to import drugs, so that the nine could be extradited and charged under Australian law. However, the judges hearing the trial matters in Bali called for Australia not to intervene in Indonesia's right to impose capital punishment;. Lawyers acting for Stephens, one of the Bali Nine, claimed that the fairness of his trial was in jeopardy following comments made in the media by Indonesian Foreign Minister Hassan Wirajuda
Hassan Wirajuda
Nur Hassan Wirajuda was the foreign minister of Indonesia from 2001 to 2009. Her serves under presidencies of Megawati Sukarnoputri andSusilo Bambang Yudhoyono- Educations :...

 that Australians should be prepared for members of the Bali Nine to receive a death sentence, if found guilty.

Giving evidence against Chan, Lawrence testified that she had received threats of harm against herself and her family if she did not proceed with the plan to import heroin into Australia. She claimed before the Denpasar District Court that Chan ordered her to book a flight to Bali and that she not know why she was ordered to travel. Aother drug mule, Rush, also later convicted of drug trafficking, accused Chan of strapping the heroin to his body whilst wearing rubber gloves.

Throughout his trial, Chan remained silent. During his final plea, reading from a two-page statement, Chan commented:
Australian Prime Minister
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...

, John Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....

 said the Australian government would oppose any death sentences imposed, saying:

Sentencing and appeal

In January 2006, prosecutors called for the death penalty to be handed down on Chan, after earlier calls for the same demand against Sukumaran - the only two calls of death put forward by prosecutors for any of the Bali Nine. Prosecutors told a Bali court there was no reason to show any leniency because Chan helped organise the heroin smuggling operation. Prosecutors also claim Sukumaran and Chan strapped heroin to the bodies of the fellow accused. Indonesian police identified Chan as one of the main players in what they say was a major smuggling ring.
Found guilty of drug trafficking, on 14 February 2006 three judges in the Denpasar District Court sentenced Chan to death by firing squad. In handing down their ruling, they claimed that Chan was not straight forward in his evidence and showed no remorse. Commenting on the sentences at the time, Australian Federal Police Commissioner Keelty stated:

Prime Minister Howard was reported as commenting:
Julian McMahon, a Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...

 human rights lawyer who took over the case in 2006 on a pro-bono basis, appealed against the severity of Chan's sentence to the Indonesian Supreme Court. During the appeal hearings it was revealed that Chan has a girlfriend and that the governor
Prison officer
A prison officer , also referred to as a corrections officer , correctional officer , or detention officer , is a person charged with the responsibility of the supervision, safety and security of prisoners in a prison, jail, or similar form of secure...

 of Kerobokan Prison described Chan and Sukumaran as model prisoners and that Chan and Sukumaran have a positive influence on other prisoners. In his final appeal, Chan was reported as stating:

On 17 June 2011 it was announced that the Indonesian Supreme Court had rejected Chan's appeal against his death sentence on 10 May 2011. Indonesian President, Susilo Bambang Yudhoyono (SBY), has the power to grant clemency, although some media reports consider this unlikely and expect that Chan will be executed. In somewhat ironic
Irony
Irony is a rhetorical device, literary technique, or situation in which there is a sharp incongruity or discordance that goes beyond the simple and evident intention of words or actions...

 circumstances, SBY cancelled a planned state visit to the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

 in 2010 due to a "misunderstanding" following a request for a court injunction to arrest SBY for alleged human rights violations in the Moluccas region of Indonesia.

Prison life

Chan has a girlfriend whom he met when she was visiting another prisoner. Mr Siswanto, the governor of the prison, has described Chan and Myuran Sukumaran as model prisoners and testified in court that they should not be executed because of the positive influence they have had. Siswanto said in an interview, "Chan organises courses in prison, leads the English-language church service and is a mentor to many."

See also

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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