Michael Czugaj
Encyclopedia
Michael William Czugaj (born ca. 1986), 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 1.75 kg (3.9 lb) of heroin concealed on his body. After a criminal trial on 14 February 2006 Czugal was sentenced to life imprisonment
. His appeal
to have the life sentence reduced was upheld on 26 April 2006.
for a holiday. Czugaj's parents were quoted as saying he was a "problem child" but had never been in serious trouble and had no drug history. His father, Steven, said he didn’t think he had a passport:
Following his sentencing, it was revealed that he had earlier led a life of petty crime including train fare evasion
, wilful damage, drink-driving and receiving stolen property. It was reported that Czugaj had 14 convictions for offences and was regularly before several Brisbane Magistrates' Court
s between 2003 and 2005. Subsequent to the criminal proceedings in Bali, in 2008 Czugaj's older brother, Richard, pleaded guilty to assault
and was sentenced to 18 months jail.
, introduced him to Tan Duc Thanh Nguyen whilst socialising in Brisbane. Nguyen offered them both a free holiday to Bali. Czugaj, aged 18, and Rush, aged 19, arrived in Bali on 8 April 2005 and checked in to Hotel Aneka, the same hotel used by Indonesian police for their survellience.
and Martin Stephens
were arrested at the same time as Czugaj. On 20 April 2005, graphic footage of the arrests and subsequent police questioning of Czugaj and other members of the Bali Nine was aired on Australian television.
On the same day that Czugaj was arrested, Indonesian police also arrested Si Yi Chen
, Nguyen, Myuran Sukumaran
and Matthew Norman
at the Melasti Hotel in Kuta
. Alleged co-ringleader, Andrew Chan
was also arrested the same day whilst seated on an Australian Airlines
flight waiting to depart Denpasar for Sydney. At the time Chan was arrested, he was carrying three mobile phones and a boarding pass. No drugs were found in his possession.
(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
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
Mick Keelty
was reported as saying:
Rush took action in the Federal Court of Australia
against the AFP for breach of the bilateral 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.
Lawrence or Stephens, both of New South Wales
until they were all arrested together at Ngurah Rai International Airport carrying the concealed heroin; although he had met Chan.
During court proceedings, Czugaj at one stage accused one of his interrogators of lying under oath. Czugaj often complained about feeling ill and suffering headaches, and when in pain due to a tooth extraction
of a wisdom tooth, Judge I Putu Widnya asked Czugaj to proceed to the judges bench and open his mouth to prove tooth extraction had occurred.
Czugaj testified that Chan threatened to kill him and his family if he did not cooperate and participate in the heroin smuggling attempt:
On 14 February 2006, Czugaj was sentenced to life imprisonment. Commenting on the sentences at the time, Australian Federal Police Commissioner Keelty stated:
Australian Prime Minister
John Howard
was reported as commenting:
A subsequent appeal for a more lenient sentence was upheld on 26 April 2006.
in Bali. Presently studying business management, he receives support from his beautician girlfriend, Lena, who has been visiting him for more than three years, as well as his mother, Vicki, who visits annually from Brisbane, staying for two weeks at a time.
Oxley, Queensland
Oxley is a south-western suburb of Brisbane located approximately 11 km from the Brisbane CBD. It was named after the early Australian explorer John Oxley. The suburb supports a mix of residential, retail and industrial land use....
, a suburb of Brisbane
Brisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...
, Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
, 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, Czugaj 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:...
with 1.75 kg (3.9 lb) of heroin concealed on his body. After a criminal trial on 14 February 2006 Czugal was sentenced to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
. His appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
to have the life sentence reduced was upheld on 26 April 2006.
Background
Czugaj was an apprentice glazier, keen surfer, one of eight children. He left his job in March 2005 and told his family that he was going to CairnsCairns, Queensland
Cairns is a regional city in Far North Queensland, Australia, founded 1876. The city was named after William Wellington Cairns, then-current Governor of Queensland. It was formed to serve miners heading for the Hodgkinson River goldfield, but experienced a decline when an easier route was...
for a holiday. Czugaj's parents were quoted as saying he was a "problem child" but had never been in serious trouble and had no drug history. His father, Steven, said he didn’t think he had a passport:
- "The kid’s got no money ... this must have all been arranged, I don’t know how or by whom."
Following his sentencing, it was revealed that he had earlier led a life of petty crime including train fare evasion
Fare evasion
Fare evasion, as distinct from fare avoidance, is the act of travelling on public transport in disregard of the law and/or regulation, having deliberately not purchased the required ticket to travel . It is a problem in many parts of the world, and revenue protection officers operate on many systems...
, wilful damage, drink-driving and receiving stolen property. It was reported that Czugaj had 14 convictions for offences and was regularly before several Brisbane Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
s between 2003 and 2005. Subsequent to the criminal proceedings in Bali, in 2008 Czugaj's older brother, Richard, pleaded guilty to assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
and was sentenced to 18 months jail.
Alleged trafficking conspiracy
According to media reports, Czugaj claimed that his Brisbane friend, Scott RushScott 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...
, introduced him to Tan Duc Thanh Nguyen whilst socialising in Brisbane. Nguyen offered them both a free holiday to Bali. Czugaj, aged 18, and Rush, aged 19, arrived in Bali on 8 April 2005 and checked in to Hotel Aneka, the same hotel used by Indonesian police for their survellience.
Arrest in Indonesia
Czugaj was arrested by Indonesian police on 17 April 2005 at Ngurah Rai International Airport in Denpasar, Bali. Heroin weighing 1.75 kg (3.9 lb) was discovered strapped to his legs and chest, concealed underneath his clothing. Rush, Renae LawrenceRenae 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...
and 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...
were arrested at the same time as Czugaj. On 20 April 2005, graphic footage of the arrests and subsequent police questioning of Czugaj and other members of the Bali Nine was aired on Australian television.
On the same day that Czugaj was arrested, Indonesian police also arrested 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...
, Nguyen, 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...
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,...
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...
. Alleged co-ringleader, Andrew Chan
Andrew Chan
Andrew Chan , an Australian citizen, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Chan was arrested at Ngurah Rai International Airport in Denpasar...
was also arrested the same day 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 Denpasar for Sydney. At the time Chan was arrested, he was carrying three mobile phones and a boarding pass. No drugs were found in his possession.
Criticisms 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 PoliceAustralian 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:
- "One of the things we've got to remember is that we operate within our criminal-justice system here in Australia, and if we only co-operated with countries that had the same criminal-justice system, then our co-operation wouldn't extend very far beyond Australia. We have to work with the systems that operate in other countries, and to a large degree this has been successful, certainly in terms of heroin trafficking."
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 were tried together, with Czugaj being one of the remaining six defendants tried separately. Czugaj testified Rush introduced him to Tan Duc Thanh Nguyen in Brisbane, with Nguyen allegedly offering both Czugaj and Rush a free holiday to Bali. Czugaj testified he had never met fellow drug mulesMule (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...
Lawrence or Stephens, both of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
until they were all arrested together at Ngurah Rai International Airport carrying the concealed heroin; although he had met Chan.
During court proceedings, Czugaj at one stage accused one of his interrogators of lying under oath. Czugaj often complained about feeling ill and suffering headaches, and when in pain due to a tooth extraction
Extraction (dental)
A dental extraction is the removal of a tooth from the mouth. Extractions are performed for a wide variety of reasons, including tooth decay that has destroyed enough tooth structure to render the tooth non-restorable...
of a wisdom tooth, Judge I Putu Widnya asked Czugaj to proceed to the judges bench and open his mouth to prove tooth extraction had occurred.
Czugaj testified that Chan threatened to kill him and his family if he did not cooperate and participate in the heroin smuggling attempt:
- "I would never put my family in any danger and I would do anything to keep my family from harm's way. I am sure any person would do the same as I have done."
Sentencing and appeal
During his final plea, Czugaj said:- "Thank you to the authorities for how well we have been treated in custody in Bali. I am truly sorry and regret all that has happened. To start with, I was deceived by Tan with his offer of a free holiday to Bali with his friends. In all honesty I should not have been so blind to this, this so-called holiday. But as Bali has always been a favourite destination, it made me overwhelmed with excitement, I jumped at the chance to go to Bali."
On 14 February 2006, Czugaj was sentenced to life imprisonment. Commenting on the sentences at the time, Australian Federal Police Commissioner Keelty stated:
- "I stand by the police and what they've done … The Federal Court actually made a decision saying not only had they acted lawfully but they acted in accordance with government policy."
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....
was reported as commenting:
- "The police are there to protect us from the ravages of drugs and I just hope that every young Australian who might in their wildest imagination think that they can get away with this will take a lesson from this" and "I feel desperately sorry for the parents of these people. I do. All of us as parents will feel that way, but the warnings have been there for decades."
A subsequent appeal for a more lenient sentence was upheld on 26 April 2006.
Prison life
Czugaj is held in Kerobokan PrisonKerobokan 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 :...
in Bali. Presently studying business management, he receives support from his beautician girlfriend, Lena, who has been visiting him for more than three years, as well as his mother, Vicki, who visits annually from Brisbane, staying for two weeks at a time.