Bali Nine appeal delayed by "poor translation into Indonesian"

Bali Nine drug mule Martin Stephens' final appeal against his life sentence has been delayed because of a clerical stuff-up.

The 33-year-old Wollongong man's "judicial review" was due to be launched in the Denpasar District Court on Friday.

But lawyers were forced to request a two-week adjournment after realising their new evidence - a letter from former Australian Federal Police Commissioner Mick Keelty that describes Stephens as a "minor" player in the heroin smuggling plot - had been poorly translated into Indonesian.

"The translation says that Mick Keelty was acting as the legal adviser to Martin Eric Stephens," lawyer Wirawan Adnan explained.

"That's a big mistake."

The case will now return to court on May 20 before being forwarded on to Indonesia's Supreme Court.

Stephens' mother, Michele Stephens, said she was disappointed by the delay.

"It's an outcome we didn't expect, we thought it would be all settled today," she told reporters.

"But he'll stay positive, and we'll stay positive.

"He has a lot of support, he has a lot of love, he's in good hands."

Mr Adnan hopes the appeal will see his client's sentence reduced to between 15 and 20 years' prison.

Stephens was arrested at Bali airport on April 17, 2005 with 2.9kg of heroin strapped to his legs and stomach.

He was sentenced to life in prison in 2006, a sentence later upheld by a higher court and Indonesia's Supreme Court.

In the new letter, Mr Keelty says Stephens first came to the AFP's attention 11 days before his arrest.

"Martin's role in the attempted importation of heroin from Bali to Australia is considered to be minor," Mr Keelty wrote.

"There is no indication that Martin was an organiser or aware of the details relating to the suspected importation.

"Nor does the AFP possess information to indicate that he has been involved in previous importations."

The letter proved Stephens was "just along for the ride", Mr Adnan said.

"He was just being used as a human suitcase."

If Stephens' judicial review fails his last chance for a reduced sentence will be a plea for clemency from Indonesia's president.

Four other Bali Nine members - Si Yi Chen, Michael Czugaj, Thanh Nguyen and Matthew Norman - are also serving life sentences.

Three - Scott Rush, Andrew Chan and Myuran Sukumaran - are on death row.

They are also expected to lodge their final appeals this year.

Source: AAP, May 7, 2010

Drug mule Martin Stephens's appeal delayed by an error

A SIMPLE translation error has stymied Bali Nine drug mule Martin Stephens's bid to get out of jail early, with an Indonesian court ordering his lawyers correct a reference from former Australian Federal Police boss Mick Keelty before his appeal can be heard.

Stephens's life sentence, handed down after the Wollongong man was found guilty of trying to import 2.9kg of heroin to Australia in 2005, is being contested on the basis of the reference, written by Mr Keelty last year.

In the letter, Mr Keelty wrote that Stephens's role in the plot was "considered to be minor" and that "there is no indication that Martin was an organiser or aware of the details relating to the suspected importation.

"Nor does the AFP possess information to indicate he has been involved in previous importations."

Mr Keelty also noted that fellow mule Renae Lawrence's life sentence was cut to 20 years after she gave investigators details about the syndicate.

"It is the AFP's view that Martin's knowledge of the importation was limited to his first involvement in an importation of drugs and therefore he was unable to offer a similar level of co-operation," Mr Keelty wrote.

Chief lawyer for 33-year-old Stephens, Wirawan Adnan, said yesterday's adjournment in Denpasar District Court was because of an error in translating Mr Keelty's reference into Indonesian.

"The original letter read, 'I'm writing to you, as legal adviser for Martin Stephens,' but it was translated to read, 'I, as legal adviser for Martin Stephens, am writing to you'," Mr Adnan explained.

"I'll have to have it changed, and there will be another hearing where I will have to tell judges that I have altered the evidence. I had planned to have it rectified orally during the hearing today, but the judges wouldn't allow it."

Stephens was not at the hearing, which was attended by his mother, Michele, fiancee Christine Puspayanti and her 12-year-old daughter, Laura.

Afterwards, Mrs Stephens said the delay was disappointing.

"We thought it would be all settled today," she said. "The letter has been around for a while now -- I thought it would have been all OK. It is a lot of delay but we'll stay positive and Martin has a lot of support and love."

Another of the four mules in the gang, Scott Rush, plans to lodge an appeal against his death sentence in coming weeks.

Source: The Australian, May 8, 2010