ID :
50126
Thu, 03/12/2009 - 09:50
Auther :
Shortlink :
http://m.oananews.org//node/50126
The shortlink copeid
Aussies still waiting to exit West Papua
Five Australians freed from jail in West Papua have appealed to the Australian
government for help, after Indonesian prosecutors refused to grant authority for
them to return home, their lawyer says.
William Scott-Bloxam, 62, his wife Vera, 54, and their three friends Karen Burke,
51, Hubert Hofer, 57, and Keith Mortimer, 60, were preparing to return home on
Wednesday after winning an appeal against convictions for illegally entering
Indonesia on a light plane last September.
The Merauke District Court on Tuesday announced the decision by the Jayapura High
Court to overturn their convictions and to immediately order their deportation back
to Australia.
But the five on Wednesday were stuck at Mopah Airport in Merauke, awaiting clearance
from prosecutors, said their lawyer Mohammad Rifan from Austrindo Law Office.
"The prosecutor is causing a problem by ignoring the decision of the court, to free
the five straight away and allow them to fly back to Australia," said Rifan on
Wednesday.
"At this time, the plane is ready, but the five of them are staying in the
international area at the Mopah airport."
Sudirohusodo, head of Merauke District Prosecutor Office, said his office was
seeking guidance about whether it could appeal against the decision to overturn the
convictions.
"Today we sent a letter to the attorney-general, asking for guidance on a possible
Supreme Court appeal and we're still waiting," he told AAP.
But Rifan said that under Indonesian law, the prosecutors could not appeal against
the high court decision, which released the defendants from jail and further legal
action.
"The decision is prohibited from appeal. Under the law of the criminal code, article
244, if the court orders the release as soon as possible, right now, you cannot
appeal to the Supreme Court.
"If this happened for an Indonesian national, they would be free straight away. Why
not for an Australian national?"
Rifan said his legal team had sought help and protection from the Australian
government.
"They cannot fly, they cannot leave the international airport. They are stuck there
until this is resolved," Rifan said.
"We have already made an objection to (Indonesia's) president and attorney-general
about the discrimination in the application of Indonesian law, and we already
informed the Australian government about their request for help and protection."
He said it was highly unusual for an Indonesian prosecutor to defy a court order.
"This is not normal in Indonesia," he said. "The court's decision must be executed
right now."
The five Australians, from Cape York on Australia's northern tip, had expressed
relief on Tuesday night at hearing of their successful appeal.
They had planned to fly on Wednesday to Horn Island in the Torres Strait, where they
had embarked on their ill-fated joy-ride.
The five, who were initially suspected of being foreign spies, had described their
trip as a sightseeing flight and mistakenly believed they could get visas on arrival
in Papua.
There are strict restrictions placed on visiting Papua, which has been troubled by a
low-level separatist insurgency since the 1960s.
They were arrested upon landing and in January, the District Court jailed Bloxam for
three years and each of his passengers for two years.