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Schapelle Corby's early release on hold

Written By Unknown on Kamis, 15 November 2012 | 00.04

The governor of Kerobokan Prison in Bali is preparing to hold a press conference in Bali to speak about the details of Schapelle Corby's clemency and possible release date. Cindy Wockner reports on the details from Bali.

Prison stoush ... convicted drug smuggler Schapelle Corby argues with jail security / Pic: Lukman S. Bintoro Source: The Daily Telegraph

CONVICTED drug smuggler Schapelle Corby's bid for early release from Bali's notorious Kerobokan jail is on hold indefinitely as Indonesian authorities move to close a loophole that may have allowed her to return to Australia if granted parole.

The development is a massive blow to 35-year-old Corby, who is already eligible to apply for parole, after being granted a further sentence remission in August, which followed a five-year cut to her 20-year prison term in May.

She was granted clemency by Indonesian President Susilo Bambang Yudhoyono in May on humanitarian grounds, after claiming she was suffering from a mental illness that could endanger her life.

Immigration laws introduced last year did not include visa provisions for foreign prisoners released on parole, creating a loophole which meant they would either be placed in immigration detention or deported.

Pictures: Schapelle Corby through the years

It meant Corby may have been able to return to Australia on being granted parole.

Australian convicted drug smuggler Schapelle Corby... is still hoping for an early release from jail. Picture: Lukman S. Bintoro Source: The Daily Telegraph

But any hopes she had of tasting freedom before the end of the year have now been completely dashed with parole applications suspended as the regulations are reviewed.

In-depth coverage: Schapelle Corby

It is likely to take months before the conflict between the new immigration laws and the parole regulations are sorted out.

A senior official with the office of the director-general of prisons has confirmed that parole applications for all foreign prisoners have been suspended.

"In the new immigration law a foreign citizen who is undergoing legal process or serving sentences is not able to be given a visa,'' director for prison training and service Rahmat Prio Sutarjo told AAP.

"If a foreign citizen (does not have a) stay permit, then he or she has to go to (an) immigration detention centre.''

"This is not a parole situation any more because it's still detention.

"Submission of a parole request for foreign prisoners is postponed.''

Australian convicted drug smuggler Schapelle Corby attends a service at Kerobokan Jail in Bali. Picture: Lukman S Bintoro Source: The Daily Telegraph

The review will pave the way for foreign prisoners who are granted parole to be provided with documentation from Indonesia's department of immigration that would be similar to a visa.

It means foreign prisoners granted parole, including Corby, would have to serve out the period of early release in Indonesia.

"With that permit, the prisoner can be released from jail (on parole) and work among the society. But the prisoner would still be banned from travelling aboard until sentence is complete,'' Mr Sutarjo said.

Corby's lawyer, Iskander Nawing, confirmed that the 35-year-old's parole application could not be submitted until the situation was resolved.

"We're still waiting for the immigration department to be at one with prison authority,'' he said.

"There's still contradiction between ministerial regulation on parole and new immigration law. I hope it would be revised immediately.

"Once it's revised, we will submit our parole request.''

Corby was arrested in 2004 attempting to smuggle 4.1 kilograms of marijuana into Bali in a bodyboard bag.

PM Julia Gillard personally lobbies the Indonesian President to release Australian Schapelle Corby from a Bali jail.


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Cash 'put into Gillard's account'

The PM has dismissed claims $5000 was put in her account by former AWU official Bruce Wilson in 1995.

Former AWU employee Wayne Hem / Pic: David Geraghty Source: The Daily Telegraph

The former boyfriend of PM Julia Gillard, Bruce Wilson / Pic: Robert Mckell Source: The Daily Telegraph

JULIA Gillard's past continued to haunt her last night, with allegations emerging that in June 1996 a union employee told the national head of the Australian Workers Union that he deposited $5000 cash into her account.

The allegation, outlined exclusively in The Australian today, is that the cash had come from the Prime Minister's then boyfriend, AWU official Bruce Wilson.

Ms Gillard has always denied any wrongdoing over the creation of a union slush fund on behalf of Mr Wilson and union official Ralph Blewitt during her time as a lawyer for Slater and Gordon.

The allegation comes as Mr Blewitt indicated he is willing to speak openly about his role in the union scandal but wants the police to guarantee him immunity from prosecution.

The Australian reports that then national AWU head Ian Cambridge, now a Fair Work Australia Commissioner, recorded in his 1994-1996 diary allegations by union employee Wayne Hem that Mr Wilson, after a night at a casino, had given him a wad of cash totalling $5000 along with Ms Gillard's bank account details and told him to deposit it.

The report also states that Mr Hem's allegations formed part of a statutory declaration sworn to the newspaper in Melbourne three days ago during a lengthy interview.

The report stressed it was not known from where Mr Wilson got the funds and there was no evidence, nor was it suggested, Ms Gillard asked for the payment or knew of its origins. Ms Gillard yesterday repeated her denial of any wrongdoing.

Her spokesman issued a statement to The Australian saying: "The Prime Minister has made clear on numerous occasions that she was not involved in any wrongdoing.

"I also note that despite repeatedly being asked to do so, The Australian has been unable to substantiate any allegations of wrongdoing."

Mr Hem told The Australian that he told Mr Cambridge about the bank deposit on June 7, 1996, during a drive to Melbourne. During this time Mr Cambridge was investigating AWU fraud.

Mr Cambridge's June 7, 1996 diary entry notes Mr Hem telling him "about an event that took place in about July last year (1995)", The Australian reports.

"This event involved Bruce Wilson handing Wayne an envelope which contained approximately $5000 in $100 and $50 notes and Wilson instructed Hem to deposit this $5000 into a personal account of Julia Gillard."

Mr Hem provided further detail on the allegation in his statutory declaration to The Australian, saying he had been asked to attend Mr Wilson's office. "I went down and he handed me about five grand," Mr Hem said in the report.

"Then Bruce handed me a piece of paper with the account number and a name on it, and it was Julia's name.

"He said 'Go put this in Julia's account'. I said 'OK'.

"He (Wilson) made a comment about not saying anything. I just went down to the bank, put it in, came back, gave him the receipt.

"I didn't know if it was for Julia or if the account was a private account or a Slater and Gordon account. It just had Julia Gillard's name on it and I put it in the bank account."

 Read more on this story at The Australian.


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Cops behaved with 'pack mentality'

Brazilian tourist Roberto Laudisio Curti in undated image from his Facebook website, who died after being tasered by NSW Police on Pitt Street in Sydney. Source: Supplied

POLICE involved in the struggle with Brazilian student Roberto Laudisio Curti behaved with an "ungoverned pack mentality" like schoolboys from Lord of the Flies, a coroner found this morning.

NSW State Coroner Mary Jerram delivered a series of scathing findings today following a two-week inquest into the 21-year-old's death, which happened after police repeatedly tasered the young man following a chase through the city streets.

Police Commissioner Andrew Scipione this afternoon said all the coroner's recommendations would immediately be adopted - although the police involved in the incident remained on duty pending disciplinary proceedings.

"The (coroner's) report is quite scathing - that is the reality," he said.

WARNING: Distressing and graphic content Please note: The Curti family have approved the public release of this footage.

"Clearly, there are opportunities for us to improve on what happened on that night."

Mr Curti was stunned nine times with the weapon during a struggle with up to seven officers in the Sydney CBD early on March 18.

Ms Jerram recommended five officers involved in the melee be considered of disciplinary charges - although she stopped short of calling for a criminal investigation against any of the parties.

The family of Roberto Curti, who died in Sydney after being tasered by police, at Glebe Coroner's Court. Sisters Fernanda Laudisio and Ana Laudisio, and Domingos Laudisio, Roberto's Uncle. Picture: Attila Szilvasi

"While it probable that those combined actions (of police) were the primary factors leading to Roberto's death, without a clear finding as to cause, the death could not be sheeted home to any or all of those actions," she said.

No definite cause of his death has been found, although the inquest was told he may have choked while he was being restrained face-down on the footpath.

Police Taser use has been ruled out as directly causing the fatality, but it may have contributed to his vulnerable state.

A coroner will deliver the findings of a Brazilian man who was tasered to death by police in Sydney.

Ms Jerram singled out the actions of several police for particular criticism, including the most senior officer at the scene of the struggle, Inspector Greg Cooper.

She said his evidence at the inquest had been "so self-contradictory, self-serving and obscure" it wasn't worth repeating.

"Both his actions during the event and his attempts to exonerate himself and blame more junior officers afterwards, are little more than contemptible."

CCTV shows footage of a police Tasering a man who died in Sydney CBD on March 18. Officers had identified the man as a suspect of a robbery.

Ms Jerram said a probationary constable, Daniel Barling, who used his Taser in "drive-stun mode'' five times on Mr Curti while he was already handcuffed on the ground had shown "appalling" judgement and behaved in a thuggish manner.

Mr Curti, who was staying with his sister in Sydney while he studied English, also had capsicum spray used on his face after he stole two packets of biscuits from a city convenience store.

He had been suffering a "psychotic episode" as a side-effect from taking the hallucinogen LSD during a night out to celebrate St Patrick's Day with friends.

Ms Jerram said none of the Taser stuns after Mr Curti was brought to the ground were justified and police had been "reckless, careless, dangerous and excessively forceful".

She recommended the actions of the police involved in the chase and struggle be referred to the Police Integrity Commission and for there to be an "immediate review" of standard operating procedures for Tasers and capsicum spray.

She also asked the police commissioner to consider whether probationary constables should be allowed to continue using Tasers, among other recommendations.

Speaking after the findings were delivered, Mr Curti's brother-in-law Michael Reynolds said the family was still in shock following the death of their "beloved Beto".

"There continues to be so much sadness and anger as we continue to come to terms with what happened," he said.

Mr Reynolds said Mr Curti's family supported the coroner's recommendation that some police involved in the incident be investigated for disciplinary action, but he repeated calls - made through their lawyer at the inquest - that criminal charges also be laid.

"Whilst we appreciate that improved training and guidelines are very positive steps, this is unfortunately not a great deal of consolation for the family, who will be forever burdened with pain of losing a family member in the prime of his life," he said.

"Nothing will ever bring Beto back, (but) we continue to push for those responsible to face the consequences of their appalling behaviour on that night."


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Our leaders step up web surveillance

AUSTRALIAN governments have increased their surveillance of citizens' internet usage over the past six months, according to new figures released by Google.

In the first six months of 2012, governments and their agencies made 523 requests to access Google users' data, including information contained in Gmail and YouTube accounts.

That was the ninth highest number of requests in the world over the same period, with the US recording the most (7969), India second with 2319 requests and Brazil third with 1566.

The figures, contained in Google's latest Transparency Report, show a steady rise in the number of requests for access from Australian governments since it first began publishing the data in July 2009.

Most of the requests in 2012 were from law enforcement agencies for use in criminal investigations, Google said.

See Google's Transparency Report for Australia here

The company complied with 64 per cent of the requests, a one per cent fall in compliance from the previous six months.

"The number of requests that we receive for user account information as part of criminal investigations has increased year on year,'' Google said in a blog posting.

"The increase isn't surprising, since each year we offer more products and services, and we have a larger number of users.''

Globally, there were 20,938 requests from governments to hand over data - a big rise on the 12,539 requests recorded in July 2009.

Australian governments also made 92 requests to remove items from Google websites, including YouTube and search engine results.

Most of the requests were made for ""privacy and security'' reasons, or over defamation and copyright issues.

A small number were removed for reasons of  "government criticism''.

Google highlighted one instance where a state government, which it did not name, asked to remove a YouTube video of  "statements made against police officers''.

Federal Communications Minister Stephen Conroy has been asked to comment.


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Lodge menu: PM eats 'victims' for lunch

Liberal MP Judi Moylan, part of the Parliamentary Diabetes Support Group with Juliette Winterflood, 24, who suffers from Type 1 diabetes and Tim Mathieson at the Lodge in Canberra. Picture: Kym Smith Source: News Limited

The lunch menu at The Lodge today. Picture: Kym Smith Source: News Limited

SHE'S mounted a full on assault on misogyny now a lunch menu from The Lodge has revealed our badass Prime Minister eats ''victims'' for lunch.

Diet can be a health hazard if you have diabetes but a spelling mistake on a menu for a function at The Lodge for World Diabetes Day hosted by Julia Gillard's partner Tim Mathieson today added an extra level of danger.

The diabetes friendly caesar salad served to the 80 guests was listed as being ''full of victims and a good source of slow release for protein''.

It is assumed the salad is actually full of vitamins.

Before the spelling mistake was discovered Mr Mathieson had revealed that caesar salad ''is probably one of Julia's favourite foods''.


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'I shot someone' - no you didn't

POLICE were called to a bizarre non-shooting in Ultimo today - after a man claimed to have shot someone - but no victim was found.

About 2.10pm police were called to a unit block in Jones Street by a man claiming to have injured someone with a firearm.

Emergency crews who raced to Ultimo soon after 2pm discovered it was a hoax.

When they got there, the man surrendered himself to police. He is currently in custody assisting with inquiries at City Central Police Station.

"Police have canvassed the area and haven't located anyone who has heard gunshots, nor have they located a victim or a crime scene," a police spokesman said.

In addition two females and a male are assisting police with inquiries regarding the matter.


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Seal of confessional no excuse - PM

Cardinal George Pell told journalists that 'The Seal of Confession is inviolable' when one priest talks to another under confession.

PRIME Minister Julia Gillard says using the seal of the Catholic confessional to cover up child abuse is a ''sin of omission'' because all adults have a duty of care towards children.

It comes after Opposition Leader Tony Abbott today supported calls for priests to break the confidentiality of confession if child sex abuse is admitted to them.

Ms Gillard says the terms of reference for the federal royal commission announced on Monday haven't been set, and nor has the way evidence will be gathered and witnesses questioned.

''That is going to be a matter for the royal commissioners we appoint,'' she told reporters in Brisbane.

She said all parties including institutions and victims would be consulted carefully on the terms of reference.

When asked if the commission should examine the Catholic Church's seal of the confessional, the Prime Minister agreed that it wasn't good enough that some adults had been ''averting their eyes'' from the problem of child abuse.

''Adults have got a duty of care towards children,'' Ms Gillard said.

''It's not good enough for people to engage in sin of omission and not act when a child is at risk.''

Cardinal George Pell with a copy of the Catholic Church's booklet on dealing with allegations of sexual abuse. Picture: Craig Greenhill

Earlier, Mr Abbott said everyone must obey the law.

"I think that everyone has to obey the law that's what everyone has to do," Mr Abbott, a Catholic, said in Brisbane.

"There are various requirements on people if they become aware of sexual offences against children, those legal requirements must be adhered to.

"The law is no respecter of persons everyone has to obey the law regardless of what job they're doing, regardless of what position they hold,"

This included priests, he said.

Independent senator Nick Xenophon weighed into the debate today, saying the idea that the confessional stays confidential even when people use it to admit to crimes is "medieval''. 

Australia's most senior Catholic, Cardinal George Pell, has insisted "the seal of confession is inviolable'' even if a priest confesses to child sex abuse.

Tony Abbott says 'there are various requirements on people if they become aware of sexual offences against children, those legal requirements must be adhered to'. Picture: Jamie Hanson

Senator Nick Xenophon said that was an anachronism.

"This is a medieval law that needs to change in the 21st century,'' he told reporters in Canberra.

"Church law, canon law, should not be above the law of the land.''

Mr Abbott wouldn't be drawn on whether laws were adequate in every state in Australia to ensure this process was followed by priests.

"I'm not a lawyer and we're at the beginning of a process here (the royal commission) which the Prime Minister announced on Monday let's see where the proces takes us," Mr Abbott said.

His comments came as a Victorian priest took Australia's most senior Catholic,  Cardinal George Pell, to task over claims the media was exaggerating instances of sex abuse within the Catholic Church.

 Father Kevin Dillon, of the St Mary of the Angels Catholic Parish in Geelong, said  the media had played an important role in its focus on child sex abuse in the Church.

Geelong priest Father Kevin Dillon said today most Catholics are grateful to the media for focussing on something they find shameful and disgraceful. Picture: Geelong Advertiser

"I believe most Catholics are probably rather grateful to the media for a focus on something which they find enormously shameful and greatly distressing," Father Dillon told ABC Radio.

"I think the media has played a very important and very positive role in all of this."

Father Dillon said a review of the church was needed.

"It's matter of distress to Catholics that it's taken a royal commission and this long for an external examination of the process to be put forward," he said.

Cardinal Pell said he hoped the wide-ranging royal commission would actually stop a "smear campaign" against his church.

Father Dillon's comments come as senior MPs on both sides of politics lashed out at comments by Cardinal Pell that priests should not have to report abuse if the details of the crime are heard in confession.

Cardinal Pell, said yesterday "the Seal of Confession is inviolable" even if a priest confesses to child sex abuse.

Cardinal George Pell says he hopes the royal commission will uncover the truth about child sex abuse.

But senior opposition frontbencher Christopher Pyne said priests have a responsibility to report crimes to police even if the details are given to them in a confession.

Mr Pyne, a Catholic, said the laws of the nation come before canon law.

"If a priest hears in a confessional a crime, especially a crime against a minor, the priest has the responsibility in my view to report that to the appropriate authorities," Mr Pyne told ABC Radio.

"In this case the police, because the church nor the priests should be above the law."

Cardinal Pell said priests should avoid hearing confession from colleagues suspected of committing child sex abuse to avoid being bound by the Seal of Confession.

Federal Attorney-General Nicola Roxon said the community found the idea of a priest not reporting child abuse if told in a confession to be "really abhorrent".

"We really need to look carefully that there aren't a different set of rules that apply," Ms Roxon told ABC television.

"Child sexual abuse is a crime.

"It should be reported, and I know the Royal Commission is going to have some very complex issues to deal with, but we can't afford to say that should not be on the table because clearly that is a concern."

Ms Roxon said there was need for several commissioners and the inquiry would definitely take "years, not weeks and months".

Cardinal Pell yesterday welcomed the royal commission into sexual abuse and said he would front the commission if called on - but openly advised priests to avoid hearing confessions of sexual abuse from fellow priests to help preserve the sanctity of the confessional.

"If the priest knows beforehand about such a situation, the priest should refuse to hear the confession," Cardinal Pell said yesterday.

"I would never hear the confession of a priest who's suspected of such a thing."

Opposition frontbencher Scott Morrison said that, as a rule, child sexual abuse should have been reported to authorities.

"Where crimes are committed, the police should know about them," Mr Morrison said.

But he would not be drawn on whether priests who had heard accounts of abuse from the confession box should be forced to break the confessional seal.

"These are matters that I suspect will be dealt with in the course of the royal commission and I don't want to pre-empt that," Mr Morrison said.

"I think there are a whole range of serious issues here, and I think getting into a public commentary on each and every one before the royal commission has even got out of the gate (is not) the right way to handle it."

NSW Premier Barry O'Farrell agreed that priests should be subject to mandatory reporting laws the same way doctors are.

"The law of the land when it comes to particularly mandatory reporting around issues to do with children should be applied to everyone equally," Mr O'Farrell told ABC radio.

"I just can't fathom that a member of the clergy who's engaged in abuse of children and who confesses that abuse even within the confessional will not have it reported to police."

Mr O'Farrell said he hoped the royal commission would look at the issue of the sanctity of confession in relation to child abuse.

The premier said unless it was clear there was "no safe house" where paedophiles could confess and get on with their lives "I suspect we will come back in 10 years time and nothing may have changed". 


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New frontier for military co-operation

US Secretary of Defence Leon Panetta, Minister for Defence Stephen Smith, US Secretary of State Hillary Clinton and Foreign Minister Bob Carr in Perth this week. Picture: Colin Murty Source: AFP

AUSTRALIA will host two US space surveillance systems as part of closer military ties agreed to Wednesday at a bilateral security summit.

The new cooperation on space is one of a string of enhanced engagements agreed on at an annual summit in Perth attended by US Secretary of State Hillary Rodham Clinton, US Defense Secretary Leon Panetta and their Australian counterparts, Foreign Minister Bob Carr and Defence Minister Stephen Smith.

The two militaries have agreed that Australia will operate a US Air Force C-band ground-based radar system near the northwestern town of Exmouth.

Mr Smith announced they also plan to relocate a Space Surveillance Telescope from New Mexico to an as-yet undecided location in Western Australia.

Mr Panetta described the relocation as "a major leap forward in bilateral space cooperation."

"The important steps we've agreed to here in Perth to increase cooperation between our two nations will do much to ensure that this very strong alliance remains an instrument of peace and prosperity for Americans, for Australians and for all people who reside in this important region of the world," he said.

Mrs Clinton said the US-Australian diplomatic, economic and security relationships are inseparable, adding that the alliance "is an anchor of peace and prosperity in the Asia-Pacific and around the world, forged in war, but flourishing in peace."

Together the radar and telescope will provide accurate tracking and identification of objects in space such as satellites and debris.

The radar will be delivered in 2014 at the site of a former US Navy communications base.


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