Eamonn Duff, Cosima Marriner
Published: September 23, 2012
The Australian Federal Police is trying to stop the
release of damaging details of its dealings with the Indonesian
government over the Schapelle Corby drug bust, arguing that they would
damage international relations and expose crucial ways in which the
organisation operates.Schapelle's sister Mercedes has been locked in a battle with the federal police to release all communications relating to the case.
If, in the coming days, a court judge rules in her favour, previously hidden details about the case would emerge, including vital police intelligence that may have been shared with Indonesia - before and after Schapelle's arrest in 2004.
Using freedom-of-information laws, Mercedes has sought all emails, letters, files, documents and transcripts involving the then AFP commissioner, Mick Keelty, which relate to Schapelle, including full details of communications between him and Indonesian authorities.
There are almost 300 related documents but the AFP has refused to release many and redacted large parts of others on the grounds that they ''may cause damage to the international relations of the Commonwealth'' and would divulge information which was ''communicated in confidence by, or on behalf of, a foreign government to the Commonwealth''.
The Sun-Herald can reveal that in early July Mercedes Corby appealed against the AFP's decision in the Administrative Appeals Tribunal in Brisbane, where both parties argued their case before the deputy president P.E. Hack. She told the tribunal she had been fighting on Schapelle's behalf for eight years.
But Mr Hack warned Mercedes that any intelligence the federal police handed over to her would also be publicly available. ''Once it's available to you, it's available to the world … including people who have an interest in knowing the way in which the AFP undertakes their task,'' he said. Mercedes responded: ''We have so many questions and no answers.''
While the Corby family once claimed they had no links to marijuana, Queensland Police Service archives confirm Schapelle's father Mick was arrested twice in 1973 for possessing and using cannabis. Fast forward to 2004 and three weeks before Schapelle's arrest, Mr Corby was implicated in a ''Queensland Police Crime Intelligence report'' as being part of a Gold Coast syndicate that was transporting drugs to Bali - using commercial passenger flights. In those statements a police informant, Kim Moore, claimed Tony Lewis - Mick Corby's best friend and next-door neighbour - was running a marijuana operation on his property. When police raided him days later, they found 200 plants and stockpiles of vacuum-sealed cannabis stored in freezers, worth more than $600,000.
Ms Moore also made further allegations about drugs being shipped to Bali on passenger jets. On October 8 - 22 days later - Schapelle was arrested with 4.2 kilograms of cannabis at Denpasar Airport.
It remains unclear whether Ms Moore's statement, and other information, was forwarded as part of the same intelligence-sharing arrangement with Indonesia that saw the Bali nine arrested seven months later. However, those answers could now be days away if Mr Hack decides the AFP is duty-bound to release files.
The AFP was represented at the tribunal by the top legal firm Clayton Utz, and AFP officers gave evidence via video link in Canberra. The Inspector-General of Intelligence and Security, Vivienne Thom, also submitted an affidavit. Mercedes Corby represented herself, with assistance from a Queensland woman, Diane Frola, director of the Australian UFO Research Network.
During the three-day hearing, AFP Commander Fiona Drennan gave evidence that some documents contained communication between Mr Keelty and the Indonesians, and to reveal those interactions would damage relations between the two nations. Mr Hack said: ''So I suppose, yes, in a lot of ways there was … more than Ms Corby happening in Indonesia in the period between 2004 and 2005.''
Parts of a document titled ''The Prosecution of Ms Schapelle Corby in Bali for Drug Trafficking'' were redacted on the basis that it contained a confidential source of information.
At one stage, Mercedes and Ms Frola were asked to leave the courtroom so the AFP could divulge information contained in the files. Intriguingly, a May 2005 Corby-related letter from Mr Keelty to then South Australian Police Commissioner Mal Hyde was blacked out. The court was also told the AFP ''can't find'' a letter Mr Hyde sent to Mr Keelty in December that year.
eduff@fairfax.com.au
Twitter: @eamonnduff
This story was found at: http://www.smh.com.au/national/police-fight-to-keep-corby-secrets-20120922-26dni.html
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