Andrew Chan

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For the Hong Kong bishop, see Andrew Chan (bishop).
Andrew Chang
Born (1984-01-12) 12 January 1984 (age 30)
Other names Bali Nine
Occupation Caterer
Criminal penalty
Death penalty
Criminal status Imprisoned (Indonesia)
Conviction(s) Drug trafficking

Andrew Chan (born 12 January 1984), is an Australian citizen who 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. According to court testimonies of convicted drug mules, Chan and Myuran Sukumaran, were the alleged co-ringleaders of the heroin smuggling operation from Indonesia to Australia. After a criminal trial, on 14 February 2006 Chan was sentenced to execution by firing squad by the Denpasar District Court.

Chan is currently in Kerobokan Prison awaiting execution, unless he is granted clemency by Indonesian President Susilo Bambang Yudhoyono.[1][2] After lodging an appeal against his sentence, his appeal was dismissed by the Indonesian Supreme Court on 10 May 2011.[3][4]

Early life and education[edit]

Chan is the younger child of Ken and Helen Chan, both first-generation Cantonese-speaking migrants from China.[5] Aged 20 years, Ken arrived in Australia in 1955 and initially worked in his brother's fruit shop and the fruit markets before working in a Chinese restaurant.[5] Ken fell in love with Helen while working in the restaurant and, for 40 years, ran a number of Chinese restaurants until their retirement in 2003.[5] Chan has an older brother and two older sisters, one of whom is named Francis.[5] Helen speaks little English, and Chan does not speak Cantonese; Chan's brother Michael translates when Helen and Chan speak.[5]

Chan grew up in Enfield in Sydney's southwest[6] and attended Homebush Boys High School.[5] Both he and Myuran Sukumaran attended the same school, but Sukumaran was four school years above Chan, and they did not meet until 2002, at a mutual friend's house.[5]

Career[edit]

Chan was employed at Eurest, a catering company, where he worked as a supervisor. It was reported that Chan had a good reputation at his job and was known to be a punctual and reliable worker. In an interview broadcast on SBS TV's Dateline following his sentencing and appeal, Chan stated:

I don't think I was really going anywhere in life. I don't think, you know, I was achieving too much, even though I had a stable job and all. Yes, I don't think I was really heading anywhere, to be honest, you know, I've used drugs myself I was a drug user. You know, I know what it feels like to - to be, you know, one of them junkies walking on the street I guess..... You don't think too much about - I didn't anyway. You know, most people think yeah, you would, but I didn't. It wasn't - more or less for me it was just quick pay day, that's it. Just think to yourself quick pay day, that's it - Nothing more, nothing less.[7]

When Chan worked for Eurest, he met Renae Lawrence, Martin Stephens and Matthew Norman.[8] All four would later be convicted of drug trafficking as fellow members of the Bali Nine.[9] Media reports claim that in early October 2004, Chan invited Lawrence to the Enfield home of his parents to celebrate Lawrence's 27th birthday; Chan was living with his parents at this time.[10] Here, Chan allegedly told Lawrence that she was to travel with him to Bali, without being told the detail behind the mission. Lawrence claimed that Chan would cover all airflights and accommodation and that if she disobeyed him or disclosed the nature of their arrangement, he would "send (her) family to the farm". Lawrence claimed that Chan said there would be a reward, should she follow his instructions.[8] It was also reported that she met Myuran Sukumaran around this time.

Drug smuggling[edit]

On 16 October 2004, it was alleged that Chan flew to Bali; with Lawrence also arriving in Bali on the same date.[11] Lawrence claimed that Chan was in regular contact with her when she stayed in the Istana Rama Hotel in Kuta, and Chan in Kuta's Hard Rock complex. Media reports stated that Lawrence alleged that on 22 October 2004, Sukumaran strapped packages to the body of both Lawrence and Chan, and with Chan's girlfried, Grace, boarded a commercial flight to Australia, successfully clearing security, customs and immigration in both Indonesia and Australia. Lawrence claimed that she and Chan were met at the airport, the packages removed, all of them taken to another house, and then Lawrence went home. A few days later Lawrence claimed that Chan handed her an envelope with A$10,000 cash.[8][12]

Lawrence claimed that a similar trip was organised following Chan's orders, where she departed Australia on 5 December 2004. Lawrence claimed that seven others were involved, including Chan, Matthew Norman, and Tan Duc Thanh Nguyen (going by the alias of David). Lawrence claimed that she was again given cash to purchase airflights and accommodation for eight days, staying again at the Istana Rama in Kuta. However, the second delivery was aborted when heroin suppliers failed to deliver "due to a financial matter or someone knowing about the plan the shipment was cancelled".[8]

According to Lawrence, again under Chan's instructions, Lawrence departed Australia on 6 April 2005. The day before, Lawrence, Stephens and Si Yi Chen met with Sukumaran where police allege drug smuggling tools such as sealable plastic bags, medical tape, elastic waist bands and skin tight bike shorts were stuffed into the bags of Lawrence and Stephens. Lawrence claims that she was given cash, whereas Stephens claims that his life was threatened.[13] According to media reports, police records show that during his stay in Bali, Chan was in daily contact with Lawrence, until 13 April, when Chan changed his mobile phone number. On the same day, Chan instructed Lawrence and other members of the Bali Nine to change hotels. The original planned departure date of 14 April from Bali was delayed[8] as Chan suspected Australian and Indonesian police were aware of his plans.

Arrest in Indonesia[edit]

Chan was arrested on 17 April 2005 as he was seated on an Australian Airlines flight waiting to depart Ngurah Rai Airport in Denpasar, Indonesia, for Sydney. He was arrested carrying three mobile phones and a boarding pass, however no drugs were found in his possession.[14]

Around the same time as Chan was arrested, Indonesian police arrested four drug mules collectively carrying 8.3 kg (18 lb) of heroin concealled on their bodies. Martin Stephens was found to be carrying 3.3 kg (7.3 lb); Renae Lawrence was found to be carrying 2.689 kg (5.93 lb); Michael Czugaj was found to be carrying 1.75 kg (3.9 lb) and Scott Rush was found to be carrying 1.3 kg (2.9 lb) of heroin. A little later that same day, Indonesian police also arrested Si Yi Chen, Tan Duc Thanh Nguyen, Myuran Sukumaran and Matthew Norman at the Melasti Hotel in Kuta. Indonesian police claim that this latter group were in possession of 334 g (11.8 oz) of heroin and bundles of plastic wrapping, Elastoplast tape, and a set of scales, indicating involvement in a plan to transport drugs to Australia.[15]

Criticism of Australian Federal Police tipoff[edit]

Lee Rush, the father of Scott Rush, a fellow member of the Bali Nine, said that he contacted the Australian Federal Police (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.[16][17][18] When the Bali Nine were arrested, the news of the tipoff became public[19] and there was criticism of the role of the AFP in protecting the interests of Australian citizens.[18] Commenting on the matter at the time, AFP Commissioner Mick Keelty 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.[20]

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.[21] The application was dismissed by the Federal Court in January 2006.

Criminal trial[edit]

Criminal trials for the accused commenced in the Denpasar District Court on 11 October 2005. Chen, Nguyen, and Norman, all arrested at the Melasti Hotel and earning the numeric epithet, The Melasti Three, were tried together, with the remaining six defendants, including Chan, tried separately.

In December 2005, it was reported that tensions were building between the Bali Nine drug mules and Sukumaran and Chan.[22] Several days later, lawyers acting for some members of the Bali Nine initially sought the support of the Director of Public Prosecutions to intervene and lay charges for conspiracy to import drugs, so that the nine could be extradited and charged under Australian law.[23] However, the judges hearing the trial matters in Bali called for Australia not to intervene in Indonesia's right to impose capital punishment;.[24] Lawyers acting for Stephens, one of the Bali Nine, claimed that the fairness of his trial was in jeopardy following comments made in the media by Indonesian Foreign Minister Hassan Wirajuda that Australians should be prepared for members of the Bali Nine to receive a death sentence, if found guilty.[25]

Giving evidence against Chan, Lawrence testified that she had received threats of harm against herself and her family if she did not proceed with the plan to import heroin into Australia. She claimed before the Denpasar District Court that Chan ordered her to book a flight to Bali and that she not know why she was ordered to travel.[26] Another drug mule, Rush, also later convicted of drug trafficking, accused Chan of strapping the heroin to his body while wearing rubber gloves.[27]

Throughout his trial, Chan remained silent.[28] During his final plea, reading from a two-page statement, Chan commented:

I didn't say anything in court because if I did, I'd be lying. The truth is, I know nothing. A lot of lies have been said against me, but the true reality is I'm not what people put me out to be. I've never threatened anybody in my life. The outcome I wish, of course, and my family is that you find that you would release me, for I had nothing to participate in this......The reason why I always smile is because I feel the Lord's presence anywhere I go and he gives me the courage. I feel it in this very courtroom today. I'm 22-years-old and I'm a young man, all I ask your honour is that you will give me an opportunity to restart my new fulfilled life.[28][29]

Australian Prime Minister, John Howard said the Australian government would oppose any death sentences imposed, saying:

We have a long-standing opposition to the death penalty and it's well known that if a death penalty is imposed on an Australian we ask that that death penalty not be imposed.[30]

Sentencing and appeal[edit]

In January 2006, prosecutors called for the death penalty to be handed down on Chan, after earlier calls for the same demand against Sukumaran - the only two calls of death put forward by prosecutors for any of the Bali Nine. Prosecutors told a Bali court there was no reason to show any leniency because Chan helped organise the heroin smuggling operation. Prosecutors also claim Sukumaran and Chan strapped heroin to the bodies of the fellow accused. Indonesian police identified Chan as one of the main players in what they say was a major smuggling ring.[31][32]

Found guilty of drug trafficking, on 14 February 2006 three judges in the Denpasar District Court sentenced Chan to death by firing squad.[33][34] In handing down their ruling, they claimed that Chan had not been straightforward in his evidence and had showed no remorse.[35] 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.[36]

Prime Minister Howard 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.[36] [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.[35]

Julian McMahon, a Melbourne human rights lawyer who took over the case in 2006 on a pro-bono basis,[7] appealed against the severity of Chan's sentence to the Indonesian Supreme Court. During the appeal hearings it was revealed that Chan has a girlfriend and that the governor of Kerobokan Prison described Chan and Sukumaran as model prisoners[37] and that Chan and Sukumaran have a positive influence on other prisoners.[1] In his final appeal, Chan was reported as stating:

I apologise to the Indonesian people, I also apologise to my family and I realise that my actions have brought shame and suffering to my whole family. If I am pardoned… I hope that one day I will be able to have my own family and work as a pastor so I can give guidance to young people. I can still contribute a great deal during my life.[7]

On 17 June 2011 it was announced that the Indonesian Supreme Court had rejected Chan's appeal against his death sentence on 10 May 2011.[3][4] Indonesian President, Susilo Bambang Yudhoyono (SBY), has the power to grant clemency, although some media reports consider this unlikely and expect that Chan will be executed.[2][38][39]

Prison life[edit]

Chan has a girlfriend whom he met when she was visiting another prisoner.[40] Mr Siswanto, the governor of the prison, has described Chan and Myuran Sukumaran as model prisoners and testified in court that they should not be executed because of the positive influence they have had. Siswanto said in an interview, "Chan organises courses in prison, leads the English-language church service and is a mentor to many."[41]

See also[edit]

References[edit]

  1. ^ a b Allard, Tom (23 January 2010). "Lives transformed in shadow of death". The Sydney Morning Herald. Retrieved 2 July 2011. 
  2. ^ a b Wockner, Cindy; Athika, Gita (17 June 2011). "Bali Nine ringleader loses last appeal". The Daily Telegraph (Australia). Retrieved 17 June 2011. 
  3. ^ a b "Bali Nine's Andrew Chan loses final appeal". The Sydney Morning Herald. AAP. 17 June 2011. Retrieved 17 June 2011. 
  4. ^ a b Brown, Matt (17 June 2011). "Bali Nine ringleader loses final appeal". ABC News (Australia). AAP. Retrieved 17 June 2011. 
  5. ^ a b c d e f g Wockner, Cindy (5 May 2013). "Cindy Wockner takes an exclusive look at life inside death row for the Bali Nine". News.com.au. 
  6. ^ "Andrew Chan's family appeal for Indonesian clemency". News.com.au. 19 June 2011. 
  7. ^ a b c Davis, Mark (14 November 2010). "The Condemned" (transcript). Dateline (Australia). Retrieved 2 July 2011. 
  8. ^ a b c d e McMahon, Neil; Forbes, Mark (19 November 2005). "A crooked trail of greed and naivety". The Age (Australia). Retrieved 26 June 2011. 
  9. ^ Munro, Catherine (24 April 2005). "How Renae lost her way and landed on death row". The Sun-Herald (Australia). Retrieved 22 June 2011. 
  10. ^ My Brother Andy on YouTube
  11. ^ Lloyd, Peter (27 April 2005). "Police say Bali nine all face death penalty". PM (Australian Broadcasting Corporation). Retrieved 26 June 2011. 
  12. ^ McMahon, Neil (14 February 2006). "Sentence shock: can they do that, Lawrence asks". The Age (Melbourne). Retrieved 24 June 2011. 
  13. ^ Palmer, Tim (10 October 2005). "Bali 9 documents lay out alleged conspiracy" (transcript). 7.30 Report (Australia). Retrieved 26 June 2011. 
  14. ^ Cornford, Philip (23 April 2005). "How the trap snapped shut". The Age (Melbourne). Retrieved 26 June 2011. 
  15. ^ Denpasar, Bali (19 April 2005). "Busted Aussies 'acted like tourists'". The Age (Melbourne). AAP. Retrieved 26 June 2011. 
  16. ^ Neighbour, Sally (27 August 2010). "How the AFP trapped the Bali Nine". The Australian. Retrieved 25 June 2011. 
  17. ^ McKew, Maxine (18 April 2005). "9 Australians caught in Bali drug bust" (transcript). 7.30 Report (Australia). Retrieved 26 June 2011. 
  18. ^ a b Munro, Ian; Shiel, Fergus (20 April 2005). "Sydney or bust?". The Age (Melbourne). Retrieved 26 June 2011. 
  19. ^ "AFP knew of drug plan for 10 weeks". The Sydney Morning Herald. AAP. 18 April 2005. Retrieved 26 June 2011. 
  20. ^ Hoare, Daniel (July 2007). "Australian Exceptionalism: The Bali Nine and the future of the death penalty". The Monthly (Black Inc.). Retrieved 25 June 2011. 
  21. ^ "Bali drug accused allege AFP breach". ABC News (Australian Broadcasting Corporation). 7 October 2005. Archived from the original on 14 May 2011. Retrieved 20 June 2011. 
  22. ^ "Bali Nine brought together in court". The Age (Melbourne). AAP. 2 December 2005. Retrieved 17 June 2011. 
  23. ^ "Lawyers seek charges to extradite Bali nine". ABC News (Australia). 6 December 2005. Archived from the original on 27 June 2010. Retrieved 17 June 2011. 
  24. ^ "Don't interfere: Bali 9 judges". The Sydney Morning Herald. AAP. 7 December 2005. Retrieved 17 June 2011. 
  25. ^ "Fairness of Bali Nine trial in jeopardy, say lawyers". The Age (Melbourne). AAP. 7 December 2005. Retrieved 21 June 2011. 
  26. ^ "I'm terrified of Chan, says Lawrence". The Sydney Morning Herald. AAP. 22 December 2005. Retrieved 2 July 2011. 
  27. ^ "Rush reenacts drug smuggling in court". The Age (Melbourne). AAP. 13 December 2005. Retrieved 2 July 2011. 
  28. ^ a b "Chan pleads for his life". The Age (Melbourne: Fairfax Media). AAP. 3 February 2006. Retrieved 2 July 2011. 
  29. ^ Marshall, Steve (13 February 2006). "Renae Lawrence to learn fate". AM (Australia). Retrieved 2 July 2011. 
  30. ^ "PM to oppose Bali death sentences". news.com.au (Australia). Archived from the original on 2011-06-05. 
  31. ^ "Call to execute Bali nine 'ringleader'". The Sydney Morning Herald. AAP. 24 January 2006. Retrieved 17 June 2011. 
  32. ^ "Bali Nine accused await sentencing fate". The Age (Melbourne). AAP. 24 January 2006. Retrieved 17 June 2011. 
  33. ^ "Bali duo sentenced to death". The Sydney Morning Herald. AAP. 14 February 2006. 
  34. ^ "Australian death row pair Andrew Chan and Myuran Sukumaran finally admit Bali Nine roles". The Australian. AAP. 13 August 2010. 
  35. ^ a b Thompson, Geoff (14 February 2006). "Judges sentence Chan, Sukumaran to death" (transcript). Lateline (Australia). Retrieved 2 July 2011. 
  36. ^ a b Forbes, Mark; McMahon, Neil; Dodson, Louise (15 February 2006). "Death by firing squad". The Sydney Morning Herald. Retrieved 2 July 2011. 
  37. ^ Wockner, Cindy (8 October 2010). "Judge makes plea for lives of Bali Nine". The Herald Sun. 
  38. ^ Allard, Tom (19 June 2011). "PM's backing to overturn death sentence". The Sydney Morning Herald. Retrieved 20 June 2011. 
  39. ^ Nurhayati, Desy (20 June 2011). "Bali Nine death row inmate loses final appeal". The Jakarta Post (Indonesia). Retrieved 20 June 2011. 
  40. ^ Wockner, Cindy (8 October 2010). "Judge makes plea for lives of Bali Nine". The Herald Sun. 
  41. ^ Allard, Tom (21 June 2011). "Faith sustains condemned man Andrew Chan". The Sydney Morning Herald. Retrieved 13 July 2011.