Australian Diplomats Make Headway in Freeing Boy from Bali Jail
The 14-year-old Australian boy arrested in Bali for possessing a small quantity of marijuana will most likely be released from custody soon after Indonesian police said they considered him more in need of rehabilitation than incarceration.
This positive development came in the midst of relentless efforts by the Australian Consulate in Bali to secure his release.
It was reported by the National that the Indonesian welfare officer in charge of preparing a report on the case will adopt the comsulate's recommendations.
Senior Commissioner Mulyadi, chief of the Bali Police narcotics division, said they will be applying Article 128 of the country’s drug laws which refers to “pecandu” or the Indonesian term for addiction.
“It is the most appropriate because the boy is a minor and a user,” he added.
Under Article 128, the boy’s parents must be able to prove that they have reported any known substance used by the teenager to a doctor, counselor or the proper authorities.
Evidence that the parents reported him to the police is expected to arrive in Bali soon.
The welfare officer’s report and a recommendation from a psychiatrist will be included in the record that will be forwarded to the court, where the defense lawyer will mount an “addict” defense.
Mohammad Rifan, the legal counsel for the boy who hails from Newcastle, said the boy will have to stay under detention until a judge makes a decision to accept or reject the recommendations from the officer and psychiatric consultant.
The Indonesian police have up to three weeks to determine if charges will be made. Prosecutors also have 25 days to present their case, which implies that a decision may take two months.
Rifan said the boy revealed to in a second interrogation that he was coerced into buying drugs from an unidentified man who contacted him on Kuta Beach.
He was granted a second interview by the police after the boy’s lawyers protested that the authorities did not follow Indonesian laws in dealing with adolescent suspects by not allowing his parents to be present during the first questioning.
If released from Indonesian police custody, he will be sent back to Australia to undergo rehabilitation.