The prosecutors in Indonesia’s Bali have rejected the arguments put forth by lawyers of a New Zealander, accused of drug smuggling, that the charges of indictment on the accused be annulled. New Zealnder Antony de Malmanche was arrested in Bali on December 1 with 1.7kg of crystal meth in his possession.

The lawyers of the 52-year-old accused raised many flaws in the indictment slapped on the accused. They argued that the accused was not told of his rights to hire a lawyer via a translator, as was required by the law, reports NZ Herald. They said that flaw has rendered the very basis of prosecution invalid.

Death Penalty

However, prosecutors ruled out all objections and announced that the trial must go on. Under the existing laws on drug related offences, Malmanche may face death penalty, though he claims he was made cheated by someone to become a courier of drugs, which happened without his knowledge.

During the hearing, the lawyers also faced challenges like not having an official translator. "We have objected, so now we've asked it should be translated," said lawyer Craig Tuck. The chief judge will now consider both sides and make a decision whether the trial would proceed on March 24, Tuesday.

Defence Argument

The defence for de Malmanche argued that the accused was lured into carrying drugs after trapping him in an online romance scam. According to defence team, Malmanche must be treated as a victim and not as a criminal. “If someone is forced to commit a crime or coerced or is not acting of their own free will, we should treat that differently from those who chose to commit a crime,” argued, lawyer Felicity Gerry QC, reports 3 News.

When Malmanche was arrested at Denpasar International Airport he had 1.7 kg of methamphetamine in his backpack. He reportedly travelled to Hong Kong to meet up with his internet girlfriend, 'Jessie', before flying to Bali. It was his first trip abroad and claimed that he was given a bag by one of Jessie's people before flying to Bali to meet her. Police waited four days for ‘Jessie’ to come, but she never turned up. Now the trial of the New Zealnder is likely to go on for at least six months with just one hearing in a week. His family has created a Givealittle page to seek help for funding his legal fees.

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