ID :
211705
Fri, 10/07/2011 - 13:26
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Shortlink :
https://oananews.org//node/211705
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Bali boy may get to stay with parents
SYDNEY (AAP) - Oct 07 - A 14-year-old Australian boy, allegedly caught in Bali with a small amount of marijuana, could be released into the custody of his parents while police continue to investigate and consider whether to lay charges.
However, in a worrying sign, an Indonesian Foreign Ministry spokesman in Jakarta on Friday warned that anyone caught in Indonesia with illegal drugs could expect to face severe penalties.
The teenager, named by police sources as Lewis Mason from Morisset Park near Newcastle, was on Friday preparing to spend the weekend in custody at police headquarters in Bali where he has been since his arrest on Tuesday afternoon.
He is being accommodated with his parents, who have been with him since Wednesday morning in the large police compound.
While they are in the same room, they are separated by bars.
His lawyer Mohammad Rifan, who met with the boy and his parents for more than two hours on Friday, said they were now relatively calm despite the shock of the past four days.
"The boy is quite stable because the parents give support and police are being helpful," he said.
It has also emerged that Mason could be released into his parents' custody and allowed to return Australia, even if he is charged and the case goes to trial.
Authorities have 20 days before they must lay charges. They can, however, apply for an additional 10 days.
Mr Rifan said it was possible Mason could be released into his parents' custody as early as next week, depending on the recommendations of narcotics investigators and correctional authorities who interviewed him on Friday afternoon.
"It is still possible, but we must agree on some conditions first," he said.
He added that he was now more optimistic about his client's case after having discussions with police.
"Until this time we still optimistic, because minors have the special regulation and the police accepted the use of this regulation for this case," he said.
However, he also cautioned that the boy still faced the very real prospect of a lengthy term in jail in Indonesia.
If convicted of possession, he would face a maximum term of six years, which he would likely serve in Bali's notorious Kerobokan Prison alongside murderers, sex offenders and people on death row.
The teenager, who was on holidays with his parents and staying in the luxury resort area of Legian, was with a friend when he was arrested allegedly with 3.6 grams of marijuana.
Mason was reinterviewed on Friday after his legal team complained that police had broken Indonesian rules for dealing with child suspects by not allowing the boy's parents to be present during his initial interview on Tuesday night.
Police have also taken a urine sample to test him for drugs.
It is understood that it was during the course of the initial interrogation that the boy allegedly made an admission to police about buying the drugs.
Police sources said he admitted buying the marijuana for the equivalent of about $25 after being approached by a dealer while on his way to get a massage in Kuta earlier in the afternoon.
He was arrested outside a supermarket after he left the place where he received the massage.
There have also been questions raised about whether or not he was the victim of a police sting.
Asked if it was possible that the boy was set up, Mr Rifan said: "For us we must have some proof and evidence before we are talking about if is set up or not."
The comments came as Australian consular officials, who have been told to make the case their top priority, held meetings with the boy and his parents, as well as the chief narcotics investigator with the Bali police.
However, as sensitive diplomatic discussions continued between Australian and Indonesian officials, Indonesian Foreign Ministry spokesman Michael Tene warned that people caught with drugs in Indonesia should expect to be dealt with under the country's tough anti-drug laws.
"As far as Indonesia is concerned, our policy has been very clear," he said in Jakarta.
"Everybody should know by now that (people caught with) illegal drugs in Indonesia will face a very severe penalty," Mr Tene said.
Foreign Minister Kevin Rudd said the matter was a complex one and urged Australians to "be patient" as the Indonesian legal system dealt with the case.
"This is a time for calm heads, cool hearts" he said.
"It may take quite a while to resolve - everyone just needs to adjust to that reality," he said.
However, in a worrying sign, an Indonesian Foreign Ministry spokesman in Jakarta on Friday warned that anyone caught in Indonesia with illegal drugs could expect to face severe penalties.
The teenager, named by police sources as Lewis Mason from Morisset Park near Newcastle, was on Friday preparing to spend the weekend in custody at police headquarters in Bali where he has been since his arrest on Tuesday afternoon.
He is being accommodated with his parents, who have been with him since Wednesday morning in the large police compound.
While they are in the same room, they are separated by bars.
His lawyer Mohammad Rifan, who met with the boy and his parents for more than two hours on Friday, said they were now relatively calm despite the shock of the past four days.
"The boy is quite stable because the parents give support and police are being helpful," he said.
It has also emerged that Mason could be released into his parents' custody and allowed to return Australia, even if he is charged and the case goes to trial.
Authorities have 20 days before they must lay charges. They can, however, apply for an additional 10 days.
Mr Rifan said it was possible Mason could be released into his parents' custody as early as next week, depending on the recommendations of narcotics investigators and correctional authorities who interviewed him on Friday afternoon.
"It is still possible, but we must agree on some conditions first," he said.
He added that he was now more optimistic about his client's case after having discussions with police.
"Until this time we still optimistic, because minors have the special regulation and the police accepted the use of this regulation for this case," he said.
However, he also cautioned that the boy still faced the very real prospect of a lengthy term in jail in Indonesia.
If convicted of possession, he would face a maximum term of six years, which he would likely serve in Bali's notorious Kerobokan Prison alongside murderers, sex offenders and people on death row.
The teenager, who was on holidays with his parents and staying in the luxury resort area of Legian, was with a friend when he was arrested allegedly with 3.6 grams of marijuana.
Mason was reinterviewed on Friday after his legal team complained that police had broken Indonesian rules for dealing with child suspects by not allowing the boy's parents to be present during his initial interview on Tuesday night.
Police have also taken a urine sample to test him for drugs.
It is understood that it was during the course of the initial interrogation that the boy allegedly made an admission to police about buying the drugs.
Police sources said he admitted buying the marijuana for the equivalent of about $25 after being approached by a dealer while on his way to get a massage in Kuta earlier in the afternoon.
He was arrested outside a supermarket after he left the place where he received the massage.
There have also been questions raised about whether or not he was the victim of a police sting.
Asked if it was possible that the boy was set up, Mr Rifan said: "For us we must have some proof and evidence before we are talking about if is set up or not."
The comments came as Australian consular officials, who have been told to make the case their top priority, held meetings with the boy and his parents, as well as the chief narcotics investigator with the Bali police.
However, as sensitive diplomatic discussions continued between Australian and Indonesian officials, Indonesian Foreign Ministry spokesman Michael Tene warned that people caught with drugs in Indonesia should expect to be dealt with under the country's tough anti-drug laws.
"As far as Indonesia is concerned, our policy has been very clear," he said in Jakarta.
"Everybody should know by now that (people caught with) illegal drugs in Indonesia will face a very severe penalty," Mr Tene said.
Foreign Minister Kevin Rudd said the matter was a complex one and urged Australians to "be patient" as the Indonesian legal system dealt with the case.
"This is a time for calm heads, cool hearts" he said.
"It may take quite a while to resolve - everyone just needs to adjust to that reality," he said.
