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The Forum > Article Comments > Australians overseas - and doing drugs > Comments

Australians overseas - and doing drugs : Comments

By Mirko Bagaric, published 23/9/2005

Mirko Bagaric argues Australian citizens who commit drug offences overseas deserve our help.

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Leigh's logic could extend to Iraq. Don't go there - you'll be decapitated or blown up. Don't say you weren't warned. Didn't Douglas Wood know the penalties for being in Iraq? Didn't he know there would be no due process and next to no mercy shown to captured Westerners? Yet I don't recall the Prime Minister coming out and saying how stupid he was. On the contrary, he railed against Wood's captors as "barbarians". But surely Wood and other Westerners in Iraq knew the risks?

Any government that has any claim to democracy and human rights, such as Australia's, should extend assistance (within its resources) to all of its citizens in trouble. Oh, and just an aside - Michelle Leslie, unlike Corby, hasn't even had a trial yet.
Posted by DavidJS, Monday, 26 September 2005 3:21:32 PM
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Common Lols,

Australian xenophobia and racism greet on arrival at a local international airport when predominantly naturalised Australians especially those with not ARYAN appearance are horded into a RED lane --- and outcomes from routine checking of THOROUBRED Aussies (WHO is it --- Guantanama-based Higgs and alike?) are obvious while non-discriminatorily undertaken in Asian countries OVERSEAS.
Posted by MichaelK., Tuesday, 27 September 2005 12:11:29 PM
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Their is an old standard enshrined within British Law - from which Australian Law is derived

"Volenti non fit injuria"

definition

Latin for "to a willing person, no injury is done." This doctrine holds that a person who knowingly and willingly puts himself in a dangerous situation cannot sue for any resulting injuries.

If some dullard wants to play fast and loose with Indonesian or other national drug laws - then let them and let them pay the consequences when caught be they Corby, any one of the "Nine", Miss Leslie (who will probably be treated lightly because of the non-commercial quantity) or any of the others who lay festering at some overseas tax payers expense in prison or Barlow or Chambers for that matter.

My only disappointment is we are not more rigorous in our dealing with drug dealers in Australia - one gaol term should be enough for anyone to "get the message" - second offense demonstrates contempt for the consequences - so make the consequences final and terminal - no prison terms - just humane termination.
Posted by Col Rouge, Tuesday, 27 September 2005 1:24:47 PM
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A couple of respondents to the article have referred to Schapelle Corby.......given that she is innocent and will be freed shortly...it would give the authors some credibility if they acknowledged the same...finbar
Posted by finbar, Tuesday, 27 September 2005 4:06:08 PM
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Garlick; just send it to the editor.

Mirko has the support of sneekeepete on this one.

Mirko is not as some have described as a little known academic -

Mirko received heaps of publicity when he endorsed torture as a legitimate tool of enquiry recently.

Sneekee draws a conclusion here; his critics arent all that well read; but that is not why we are here is it?

I class dropping a few eckkiees as pretty bloody insignificant; but that is also beside the point.

Most Australians whether charged with littering or mass murder would expect their government to apply Australian legal priciples when examining their cases irregardless of where they are; that is to our way of thinking (sneekee uses the word our with caution in these pages)the punter is innocenet until proven guilty. Most of the posts I have read have equated a charge with guilt.

And furthermore Australian Governments should promote the priciples of justice that they endorse witihn whatever jurisdiction their citizen is incarcerated - that is not meddling.

And further to my furthermore Australian governments, beyond the justice or otherwise of a sentence, needs to extend some understanding to those incarcerated in sub humane conditions.

And further to my further further more why do crime and punishment issues seem to generate a great deal of frothing at the mouth? I even note some legal persons joining in - one claims to be a barrister no less - well there isnt much less than a barrsiter!

There seems to be a lot of very muscular (between the ears I expect) christians posting here who would turn their backs on some one in need more readily than they might turn the other cheek.

Knock Knock! oh Inspector Keelty again. What! 14 days this time?! What for?! is it coz I spelt your name wrong last time? You cant tell me. I understand. Who said I was a latte' sipping leftie. Oh! you got it from on line opinion posters. Fair enuff. They'd know.
Posted by sneekeepete, Tuesday, 27 September 2005 5:54:25 PM
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To Finbar,
Yes, Schapelle Corby is innocent. No, she will not be released because the Indonesian courts are requiring her (in violation of Article 66 of their own criminal procedural code) to prove her innocence beyond doubt, but all the evidence to prove her innocence is in Australia and our government has done virtually nothing to help her to get hold of it. Isn't that precisely the point the author is trying to make? And while we're on the subject of Schapelle Corby, why is it that the Australian Government was allowed to get away with spreading the lie (to parliament and then to media all around the world) that Corby supporters had launched a bio-terror attack on the Indonesian Embassy in Canberra on June 1? Is anyone able to refute the fact that Howard, Downer and Beazley lied on this issue?
Posted by rogindon, Wednesday, 28 September 2005 2:10:45 PM
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