Tan Duc Thanh Nguyen
Encyclopedia
Tan Duc Thanh Nguyen (born 30 October 1983), a Vietnamese
–Australia
n citizen, was convicted in Indonesia
for drug trafficking as a member of the Bali Nine
. In 2005, Nguyen was arrested in a room at the Melasti Hotel in Kuta
together with three others. Police uncovered 334 g (11.8 oz) of heroin in a suitcase in the room. After a criminal trial, on 15 February 2006 Nguyen was sentenced to life imprisonment
. His appeal
to the Indonesian Supreme Court
to have the sentence reduced suffered a shock when the Supreme Court imposed the death penalty on 6 September 2006. A subsequent appeal to the Indonesian Supreme Court, following a full confession by Nguyen to his role in the plan to import heroin from Bali to Australia, resulted in the original sentence of life imprisonment being reinstated.
Some media reports claimed that Nguyen was believed to be a financier of the smuggling plan.
, claim that Nguyen (going by the alias of David), from Wellington Point
in Brisbane, Queensland, had arranged an earlier attempt at trafficking from Indonesia to Australia. This attempt in December 2004 involved Lawrence, Andrew Chan
, Matthew Norman
and others. The delivery was aborted when heroin suppliers failed to deliver "due to a financial matter or someone knowing about the plan the shipment was cancelled".
Further media reports, again based on court testimonies, claim that Nguyen met Michael Czugaj
and Scott Rush
(both Brisbane school friends) in a pub
in Fortitude Valley where Nguyen reportedly offered Rush and Czugaj an all-expenses-paid trip to Bali.
Arriving in Bali on or about 8 April 2005, Rush and Czugaj met alleged co-ringleaders Myuran Sukumaran
and Andrew Chan at the Hard Rock Hotel, and also Renae Lawrence and Martin Stephens
. On 14 April, Norman, Si Yi Chen
, Lawrence and Stephens checked in to Adhi Dharma hotel in Bali, with Nguyen arriving in the same hotel two days later. In the evening of Sunday 17 April, appearing like tourists, Nguyen, Norman, and Chen checked into the Melasti Hotel. Myuran Sukumaran, who was also with them, with his bags, left them with the others as he decided to go to the Hard Rock Hotel complex.
All would later be convicted of drug trafficking as fellow members of the Bali Nine.
Earlier that day at Ngurah Rai International Airport in Denpasar
, Indonesian police also arrested the following drug mules
after they were found carrying various amounts 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 (5.9 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. Alleged co-ringleader, Andrew Chan was also arrested the same day whilst seated on an Australian Airlines
flight waiting to depart Denpasar for Sydney. At the time Chan was arrested, he was carrying three mobile phones and a boarding pass. No drugs were found in his possession.
(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. When the Bali Nine were arrested, the news of the tipoff became public and there was criticism of the role of the AFP in protecting the interests of Australian citizens. Commenting on the matter at the time, AFP Commissioner
Mick Keelty
was reported as saying:
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. The application was dismissed by the Federal Court in January 2006.
, The Melasti Three, were tried together, with the remaining six defendants tried separately.
In December 2005, it was reported that tensions were building between between the Bali Nine drug mules and Sukumaran and Chan. 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. However, the judges hearing the trial matters in Bali called for Australia not to intervene in Indonesia's right to impose capital punishment;. 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.
During his trial, Nguyen was accused of both recruiting members and financing the drug importation scheme. Czugaj, since convicted, stated that he travelled to Bali, with school friend Scott Rush, after Rush introduced him to Nguyen. Their reason for travel was that Nguyen offered them both a free holiday to Bali. When asked why he chose to travel to Bali on a paid holiday, Rush replied:
Whilst Nguyen refused to testify; Czugaj confirmed Rush's account of events as being true.
On 15 February 2006, Nguyen was sentenced to life imprisonment. Commenting on the sentences at the time, Australian Federal Police Commissioner Keelty stated:
Australian Prime Minister
John Howard
was reported as commenting:
Appealing against the sentence, on 6 September 2006, his sentence was upgraded to the death penalty. On 5 March 2008, three judges in the Indonesian Supreme Court in Jakarta decided to spare the lives of Nguyen, Chen, and Norman.
Vietnam
Vietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
–Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n citizen, was convicted in Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
for drug trafficking as a member of the Bali Nine
Bali Nine
The Bali Nine is the name given to a group of nine Australians arrested on 17 April 2005, in Denpasar, Bali, Indonesia, in a plan to smuggle of heroin valued at approximately A$4 million from Indonesia to Australia...
. In 2005, Nguyen was arrested in a room at the Melasti Hotel in Kuta
Kuta
Kuta is administratively a district and subdistrict/village in southern Bali, Indonesia. A former fishing village, it was one of the first towns on Bali to see substantial tourist development, and as a beach resort remains one of Indonesia's major tourist destinations...
together with three others. Police uncovered 334 g (11.8 oz) of heroin in a suitcase in the room. After a criminal trial, on 15 February 2006 Nguyen was sentenced to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
. His appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
to the Indonesian Supreme Court
Indonesian Supreme Court
The Supreme Court of Indonesia is the independent judicial arm of the state. It maintains a system of courts and sits above the other courts and is the final court of appeal. It can also reexamine cases if new evidence emerges.-Jurisdiction:...
to have the sentence reduced suffered a shock when the Supreme Court imposed the death penalty on 6 September 2006. A subsequent appeal to the Indonesian Supreme Court, following a full confession by Nguyen to his role in the plan to import heroin from Bali to Australia, resulted in the original sentence of life imprisonment being reinstated.
Some media reports claimed that Nguyen was believed to be a financier of the smuggling plan.
Alleged trafficking conspiracy
Media reports based on the testimony of co-conspirator, Renae LawrenceRenae Lawrence
Renae Lawrence , an Australian former hospitality worker and panel beater, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, on her third trip to Bali, Lawrence was arrested at Ngurah Rai International Airport in Denpasar with of heroin concealed on her body...
, claim that Nguyen (going by the alias of David), from Wellington Point
Wellington Point, Queensland
Wellington Point is a suburb of Redland City, about 22 km east of Brisbane, Queensland. The suburb derives its name from Wellington Point which extends prominently into Moreton Bay....
in Brisbane, Queensland, had arranged an earlier attempt at trafficking from Indonesia to Australia. This attempt in December 2004 involved Lawrence, Andrew Chan
Andrew Chan
Andrew Chan , an Australian citizen, 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...
, Matthew Norman
Matthew Norman
Matthew James Norman , an Australian citizen, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Norman was arrested in a room at the Melasti Hotel in Kuta together with three others. Police uncovered of heroin in a suitcase in the room. After a criminal trial,...
and others. The delivery was aborted when heroin suppliers failed to deliver "due to a financial matter or someone knowing about the plan the shipment was cancelled".
Further media reports, again based on court testimonies, claim that Nguyen met Michael Czugaj
Michael Czugaj
Michael William Czugaj , an Australian former glazier from Oxley, a suburb of Brisbane, Queensland, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Czugaj was arrested at Ngurah Rai International Airport in Denpasar with of heroin concealed on his body...
and Scott Rush
Scott Rush
Scott Anthony Rush , an Australian former labourer, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, on his first trip to Bali, Rush was arrested at Ngurah Rai International Airport in Denpasar with of heroin concealed on his body. After a criminal trial, on...
(both Brisbane school friends) in a pub
Public house
A public house, informally known as a pub, is a drinking establishment fundamental to the culture of Britain, Ireland, Australia and New Zealand. There are approximately 53,500 public houses in the United Kingdom. This number has been declining every year, so that nearly half of the smaller...
in Fortitude Valley where Nguyen reportedly offered Rush and Czugaj an all-expenses-paid trip to Bali.
Arriving in Bali on or about 8 April 2005, Rush and Czugaj met alleged co-ringleaders Myuran Sukumaran
Myuran Sukumaran
Myuran Sukumaran Myuran Sukumaran Myuran Sukumaran (Tamil: (மயூரன் சுகுமாரன்) (born 17 April 1981 in London, England) is an Australian who was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Sukumaran was arrested in a room at the Melasti Hotel in Kuta with three...
and Andrew Chan at the Hard Rock Hotel, and also Renae Lawrence and Martin Stephens
Martin Stephens
Martin Eric Stephens , an Australian former bartender, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, on his first trip to Bali, Stephens was arrested at Ngurah Rai International Airport in Denpasar with of heroin taped to his chest and concealed under his...
. On 14 April, Norman, Si Yi Chen
Si Yi Chen
Si Yi Chen , an Australian citizen, was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Chen was arrested in a room at the Melasti Hotel in Kuta together with three others. Police uncovered of heroin in a suitcase in the room. After a criminal trial, on 15...
, Lawrence and Stephens checked in to Adhi Dharma hotel in Bali, with Nguyen arriving in the same hotel two days later. In the evening of Sunday 17 April, appearing like tourists, Nguyen, Norman, and Chen checked into the Melasti Hotel. Myuran Sukumaran, who was also with them, with his bags, left them with the others as he decided to go to the Hard Rock Hotel complex.
All would later be convicted of drug trafficking as fellow members of the Bali Nine.
Arrest in Indonesia
Approximately 20 minutes after checking in, Nguyen was arrested at the Melasti Hotel in Kuta on 17 April 2005 with Matthew Norman, Myuran Sukumaran and Si Yi Chen. Indonesian police claim the 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.Earlier that day at Ngurah Rai International Airport in Denpasar
Denpasar
Denpasar is the capital city of the province of Bali, Indonesia. It has a rapidly expanding population of 788,445 in 2010, up from 533,252 in the previous decade. It is located at .-History:...
, Indonesian police also arrested the following drug mules
Mule (smuggling)
A mule or courier is someone who smuggles something with him or her across a national border, including bringing in to and out of an international plane, especially a small amount, transported for a smuggling organization. The organizers employ mules to reduce the risk of getting caught...
after they were found carrying various amounts 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 (5.9 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. Alleged co-ringleader, Andrew Chan was also arrested the same day whilst seated on an Australian Airlines
Australian Airlines
Australian Airlines was a full-service airline based in Australia, servicing Australian and Asian destinations between 2002 and 2006. It was an all-economy, full-service international leisure carrier and was a wholly owned subsidiary of Qantas, although run independently of the mainline carrier...
flight waiting to depart Denpasar for Sydney. At the time Chan was arrested, he was carrying three mobile phones and a boarding pass. No drugs were found in his possession.
Criticisms of Australian Federal Police tipoff
Lee Rush, the father of Scott Rush, a fellow member of the Bali Nine, said that he contacted the Australian Federal PoliceAustralian Federal Police
The Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...
(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
Surveillance
Surveillance is the monitoring of the behavior, activities, or other changing information, usually of people. It is sometimes done in a surreptitious manner...
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. When the Bali Nine were arrested, the news of the tipoff became public and there was criticism of the role of the AFP in protecting the interests of Australian citizens. Commenting on the matter at the time, AFP Commissioner
Police commissioner
Commissioner is a senior rank used in many police forces and may be rendered Police Commissioner or Commissioner of Police. In some organizations, the commissioner is a political appointee, and may or may not actually be a professional police officer. In these circumstances, there is often a...
Mick Keelty
Mick Keelty
Michael Joseph "Mick" Keelty AO APM , Australian police officer, was the Commissioner of the Australian Federal Police from 2001 to 2009...
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."
Rush took action in the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
against the AFP for breach of the bilateral treaty
Bilateral treaty
A bilateral treaty is a treaty strictly between two state parties. These two parties can be two states, or two international organizations, or one state and one international organization.It is similar to a contract, so it is called contractual 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. The application was dismissed by the Federal Court in January 2006.
Criminal trial
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 epithetEpithet
An epithet or byname is a descriptive term accompanying or occurring in place of a name and having entered common usage. It has various shades of meaning when applied to seemingly real or fictitious people, divinities, objects, and binomial nomenclature. It is also a descriptive title...
, The Melasti Three, were tried together, with the remaining six defendants tried separately.
In December 2005, it was reported that tensions were building between between the Bali Nine drug mules and Sukumaran and Chan. 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. However, the judges hearing the trial matters in Bali called for Australia not to intervene in Indonesia's right to impose capital punishment;. 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
Hassan Wirajuda
Nur Hassan Wirajuda was the foreign minister of Indonesia from 2001 to 2009. Her serves under presidencies of Megawati Sukarnoputri andSusilo Bambang Yudhoyono- Educations :...
that Australians should be prepared for members of the Bali Nine to receive a death sentence, if found guilty.
During his trial, Nguyen was accused of both recruiting members and financing the drug importation scheme. Czugaj, since convicted, stated that he travelled to Bali, with school friend Scott Rush, after Rush introduced him to Nguyen. Their reason for travel was that Nguyen offered them both a free holiday to Bali. When asked why he chose to travel to Bali on a paid holiday, Rush replied:
- "Basically we got the response that he (Nguyen) didn't have anyone to come to Bali with him".
Whilst Nguyen refused to testify; Czugaj confirmed Rush's account of events as being true.
Sentencing and appeal
During his final plea to judges, Nguyen said,- "I basically stand here before you to tell you that I love Indonesia and I would never intentionally damage or hurt her reputation. I only wanted to come here. If given a chance I would definitely recommend this holiday island to many friends and family. As the only and oldest son in the family I was the one who supported my four younger sisters, and I paid for the groceries and my sisters' education and school needs, so how could I possibly be the financier? The impact on my family has left them shattered and truly devastated, and our lives will never be the same again."
On 15 February 2006, Nguyen was sentenced to life imprisonment. 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."
Australian Prime Minister
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
John Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
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."
Appealing against the sentence, on 6 September 2006, his sentence was upgraded to the death penalty. On 5 March 2008, three judges in the Indonesian Supreme Court in Jakarta decided to spare the lives of Nguyen, Chen, and Norman.