Term Should Be Reduced: Lawyer

Illawarra Mercury

Saturday May 13, 2006

By MICHELE TYDD

MARTIN Stephens' lawyer knows there are difficulties ahead in Bali's Supreme Court when he argues his client's second and final appeal against a life sentence.

The process, once filed, will take about 50 days and Wirawan Adnan expects a decision about September.

"The court consists of a panel of three judges who are renowned for their anti-drug sentiment," he said.

But he has a strong bargaining chip in that Stephens' five co-accused have had their life sentences reduced to 20 years.

Last month, the Indonesian High Court reduced to 20 years the life sentences for fellow smugglers Michael Czugaj and Renae Lawrence, and the so-called Melasti Hotel three Tan Duc Thanh Nguyen, Si Yi Chen and Matthew Norman.

"That was before a different appeal judge to Martin's so my argument will rest on discrimination," Mr Adnan said. "It is a solid argument because Martin's involvement was no more or less than the others."

Mr Adnan said he could offer no explanation for the different results in the first appeal between Stephens and five co-accused.

"The sentencing court assigns the judges and Martin got the judge who was much tougher on drugs," he said.

"I was shocked by the result and Martin was stunned.

"He kept saying 'go back and check again' because he just couldn't believe it."

Mr Adnan said he is, however, reasonably confident of success in the Supreme Court.

"I've given the family more than a 60 per cent chance of a win and I stand by that."

Mr Adnan said he had grown to like and respect his client in the past year.

"I've had 20 years in criminal law and Martin does not fit the typical drug dealer image.

"He is a likeable person who you would not expect to involve himself in trouble like this.

"That is why I believe he was used ... and he would be easily used because he is so trusting."

Mr Adnan said although he has tried to remain emotionally uninvolved, he has put himself forward as not only a lawyer but a friend.

"Martin's family has been there to support him and me every step of the way, but they cannot be here all the time and Martin needs friends."

© 2006 Illawarra Mercury

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