Bali boy could be free soon after trial


AAP

An Australian schoolboy facing drugs charges in Bali could be released almost immediately at the conclusion of his trial, with prosecutors considering a sentence request of “months” at the most.

Despite having filed an indictment that contains three charges, including one of possession which carries a maximum penalty of six years in prison for juveniles, it is expected prosecutors will ask the court to sentence the 14-year-old for “drug use”.

It is understood prosecutors will base their sentence request on article 127 of Indonesia’s narcotics laws, rather than the much harsher article 111 which relates to possession and carries the maximum six-year term.

The indictment, filed at the Denpasar District Court on Wednesday, also included a charge under article 128 which applies to people with a history of drug use and does not carry a jail term.

However, a senior source at the prosecutor’s office has told AAP that because the boy’s history of drug use is not recognised by Indonesian authorities, the charge under article 128 cannot be applied.

Prosecutors will instead base their sentence request on article 127, which carries a maximum penalty of four years in prison, but will only request a sentence in terms of “months, not years”, the source said.

This would means that with time already served taken into account, the NSW teenager could be released almost immediately after his trial, which will begin next week and is expected to conclude before the end of November.

The Year 9 student from Morisset Park near Newcastle has been in custody since his arrest on October 4 when he was caught with 3.6 grams of marijuana, which he has told police he bought from a street dealer in Kuta.

It would still be up to the judge to accept the sentence request.

The judge who will preside over the case, Amser Simanjuntak, has confirmed the trial will begin on Tuesday, when prosecutors will read out the indictment and a summary of evidence, as well as outline the charges listed in the indictment.

The teenager’s lawyer will then respond.

Prosecutors are expected to deliver their sentence request on the second day of the trial, to which the defence will also be given an opportunity to respond.

Mr Simanjuntak has also confirmed the trial will be held in a closed court.

It’s expected that prosecutors, lawyers and even the judge will wear casual attire, instead of their robes, to make the legal process less intimidating for the teenager.

The teenager is expected to remain in custody at an immigration detention centre at Jimbaran, which is about an hour’s drive from Denpasar, during the trial period.

He was moved from the Denpasar police headquarters to the more comfortable confines at Jimbaran on Saturday after senior officials in Jakarta, including Indonesia’s Minister for Law and Human Rights Amir Syamsuddin, became involved in the case.

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