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Home / Bay of Plenty Times

Duping defence could affect others

Kiri Gillespie
By Kiri Gillespie, Bevan Hurley
Assistant News Director and Multimedia Journalist·Bay of Plenty Times·
18 Jan, 2015 07:30 PM3 mins to read

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Antony de Malmanche, facing drug smuggling charges in Bali, gets a visit from his lawyer Craig Tuck. PHOTO/SUPPLIED

Antony de Malmanche, facing drug smuggling charges in Bali, gets a visit from his lawyer Craig Tuck. PHOTO/SUPPLIED

The Tauranga lawyer fighting for the life of a New Zealand man accused of smuggling drugs into Bali has been joined by another Bay solicitor in the case that could have global implications.

Mount Maunganui lawyer Ben Ron joins human rights lawyer Craig Tuck in defending Whanganui man Antony de Malmanche as he faces the death penalty for allegedly smuggling 1.7kg of crystal methamphetamine into Indonesia.

De Malmanche, 52, faces a firing squad if Mr Tuck and his team are unsuccessful in arguing de Malmanche's defence.

Mr Tuck claims de Malmanche had been not only a blind mule, but a trafficked mule, unaware he was carrying drugs and duped into doing so by a sophisticated international drug smuggling ring.

De Malmanche was arrested at Denpasar International Airport in December after travelling to Hong Kong to meet an online girlfriend named "Jesse".

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In a legal first, the defence team will claim he was a "trafficked person", which they say could have huge implications for other drug traffickers manipulated by criminal cartels.

Mr Tuck said de Malmanche had a history of mental illness and had spent more than three years in institutional care at a young age.

Explaining how the ruse transpired, Mr Tuck said de Malmanche had developed a strong Christian faith and was trying to meet someone to share his life with.

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He began an "intense" online three-month relationship with Jesse, who bought a passport and plane ticket for him to visit her in Hong Kong. It was his first overseas trip.

Mr Tuck said Jesse's "personal assistant", an African man named Larry, helped de Malmanche obtain a passport.

On arriving in Hong Kong, his suitcase had fallen apart.

He was contacted by Larry, who three days later told him to catch a bus to the city of Guangzhou on the Chinese mainland where Jesse would meet him.

Discover more

Editorial: Case to probe Kiwi's plight

22 Jan 08:00 PM

Mr Tuck said de Malmanche met Larry for the first time in Guangzhou. He soon became completely dependent on Larry in the "overwhelming" city, the third largest in China. Larry then told him Jesse was having visa problems and would instead meet him in Bali.

He said the men returned to Hong Kong and visited a market, where Larry reportedly bought a bag for de Malmanche and packed it in his luggage.

De Malmanche was arrested and detained by Customs and police for three days before being paraded before the Indonesian media.

"Police disclosed that Tony was caught as part of an international sting involving a highly organised and sophisticated multinational criminal drug cartel," Tuck said.

De Malmanche's legal team would now try to convince the three Indonesian judges at his trial that he was a victim rather than a perpetrator of trafficking.

Mr Tuck said the case had global implications and if successful, could spell a major shift in drug-trafficking cases worldwide. The trial is likely to start next February.

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Mr Tuck will lead a team including senior Indonesian human rights lawyers, two legal professors and Mr Ron. They have hired investigators who are trying to find the cartel's ringleaders, who they believe span Africa, Asia and the Pacific.

There was a stark reminder of the ruthlessness of Indonesian authorities toward drug traffickers this week when a judge ruled two Australian men convicted there over the "Bali Nine" drugs case would be executed at the same time.

De Malmanche is one of several New Zealanders facing drug-trafficking charges overseas. Peter Gardner was arrested in China in November, allegedly with 30kg of methamphetamine in his luggage.

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