There is hope the Government can secure a prison transfer for a Whanganui man who has now spent 10 years in a Bali prison after falling victim to a romance scam.
Antony de Malmanche, 53, was arrested in December 2014 after travelling to
10 years on: Hope for prisoner transfer for Whanganui man Antony de Malmanche from harsh Bali prison
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Convicted drugs smuggler Antony de Malmanche with his son Shaun de Malmanche after he was sentence in Bali. Photo / AP
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“It would be a one-off situation essentially because there is no prisoner transfer agreement between our countries.”
MFAT did not comment on de Malmanche’s situation, citing privacy reasons.
“We are aware that some countries do have prison transfer arrangements in place.
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“A key element in those arrangements is the requirement for individuals to serve the remainder of their sentence in prisons in their home country.”
Tuck said when he last saw de Malmanche, about a month ago, he was struggling with deteriorating mental and physical health in the harsh and cramped conditions of Bali’s Kerobokan Prison.
The lock-up and sleep conditions in the prison are brutal due to the sweltering humidity. De Malmanche suffers from serious health issues such as angina and chronic obstructive pulmonary disorder – a lung disease that blocks airflow.
He was dealing with anxiety and depression and “just surviving” in the prison environment.
Antony’s son Shaun de Malmanche, who lives in Palmerston North, last saw his father in 2018. He said his father’s deteriorating condition was a constant source of stress and worry.
“It’s a feeling of having failed him but it’s a complex feeling because he didn’t get a death sentence so we’re grateful for that.
“He’s lost all of his teeth and a hell of a lot of weight. He’s down to 50kg now.
“He’s getting older now and we just want to get him home.”
Shaun de Malmanche said the brutal executions of two of the Bali Nine members highlighted the danger for international prisoners.
“I’m trying to keep hope, that’s always been the key ... you’ve got to have hope or else what point is there?”
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What makes securing a prisoner transfer difficult for NZ?
Tuck said it could become complex for Governments to work through prisoner transfers as they were considering relationships, other citizens in trouble and the “big picture between nation states”.
“Most governments do not want to interfere in another nation state’s criminal justice system.”
Having overseen international criminal cases across the world, Tuck recognised the difficulty in securing diplomatic intervention for prisoners.
“It would be fair to say that a lot of times it’s quite arbitrary and subjective depending on the relationships between the countries and who you’re dealing with within the government departments.”
MFAT said it had provided de Malmanche with consular assistance since his arrest 10 years ago.
Under New Zealand law, it is not possible for an individual imprisoned overseas to return to New Zealand to serve their sentence.
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MFAT was not aware of “any consideration being given to changing this long-standing approach”, the department said.
Tuck said securing a prisoner transfer for de Malmanche would require the New Zealand Government to initiate negotiations, “otherwise the justice department in Indonesia won’t take any action”.
“I think it would be very favourably received by the Indonesians, and that’s because I’ve met with prison management and worked with lawyers who work closely with others in Jakarta,” Tuck said.
“The Indonesians are indifferent as to whether they keep him in custody or not, that would be my impression.”
Shaun de Malmanche said he wanted his father to be able to see his grandchildren for the first time in 10 years, and to spend the last of his days free.
He is hopeful the New Zealand Government will step in to secure de Malmanche’s transfer, just as the Australian Government was doing for its Bali Nine prisoners.
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Tuck said de Malmanche was not asking for much: “He just wants to come back to Whanganui and go fishing and live the rest of his life.”
A petition for de Malmanche’s return has been organised by his son Shaun de Malmanche and can be found at change.org/p/bring-home-tony-de-malmanche.
Eva de Jong is a reporter for the Whanganui Chronicle covering health stories and general news. She began as a reporter in 2023.
