Bali drugs case a unique legal challenge

VISIT: Antony de Malmanche, facing drug smuggling charges in Bali, with lawyer Craig Tuck.PHOTO/FILE TUCK1.JPG

Antony de Malmanche's case has the potential to "change the legal landscape", says his lawyer.

Craig Tuck returned from Bali on Sunday where he has been working on the defence case for the Wanganui man accused of drug smuggling.

The case has attracted international legal interest given the team's unique defence of de Malmanche being a trafficked person not a trafficker.

A team of about 10 - including a British QC, Indonesian lawyers and human rights experts - are working on the case.

"If we're successful, this will change the legal landscape all over the planet," Tauranga-based Mr Tuck said.

"We've got a good case ... it's got potential to to be one of the cases that really makes a difference."

De Malmanche was arrested in December at Bali's Denpasar International Airport and charged with carrying 1.7kg of methamphetamine in his backpack. He had travelled to Hong Kong to meet his internet girlfriend "Jessie" before flying to Bali, and his supporters argue he was duped.

While Mr Tuck and documentary maker and family media liaison James Bellamy were visiting de Malmanche in Kerokoban prison, Bali Nine pair Andrew Chan and Myuran Sukumaran were moved from the prison to "execution island", Nusa Kambangan. They are due to be executed for drug smuggling and the same fate could await de Malmanche.

Mr Bellamy described the situation as intense.

"For Antony, it's very tough being there and seeing this playing out and knowing that it could be him.

"Defence counsel have been very supportive and told him 'Don't put your case in the same basket as the Bali Nine, your case is very different'."

Mr Bellamy said the Kiwi had had support from Chan inside Kerokoban in recent weeks.

"He was acting as Antony's pastor inside Kerokoban. Antony was a practising Christian before he was arrested, and he's continued to practise inside," Mr Bellamy said.

"He's a brave man and he's just taking things day by day."

Mr Tuck said the case was in the pre-trial phase, with the indictment read last week, and he expects the prosecution to begin in a few weeks.

The legal team are still trying to get proper translation and are also recording all court proceedings to get their own translation done as a safeguard.

"We've had all sorts of assistance, all of it pro bono - but even though people provide their time for free, there's a massive cost to facilitate it," Mr Tuck said.

"We're giving him a $2 million defence on a shoestring budget."

Mr Bellamy, who is making a documentary about the case called Til Death Do Us Part, which has had nearly $200,000 New Zealand On Air funding, said de Malmanche was "holding up pretty well".

Just over $17,000 has been raised from the community, including from a church garage sale last month.

Mr Bellamy said that after contributions from the family about $70,000 was still needed of the estimated $120,000 legal bill.

A fundraising concert is being held in Palmerston North this Saturday at The Royal from 8pm.