Sat, 19 Feb 2005

Australian yachtsman gets three month sentence

Wahyoe Boediwardhana, The Jakarta Post/Denpasar

Australian yachtsman Christopher Packer has been sentenced to three months jail by the Denpasar District Court on Friday for his failure to declare six firearms to local port authorities.

With this verdict, it means that the wealthy 52-year-old adventurer, who has been in custody since Nov. 20 last year, will be freed in two days time. On Sunday, Packer will be released from Kerobokan penitentiary.

The court found that the first charge by prosecutor Putu Indriati, that the Australian violated article 1 of Law 12/Emergency/1951 on firearms possession, was not proved. But he was found guilty under article 10 and 14 of a 1936 Law on firearms possession, for intentionally not reporting firearms to Benoa port authorities.

The verdict was three months less than that demanded by the prosecutor.

"I'll study the court's decision," said Putu Indriati after the trial. She was given seven days to appeal.

Packer seemed happy with the decision.

"I feel much better now. I'll start over again. The first thing I'll do is to spend more time sleeping," Packer said after the trial.

Packer's lawyer, M. Rifan, said his client accepted the decision and would not appeal.

He said that if the prosecutor did not challenge the verdict, then Packer walk free and all evidence confiscated by the police would be returned.

"This (case) is only one of many violations by foreigners. My client should have complied with Indonesian law. But one thing is certain, he did not do it intentionally," Rifan said.

Packer was arrested by Bali water police who boarded his yacht MV Lissa in waters off Benoa on Nov. 19 last year, apparently acting upon a tip off from a disgruntled ex-crew member about the existence of firearms and drugs on the vessel.

After a thorough search, the police found six unreported firearms and 2,784 bullets of various calibers. The firearms comprised two 12 gauge shotguns, two rifles, a .357 revolver and a 9 mm Glock pistol.

Packer, who once won the prestigious Sydney to Hobart Yacht Race and has sailed as far as South America, earlier stated that the firearms were mainly for self-protection and sport, arguing that Indonesian waters, particularly the Strait of Malacca, Lombok Strait and Bangka Strait, were infested with pirates.

Rifan said his client, who was in the early stage of what was expected to be a voyage around the world, was not familiar with local regulations and policies on firearms possession in Indonesia.

According to the authorities, the yacht left Australia on Sept. 14 last year and stopped at several places, including the East Nusa Tenggara town of Kupang, before heading to Benoa.

The yacht, which anchored at Serang island from Nov. 12 to Nov. 19, was planning to continue its trip to Nusa Penida and several other islands before heading to Malaysia, Thailand, South Asia, Africa and Europe.