Martin Stephens (drug smuggler)

{{Short description|Australian drug trafficker}}

{{Use dmy dates|date=July 2020}}

{{Use Australian English|date=March 2018}}

{{Infobox criminal

| name = Martin Stephens

| birth_name = Martin Eric Stephens

| birth_date = {{Birth-date and age|1976}}

| birth_place = New South Wales, Australia

| death_date =

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| nationality = Australian

| occupation = Bartender

| known_for =

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| criminal_charge =

| penalty = Life imprisonment

| conviction_status = Released

| spouse =

| children =

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| motive =

| conviction = Drug trafficking (2006)

| reward_amount =

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| wanted_by =

| partners = {{bulleted list|Andrew Chan|Si Yi Chen|Michael Czugaj|Tan Duc Thanh Nguyen|Matthew Norman|Renae Lawrence|Scott Rush|Myuran Sukumaran}}

| wanted_since =

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| imprisoned = Malang, East Java, Indonesia

| footnotes =

}}

Martin Eric Stephens (born 1976){{cite web | url =http://www.usp.com.au/fpss/case-bali9-martin-stephens.html | title = Martin Stephens Campaign Information | publisher = Foreign Prisoner Support Service | work = Save A Life | date = 10 April 2007 | access-date =22 June 2011 }} is an Australian former bartender who was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, on his first trip to Bali, Stephens was arrested at Ngurah Rai International Airport in Denpasar with {{convert|3.3|kg|abbr=on}} of heroin taped to his chest and concealed under his clothing. After a criminal trial, on 14 February 2006 Stephens was sentenced to life imprisonment. His appeal to the Indonesian Supreme Court to have the sentence reduced to 10 years was rejected in January 2011.{{cite news |url=http://www.news.com.au/world/bali-nine-drug-mules-sentence-upheld/story-e6frfkyi-1225987650737 |title=Bali Nine Martin Stephens' sentence upheld | work=The Daily Telegraph|agency=AAP | date = 14 January 2011 | access-date =21 June 2011 }}

Alleged trafficking conspiracy

Stephens, from Towradgi, a suburb of Wollongong, New South Wales, was employed at Eurest, a catering company, where he met Renae Lawrence, Matthew Norman, and his supervisor, Andrew Chan. All four would later be convicted of drug trafficking as fellow members of the Bali Nine.{{cite news |url=http://www.smh.com.au/news/World/How-Renae-lost-her-way-and-landed-on-death-row/2005/04/23/1114152364809.html |title=How Renae lost her way and landed on death row |work=The Sun-Herald|date=24 April 2005 |access-date=22 June 2011 |author=Munro, Catherine }}

According to media reports based on the testimony of Renae Lawrence, acting under the instructions of Andrew Chan, Stephens and Lawrence departed Australia on 6 April 2005. The day before, Stephens, Lawrence, and Si Yi Chen met with Myuran Sukumaran where police allege drug smuggling tools such as sealable plastic bags, medical tape, elastic waist bands and skin tight bike shorts were stuffed into the bags of Stephens and Lawrence. Lawrence claimed she was given cash; whilst Stephens claimed that his life was threatened.{{cite news |url=http://www.abc.net.au/7.30/content/2005/s1479026.htm |title=Bali 9 documents lay out alleged conspiracy |work=7.30 Report |publisher=Australian Broadcasting Corporation |format=transcript |date=10 October 2005 |access-date=26 June 2011 |author=Palmer, Tim |archive-url=https://web.archive.org/web/20100419094545/http://www.abc.net.au/7.30/content/2005/s1479026.htm |archive-date=19 April 2010 |url-status=dead }} Media reports claim that police records show that whilst in Bali, Lawrence was in daily contact with Chan until 13 April, when Chan changed his mobile phone number. On the same day, he instructed Stephens and Lawrence, staying at the Kuta Laguna, to change hotels. Together with Chen and Norman, Stephens and Lawrence checked into the Adhi Dharma hotel on 14 April. Indonesian police were in an adjacent room in the same hotel. Nguyen arrived on 16 April, and booked into the same hotel.{{cite news |url=http://www.theage.com.au/news/National/How-the-trap-snapped-shut/2005/04/22/1114152321560.html |title=How the trap snapped shut |work=The Age|date=23 April 2005 |access-date=26 June 2011 |author=Cornford, Philip }} The original planned departure date of 14 April from Bali was delayed{{cite news |url=http://www.theage.com.au/articles/2005/11/18/1132016987717.html?page=fullpage |title=A crooked trail of greed and naivety|work=The Age|date=19 November 2005 |author1=McMahon, Neil |author2=Forbes, Mark |access-date=26 June 2011 }} as Chan suspected Australian and Indonesian police were aware of his plans.

On 17 April, Chen, Norman, and Nguyen checked out of the Adhi Dharma hotel, leaving Stephens and Lawrence in the hotel until they departed for the airport.

=Arrest in Indonesia=

Stephens was arrested by Indonesian police on 17 April 2005 at Ngurah Rai International Airport in Denpasar, Bali. Heroin weighing {{convert|3.3|kg|abbr=on}} was discovered strapped to his legs and chest, concealed underneath his clothing. Scott Rush, Michael Czugaj and Lawrence were arrested at the same time as Stephens. On 20 April 2005, graphic footage of the arrests and subsequent police questioning of Stephens and other members of the Bali Nine was aired on Australian television.{{cite news |url=http://www.smh.com.au/news/World/Graphic-footage-of-alleged-traffickers-police-interview/2005/04/20/1113854255983.html |title=Graphic footage of alleged traffickers' police interview |work=Sydney Morning Herald|date=20 April 2005 |access-date=26 June 2011 |agency=Australian Associated Press }}

On the same day that Stephens was arrested, Indonesian police also arrested Si Yi Chen, Tan Duc Thanh Nguyen, Myuran Sukumaran and Matthew Norman at the Melasti Hotel in Kuta. Alleged co-ringleader, Andrew Chan was also arrested the same day whilst seated on an Australian Airlines flight waiting to depart Denpasar for Sydney. At the time Chan was arrested, he was carrying three mobile phones and a boarding pass. No drugs were found in his possession.

At the time of the arrest, it was reported that Stephens, speaking with Lawrence, was recorded as saying "Should we dob them in?"

Lawrence replied:{{cite news|url=http://sixtyminutes.ninemsn.com.au/stories/richardcarleton/259280/the-bali-connection|title=The Bali connection|format=transcript|date=8 May 2005|last=Carleton|first=Richard|author-link=Richard Carleton|work=60 Minutes|publisher=Nine Network|access-date=25 June 2011|url-status=dead|archive-url=https://web.archive.org/web/20120320063253/http://sixtyminutes.ninemsn.com.au/stories/richardcarleton/259280/the-bali-connection|archive-date=20 March 2012}}{{cite news |url=http://www.abc.net.au/7.30/content/2005/s1349968.htm |title=Police release incriminating footage of drug bust|work=7.30 Report|author=Lloyd, Peter|publisher=ABC TV|date=20 April 2005|access-date=2 July 2011|format=transcript}}

{{quotation|"By dobbing some other **** I'm not killing my family. And what's the point anyway, because if we dob them in, right, we dob them in, they kill our family and then we're dead anyway. So, you know, why... Don't tell them and they'll just kill us instead and leave our families alone."|Renae Lawrence, quoted on ABC TV's 7.30 Report, April 2005.}}

=Criticism of Australian Federal Police tipoff=

Lee Rush, the father of Scott Rush, a fellow member of the Bali Nine, said that he contacted the Australian Federal Police (AFP) prior to the commission of the offence, fearing his son was travelling to Bali and would commit a drug-related crime. Rush senior claims then to have received assurances from the AFP that they would tell his son he was under surveillance to dissuade him from going through with the crime before the group's departure from Indonesia. Scott Rush's lawyers said he was never contacted. It was revealed that the AFP alerted Indonesian police that a crime was to be committed approximately two weeks before the arrests, and had commenced an investigation about ten weeks prior to the arrests.{{cite news |date=27 August 2010 |access-date=25 June 2011 |url=http://www.theaustralian.com.au/news/features/how-the-afp-trapped-the-bali-nine/story-e6frg6z6-1225910600831 |title=How the AFP trapped the Bali Nine |author=Neighbour, Sally |work=The Australian |publisher=News Limited }}{{cite news |url=http://www.abc.net.au/7.30/content/2005/s1348038.htm |title=9 Australians caught in Bali drug bust |author=McKew, Maxine |author-link=Maxine McKew |work=7.30 Report |format=transcript |publisher=Australian Broadcasting Corporation |date=18 April 2005 |access-date=26 June 2011 |archive-url=https://web.archive.org/web/20121113031422/http://www.abc.net.au/7.30/content/2005/s1348038.htm |archive-date=13 November 2012 |url-status=dead }} When the Bali Nine were arrested, the news of the tipoff became public{{cite news |url=http://www.smh.com.au/news/World/AFP-knew-of-drug-plan-for-10-weeks/2005/04/18/1113676698408.html?from=moreStories |title=AFP knew of drug plan for 10 weeks |work=Sydney Morning Herald|date=18 April 2005 |access-date=26 June 2011 |agency=Australian Associated Press }} and there was criticism of the role of the AFP in protecting the interests of Australian citizens.{{cite news |url=http://www.theage.com.au/articles/2005/04/20/1113854204539.html |title=Sydney or bust? |work=The Age |date=20 April 2005 |access-date=26 June 2011 |author1=Munro, Ian |author2=Shiel, Fergus }} Commenting on the matter at the time, AFP Commissioner Mick Keelty was reported as saying:{{cite journal |url=http://www.themonthly.com.au/monthly-essays-daniel-hoare-australian-exceptionalism-bali-nine-and-future-death-penalty-573 |title=Australian Exceptionalism: The Bali Nine and the future of the death penalty |author=Hoare, Daniel |journal=The Monthly |publisher=Black Inc. |date=July 2007 |access-date=25 June 2011 }}

{{quotation|"One of the things we've got to remember is that we operate within our criminal-justice system here in Australia, and if we only co-operated with countries that had the same criminal-justice system, then our co-operation wouldn't extend very far beyond Australia. We have to work with the systems that operate in other countries, and to a large degree this has been successful, certainly in terms of heroin trafficking."|Australian Federal Police Commissioner Mick Keelty, quoted in The Monthly, July 2007.}}

Rush took action in the Federal Court of Australia against the AFP for breach of the bilateral treaty between Indonesia and Australia when information was handed by the AFP to the Indonesians. Rush's case claimed that such information should only be released by the Attorney-General. However, the Commonwealth Government maintained that the treaty only applies after a suspect is charged.{{cite news |url= http://www.abc.net.au/news/newsitems/200510/s1476985.htm |title= Bali drug accused allege AFP breach |publisher= Australian Broadcasting Corporation |date= 7 October 2005 |access-date= 20 June 2011 |archive-url= https://web.archive.org/web/20110514013321/http://www.abc.net.au/news/newsitems/200510/s1476985.htm |archive-date= 14 May 2011 |url-status= dead |df= dmy-all }} The application was dismissed by the Federal Court in January 2006.

Criminal trial

Criminal trials for the accused commenced in the Denpasar District Court on 11 October 2005. Chen, Nguyen, and Norman, all arrested at the Melasti Hotel and earning the numeric epithet, The Melasti Three, were tried together, with the remaining six defendants tried separately.{{citation needed|date=December 2011}}

In December 2005, as the trials began, it was reported that tensions were building between the Bali Nine drug mules and Sukumaran and Chan.{{cite news|title=Bali Nine brought together in court|date=2 December 2005|agency=Australian Associated Press|url=http://www.theage.com.au/news/World/Bali-Nine-brought-together-in-court/2005/12/02/1133422102381.html|work=The Age|access-date=17 June 2011 }} Several days later, lawyers acting for some members of the Bali Nine initially sought the support of the Australian Director of Public Prosecutions to intervene and lay charges for conspiracy to import drugs, so that the nine could be extradited and charged under Australian law.{{cite news |url=http://www.abc.net.au/news/newsitems/200512/s1524678.htm |title=Lawyers seek charges to extradite Bali nine |publisher=ABC News |date=6 December 2005 |access-date=17 June 2011 |archive-url=https://web.archive.org/web/20100627150754/http://www.abc.net.au/news/newsitems/200512/s1524678.htm |archive-date=27 June 2010 |url-status=dead }} However, the judges hearing the trial matters in Bali called for Australia not to intervene in Indonesia's right to impose capital punishment;.{{cite news|title=Don't interfere: Bali 9 judges|date=7 December 2005|agency=Australian Associated Press |url=http://www.smh.com.au/news/world/dont-interfere-bali-9-judges/2005/12/07/1133829643422.html|work=Sydney Morning Herald|access-date=17 June 2011}} Lawyers acting for Stephens claimed that the fairness of his trial was in jeopardy following comments made in the media by Indonesian Foreign Minister Hassan Wirajuda that Australians should be prepared for members of the Bali Nine to receive a death sentence, if found guilty.{{cite news|url=http://www.theage.com.au/news/world/fairness-of-bali-nine-trial-at-risk-laywers/2005/12/07/1133829619599.html|title=Fairness of Bali Nine trial in jeopardy, say lawyers|agency=Australian Associated Press|work=The Age|date=7 December 2005|access-date =21 June 2011 }}

During his trial, Stephens claims he was forced by Chan to travel to Bali and proceed with the smuggling. Stephens claims that Chan showed him photographs of his family going about their daily lives, and saying they would be killed if he did not cooperate, saying:{{cite news |url=http://www.theage.com.au/news/National/I-had-no-choice-accused/2005/04/23/1114152361938.html |title=I had no choice: accused |work =The Age|date=24 April 2005 |access-date=21 June 2011 |author=Murdoch, Lindsay }}

{{quotation|"They threatened me. They threatened my family, my friends, my love – my girlfriend… They showed me pictures."|Stephens, quoted during his trial, reported in April 2005.}}

Adnan Wirawan, Stephens' lawyer, claimed that his client has been unfairly accused as the ring leader of the alleged conspiracy. "He's a human suitcase... he was being told what to do."{{citation needed|date=June 2011}} During legal proceedings, Czugaj and Rush, fellow members of the Bali Nine who have since been convicted of drug trafficking, testified that they had never met Stephens or Lawrence until they were all arrested on 17 April 2005.{{citation needed|date=December 2011}}

=Sentencing and appeal=

Sentences for the majority of the Bali Nine were handed down on 13 February 2006 and 14 February 2006. As Stephens' sentence was about to be handed down, his mother Michelle, speaking from Bali, was reported as saying:{{cite news |url=http://www.smh.com.au/news/world/dday-for-bali-nine-but-lawrence-is-smiling/2006/02/12/1139679479138.html?page=fullpage#contentSwap1 |title=D-Day for the Bali nine |work=Sydney Morning Herald|date=13 February 2006 |access-date=21 June 2011 |author1=McMahon, Neil |author2=Forbes, Mark }}{{cite news |url=http://www.theage.com.au/news/national/embassy-team-to-monitor-verdicts-for-bali-nine/2006/02/10/1139542406318.html | title=Embassy team to monitor verdicts for Bali nine |work=The Age|date=11 February 2006 |access-date=21 June 2011 |author1=McMahon, Neil |author2=Forbes, Mark }}

{{quotation|"...faith gave them strength, and asked Australians to think before they judged [her] son."|Michelle Stephens, mother of Martin Stephens, prior to his sentencing, February 2006.}}

On 14 February 2006, Stephens was sentenced to life imprisonment.{{cite news |url=http://www.smh.com.au/news/world/death-by-firing-squad/2006/02/14/1139890737078.html |title=Death by firing squad |author2=McMahon, Neil |author1=Forbes, Mark |author3=Dodson, Louise |work=Sydney Morning Herald|date=15 February 2006 |access-date=2 July 2011 }}

Commenting on the sentences at the time, Australian Federal Police Commissioner Keelty stated:

{{quotation|"I stand by the police and what they've done … The Federal Court actually made a decision saying not only had they acted lawfully but they acted in accordance with government policy."|AFP Commissioner Mick Keelty, quoted in The Sydney Morning Herald, 15 February 2006.}}

The Australian Prime Minister John Howard was reported as commenting:{{cite news |url=http://www.abc.net.au/lateline/content/2006/s1570025.htm |title=Judges sentence Chan, Sukumaran to death |format=transcript |work=Lateline |location=Australia |date=14 February 2006 |access-date=2 July 2011 |author=Thompson, Geoff }}

{{quotation|"The police are there to protect us from the ravages of drugs and I just hope that every young Australian who might in their wildest imagination think that they can get away with this will take a lesson from this." ...... "I feel desperately sorry for the parents of these people. I do. All of us as parents will feel that way, but the warnings have been there for decades."|Australian Prime Minister John Howard, February 2006.}}

As verdicts and sentences were handed down in the trials of the Bali Nine, additional arrests were made in Australia.{{cite news |url=http://www.smh.com.au/news/national/bali-nine-organiser-arrested/2006/02/13/1139679499708.html |work=Sydney Morning Herald|title=Bali nine 'organiser' arrested |agency=Australian Associated Press |date=13 February 2006 |access-date=21 June 2011}}

Stephens, along with eight other members of the Bali Nine, appealed the severity of their sentence. On 26 April 2006, the Indonesian Supreme Court reduced the life imprisonment sentences to 20-years for each of Lawrence, Nguyen, Chen, Czugaj and Norman, all arrested at Melasti Hotel in Kuta.{{cite news | url=http://www.abc.net.au/worldtoday/content/2006/s1625269.htm |work=The World Today |publisher=Australian Broadcasting Corporation |title=Four of the Bali Nine have their sentences reduced |date=27 April 2006 |access-date=21 June 2011}} Stephens' appeal was upheld.

Prison life

In December 2009, Stephens announced he planned to marry Christine Winarni Puspayanti, an Indonesian woman he met at Kerobokan Prison.{{cite news |url=http://www.smh.com.au/news/world/bali-nines-stephens-plans-jail-wedding/2006/12/20/1166290608264.html |title=Bali Nine's Stephens plans jail wedding |work=Sydney Morning Herald|date=20 December 2006 }} Stephens met Puspayanti months after his arrest while she was visiting the prison as a part of a church group; and they married in a traditional Indonesian-style wedding in April 2011.{{cite news |url=http://www.theaustralian.com.au/news/nation/prison-blues-forgotten-amid-martin-stephens-bali-nine-nuptials/story-e6frg6nf-1226037460481 |title=Prison blues forgotten amid Martin Stephens' Bali Nine nuptials |work=The Australian |publisher=News Limited |author=Cassrels, Deborah |date=12 April 2011 |access-date=21 June 2011 }}{{cite news |url=http://www.smh.com.au/national/the-diary/big-day-for-a-prison-wedding-20110411-1db64.html | work =Sydney Morning Herald|title=Big day for a prison wedding |author1=Buchanan, Matt |author2=Olding, Rachel |date=12 April 2011 |access-date=21 June 2011}}

In 2014, Stephens and Nguyen were transferred to a prison in Malang, East Java when it was reported that they had violated prison rules.{{cite news|url=http://www.news.com.au/national/bali-nine-duo-moved-from-kerobokan-jail-after-violating-rules/story-fncynjr2-1226866757919|title=Bali Nine duo moved from Kerobokan jail after 'violating rules'|work=news.com.au|date=27 March 2014|access-date=18 January 2015}}

On 15 December 2024, Stephens and the other four remaining members of the Bali Nine arrived back in Australia on a commercial flight.{{cite web|url=https://www.abc.net.au/news/2024-12-15/bali-nine-members-return-australia-drug-plot/104728110|title=Remaining Bali Nine members return to Australia after 20 years in Indonesian prison|publisher=ABC News (Australian Broadcasting Corporation)|first=Jake|last=Evans|date=15 December 2024|accessdate=15 December 2024}} He will not be required to serve any further prison time in the country.{{cite web|url=https://www.news.com.au/national/crime/remaining-members-of-notorious-bali-nine-arrive-in-australia/news-story/5df1ec36f17e8eeeb55a8eceb44f293c|title=Remaining members of notorious Bali Nine arrive in Australia|publisher=news.com.au|first=Jessica|last=Wang|date=15 December 2024|accessdate=15 December 2024|quote=The five men will not face future imprisonment in Australia.}}

See also

References