Tan Duc Thanh Nguyen

{{Infobox criminal

| name = Thanh Nguyen

| image_name =

| image_caption = Tan Duc Thanh Nguyen

| birth_date = {{birth date|1983|10|30|df=yes}}

| birth_place = Palawan, Philippines

| death_date = {{death date and age|2018|5|9|1983|10|30|df=yes}}

| death_place = Jakarta, Indonesia

| alias = David Nguyen

| nationality = Vietnamese–Australian

| organization = Bali Nine

| criminal_charge =

| penalty = Life imprisonment

| conviction_status = Deceased

| conviction = Drug trafficking (2006)

| partners = {{bulleted list|Andrew Chan|Si Yi Chen|Michael Czugaj|Renae Lawrence|Matthew Norman|Scott Rush|Martin Stephens|Myuran Sukumaran}}

| imprisoned = Malang, East Java, Indonesia

| footnotes =}}

Tan Duc Thanh Nguyen ({{Langx|vi|Tân Đức Thanh Nguyễn}}; 30 October 1983 – 9 May 2018){{cite web |url=http://www.usp.com.au/fpss/case-bali9-tan-duc-thanh-nguyen.html|title=Tan Duc Thanh Nguyen Campaign Information |publisher=Foreign Prisoner Support Service|work=Save A Life|date=10 April 2007|accessdate=29 June 2011 }} was a Vietnamese–Australian citizen. He was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Nguyen was arrested in a room at the Melasti Hotel in Kuta, Bali together with three others. Police uncovered {{convert|334|g|abbr=on}} of heroin in a suitcase in the room. After a criminal trial, on 15 February 2006 Nguyen was sentenced to life imprisonment.{{cite news|url=http://www.abc.net.au/lateline/content/2006/s1570967.htm|title=Remaining Bali nine given life sentences|work=Lateline|publisher=Australian Broadcasting Corporation|format=transcript|date=15 February 2006 |accessdate=22 June 2011|author=Thompson, Geoff}} His appeal to the Indonesian Supreme Court to have the sentence reduced suffered a shock when the Supreme Court imposed the death penalty on 6 September 2006.{{cite news|url=http://www.theage.com.au/news/national/bali-nine-death-ruling-shock/2006/09/05/1157222131815.html?page=fullpage#contentSwap1|title=Execution shock for four of the Bali nine|work=The Age|date=6 September 2006|accessdate=22 June 2011|author=Forbes, Mark}}

A subsequent appeal to the Indonesian Supreme Court, following a full confession by Nguyen of his role in the plan to import heroin from Bali to Australia, resulted in the original sentence of life imprisonment being reinstated.{{cite news|url=http://www.theage.com.au/news/national/bali-three-spared-death-penalty/2008/03/06/1204402565563.html?page=fullpage#contentSwap1|title=Bali three spared death|work=The Age|date=6 March 2008|accessdate=22 June 2011|author=Forbes, Mark}} Some media reports claimed Nguyen was believed to be a financer of the smuggling plan.

An Indonesian justice ministry official announced on 5 June 2018 that Nguyen had died of stomach cancer on 9 May.{{cite web |url=https://www.theguardian.com/world/2018/jun/05/bali-nine-drug-smuggling-gang-member-nguyen-dies-in-prison |title=Member of Bali Nine drug smuggling gang dies in prison |newspaper=The Guardian |date=5 June 2018 |author=Agence France-Presse|accessdate= 5 June 2018}}

Trafficking conspiracy

Media reports based on the testimony of co-conspirator, Renae Lawrence, claim that Nguyen (going by the alias of David), from Wellington Point in Brisbane, Queensland, had arranged an earlier attempt at trafficking from Indonesia to Australia. This attempt in December 2004 involved Lawrence, Andrew Chan, Matthew Norman and others. The delivery was aborted when heroin suppliers failed to deliver "due to a financial matter or someone knowing about the plan the shipment was cancelled".{{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|accessdate=26 June 2011}}

Further media reports, again based on court testimonies, claim that Nguyen met Michael Czugaj and Scott Rush (both Brisbane school friends) in a pub in Fortitude Valley{{cite news|url=http://www.abc.net.au/7.30/content/2005/s1479026.htm|title=Bali Nine documents lay out alleged conspiracy|work=7.30 Report|publisher=Australian Broadcasting Corporation|date=10 October 2005|format=transcript|accessdate=29 June 2011|author=Palmer, Tim}} where Nguyen reportedly offered Rush and Czugaj an all-expenses-paid trip to Bali.{{cite news|url=http://www.theage.com.au/news/National/Ringleader-No-3-identified/2005/05/01/1114886254847.html |title='Ringleader' No. 3 identified|work=The Age|date=2 May 2005|accessdate=29 June 2011|author=Cornford, Philip }}

Arriving in Bali on or about 8 April 2005, Rush and Czugaj met co-ringleaders Myuran Sukumaran and Andrew Chan at the Hard Rock Hotel, and also Renae Lawrence and Martin Stephens. On 14 April, Norman, Si Yi Chen, Lawrence and Stephens checked into Adhi Dharma hotel in Bali, with Nguyen arriving in the same hotel two days later. In the evening of Sunday 17 April, acting like tourists, Nguyen, Norman, and Chen checked into the Melasti Hotel. Myuran Sukumaran, who was also with them, with his bags, left them with the others as he decided to go to the Hard Rock Hotel complex.{{cite news|url=http://www.theage.com.au/news/National/Busted-Aussies-acted-like-tourists/2005/04/19/1113854186847.html|title=Busted Aussies 'acted like tourists'|work=The Age|date=19 April 2005|accessdate=26 June 2011|agency=Australian Associated Press}}{{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|accessdate=26 June 2011|author=Cornford, Philip}}

All were later 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|accessdate=22 June 2011|author=Munro, Catherine}}

=Arrest in Indonesia=

Approximately 20 minutes after checking in, Nguyen was arrested at the Melasti Hotel in Kuta on 17 April 2005 with Matthew Norman, Myuran Sukumaran and Si Yi Chen. Indonesian police claim the group were in possession of {{convert|334|g|abbr=on}} of heroin and bundles of plastic wrapping, Elastoplast tape, and a set of scales, indicating involvement in a plan to transport drugs to Australia.

Earlier that day at Ngurah Rai International Airport in Denpasar, Indonesian police also arrested the following drug mules after they were found carrying various amounts of heroin concealed on their bodies. Martin Stephens was found to be carrying {{convert|3.3|kg|abbr=on}}; Renae Lawrence was found to be carrying {{convert|2.689|kg|abbr=on}}; Michael Czugaj was found to be carrying {{convert|1.75|kg|abbr=on}} and Scott Rush was found to be carrying {{convert|1.3|kg|abbr=on}} of heroin. Co-ringleader Andrew Chan was also arrested the same day while seated on an Australian Airlines flight waiting to depart Denpasar for Sydney. At the time of his arrest, Chan was carrying three mobile phones and a boarding pass. No drugs were found in his possession.

=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|accessdate=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|authorlink=Maxine McKew|work=7.30 Report|format=transcript|publisher=Australian Broadcasting Corporation|date=18 April 2005|accessdate=26 June 2011}}

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=The Sydney Morning Herald|date=18 April 2005 |accessdate=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|accessdate=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|accessdate=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|work=ABC News|publisher=Australian Broadcasting Corporation|date=7 October 2005 |accessdate=20 June 2011}} The application was dismissed by the Federal Court in January 2006.{{cn|date=April 2015}}

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 epithet, The Melasti Three, were tried together, with the remaining six defendants tried separately.

{{wikinews|Bali nine lawyer challenges police on legality of drug case}}

In December 2005, 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|accessdate=17 June 2011 }} Several days later, lawyers acting for some members of the Bali Nine initially sought the support of the 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 |work=ABC News|publisher=Australian Broadcasting Corporation|date=6 December 2005|accessdate=17 June 2011}} However, the judges hearing the trial matters in Bali called on Australia not to interfere in Indonesia's right to impose capital punishment;.{{cite news|title=Don't interfere: Bali Nine 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=The Sydney Morning Herald|accessdate=17 June 2011}} Lawyers acting for Stephens, one of the Bali Nine, 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|accessdate=21 June 2011}}

During his trial, Nguyen was accused of both recruiting members and financing the drug importation scheme. Czugaj, since convicted, stated that he travelled to Bali, with school friend Scott Rush, after Rush introduced him to Nguyen. Their reason for travel was that Nguyen offered them both a free holiday to Bali. When asked why he chose to travel to Bali on a paid holiday, Rush replied:

:"Basically we got the response that [Nguyen] didn't have anyone to come to Bali with him". Nguyen refused to testify; Czugaj confirmed Rush's account of events as being true.{{cite news|url=http://www.theage.com.au/news/World/Chan-threatened-to-kill-mules-families/2005/11/29/1133026449923.html|title=Chan threatened to kill mules: families|work=The Age|date=29 November 2005|accessdate=29 June 2011|agency=Australian Associated Press}}

=Sentencing and appeal=

During his final plea to judges, Nguyen said:{{citation needed|date=June 2011}}

{{quotation|"I basically stand here before you to tell you that I love Indonesia and I would never intentionally damage or hurt her reputation. I only wanted to come here. If given a chance I would definitely recommend this holiday island to many friends and family. As the only and oldest son in the family I was the one who supported my four younger sisters, and I paid for the groceries and my sisters' education and school needs, so how could I possibly be the financier? The impact on my family has left them shattered and truly devastated, and our lives will never be the same again."|Nguyen, quoted in his final plea prior to his sentencing, February 2006.}}

On 15 February 2006, Nguyen was sentenced to life imprisonment. Commenting on the sentences at the time, Australian Federal Police Commissioner Keelty stated:{{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=The Sydney Morning Herald|date=15 February 2006|accessdate=2 July 2011}}{{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:{{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."|Australian Prime Minister John Howard, February 2006.}}

Appealing against the sentence, on 6 September 2006, his sentence was upgraded to the death penalty. On 5 March 2008, three judges in the Indonesian Supreme Court in Jakarta decided to spare the lives of Nguyen, Chen, and Norman.

Prison life

After initially serving time in Bali's Kerobokan Prison, in 2014 Nguyen and Stephens 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|accessdate=18 January 2015}}

Death

Nguyen died from cancer on 9 May 2018 in a Jakarta hospital, aged 34, confirmed by the Department of Foreign Affairs and Trade.{{cite news|url=https://www.news.com.au/national/courts-law/bali-nine-drug-smuggler-tan-duc-thanh-nguyen-dies-in-prison-report/news-story/8a6e965df83e44949c75bd69f4df4c9e|title=Bali Nine drug smuggler Tan Duc Thanh Nguyen dies in prison|work=news.com.au|date=5 June 2018}}{{cite news |url=http://www.abc.net.au/news/2018-06-05/bali-nine-member-tan-duc-thanh-nguyen-dies-in-hospital/9837854 |title=Bali Nine member Tan Duc Thanh Nguyen dies in hospital in East Java |first=David |last=Lipson |date=5 June 2018 |work=ABC News |accessdate=5 June 2018}}