HUMAN RIGHTS ALLIANCE MEDIA RELEASE July 24th 2011HADI KURNIAWAN - born in 1995, 16 years old, is still languishing in Australian Adult Prison - HAKEA PRISON, Western Australia In recent weeks three Sinhalese whom I campaigned for and visited while incarcerated in HAKEA Prison have been released after 15, 11, 10 months in prison.
Indonesian minors, aged 15 and 16, three of them, have been released from ARTHUR GORRIE Prison in Brisbane. Others in Brisbane and Melbourne have been bailed out. Lawyers representing another minor have served a writ in the Perth Supreme Court asking the Commonwealth to prove his age beyond reasonable doubt. Similarly in Sydney.
In lieu of the extensive and high profile media coverage that included journalists' investigations through Indonesia, visits to family in Indonesia, and in lieu of the widespread coverage by Steve Pennells of The West Australian newspaper for more than two weeks, and Steve securing an Indonesian Police clearance for Hadi with a date of birth in 1995, and prior to this newspaper articles syndicated across the country by The Age journalist Lindsay Murdoch who also had interpreters speak to the family, and also previous articles by Jane Hammond and Alana Buckley-Carr of The West Australian, and in lieu of the fact the Indonesian Consulate is involved and whom have visited Hadi, and the fact that Hadi's family, including his mother and sister have spoken with Australian journalists, with Australian and Indonesian media WHY IS HADI KURNAWIAN aged 16 still languishing in HAKEA Prison?
Why?
Barristers, and one whom has visited Hadi at my request, have explained to me that the evidence we have presented is more than adequate to displace the presumption of the evidence from the wrist bone age scan which is all the AFP and the Commonwealth Prosecutors have to rely on.
These Barristers do not understand why Hadi has not been released or out on Bail.
Why haven't Hadi's Legal Aid funded lawyers secured a Hearing to table this evidence or as has occurred with others have they not issued a writ, Habeas Corpus, in the Supreme Court to ask for the burden of proof of age to be ascertained beyond a reasonable doubt and that onus to be undertaken by the Commonwealth?
Why haven't the relevant State and Commonwealth Ministries and other various authorities stepped in with expectations to be worked towards to remove the likelihood that we have an under age person in our Adult Prisons? We may have as many as 100 minors in Australian Adult prison, some of the world's most impoverished children. Thus far no one released has been proven to have lied about the fact that they are only children! One child released, was 14, and he served 12 months! There is now a case before the Perth Courts where the children incarcerated could be 14, and would have been 13 when first incarcerated.
At the very least Hadi Kurnawian should be released on Bail pending appropriate age determination, and Hadi should be placed in the care of the Perth Indonesian Consulate. The Perth Indonesian Vice Consul has said to me that she too believes Hadi is 16.
We have asked Barrister Mark Plunkett, one of the lawyers who represented the ARTHUR GORRIE three and who secured an affidavit from a Village Chieftain that his client was only 16 years old to represent Hadi or to speak and assist to Hadi's lawyer. He has agreed and I understand that Hadi's lawyer has agreed.
Furthermore we are seeking to secure the consent of Hadi's mother for her son to be represented by for instance Mark Plunkett. Ironically because he is a minor a mother's consent is apparently adequate in securing such representation. What a ludicrous situation, what irony!
HADI MUST BE RELEASED, SURELY AT LEAST BAILED INTO THE CARE OF THE INDONESIAN CONSULATE.
Kindly, Gerry Georgatos
