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Schapelle Corby’s judge says he is certain she smuggled dope, and she was lucky it wasn’t heroin

THE judge who oversaw Schapelle Corby’s case has spoken for the first time since she was sent to jail — and he’s still waiting for her confession.

Aussies Behind Bars Overseas

EXCLUSIVE: IF heroin — and not marijuana — had been found in Schapelle Corby’s bodyboard bag, she would not be flying home to freedom tonight.

Not that Judge Linton Sirait has ever wavered from his belief in Corby’s guilt.

In fact, 13 years on — he is still waiting for her confession.

Judge Linton Sirait is 100 per cent certain his decision to find Corby guilty and jail her for 20 years was the right one.

But today he reveals for the first time that at no stage did the bench of three judges which sat in judgment and decided her fate consider the death penalty or life in jail.

Speaking exclusively to News Corporation, on the eve of Corby’s sentence expiring, Judge Sirait has for the first time revealed details of the Denpasar District Court’s deliberations in the Corby case.

Linton Sirait was the Judge on Schapelle Corby case. Picture: Lukman S. Bintoro
Linton Sirait was the Judge on Schapelle Corby case. Picture: Lukman S. Bintoro

“No doubt, 100 per cent,” Judge Sirait said when asked if he is still certain they made the right decision that day.

“Yes, no doubt. No doubt as of now, nothing from the news or any other thing that can make me feel that there was a mistake in deciding the case, for example someone saying it was theirs.

“Can the drugs just fly by themselves to Bali? I don’t think so.

“Until now, no one in Australia has admitted they are the owner of the drugs.”

THE PROSECUTOR: How Schapelle dodged a firing squad

THE JUDGE: Schapelle’s judge sure she did it

THE ARREST: Customs ‘sensed’ something about Schapelle

THE RETURN: Schapelle keeps authorities guessing

Judge Sirait, who is now a judge in the Medan High Court, in Sumatra, admitted the judges’ panel had never considered the death penalty as appropriate for Corby.

He said none of the three Judges had thought it the right sentence. They also did not consider her crime was worthy of a life sentence, as demanded by the prosecutors.

Judge Sirait said the death penalty or a life sentence were not on the table because she had smuggled marijuana not heroin.

“It’s different if she had brought heroin in that amount, it’s different to bringing heroin, extremely different,” he said.

He is also not disappointed Corby’s original 20-year sentence, reduced to 15 years when she received a five-year cut in a successful clemency plea, is now ending just shy of 13 years in total.

“That’s the regulation, it is based on the law. It’s not only in Corby’s case, other convicts also get it. That’s legal, it’s normal,” he said.

After the verdict and massive backlash in Australia about the decision Judge Sirait received hundreds of letters from Australians, much of it hate mail, hitting out at the Judge and Indonesia.

He said it never bothered him.

“I was thinking at the time, never mind. Maybe they don’t understand. Maybe some day they will understand,” Judge Sirait says now.

Indonesian judge Linton Sirait, right, checks a court before an appearance by Schapelle Corby in 2005. Picture: AFP
Indonesian judge Linton Sirait, right, checks a court before an appearance by Schapelle Corby in 2005. Picture: AFP

“A truth doesn’t come in a moment. Some day the truth will come out. Maybe some day, for example she will make a confession. It is possible isn’t it?.”

And he points out that until now, all these years later, no one has ever admitted in Australia to actually owning the drugs or putting them in her bag.

“Not many defendants admit they are guilty. Many of them say they are not guilty … but I never declare a defendant guilty without strong consideration, based on fact,” Judge Sirait said.

He says that during the trial no one tried to offer the judges a bribe.

On one occasion someone tried to meet him, to ask for justice, and he angrily told that person not to approach him ever again.

Asked what he would say to Corby now, Judge Sirait said: “I will tell her, congratulations you are free. I hope you will stay healthy … and I hope that you will never be involved in this kind of case again. That’s what I will tell her.”

Original URL: https://www.couriermail.com.au/news/national/schapelle-corbys-judge-says-he-is-certain-she-smuggled-dope-and-she-was-lucky-it-wasnt-heroin/news-story/8c712e476453616d860922cb1d765879