Aussies weep over recommended sentence after being caught with drugs in Bali
A prosecutor in Bali, known for its harsh penalties for drug-related crimes, has delivered a surprisingly light drug sentence recommendation for two Australians.
National
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Melbourne nightclub promoter William Cabantog broke down and wept in Denpasar District Court as the prosecutor called for an astonishingly light sentence in a nation known for its harsh penalties for drug crimes.
With co-accused David Van Iersel, when the prosecutor called on the judge to deliver a sentence of just one year and six months, Cabantog doubled over, covered his face with his hands and wept. Van Iersel, 38, who the prosecutor requested a sentence of one year and two months, remained solid and silent.
The men were allegedly in possession of 1.12 grams of cocaine and both urine tested positive to the narcotic.
Cabantog, 35, and Van Iersel face a maximum sentence of 12 years prison for allegedly possessing narcotics.
Personal use carries a maximum four-year sentence.
However, Prosecutor Ni Made Ayu Citra Maya Sari shocked the court with her lenient request, which includes reduced time for their period of incarceration since their July arrest at the Lost City nightclub in Bali’s trendy Canggu.
“Willian Cabana is proven legally and convincingly guilty of committing a crime that is participating as a narcotic abuser for himself as regulated in Article 127 paragraph 1 in Indonesian Narcotics Law,” Ms Sari said.
She then called on the judge to consider a sentence of one year and six months.
The court heard that Cabantog was homeless for a year when he was 15 years old having run away from an abusive, alcoholic father.
“I had immigrant parents who came to Australia and had very strict values. I had an alcoholic, abusive father. I couldn’t understand the situation … I ran away from home when I was 15. I was homeless for a year. I ended up moving in with my aunty and my cousin. My aunty was like a mother figure for me at the time,” Cabantog said through tears.
Ms Sari said that while Cabantog had the initiative to prepare cocaine for use with Van Iersel, he remained a victim of narcotics trafficking.
Last week the court heard the head of the drug assessment unit Ms Ririn Wijayanti outline years of drug abuse that began when Van Iersel was 18-years-old and Cabantog was 15.
Ms Wijayanti graded the severity of both men’s addiction to narcotics at five out of a possible six points and recommended both under take rehabilitation.
Ms Wijayanti said both men had ‘routine dependence’ and classified them as heavily drug dependent.
The prosecutor also said that David Van Iersel was proven legally and convincingly guilty of committing a crime as a drug abuser.
Mitigating factors for calling for the light sentence include that Van Iersel and Cabantog both acknowledged and regretted their actions and were polite.
“During the trial no justification was found that could eradicate the guilt of the defendant so that the defendant must take responsibility and be punished in accordance with his action,” Ms Sari said.
Van Iersel repeatedly apologised to the court and the nation.
“I’m sorry. I truly am. When I woke up on that morning my intention was not to break the law. When I went to work, my intention was not to break the law. While I was at work carrying out my duties my intention was not to break the law.”
He said that taking the cocaine was a brief moment of weakness.
“I have paid a very immense price for this moment of weakness. I have suffered and my
family has suffered and to them I am truly sorry. I apologise to the court and to the Republic
of Indonesia for my actions. I look to the court for compassion for this brief mistake. I am
very sorry and hopefully I can address my actions in rehabilitation afterwards,” Van Iersel said.
The trial continues on January 6.