Cassie Sainsbury: no proof she was tricked, lawyer says

The Colombian lawyer for Cassie Sainsbury says she faces a “grave problem” on how to plead to drug smuggling charges.

Cassie Sainsbury (right) and a letter in which she refused contact from any media.

There is no proof yet that Australian woman Cassie Sainsbury, who is being held in a Colombian jail, was tricked into allegedly carrying cocaine in her suitcase or that another person was involved in the act, her lawyer says, AAP reports.

Colombian-based lawyer Orlando Herran has been interviewed on Adelaide’s 5AA radio in Spanish. The interview was translated by presenter David Penberthy, who said the lawyer told him that Ms Sainsbury has not yet decided how to plead to the drugs charges.

The 22-year-old was arrested at the El Dorado International Airport on April 12 after 5.8kg of cocaine was allegedly found hidden inside 18 headphone boxes in her suitcase.

Mr Herran said the Adelaide woman has told him she was tricked and was given the headphones by a man she knew only by Angelo or Tom.

The man offered to buy her the headphones for a cheap price and brought them to her at the airport, Ms Sainsbury told Mr Herran.

But while Mr Herran said he believes her story, he’s acknowledged she is caught in a catch-22 situation.

“He says that the grave problem is that at this point, we do not have any proof that she really was tricked or that this other person that she refers to exists or is guilty,” Mr Penberthy said while translating.

Mr Herran said the risk of taking the case before a judge is that if they claim Ms Sainsbury is innocent without proof and lose the hearing, she could be jailed for between eight and 20 years.

But Mr Herran said it’s possible she could strike a deal with the Colombian district attorney for a sentence as low as four years, if they take into account her youth, character and that she has never done anything wrong before.

The sentence could be reduced further if Ms Sainsbury agrees to undertake social work or studies while in prison.

“Also that her version of what happened is probably true despite any evidence to support her claim,” Mr Penberthy said.

Cassie Sainsbury checks out of her hotel before being arrested at the airport. Picture: Sunrise/Channel 7

Sainsbury ‘owed thousands’

Sainsbury owed tens of thousands in rent after she suddenly closed her personal training business, Yorke’s Fitness, in 2015 and left town, Yorketown residents claim.

Locals said the former personal trainer had not paid rent for a very long time and still owed thousands to a former boyfriend, the Seven Network has reported.

Former indoor football teammates Taylor Wallace and Lauren­ Parker told The Australian she operated the business for about 18 months before closing it down at about the same time she ended a long-term relationship with boyfriend Luke Tape, who has since moved to Adelaide.

Family said he would not comment on Ms Sainsbury.

Revelations of the rent debt emerged as Ms Sainsbury’s father defended the 22-year-old and her lawyer raised the prospect of a plea deal.

Stuart Sainsbury said he did not believe his daughter would try to smuggle more than $1 million worth of ­cocaine out of Bogota airport.

“A father’s love is unconditional, it never stops regardless of what happens. I don’t believe she was a drug mule,” he said.

“She is my kid. What parent thinks of their kid as a drug mule? I just love her. I can’t change what’s happened, I just have to be here when she comes home.”

Cassie Sainsbury leaves her hotel after checking out. Picture: Sunrise/Channel Seven

Ms Sainsbury is said to be “scared” and “cries a lot” inside El Buen Pastor women’s prison.

Ms Sainsbury has told prison authorities she does not want to meet with any media.

Bogota prison Authorities have received a large number of requests from media to visit Ms Sainsbury in the notorious El Buen Pastor jail since news of her arrest broke on last weekend.

The letter in which Cassie Sainsbury refused media contact.

But in a hand written and fingerprinted document Ms Sainsbury said: “I do not give permission to have contact from any media.”

Her Colombian lawyer, Orlando Herran, has said her case could be ruled on in 90 days if she were to plead guilty.

This would potentially allow for a deal to be struck with prosecutors that could lead to a four-year sentence and possibly “conditional liberty”, such as parole­ to be completed in Colombia or even Australia.

Such a deal would avoid drug-trafficking charges: she would be found guilty only of not reviewing her luggage.

Mr Herran said this could also allow them to request house ­arrest. “We have difficulty with that because Cassandra doesn’t live here in Colombia and doesn’t have a home,” he told the ABC.

“We would have to look for NGOs (non-government organisations) to take on the responsib­ility of looking after Cassandra.

Cassie Sainsbury and (right) in a police photograph with the packages of cocaine found in her bag.

“She would have to present herself before authorities and (follow) rules of conduct and ­controls. We could then ask that she finish her punishment with Australian authorities.”

If she maintains her innocence, she faces a sentence of up to 20 years in a Colombian jail.

Additional reporting: AAP, Michael Owen