Court ruling brings new hope for Corby

21:46 AEST Mon Jul 4 2005

Convicted drug trafficker Schapelle Corby's hopes of freedom have been boosted after appeal court judges in Bali agreed to reopen her case and hear new evidence from her defence team.

The chief judge of Bali's High Court Made Lingga said he would allow Corby's lawyers to present new witnesses backing the former beauty therapy student's claims she did not know about 4.1 kilograms of marijuana found in her luggage at Bali airport last year.

Lingga said that after reviewing the lower court decision to sentence Corby to 20 years in jail, he believed the original hearing had been "clear enough" and properly conducted.

But he said he would instruct the same three judges who presided over the original trial in the Denpasar District Court to reopen hearings and take evidence from any new witnesses who could be found.

"We will issue an order to the Denpasar District Court to hold an additional examination with witnesses brought in by the convicted's lawyers, this order is granted on behalf of Corby's lawyers who have asked for a fresh examination with witnesses who may add favour to leniency requests for the convicted."

Corby's pistol-packing celebrity counsel Hotman Paris Hutapea said the High Court's decision was encouraging and the result of three letters he had written to the court president.

But he challenged the Australian government now to play its part and help uncover fresh evidence backing Corby's claims of innocence, including the identities of the real masterminds behind the drug shipment.

"My message is to (Prime Minister) John Howard and the Australian public, if Corby is not released, it will be mostly because of your government's unwillingness to help, we Indonesians, including the High Court, now give a chance, so please do not blame the Indonesian court and Indonesian people anymore."

Corby and her lawyers have repeatedly insisted she was the unwitting courier for a drug smuggling gang using Australia's airports and corrupt baggage handlers to shift narcotics between Brisbane and Sydney using unlocked passenger luggage.

During her original trial the federal government allowed a Victorian prisoner to travel to Bali and tell the court how he overheard a jail cell conversation about Corby being an unsuspecting drug "mule" used by the gang.

Judge Lingga warned the defence team not to string out the appeal, instructing them to present only witnesses who could shed new light on the ownership of the drugs.

One of the witnesses was said to be a person already in custody who had admitted owning the marijuana stash.

"The possibility of freedom is there if the alibi is true," Lingga said.

A Perth QC says he thinks an appeal against Schapelle Corby's drug smuggling conviction could still be successful after a flamboyant Indonesian lawyer returned to her legal team.

Corby sacked her Indonesian legal team last week, but her mother, Rosleigh Rose, has confirmed that Hotman Paris Hutapea has since been rehired.

Perth lawyer Mark Trowell last week accused Corby's Indonesian legal team of suggesting judges hearing the case could be bribed.

He also said Corby's chances of winning her case were looking up after she dumped her original legal team.

"It's good to see a lot of hard work has paid off for her, I just think too many people have said too many things, and It's about time for a bit of restraint and people should calm down."

The Indonesian lawyer heading up Schapelle Corby's defence team says he is concerned someone might be trying to deliberately sabotage her case.

Hotman Paris Hutapea was sacked on Friday, but was rehired over the weekend to help prepare Corby's appeal case.

His sacking followed claims by Perth QC Mark Trowell that Corby's Indonesian legal team had sought funds to bribe the appeal judges.

Mr. Hutapea says it appears that someone is trying to undermine Corby's case and he claims the Australian Government has abandoned her.

Mr. Hutapea says Mr. Trowel's claims have been very damaging.

"My suspicion is why also did your government abandon Corby, because I keep asking for help to get more evidence as a weapon to increase the reasonable doubt of this case, but the ministry of justice keeps saying no, I couldn't understand because he's part of the team, whatever happened he cannot disclose it to the public because there is a lawyer client privileged relationship," he said. "He must not disclose that to the public because he was officially appointed by your government as a member of the team."

But Mr. Hutapea says while the claim was ill advised, he does not believe the court will increase Corby's sentence when the appeal is heard.