This is a must know case for anyone representing British citizens in legal proceedings abroad. Mrs Sandiford (S), a fifty-seven year old Yorkshire grandmother and legal secretary imprisoned in Indonesia for being convicted in December 2012 of trafficking £1.6 million of cocaine from Thailand to the paradise island of Bali, faces death by firing squad. S’s cooperation with Indonesian authorities resulted in four others being convicted but they were lightly sentenced to terms of imprisonment of between only one and six years. She pleaded guilty at trial but said that she was forced to commit her crime because of death threats to her son. The Supreme Court (Lords Mance, Clarke, Sumption, Carnwath & Toulson JJSC) unanimously dismissed S’s appeal and held that the Foreign Secretary’s policy of not providing funding for legal representation to Britons facing capital punishment abroad is indeed lawful.
Collaborating with the Indonesian authorities has not helped S in escaping the death penalty. Despite the prosecutor’s support for a sentence of fifteen years’ imprisonment, the High and Supreme Courts of Indonesia upheld the District Court of Denpasar’s sentence of execution by firing squad. Her only options, the exercise of which requires funding, now are to appeal by the end of August 2014 to the Indonesian Supreme Court to reopen her case and to petition the Indonesian President to spare her life. Continue reading