POLICE should have searched for fingerprints on the plastic bags containing the drugs alleged to have been carried by Australian Michael Sacatides to Bali.
But they hadn't, defence lawyer Erwin Siregar told the Denpasar District Court yesterday.
Mr Sacatides, 43, a kickboxing instructor who was living in Thailand was appearing at his second hearing.
He was arrested with 1.7kg of crystal methamphetamine concealed in a suitcase at Bali's international airport on October 1.
He has, since his arrest, denied the drugs - worth an estimated Rph3.4 billion ($392,000) - belonged to him.
Police found four plastic bags of the drug in his luggage. Mr Sacatides faces a sentence ranging from death to five years jail if convicted.
"Michael is not a user (of drugs), he's educated, he has a good salary and has no economic reason to bring the drugs,'' said Mr Siregar who is acting for Mr Sacatides.
Outlining his objections to the charges in 13 pages for judges' consideration, Mr Siregar reinforced his concern that police had not yet sought Mr Sacatides's Indian business partner, Akaleshi Tripathi, alias Peter, who allegedly lent him the suitcase containing the drugs in Bangkok.
"He (Mr Sacatides) doesn't know how or why the drugs are inside the bag,'' Mr Siregar said.
"Michael borrowed the bag because he knows Peter for two and half years and Peter offered the bag because Michael didn't have one. When he got the bag it was empty. He put his personal belongings in it.''
Mr Siregar also said the security code's lock for the bag had not been changed but remained on 000.
"If I am a bad man I change the code, so no one can open the bag,'' he said after the hearing.
Mr Sacatides had told investigators: "I borrowed the bag on 30 September 2010 around 10 in the morning Bangkok time at Peter's apartment building. The address is: Sei 16 Sukhumvit, Bangkok. Security gave me the bag.
"Peter is Indian, thin, around 167c tall, black skin and short straight black hair," Mr Sacatides said.
Before the hearing Mr Siregar, asked if any contacts had been traced on Mr Sacatides mobile phone said: "Until now the police do not give the mobile phone to us. The police not yet give the telephone to me. Maybe they are still waiting for somebody to contact the telephone, but nobody contact.
"Maybe the police are thinking the drug syndicate will call the telephone but nothing because he (Mr Sacatides) is a good man. There is no criminal report even in Thailand or in Australia.
"I will also ask .. the police who keep the telephone to be a witness.''
Mr Siregar, who is being funded by Australian legal aid and represented marijuana trafficker Schapelle Corby after her arrest, said he was hoping his client would get the minimum sentence.
Mr Sacatides had arrived on a flight from Bangkok, where he had been working for 22 months. He had planned to spend four days in Bali, having travelled there once previously. He told police that he travelled to Bali to renew his visa on October 1 last year.
The only comment Mr Sacatides made was at the end of the hearing: "The accusation from the prosecution is not true.''
The hearing will resume on January 11 when prosecutor Agung Atmaja will reply to the objections.
Source: The Australian, January 5, 2011
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