Tuesday, March 2, 2010

Tony Negus on the line . . .

Email sent to The Australian Federal Police, Wednesday 3rd March 2010

From: Mrs. Kim Bax (full contact details supplied)

To: The Australian Federal Police

Re: Reporting the supply of approx $40,000 worth of marijuana (in Australia), to an Australian citizen, for export to Bali (which occurred), in 2004


This morning I telephoned the Australian Federal Police (in Sydney), on (02) 9286 4000, to report a Federal crime, the supply of approx $40,000 worth of marijuana to an Australian citizen (in 2004), which was exported to Bali. Having previously chatted (informally), to another serving Australian Federal Police officer on the same day, I gather the export of marijuana from Australia (to another country), is a Federal offence. In attempting to make this formal report, I spoke to Federal Agent Craig Jacks. He refused to take my complaint over the phone, although he did ask for my personal contact details (which I gave him). He said that the Australian Federal Police only take complaints like this in writing, hence this missive. He also gave me this email address:

Which I have used.

In 2004, as is well known, Schapelle Corby departed Australia, and headed to Bali, flying from Brisbane Domestic Airport, to Sydney Domestic Airport, and then on to Sydney International Airport. Her luggage was checked in at Brisbane Domestic Airport. When she arrived in Bali, her luggage contained just over $40,000 worth of marijuana. She is now formally convicted (by the Indonesian Government), of exporting this amount of marijuana from Australia to Bali. Exporting drugs from Australia, to any country, is an Australian Federal Offence. However, who, how and why $40,000 worth of marijuana came to be exported from Australia, to Bali, was never formally investigated by any police force in Australia. It's also beyond dispute by any reasonable person that $40,000 worth marijuana points directly to organised crime, so why this crucial investigation was never carried out (into organised crime within Australia), is a key question. So now, therefore, I am formally asking the Australian Federal Police to do their job, and investigate:

1. Who (in Australia), supplied the $40,000 worth of marijuana that was exported to Bali.

2. How they supplied the $40,000 worth of marijuana that was exported to Bali from Australia.

3. Why they supplied the $40,000 worth of marijuana that was exported to Bali from Australia, given that $40,000 worth of marijuana is worth a small fraction of that in Bali.

In other words, I am making a formal crime report to the Australian Federal Police. Please do your job, and investigate it.

Further, it almost beggars belief that, despite the high profile crime that had been committed in Australia (e.g. the export of drugs from this country, which is a serious Federal offence), not a single frame of cctv footage from any Australian airport was immediately preserved. Are you the Australian Federal Police, or the Australian Keystone Cops? So, as it's now evident an Australian woman is dying in an Indonesian hell hole, for a crime (allegedly committed in Australia), that was never investigated by any Australian police force, it's about time you did the job you're paid for.

I have already reported this matter to the Queensland Police, who appear to have taken the issue extremely seriously (as they should), and as far as I'm aware, a formal Queensland Police investigation is now probable. Here are the details of that to date:

Maybe you could liaise with the Queensland Police? You'll also note this quote . . .

"So to-day I spoke to a Senior Constable Nolan, at Roma Street Police Station. She took down my complaint, but was quite incredulous. She said that "Of course" there MUST have been a Queensland Police investigation into HOW Schapelle acquired $40,000 worth of marijuana in Australia. I very firmly re-iterated that there wasn't, and I got the impression she thought I was crazy. I mean, for God's sake, OF COURSE the Queensland Police investigated it (to paraphrase Senior Constable Nolan's shocked reaction). Anyway (and God bless Senior Constable Nolan), she agreed to take down my complaint e.g., that NO Queensland Police investigation was carried out, and gave me a "Case" number, which was/is KN2020. I also gave my full contact details to Senior Constable Nolan."

I also share Senior Constable Nolan's disbelief, along with a huge majority of the Australian population, once they wake up to it.

I will telephone the Australian Federal Police tomorrow, and ask to speak to Federal Agent Craig Jacks again. I will tell him that I did as he requested (e.g. I put my formal complaint in writing), get confirmation it was received, and ask him what the next step is. And as always, I will diarise the results on my blog, circulating the link as appropriate.

Regards, Mrs. Kim Bax


Additional note (after the above was sent) :

The import or export of illicit drugs

The Commonwealth’s legislative power concerning trade and commerce (Constitution s 52 (ii)) with other countries has given the Commonwealth responsibility for the prohibition of the import and export of illegal drugs and, more recently, precursor chemicals.

The first prohibition on the importation of a recreational drug (non-medicinal heroin) was made in 1906 under the Customs Act 1901. The first illegal drug importation case heard by the High Court was Irving v Nashimura [1907] HCA 50. In 1910, the addition of section 233B of the Customs Act greatly expanded the range of drug offences under that Act.

In 2005, new serious drug offences were enacted in Chapter 9 of the Criminal Code replacing the import or export drug offences previously found in the Customs Act.

Link HERE (see page 3 of that document)


Further additional note (email forwarded to the AFP after the above, same day):

Maybe the AFP and Geoff Davies (Qld Police), should liaise re Schapelle Corby's issues? Both of you now have my formal criminal complaint re organised crime.

Begin forwarded message:

From: Kim Bax

Date: 3 March 2010 2:33:49 PM AEST


Subject: Fwd: To Geoff Davies, from Kim Bax

Updated blog (Wednesday 3rd March 2010)

Update - Wednesday 3rd March 2010

Well, after getting shoved around from one police department to the other this morning, I'm feeling a bit like Asterix, but we eventually got there. Ended up speaking to Geoff Davies, who is a plains clothes sergeant in the State Drug & Property Crime Group, in their Intel section. He confirmed that he is now in personal receipt of my original complaint, and that it's his job to assess that complaint, advise on it, and pass it on as appropriate. I therefore asked Geoff if I could have his personal email address, so I could pass some further information on to him. He kindly agreed, so I sent him THIS and THIS I will phone Geoff again tomorrow, to get an update. After all this is urgent, an Australian woman is dying in an Indonesian hell hole, convicted of a crime that was never investigated.



Reply from the Federal Police, Wednesday 3rd March 2010 (same day)

Mrs Bax,

Thank you for your email dated 3 March 2010, to the Australian Federal Police (AFP) concerning your referral for investigation in relation to the export of $40,000 worth of cannabis.

This email is to confirm that the AFP Brisbane Office has received your referral.

Your referral has been accessed by our Operations Committee and the information forwarded to our Intelligence Section for further investigation.


Tel +61(0) 7 32221436


My reply to the Australian Federal Police, Wednesday 3rd March 2010 (same day)

Thank you Craig. Very much appreciated. Can you please tell your Operations Committee and your Intelligence Section that I'll be phoning them by the close of business on Thursday 4th March 2010, to inquire about the next step.

Best wishes, Kim

Update Thursday 4th March 2010

Tried to ring Federal Agent Craig Jacks back this morning, and had a bit of trouble at first. I could only get hold of his voice mail, and then a police colleague who didn't work in the same department, and didn't know where he was - and then when I asked the switchboard to put me through to the "Intelligence Section" (as Craig has referred my issues there), they told me they're not allowed to put members of the public through to that department. However, I eventually managed to catch up with Craig on the phone, and I asked him who in the Intelligence Section is now in charge of assessing these issues, and whether or not he could give me a rough time frame for a response. Craig had no idea on either.

I then asked Craig why all CCTV footage from 3 Australian airports (when Schapelle Corby flew to Bali), was completely unavailable, considering that two major Federal crimes (obviously connected to organised crime), had been committed in Australia, e.g. the supply of $40,000 worth of marijuana, and the export of $40,000 worth of marijuana. Surely, in those circumstances, all the footage should have been preserved immediately? I personally felt that Craig's tone became a bit defensive at that point (sorry Craig if you didn't intend that, but that's how I experienced it), and he told me "That would have been investigated at the time." I tried to very politely explain to Craig that wasn't the case, but he refused to take any further information from me. Isn't that strange? Here I am, a member of the public, trying to pass very important information on to the police (about crime), and I literally get cut off mid-flow. Craig put me on "Hold" mid-sentence. One second I was talking to Craig, the next I was talking to background music. Anyway, I held on, intrigued, and wondering who I was going to speak to next, or if I would just have to hold on forever.

I didn't have to wait long (thank you Craig). Next on the line was Patrick Law, Craig's "Team Leader," and also a Federal Agent (as he told me). Again, Patrick couldn't give me any idea who in the "Intelligence Section" would be dealing with my issues, or what sort of time frame I could expect. So again, I asked Patrick why all CCTV footage from 3 Australian airports (when Schapelle Corby flew to Bali), was completely unavailable, considering that two major Federal crimes (obviously connected to organised crime), had been committed in Australia, e.g. the supply of $40,000 worth of marijuana, and the export of $40,000 worth of marijuana. Surely, in those circumstances, the footage should have been preserved immediately?

Patrick's immediate response was "No idea," which sounds pretty honest to me - and (I guess), most Australians would say the same, in the couple of seconds before they then demand a real answer. However, Patrick (very quickly), followed up with "No comment," and offered to forward me on to the media department. I pointed out that I wasn't media, I was a member of the public making a complaint - so no, the "Media Department" wouldn't be appropriate thank you. I then asked Patrick who was in charge of the "Intelligence Department," and he told me it was Tony Negus. I then (very patiently), had to explain to Patrick that, obviously, there was somebody specifically in charge of the "Intelligence Department," beneath AFP Chief Tony Negus, and it wasn't a State secret - so could he tell who it was please? That worked. Patrick told me it was Tim Morris, and he was based in Canberra.

So onwards and upwards. I rang Tim Morris's office in Canberra, and got put through to his office, where I spoke to a completely delightful and helpful woman. She told me that Tim Morris was currently in the UK, and wasn't expected back until next Tuesday (9th March 2010), and no-body was filling in for him in the meantime. So I gave this lady my name and my phone numbers (home and mobile), and asked if Tim Morris could possibly call me back. I explained it was a very serious issue connected to Schapelle Corby, and that if Tim Morris contacted Federal Agent Craig Jacks in Brisbane, Craig would be able to fill him in. I also passed on Craig's contact details, for Tim's convenience.

So maybe when Tim Morris gets back from England, I can ask him why all CCTV footage from 3 Australian airports (when Schapelle Corby flew to Bali), was completely unavailable, considering that two major Federal crimes (obviously connected to organised crime), had been committed in Australia, e.g. the supply of $40,000 worth of marijuana, and the export of $40,000 worth of marijuana. Surely, in those circumstances, the footage should have been preserved immediately? I wonder if Tim can do better than putting me on hold, or "No idea," and/or "No comment"?

PS - THIS is info about the "Operations Committee" who (Craig told me), also have responsibility for my complaint.

Update Tuesday 9th March 2010

Rang Tim Morris (head of the AFP's "Intelligence Department"), this morning. He's back from the UK, but I only got to speak to Fran (his secretary). She said he's likely to be in meetings all day, as he has a lot to catch up on, after his trip abroad.

I did explain to Fran that it was a very urgent matter I was trying to talk to Tim about, as an Australian woman is now very seriously ill in an Indonesian prison (experts say she's Hanging by a thread), as very recently explained to over 1.6 million Australian women, and there are extremely serious questions over the safety of her conviction, and possible police corruption.

I thought that, in these extraordinary circumstances, Tim would find the time to talk to me. Fran confirmed she has my full contact details, but she also said that she didn't think the matter was Tim's responsibility. I explained to Fran that I'd recently spoken to AFP officer Craig Jacks (see above), who had told me my complaint had been forwarded to the "Intelligence Department." I then spoke to Craig's supervisor, Patrick Law, who told me that Tim Morris was in charge of the Intelligence Department, hence my phone call to Tim Morris. Firstly, due to the extreme urgency and high profile nature of this case, I thought it was imperative Tim was informed, and secondly, I needed to find out who (exactly), had this case in hand, and what the next step was.

Fran said she's had no details about this case from Craig Jacks, but that she'd contact him to-day to get more background (thank you Fran). I then asked Fran what time she finished to-day, and I promised to call her back half an hour before she went home, to get some feed back. I thought this would give her the maximum time to investigate this very serious issue, and reasonable notice I'd be calling back.

Update Wednesday 10th March 2010

I wasn't able to call Fran back yesterday (see above), but I thought I'd give her a chance to call me. I thought she might, because these are very serious issues. A woman's life is at stake, in the most high profile way imaginable. No such luck. It was 3.30pm in Queensland by the time I called Fran (4.30pm in NSW). I was put through to Tim Morris's office, and spoke to a Ms. Norton. She told me that Fran was on the phone, but that she'd take a message, and get Fran to call me back. I'd heard nothing by almost 4pm (5pm NSW time), so I rang again. I spoke to Ms. Norton again, who told me that she'd given my message to Fran, but that (now), Fran had gone home. I wasn't happy about this (as I told Ms. Norton), but I acknowledged it wasn't Ms. Norton's fault. She took another message from me, and I told her I would be available Friday morning (12th March), if Fran could call me back then please.

Update Thursday 18th March 2010

See this further blog post HERE (Thurs afternoon)

Further important update HERE (Thurs evening)