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Monash forensic psychologist gives evidence in Bali trial

20 June 2007

Professor James Ogloff was an expert witness at the trial of three of the Bali Nine heroin smugglers and argued against the death penalty.

Professor James Ogloff made a special appearance at the trial of three Bali Nine heroin smugglers on 29 May to argue the case against the death penalty.

A forensic psychologist at Monash and Director of Psychological Services at the Victorian Institute of Forensic Mental Health, Professor Ogloff gave evidence in Bali's Denpasar District Court on the mental state of the Australian inmates Matthew James Norman, Si Yi Chen, and Thanh Duc Tan Nguyen.

He also discussed the declining use of the death penalty around the world, imploring court judges to consider that 128 countries have now abolished or do not use the death penalty. Many have done so to comply with international human rights obligations. When the International Covenant on Civil and Political Rights was put into force by the United Nations in 1976, only 16 countries had formally abolished the death penalty.

"The judges were questioning me at length on the death penalty in other countries and why they are abolishing it, no longer using it, or restricting the grounds under which it is used," he said.

The professor was enticed at the last minute to testify after Bali-based lawyer

Erwin Siregar was able to convince the court in Denpasar to allow for expert witness evidence on the matter of the death penalty and the petitioners' likelihood of being rehabilitated should they not be executed.

Professor Ogloff visited the trio in Kerobokan jail on an Australian-government funded trip aimed at providing independent expertise into their case. The inmates' life terms were cut on appeal to 20 years before finally being upgraded to death by the Supreme Court in September.

The evidence given by Professor Ogloff, an expert on forensic mental health issues, including the death penalty, was reported in daily newspapers including The Age, The Australian, Courier Mail and national radio and television programs.

The Courier Mail quoted Professor Ogloff in court as saying, "When I spoke with Matthew (Norman) he was so remorseful that he was crying -- my assessment is that he is not an intelligent young man and was very easily led by others. At this point he has learned his lesson and, as with the others, does not need to be executed to send a message to others."

"It would be inhumane and ineffective to execute them ... They're not hardened criminals."

More information on the Bali Nine is available from the Foreign Prisoners website.