Si Yi Chen
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Si Yi Chen (; born 19 March 1985) is an Australian man who was convicted in
Indonesia Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania, between the Indian Ocean, Indian and Pacific Ocean, Pacific oceans. Comprising over List of islands of Indonesia, 17,000 islands, including Sumatra, ...
for drug trafficking as a member of the
Bali Nine The Bali Nine were a group of nine Australians convicted for attempting to drug smuggling, smuggle of heroin out of Indonesia in April 2005. The heroin was valued at around 4 million and was bound for Australia. Ringleaders Andrew Chan ( ...
. In 2005, Chen was arrested in a room at the Melasti Hotel in
Kuta, Bali Kuta () is a Tourist attraction, tourist area, administratively an Villages of Indonesia, urban village (''kelurahan''), and the capital of Kuta District, Badung Regency, southern Bali, Indonesia. Kuta is a part of the Denpasar metropolitan area, ...
together with three others. Police uncovered of heroin in a suitcase in the room. After a criminal trial, on 15 February 2006 Chen was sentenced to
life imprisonment Life imprisonment is any sentence (law), sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life impr ...
. His appeal to the
Indonesian Supreme Court The Supreme Court of the Republic of Indonesia () is the independent judicial arm of the state. It maintains a system of courts and sits above the other courts and is the final court of appeal. It can also re-examine cases if new evidence emerg ...
to have the sentence reduced suffered a shock when the Supreme Court imposed the death penalty on 6 September 2006. A subsequent appeal to the Indonesian Supreme Court, following a full confession by Chen to his role in the plan to import heroin from Bali to Australia, resulted in the original sentence of life imprisonment being reinstated.


Alleged trafficking conspiracy

It is unclear how Chen, aged 20 years, from Doonside in Sydney, was connected to the fellow members of the Bali Nine. According to media reports, acting on behalf of
Myuran Sukumaran Myuran Sukumaran (17 April 1981 – 29 April 2015) was an Australian who was convicted in Indonesia of drug trafficking as a member of the Bali Nine. In 2005, Sukumaran was arrested in a room at the Melasti Hotel in Kuta, Bali with eight othe ...
, on 5 April 2005 Chen handed
Renae Lawrence Renae Lawrence (born 11 October 1977) is an Australian woman who was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In April 2005, on her third trip to Bali, Lawrence was arrested at Ngurah Rai International Airport ...
A$500 at a Sydney hotel representing spending money for Lawrence's trip to Bali. On or about 8 April 2005, Chen arrived in Bali with
Matthew Norman Matthew James Norman (born 17 September 1986) is an Australian man who was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Norman was arrested in a room at the Melasti Hotel in Kuta together with three others. ...
and checked into the White Rose Hotel. It was reported that Chen and Norman "hardly ever left their room". On 14 April, Chen, Norman, Lawrence and Martin Stephens checked into Adhi Dharma hotel, with
Tan Duc Thanh Nguyen Tan Duc Thanh Nguyen (; 30 October 1983 – 9 May 2018) was a Vietnamese–Australian citizen. He was convicted in Indonesia for drug trafficking as a member of the Bali Nine. In 2005, Nguyen was arrested in a room at the Melasti Hotel in Ku ...
arriving in the same hotel two days later. It was reported that police took the room next to Chen and Norman. In the evening of Sunday 17 April, appearing like tourists, Nguyen, Chen and Norman checked into the Melasti Hotel. Sukumaran, who was also with them, with his bags, left them with the others as he decided to go to the Hard Rock Hotel complex.


Arrest in Indonesia

Approximately 20 minutes after checking in, Chen was arrested at the Melasti Hotel in Kuta on 17 April 2005 with Nguyen, Sukumaran and Norman. Indonesian police claim the group were in possession of of heroin and bundles of plastic wrapping, Elastoplast tape, and a set of scales, indicating involvement in a plan to transport drugs to Australia. Earlier that day at
Ngurah Rai International Airport I Gusti Ngurah Rai International Airport , also known as Denpasar International Airport, is the main international airport of Bali, Indonesia. Located from Downtown Denpasar, it serves the Denpasar metropolitan area and the whole island of Bal ...
in
Denpasar Denpasar (; Balinese script, Balinese: ᬤᬾᬦ᭄ᬧᬲᬃ, ''Dénpasar'') is the capital city of the province of Bali, Indonesia. Denpasar is the largest city in the Lesser Sunda Islands and the second largest city in Eastern Indonesia after ...
, Indonesian police also arrested the following
drug mules A mule or courier is someone who personally smuggles contraband across a border (as opposed to sending by mail, etc.) for a smuggling organization. The organizers employ mules to reduce the risk of getting caught themselves. Methods of smugglin ...
after they were found carrying various amounts of heroin concealed on their bodies. Martin Stephens was found to be carrying ; Renae Lawrence was found to be carrying ;
Michael Czugaj Michael William Czugaj (born c. 1986) is an Australian former glazier from Oxley, a suburb of Brisbane, Queensland, was convicted in Indonesia for drug trafficking of heroin as a member of the Bali Nine. In 2005, Czugaj was arrested at Ngurah R ...
was found to be carrying and Scott Rush was found to be carrying of heroin. Alleged co-ringleader, Andrew Chan was also arrested the same day while seated on an
Australian Airlines Australian Airlines was a full-service airline based in Australia, serving Australian and Asian destinations between 2002 and 2006. It was an all-economy, full-service international leisure carrier, and was a wholly owned subsidiary of Qant ...
flight waiting to depart Denpasar for Sydney. At the time Chan was arrested, he was carrying three mobile phones and a boarding pass. No drugs were found in his possession. Two weeks after leaving Australia, Chen's father reported him missing to Australian police and had no idea he was abroad; saying: :''"I didn't see him for two weeks. I never knew he was overseas. I am very surprised to hear this news."''


Criticism of Australian Federal Police tipoff

Lee Rush, the father of Scott Rush, a fellow member of the Bali Nine, said that he contacted the
Australian Federal Police The Australian Federal Police (AFP) is the principal Federal police, federal law enforcement agency of the Australian Government responsible for investigating Crime in Australia, crime and protecting the national security of the Commonwealth ...
(AFP) prior to the commission of the offence, fearing his son was travelling to Bali and would commit a
drug-related crime A drug-related crime is a crime to possess, manufacture, or distribute drugs classified as having a potential for abuse (such as cocaine, heroin, morphine and amphetamines). Drugs are also related to crime as drug trafficking and drug product ...
. Rush senior claims then to have received assurances from the AFP that they would tell his son he was under
surveillance Surveillance is the monitoring of behavior, many activities, or information for the purpose of information gathering, influencing, managing, or directing. This can include observation from a distance by means of electronic equipment, such as ...
to dissuade him from going through with the crime before the group's departure from Indonesia. Scott Rush's lawyers said he was never contacted. It was revealed that the AFP alerted Indonesian police that a crime was to be committed approximately two weeks before the arrests, and had commenced an investigation about ten weeks prior to the arrests. When the Bali Nine were arrested, the news of the tipoff became public and there was criticism of the role of the AFP in protecting the interests of Australian citizens. Commenting on the matter at the time, AFP
Commissioner A commissioner (commonly abbreviated as Comm'r) is, in principle, a member of a commission or an individual who has been given a commission (official charge or authority to do something). In practice, the title of commissioner has evolved to incl ...
Mick Keelty was reported as saying: Rush took action in the
Federal Court of Australia The Federal Court of Australia is an Australian superior court which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (mo ...
against the AFP for breach of the
bilateral treaty A bilateral treaty (also called a bipartite treaty) is a treaty strictly between two subjects of public international law, generally either sovereign states or international organisations established by treaty. It is an agreement made by negotiat ...
between Indonesia and Australia when information was handed by the AFP to the Indonesians. Rush's case claimed that such information should only be released by the
Attorney-General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
. However, the Commonwealth Government maintained that the treaty only applies after a suspect is charged. The application was dismissed by the Federal Court in January 2006.


Criminal trial

Criminal trial Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...
s for the accused commenced in the Denpasar District Court on 11 October 2005. Chen, Nguyen, and Norman, all arrested at the Melasti Hotel and earning the numeric epithet, ''The Melasti Three'', were tried together, with the remaining six defendants tried separately. During the trial it was reported that Chen denied any involvement in the alleged drug trafficking operation. Chen was quiet throughout proceedings and at times could barely be heard by panel judges. In December 2005, it was reported that tensions were building between the Bali Nine drug mules and Sukumaran and Chan. Several days later, lawyers acting for some members of the Bali Nine initially sought the support of the Director of Public Prosecutions to intervene and lay charges for conspiracy to import drugs, so that the nine could be extradited and charged under Australian law. However, the judges hearing the trial matters in Bali called for Australia not to intervene in Indonesia's right to impose capital punishment;. Lawyers acting for Stephens, one of the Bali Nine, claimed that the fairness of his trial was in jeopardy following comments made in the media by Indonesian Foreign Minister
Hassan Wirajuda Noer Hassan Wirajuda (born 9 July 1948 in Tangerang, West Java, Indonesia) is an Indonesian politician who was the Ministry of Foreign Affairs (Indonesia), foreign minister of Indonesia from 2001 to 2009. He served during the presidencies of Mega ...
that Australians should be prepared for members of the Bali Nine to receive a death sentence, if found guilty.


Sentencing and appeal

In pre-sentence proceedings, Chen's father, Edward Chen, was reported as saying: During his final plea on 2 February 2006, Chen said: On 15 February 2006 Chen was sentenced to life imprisonment. Commenting on the sentences at the time, Australian Federal Police Commissioner Keelty stated: The Australian Prime Minister
John Howard John Winston Howard (born 26 July 1939) is an Australian former politician who served as the 25th prime minister of Australia from 1996 to 2007. He held office as leader of the Liberal Party of Australia. His eleven-year tenure as prime min ...
was reported as commenting: A subsequent appeal to the Indonesian Supreme Court to have the sentence reduced suffered a shock on 6 September 2006 when the death penalty was imposed on Chen, Nguyen, and Norman. Following a full confession by Chen during a subsequent appeal for leniency, the original sentence of life imprisonment being reinstated with some media reports that the ''Melasti Three'' could be released before 2020, subject to good behaviour.


Additional arrests

In February 2006, as verdicts and sentences were handed down in the trial of the Bali Nine, additional arrests were made in Australia.


Prison life

Chen served his sentence in
Kerobokan Prison Kerobokan Penitentiary Institution (, also known as LP Kerobokan, Kerobokan Prison or Hotel K) is a prison located in Kerobokan, Badung Regency, on the Indonesian island of Bali. Located 4 km (2.49 miles) away from the Canggu village, the ...
where he worked in partnership with a local jewellery company Yin Jewellery to establish ''Mule Jewels'', a rehabilitative silver making programme that offers inmates a trade skill that they are able to use upon release, and gives inmates some constructive and therapeutic work. Chen has stated online that he is sharing a cell with an Australian and a Japanese person. ''"It's comfortable enough for the three of us but it is dirty."'' He has since become a Christian. On 15 December 2024, Chen and the other four remaining members of the Bali Nine arrived back in Australia on a commercial flight. He will not be required to serve any further prison time in the country.


See also

*
List of Australians in international prisons A list is a set of discrete items of information collected and set forth in some format for utility, entertainment, or other purposes. A list may be memorialized in any number of ways, including existing only in the mind of the list-maker, but ...
*
List of Australian criminals This is a list of Australian people who have been Conviction, convicted of serious crimes both in Australia and overseas. Bank robbers * Brenden Abbott (born 1962), known as the Postcard Bandit * Darcy Dugan (1920–1991), bank robber and New ...


References


External links

* {{DEFAULTSORT:Chen, Si Yi 1985 births 21st-century Australian criminals Australian drug traffickers Living people Criminals from Sydney Australian Christians Australian people of Chinese descent Place of birth missing (living people) Australian people imprisoned abroad Foreign nationals imprisoned in Indonesia Australian prisoners sentenced to life imprisonment Prisoners sentenced to life imprisonment by Indonesia Inmates of Kerobokan Prison