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Drug smuggler Lindsay Sandiford appeals for legal funds Drug smuggler Lindsay Sandiford appeals for legal funds
(about 7 hours later)
A British woman convicted in Bali of drug smuggling is to ask the Court of Appeal to overturn a ruling upholding the UK government's refusal to fund her appeal against a death sentence. A British woman convicted in Bali of drug smuggling has asked the Court of Appeal to overturn a ruling upholding the UK government's refusal to fund her appeal against a death sentence.
Lindsay Sandiford, 56, from Cheltenham, was sentenced by an Indonesian court for smuggling 4.8kg (10.6lb) into Bali. Lindsay Sandiford, 56, from Cheltenham, was sentenced by an Indonesian court for smuggling 4.8kg (10.6lb).
She has said she was coerced into smuggling the drugs. Her lawyers said she needs £6,000 for an appeal to Indonesia's Supreme Court.
The Foreign and Commonwealth Office has a policy of not providing legal representation for Britons overseas. The Foreign Office has a policy of not providing legal representation for Britons arrested overseas.
Sandiford was arrested after a flight from Thailand in May 2012 and accused of being at the centre of a drugs ring.Sandiford was arrested after a flight from Thailand in May 2012 and accused of being at the centre of a drugs ring.
Following her conviction earlier this year, the prosecution recommended 15 years imprisonment but a panel of judges later sentenced Sandiford to death by firing squad.Following her conviction earlier this year, the prosecution recommended 15 years imprisonment but a panel of judges later sentenced Sandiford to death by firing squad.
Her lawyers will go to the Court of Appeal, in London, on Monday. Her lawyers told the Court of Appeal in London on Monday that Sandiford needs about £8,000 for her next appeal in Indonesia.
At the end of January, High Court judges upheld the government's refusal to fund her, despite pleas that she was urgently in need of money and her family had exhausted all their available resources. They said £2,000 has already been found, but around £6,000 was still needed from the UK government as money from private sources was "fully exhausted".
But the Foreign Office's policy of not providing legal representation to British nationals overseas was backed by judges. Aidan O'Neill, appearing for Sandiford, said it was reasonable to expect the Foreign Office to provide funding and the case was of "overwhelming importance" because it involved the death penalty.
Human rights group Reprieve has supported Sandiford's case, with investigator Zoe Bedford saying: "Lindsay long ago ran out of money for paying her legal fees. He argued: "It also raises issues of significant public interest, concerning the extent to which fundamental rights protection can be claimed against the UK government by UK nationals when abroad, and specifically in non-European countries."
Mr O'Neill said the government's claim to have "a long-standing policy" not to provide funding was not true and it had in the past provided financial assistance, in exceptional circumstances, to prepare legal proceedings.
However, Foreign Office lawyers said "it does not operate a legal aid scheme to cover legal expenses for British nationals involved in criminal proceedings abroad, nor does it provide funds in exceptional cases."
At the end of January, High Court judges upheld the government's refusal to fund her appeal.
'Firing squad'
The Foreign Office lawyers said the government makes grants to charities, such as human rights charity Reprieve, to assist people charged with capital offences and, in appropriate cases, to make state-to-state representations.
Lord Justice Elias, Lord Justice Patten, and The Master of the Rolls, Lord Dyson, are expected to take at least a day to hear the case.
Mr O'Neill said an urgent decision was needed because an appeal to the Indonesian Supreme Court had to be notified by Thursday.
Reprieve has supported Sandiford's case, with investigator Zoe Bedford saying: "Lindsay long ago ran out of money for paying her legal fees.
"She now potentially faces the firing squad simply because she has no money to hire a lawyer for her appeal."She now potentially faces the firing squad simply because she has no money to hire a lawyer for her appeal.
"Never has there been a clearer example of how the death penalty falls predominantly on those who do not have the funds to defend themselves.""Never has there been a clearer example of how the death penalty falls predominantly on those who do not have the funds to defend themselves."
Sandiford was originally from Redcar in Teesside but her last UK address was in Gloucestershire.Sandiford was originally from Redcar in Teesside but her last UK address was in Gloucestershire.