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Drug smuggler Lindsay Sandiford loses appeal for legal funds | Drug smuggler Lindsay Sandiford loses appeal for legal funds |
(35 minutes later) | |
A British grandmother convicted in Bali of drug smuggling has lost her appeal over a UK government refusal to fund her legal challenge against a death sentence. | A British grandmother convicted in Bali of drug smuggling has lost her appeal over a UK government refusal to fund her legal challenge against a death sentence. |
Lindsay Sandiford, 56, of Cheltenham, was sentenced by a court in Bali for smuggling 4.8kg (10.6lb) of cocaine. | Lindsay Sandiford, 56, of Cheltenham, was sentenced by a court in Bali for smuggling 4.8kg (10.6lb) of cocaine. |
Her lawyers said she needed £6,000 for an appeal to Indonesia's Supreme Court. | Her lawyers said she needed £6,000 for an appeal to Indonesia's Supreme Court. |
Judges at the UK's Court of Appeal dismissed her case, saying the reasons would be given "as soon as possible". | Judges at the UK's Court of Appeal dismissed her case, saying the reasons would be given "as soon as possible". |
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 a prison sentence of 15 years but judges later sentenced Sandiford to death by firing squad. | Following her conviction earlier this year, the prosecution recommended a prison sentence of 15 years but judges later sentenced Sandiford to death by firing squad. |
'Troubling case' | 'Troubling case' |
Her lawyers earlier told the Court of Appeal in London that Sandiford needed about £8,000 for her next appeal in Indonesia. | Her lawyers earlier told the Court of Appeal in London that Sandiford needed about £8,000 for her next appeal in Indonesia. |
They said £2,000 had already been found, but about £6,000 was still needed from the UK government as money from private sources was "fully exhausted". | They said £2,000 had already been found, but about £6,000 was still needed from the UK government as money from private sources was "fully exhausted". |
The UK government has refused to fund her legal challenge as a matter of policy - and in January, High Court judges agreed the government was not legally obliged to pay for "an adequate lawyer" to represent her. | The UK government has refused to fund her legal challenge as a matter of policy - and in January, High Court judges agreed the government was not legally obliged to pay for "an adequate lawyer" to represent her. |
On Monday, Lord Justice Elias, Lord Justice Patten, and the Master of the Rolls, Lord Dyson, dismissed her attempts to challenge that ruling. | On Monday, Lord Justice Elias, Lord Justice Patten, and the Master of the Rolls, Lord Dyson, dismissed her attempts to challenge that ruling. |
Lord Dyson said the court had given "very careful consideration" to the issues raised in what he described as a "troubling" case and a "terribly serious matter". | Lord Dyson said the court had given "very careful consideration" to the issues raised in what he described as a "troubling" case and a "terribly serious matter". |
He said it was "most unfortunate" that the sum required to secure the representation sought by the appellant was "relatively speaking" a "very small sum indeed". | He said it was "most unfortunate" that the sum required to secure the representation sought by the appellant was "relatively speaking" a "very small sum indeed". |
"But that cannot affect the principle that we have had to consider and it cannot affect our decision," he added. | "But that cannot affect the principle that we have had to consider and it cannot affect our decision," he added. |
"It may be that other means may be found to secure the relatively small sum in the course of the next few days." | "It may be that other means may be found to secure the relatively small sum in the course of the next few days." |
Rosa Curling, a solicitor with law firm Leigh Day, which is representing Sandiford, said outside court: "We are obviously very disappointed by the decision and we will consider with our client once we have received the reasoning of the court whether to appeal to the Supreme Court." | Rosa Curling, a solicitor with law firm Leigh Day, which is representing Sandiford, said outside court: "We are obviously very disappointed by the decision and we will consider with our client once we have received the reasoning of the court whether to appeal to the Supreme Court." |
'Independent person' | |
Earlier, Aidan O'Neill, appearing for Sandiford, told the court it was reasonable to expect the Foreign Office to provide funding. | Earlier, Aidan O'Neill, appearing for Sandiford, told the court it was reasonable to expect the Foreign Office to provide funding. |
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. | 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". | 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". |
They said the government made 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. | They said the government made 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. |
Zoe Bedford, of the charity Reprieve, which has supported Sandiford's case, said: "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." | Zoe Bedford, of the charity Reprieve, which has supported Sandiford's case, said: "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. | |
In a message to her supporters on Sunday, she said she was appealing "first and foremost" so she could meet her granddaughter, who was born in December. | |
"I've always been an independent person and I hate not to be able to pay my way," she wrote. | |
"I am trying to help myself. As you are probably aware the government won't assist despite pontificating that they are opposed to the death penalty. | |
"I knit and have just finished a piece that I'm hoping to auction to assist paying for my local lawyer and his assistants." |