GUILTY Bali - Sheila von Wiese Mack, 62, found dead in suitcase, 12 Aug 2014 #4

[SouthAussie]

IIRC, we didn't get a lot of info about the trials of the Bali Nine or Schapelle Corby. We saw pics of them entering and leaving court, perhaps a few pics of them in court, reports of Schapelle's mother yelling at the judges in court ... things like that. But as far as actual detail about what was said and done in court, there was not a whole heck of a lot reported.

I think one issue was that the Indonesian judges apparently speak really quickly, too quick for westerners to keep up. And perhaps they are not allowed to transcribe or report on actual testimony (just a guess)?

I think that we will be fidgeting and trying to grab whatever we can between the lines of anything that is reported. :sigh:

And yes, Orange Tabby, everything here is all about Andrew and Myuran today. There is confusion in Indonesia whether or not their 2nd appeal to the judges will be considered - it is a first for that apparently and the authorities are saying no, while the court is saying we're going to look into it further - so that encompasses all of our news out of Bali so far today.

 

[Orange Tabby]

Heather’s interview with the Chicago Tribune is very interesting. You’ll note that the majority of it is taken up with complaints about lawyers and money.

A few observations:

1. If Ary Soenardi could provide proper billing statements, he would already have the money. Thus, I conclude he can’t provide the requisite paperwork and has enlisted Heather’s help and urged her to do this silly interview, which has not helped her in the least.

2. If Mr. Ary doesn’t get any more money, there are interesting possibilities. One is, he tells future clients: “Ah, yes, I couldn’t get Heather Mack a good deal because she never paid what I asked. You can see that in all the papers. She didn’t have the money. But if you have the money, I will help you.” And he still gets $50,000, which isn’t chicken feed, particularly in a country with courthouses next to chicken coops.

3. Drama Llama Heather comes off as ridiculous when moaning about her plight and unbelievable when professing love for her mother. The only time she sounds credible is when she complains about her attorneys. Classic guilty defendant. Even near-comatose readers will spot that.

4. The Tribune is right to point out that it is not because of her Chicago civil attorneys that Mr. Ary doesn’t have all the cash he has demanded. Mr. Ary isn’t providing the trustee with the information the Cook County judge said was necessary. Seemingly weepy interviews won’t change that requirement. Firing Chicago lawyers won’t change anything either.

5. Why is it so hard for her to fire Michael “I won’t go away” Elkin?! Is she just constantly claiming she wants to in order to try and get him to up his game? Why should she imagine this guy has anything to offer, anyway?

It's great to see Heather squirm.

 

[ajaylee]

HM's cunning continues to amaze me.

Judge Cohen and the trustee he appointed are in a no-win situation. Right now, I'll bet he's wishing he had ruled against HM and not gotten himself and a colleague involved with her.

 

[Orange Tabby]

And yes, Orange Tabby, everything here is all about Andrew and Myuran today. There is confusion in Indonesia whether or not their 2nd appeal to the judges will be considered - it is a first for that apparently and the authorities are saying no, while the court is saying we're going to look into it further - so that encompasses all of our news out of Bali so far today.

[SBM]

I've been following the news on this case and one thing I saw earlier today was a discussion on Australian TV about this second appeal. Attorney Julian McMahon is basing it on a ruling by one court which is in contradiction to another court. I think we're talking about the Indonesian Constitutional Court vs. Supreme Court. Unfortunately, one reporter said that a Constitutional Court spokesman explained that the president is a higher authority, so a court ruling won't matter. I have no idea if that is true, but the concept of separation of powers obviously doesn't exist in all countries.

I continue to hope for the best for Andrew and Myuran.

Thank you for all your excellent links and commentary about them and their legal situation in Indonesia. While not directly related to Sheila's murder, it is helpful in understanding the Indonesian system, which is useful in putting the Heather and Tommy trials in context.

 

[ontheclock]

This girl is just too much. That's all I got. Someone needs to put a muzzle on it, for her own good. Narcissist much?

 

[SouthAussie]

The abuses described in the article, including failure to consider or even altering evidence, are easy to apply in Indonesian courts because the court proceedings are not fully recorded.

A court reporter—the panitera—is present, but the panitera only writes down his personal selection of statements, often far short of all the testimony or evidence. And even the panitera's notes do NOT necessarily end up in the court decision; the judges themselves write up their decision and include only their choice of testimony and evidence.

Although the court does not keep a verbatim record of the proceedings, there is no regulation prohibiting anyone else from recording them. Anyone involved in a court proceeding would be wise to arrange for sound and video recording. As with advice earlier about documents, a determined court would still be able to ignore your evidence or recording of testimony, but a recording couldn't hurt.

http://indonesialawonline.com/IIb Indonesia Courts.aspx

 

[SouthAussie]

"Indonesia's been great to both me and Stella," Mack said, using the name she plans to give her unborn child.

"She's healthy and it is completely safe here and (it's a) completely fair country."

http://www.chicagotribune.com/news/local/ct-bali-defendant-interview-met-20150203-story.html

 

[nightwatch]

Also in the Tribune interview: Mack told reporters that she and Tommy are in a relationship but she would not elaborate, telling the Tribune only, "I am wearing a ring on my finger."

Wow! That doesn't sound like Tommy is dying to marry her, does it?!!!

TS went from fun times with a party girl to baby daddy to grandma killer. Wonder if the tribune tried to interview him?

HM talking about her string ring. The only thing she truly has on her hands is her own mother's blood. Jmo

ciao

 

[Kamille]

Heather Mack gives self-serving interview

Heather was interviewed by phone by the Chicago Tribune. Excerpts from their report:

Heather Mack, 19, told the Tribune in a series of telephone interviews Tuesday that she did not have a motive to kill her mother...

"I loved my mom with all my heart and miss her every day," said Mack...

Mack, speaking on a cellular phone that included a video feed, said she was compelled to contact her hometown newspaper because her Indonesian criminal defense attorney is not being paid from her trust fund as ordered.

Mack said her attorney, Aly Soenardi, received only the first payment. She blamed the three Chicago-area attorneys who have been assisting her with the trust issues and said she is seeking to have them fired...

[Judge] Cohen said the last two $50,000 payments would not be distributed to Soenardi until he provides an interim trustee with billing statements to explain what services were provided.

When asked about the prosecution's allegation that she tried to find a hit man, Mack said, "I can't answer that." Mack also refused to say what she thinks happened to her mother.

"If I allow myself to grieve whatsoever I'm in a complete state of depression," she told the Tribune. "The smile is actually a disguise I wear to survive here."

Mack said the motion to fire her Chicago-area civil attorneys may be filed as early as Wednesday in Cook County.​

http://my.chicagotribune.com/#section/-1/article/p2p-82718528/

Wow...just wow. I can't believe they even approved the first $50,000. What on earth are any of them thinking? There is NO attorney in Bali who requires a FIFTY THOUSAND DOLLAR retainer....let alone $150,000. How is HM doing interviews via a video cell phone from an Indonesian prison? No doubt she has lost patience with the current civil attorney team because she didn't get what she wanted. She is still promising Ary that the money will be coming. Ary is probably trying to come up with some bogus statement. The whole thing is ridiculous.

William Wiese is the trustee. No way should his authority over that trust have been taken away from him. Sheila wanted him to have the authority over that money until HM was 30. She trusted him to do the right thing. She did not trust her daughter who was a legal adult when the last will was made. How does the law just take that right away from him?

So if she can't get her hands on another hundred grand, what's the 50 grand going to buy her?

Ridiculous.

MOO

 

[Snoods]

Thank you FigTree, SouthAussie and Kamille for your thoughtful and detailed replies to my question about Indonesian citizenship. I was worried about some kind of shady under-the-table, money talks citizenship shenanigans going on, but it doesn't seem like it would be possible.

 

[Kamille]

"Indonesia's been great to both me and Stella," Mack said, using the name she plans to give her unborn child.

"She's healthy and it is completely safe here and (it's a) completely fair country."

http://www.chicagotribune.com/news/local/ct-bali-defendant-interview-met-20150203-story.html

Series of interviews. On Tuesday. Not Monday when she was at the courthouse with her "lawyer" and his cell phone but Tuesday when she was back in prison with her own contraband cell phone.

WTH is going on? How did AS even get the first "installment" without providing a statement to the trustee of what he's been doing besides buying her McDonalds and promising her she'll walk free if he gets his money. He should not have gotten one penny until he provided something that resembles a true account of what attorneys actually do for a client over there.

How many expert witnesses is he hiring and flying in to go over the evidence and present their reports during the trial? How many labs does he have involved in double checking DNA evidence? Communication evidence? How many depositions has he had to take? How many motions has he filed? Surely the judge in the US realizes what defence funds are typically spent on. Surely he realizes that no such thing happens in Bali.

:gaah:

MOO

 

[Kamille]

HM's cunning continues to amaze me.

Judge Cohen and the trustee he appointed are in a no-win situation. Right now, I'll bet he's wishing he had ruled against HM and not gotten himself and a colleague involved with her.

There should be some way for William Wiese to appeal his decision and get someone to understand just what is going on here.

MOO

 

[Curious Me]

"I am wearing a ring on my finger." :lol:

It just looks like a string. :wink:

http://www.chicagotribune.com/news/local/ct-bali-defendant-interview-met-20150203-story.html

 

[Orange Tabby]

I, for one, hope Heather keeps up her babbling nonsense. It can only hurt her.

According to Indonesian trial rules, after each witness has testified, the defendant is asked to comment on the testimony. Boy, a recording of Heather’s answers would be priceless. Even with the fog of translation, I can’t believe she won’t expose herself to the judges for who she really is.

If the trial is clean (and we should consider this a reasonable possibility since Mr. Ary, who originally wanted $300,000 only has $50,000 which he may now keep for himself), then the judges will be able to convict Heather in part with her own words. Although maybe defendants typically say "no comment"? I wonder how that works.

From the Indonesian Code of Criminal Procedure:

Article 164

(1) Every time a witness has completed giving a testimony, the judge/chairman of the session
shall ask the defendant about his opinion on said testimony.
​

http://iccdb.webfactional.com/documents/implementations/pdf/Indonesia-Code_of_criminal_procedure.pdf

 

[Kamille]

"I am wearing a ring on my finger." :lol:

It just looks like a string. :wink:

http://www.chicagotribune.com/news/local/ct-bali-defendant-interview-met-20150203-story.html

Yeah...we are in a relationship and we've sealed it with a string. Even though he murdered my mother. But I loved my mother. I miss her every day. Bali is such a nice place for her to be murdered by my boyfriend. I love the people. They are fair. I love my boyfriend too. But I can't elaborate on that because I don't want to. Now tell those lawyers to send me my money or you know what it do.

 

[SouthAussie]

I hope that she does say 'no comment' in court ... a lot. That will pee the judges right off.

And it seems as though they can instruct Tommy to testify at her trial, and HM to testify at his.

https://books.google.com.au/books?i...ge&q=indonesia right to remain silent&f=false

 

[Kamille]

I, for one, hope Heather keeps up her babbling nonsense. It can only hurt her.

According to Indonesian trial rules, after each witness has testified, the defendant is asked to comment on the testimony. Boy, a recording of Heather’s answers would be priceless. Even with the fog of translation, I can’t believe she won’t expose herself to the judges for who she really is.

If the trial is clean (and we should consider this a reasonable possibility since Mr. Ary, who originally wanted $300,000 only has $50,000 which he may now keep for himself), then the judges will be able to convict Heather in part with her own words. Although maybe defendants typically say "no comment"? I wonder how that works.

From the Indonesian Code of Criminal Procedure:

Article 164

(1) Every time a witness has completed giving a testimony, the judge/chairman of the session
shall ask the defendant about his opinion on said testimony.
​

http://iccdb.webfactional.com/documents/implementations/pdf/Indonesia-Code_of_criminal_procedure.pdf

I can't see how AS is going to get away with pocketing even the 50 grand just for himself. There are 5 people involved. Him, the prosecutor and the 3 judges. As it stands now each gets 10 grand. So what will that buy HM? They were looking for 30 grand each but even with the 10 grand I can't see this being a "clean" trial.

MOO

 

[Orange Tabby]

I hope that she does say 'no comment' in court ... a lot. That will pee the judges right off.

And it seems as though they can instruct Tommy to testify at her trial, and HM to testify at his.

https://books.google.com.au/books?i...ge&q=indonesia right to remain silent&f=false

Brilliant find! I have long wondered why they weren't being tried together. I'm delighted that you have taught us that there is a good reason for this which points toward the prosecution really wanting them to be convicted.

 

[Kamille]

So are we to assume that this "trustee" released $50,000 against the wishes of the deceased person's appointed trustee and deposited to an account monitored by the US consulate and they in turn released the whole amount to an Indonesian attorney without any statement or indication of what the money was being used for?

I'm still baffled by all this.

 

[Curious Me]

She's saying Tommy is innocent too!

Is she going to deny the premeditated text messages, letting Tommy into the room, and the hidden under his shirt fruit bowl weapon used to kill Sheila, not to mention, stuffing her mother in a suitcase and abandoning it in the taxi???

Seems like she's going to blame this all on her Mother attacking Tommy. Oh, but she so loved her Mother. :stormingmad:

http://www.chicagotribune.com/news/local/ct-bali-defendant-interview-met-20150203-story.html

"But Mack maintains she and Schaefer are innocent."