Liberal hand-wringing over Kiwi criminals in offshore jurisdictions

Watch as the clamour to try and bring our criminal scum back home to  face “justice” in New Zealand rather than the much harsher treatment they will get offshore.

One such person is this Anthony De Malmanche fellow.

The liberal panty-waists are all upset that he might face the death penalty. Well boohoo, only the congenitally stupid don;t know that in most Asian countries the penalty for smuggling drugs at the very minimum is a sound beating and a long time in prison or the worst, a death sentence.

i have little sympathy for them.

The crim-hugging panty-waists though think this is terrible and one such womble is Alexander Gillespie who is supposedly a professor of law at Waikato University (snigger).

He is having a moan that these criminals are hard done by.

Two recent incidents involve Kiwis allegedly involved in trafficking large amounts of methamphetamine. The men were caught in Indonesia and China. These are not cases of attractive females with relatively small amounts of marijuana which would cause debatable social damage.

These are people who, if convicted, will be found to be responsible for the destruction of the lives of hundreds of others. Indonesia and China have a strong interest in putting these individuals on trial. This is standard practice as each state jealously guards its laws to protect its citizens, society and principles.

Accordingly, when people are tried for crimes in foreign countries, it is no defence to say they are foreigners. As the recent debate over the Malaysian diplomat returned to the New Zealand judicial system has shown, the public expect the law to be applied regardless of nationality.

Is he serious? Trying to say being a foreigner is a suitable defence?

The law should apply regardless of nationality.

The result of such thinking is about 300 prisoners of foreign nationality are housed in our jails. Conversely, there are at least 90 New Zealanders held in the prisons of at least 26 other countries.

Although most are in the US, Europe and Australia, an increasing number are being incarcerated in locations where the penalties, and the standards of incarceration, are closer to the Middle Ages than what exists here.

Don’t commit crimes in such places would be a good rule of thumb I should have thought. Maybe we could import their penalty systems to NZ and we might just watch crime drop.

The worst example of these standards is with the death penalty. More than two-thirds of countries have abolished the death penalty in law or practice. Countries do this because the premeditated and cold-blooded killing of a human being by the state is the ultimate denial of any meaningful ideal of human rights, the right to life in particular. It is a cruel, inhuman and degrading act done in the name of justice. There is also always the risk that the convicted person is innocent.

You know what…tough shit. Don’t commit crimes that carry the death penalty in countries that don’t have the sort of “justice” system we have in New Zealand.

It is due to such considerations that a number of countries have implemented specific legislation to obtain the return of their citizens when incarcerated in foreign countries. Such legislation facilitates prisoner transfers, whereby the prisoner is still required to serve the sentence, or its equivalent, but in their home country.

The US, Europe, and Australia are all notable in this regard. There are strong economic, social and humanitarian reasons for this approach. Although New Zealand participates in some such arrangements, they are minimal and ad-hoc. We have no comprehensive approach to such concerns, nor specific arrangements with countries such as China or Indonesia, where two New Zealanders are about to go on trial for their lives. The only certainty we have is that these will not be the last Kiwis to face such an ordeal. The question is whether we want to prevent it in the future.

Why would we want them back here junking up our prisons. Far better the expense of their incarceration be covered by the country in which they committed crimes. Even better would be to outsource Corrections to those same offshore jurisdictions…then see how the criminals like it hard.

Wombles like Gillespie make me ill.


– NZ Herald


THANK YOU for being a subscriber. Because of you Whaleoil is going from strength to strength. It is a little known fact that Whaleoil subscribers are better in bed, good looking and highly intelligent. Sometimes all at once! Please Click Here Now to subscribe to an ad-free Whaleoil.

  • anonface

    Personally the fate of NZers who commit crimes overseas does’t bother me at all. If the penalty is death, then so be it. Still can’t believe people have donated over $11k to a legal fund for this De Malmanche character.

    I find this amusing though:
    “Maybe we could import their penalty systems to NZ and we might just watch crime drop.”

    Doesn’t tie in to well with your legalise cannabis stance.

  • Rodger T

    Fairly typical thinking from what passes for academia in this country where personal responsibility is an anathema ,especially the alleged Waikato Uni School of Law.

  • peterwn

    Over 30 years ago, A couple of NZ soldiers in Singapore were caught with drugs, and NZ accepted that they had to be dealt with in the usual Singapore manner.

  • Tom

    I wonder what the % is ethnically of overseas jail birds.

    • Jas

      I think I saw an article about it somewhere once . In the countries other than Australia is mostly white males but in Australia more along the line of NZ percentages.

  • cows4me

    I wonder if Alex has children. I guess he would be all sweet if a foreigner started flogging meth off to his kids after all the person probably was unaware of our laws. If this guy is a professor I’m Albert Einstein.

  • Aucky

    The media has found us a Kiwi Schapelle Corby at long last. De Malmanche is the answer to their dreams – a gullible, lovelorn country boy beguiled by a cunning Asian (oh it just gets better) woman into carrying hard drugs into Indonesia. Inevitably he is caught by the Indo authorities, imprisoned in a hellhole while awaiting a show trial & numerous appeals with the strong possibility of facing a couple of submachine gun-wielding prison officers at dawn on a remote Bali beach. There are endless stories to be milked from this sorry saga and many cushy opportunities for journos who haven’t previously visited Bali.

    It’s a bit of hard luck for the Kiwi bloke that was caught in China with a couple of sacks of meth precursor. You’ve been forgotten mate – the Kiwi media don’t seem to be interested and you can forget the Aussies because they’ve got their girl back.

  • Timboh

    I started to read the original article previously and after getting the gist went to the bottom to see who wrote it. Saw that it was a professor of law at Waikato University and had horrible flashbacks of Margaret Wilson.

  • Canucktoo

    He’s from Waikato Uni – enough said!

  • Sailor Sam

    This idiot is an idiot, typical trendoid liberal university boffin, with nothing better to do with his taxpayer funded time.
    Do the crime, do the time, whether it is in Thailand, Bali or China.
    If people are stupid enough to do drugs in these countries, they deserve the penalties imposed by these countries.

  • KGB

    We should be paying some of these countries to jail-house a lot of other kiwi convicts. At $90k per prisoner here, we could save at least half of that by shipping them to some 3rd world dungeon. A win-win.

  • SlightlyStrange

    There are a few places where some of the people locked up would never be done so in their own country – I’ve read some horror stories about women being raped in arab countries, complaining to the police, and being locked up in abhorrent conditions for being impure with a man, or being drunk, even if she wasn’t.
    A friend of a friend was threatened with arrest in Dubai of all places for holding hands with her husband in public. Those sorts of cases should definitely be sent home. But drug smuggling and violent crimes? nope. no way.

  • Jas

    Have no issues whatsoever with the cases where they have been caught with drugs etc. The only times I would think we should help is when someone whose is overseas is stitched up with a crime so they can be doneover economically

  • ex-JAFA

    Righto, I’m off to some country where they drive on the right. I’ll kill people in a head-on collision, and my defence can be that in my country I’m *supposed* to drive on the left. I’ll be sweet, right?

    • johcar

      Sweet… Or dead…

  • Cadwallader

    There used to be a convention amongst countries of the British Empire/Commonwealth that a citizen of one such country would never face a penalty more severe than that which would have likely been imposed in their home country. This debate arose vehemently when Barlow and Chambers* from Western Australia were tried then hanged in Malaysia in 1986. I lament the destruction of the convention as, indeed their own lawyer Mr Singh, insisted the application of the law at the time was ambiguous and capriciously carried out. The case did serve to give vivid notice to the rest of the world that Asian countries are not open for any rampant drugs business. This stance was as compelling a message to the world as the contemporary anti-nuclear policies of NZ.
    *On the facts ascertainable only one of them could have been guilty and on balance neither ought to have been executed. It’s the company you keep!