Bali Information

What follows are statements made by my lawyer in Bali regarding meetings she had with the police over Jack Daniels' / Bali Discovery Tours complaint that I have committed criminal libel against them and am an Enemy of the State of Indonesia (for calling certain police officers corrupt). The statements were made by her in Indonesian, but have been translated into English by a licensed translator who has a professional level accreditation from Indonesian to English from NAATI (National Accreditation Authority for Translations and Interpreters) and has done extensive legal and court work.

The statement shows a number of things;
1) That the police have previously accepted that they have no authority nor jurisdiction over what I write in English about Jack Daniels, PT Bali Discovery Tours of Sanur or the Balinese police themselves outside Indonesia. Yet still are prepared to act against me at the bequest of J Daniels via his contacts with senior police officers.
2) That is was Jack Daniels who filed the first complaint.
3) That the police officer, Kombes Boy Salamudin, who took the latest complaints from Jack Daniel's layer, Suryatin Lijaya fulfilled a professy / prediction made by J Daniels / Bali Discovery Tours in June 2003. That the police would act irregularly / improperly at his bequest, by taking and keeping a sealed complaint from him until such a time as they could get hold of me and question me, and then open the complaint. You will see below that the Foreigner Control Department ("Pengawasan Orang Asing") were NOT informed as they should have been by Kombes Boy Salamudin or his subordinates of their accepting this complaint (for progression into an investigation) from Daniels. Clearly this was either a) Kombes Boy Salamudin was fulfilling Jack Daniels' prediction by improperly keeping a sealed complaint from him in his desk draw, and / or b) An attempt by the Balinese police to entrap me by stating there were no active investigations / I would not have to be questioned again when they fully intended to.

Below that is an English language translation of the summons my lawyer received when she finally managed to confront Salamudin's department and thus force him / the officers to show their cards and with it confirm Jack Daniels' predictions (and thus show collusion between Daniels, his lawyer and the police officer).

Regarding the first complaint / investigation (B/ND/143/VIII/2003 Dit.Intelkam)
"the Police Investigator for Bali Regional Police handling the case of Mark Austin stated that a report had been received on behalf of [tn: I believe this should read: naming] Mark Austin for defamation of the Government of Indonesia. The report was made by an individual. At first the Police refused to disclose the identity of the complainant, maintaining that it was a professional secret. However, through our endeavors and also from an e-mail written by Jack Daniels himself, we know that the person who reported Mark Austin was indeed Jack Daniels."

"It is true that at the time Mark Austin was being investigated and that the police had received evidence in the form of an e-mail provided by the complainant (Jack Daniels), however the document does not provide strong evidence to decide that Mark Austin is a criminal. The evidence is not strong enough because in addition to Indonesia not having any regulations on cyber crime, it is also considered that this case falls outside of Indonesia’s jurisdiction."

Regarding the second complaint / investigation (LP/169/VII/2002/Dit. Reskrim)
The police stated to my lawyer, right up until February 2004 when she finally confronted certain police officers and forced them to show their true colours, that they had no cause to investigate me further. This is what she wrote to me shortly before, citing the police had told her "that Mark’s presence is required to reopen the investigation as soon as he arrives in Indonesia, is untrue. The investigator has already stated to me, as Mark Austin’s lawyer, that if Mark wishes to come to Bali, he is welcome to do so and will not be arrested or detained. - Therefore, the content of the above-mentioned e-mail (web site) is only a ruse from Jack Daniels to make Mark appear as a criminal."

Yes, it was a "ruse" (libel) by Jack Daniels to call me a criminal. But it was also a ruse by him, his lawyer and certain police officers to act exactly as Jack Daniels had predicted. That they would act improperly through collusion. When the police officers involved in this subterfuge were finally confronted by my lawyer, they then issued a back dated (by over 6 months) summons for me to come and answer questions relating to Jack Daniels' latest complaints. But still to this day, unlike Jack says, criminal charges have not been filed against me.

SUMMONS
Pol No. S. Pgl/167/II2004/Dit Reskrim

CONSIDERATION: In the interest of a criminal investigation it is necessary to call on a person to be heard [on the case under reference]

LEGAL BASIS:
1. Article 7 paragraph (1) letter g, Article 11, Article 112 paragraph (1) and paragraph (2), and Article 113 of the CRIMINAL CODE

2. Law no 2, 2002 concerning the Police of the Republic of Indonesia

3. Police Report No. Pol: LP/169/VII/2003/Dit Reskrim, 3rd July 2003

CALLS

Name: MARK ANDREW AUSTIN
Age: --
Gender: Male
Profession: Entrepreneur
Address: c/o Attorney/ Legal Advisor
Jl Kenyeri II no 33 Gatsu Timur Denpasar

REASON: To appear before AKP TRI KUNCORO Head of THE Cyber Crime Unit of the Criminal Investigation section of the Regional Police, Bali, Jl Supratman 7, Denpasar Rtel (+62) 361-229172 on Monday, 23rd February 2004 at 10.00 am to be interviewed and to be heard as a Witness in the criminal case of libel through the written media against JOHN MILLARD DANIELS and PT BALI DISCOVERY TOURS pursuant to Article 310 of the Criminal Code.

Denpasar, February 2004-02-13
on behalf of the Criminal Investigation Director
Head of Operational Unit
As the Investigator

Drs MARSAUL SIREGAR, SH
(illegible) 61001818

On this day, February 2004, one copy of this summons has been received.

Received by Served by
AHMAD JAELENI
IPTU NRP 61060120

NOTICE: Anyone who in contravention of the Law fails to attend the summons after it has been served, according to Law may be prosecuted pursuant to the stipulations of Article 216 of the Criminal Code.

Nice huh? Well, I was not in Bali and I certainly was not going to travel to Bali to sit in a police investigation room again for several days after the police had acted illegally before. Not just for the sake of the time and money involved, but also the risk given the now obvious actions of the police and the death threat I received. Nor to ingratiate their acting outside their authority and jurisdiction. And especially not as I was suing Daniels in the USA where he should (counter) sue me (or in the UK) if he believes I have libeled him (because that is where the correct legal jurisdiction rests). So I guess they wish to investigate me for Article 216 as well now ! Well, they can go ahead. I will try and stop their games using the courts if I can. But I am certainly not going to respond to this summons. Why?

The summons cites certain criminal codes pertaining to being an enemy of the State of Indonesia no less. This is supposed to be used against spies who provide copies of secret state documents to Indonesia's enemies, and here it is being cited in relation to Daniels' allegations that I libeled him! I thought I would provide official translations of excerpts of this anti-spy criminal code by which they say they wish to investigate me under;

"Anyone who intentionally publicizes documents, news or comments that are known to have to be kept secret in the national interest, or intentionally discloses or hands them over to a foreign country." "Anyone who intentionally, fully or partially discloses, notifies or hands over to any unauthorized person of documents, maps, plans, drawings or materials of a secret nature in his/her possession that are related to the defense or safety of Indonesia in an outside attack and whose content, shape [form] or composition of material [objects] is known to him/her."

And the maximum sentence for my allegedly libeling Daniels, for stating the well known fact that there are corrupt police officers in Bali, and for pointing out that I witnessed no security at the airport / port when I went there is....

"The prisoner [convicted criminal?] sentenced to death is walked by the executioner to the hanging place, a knotted rope fastened to the hanging pole is placed around his/her neck and then the board on which the sentenced person is standing is dropped."

"Get the Bad Discoveries out of Bali"

Nov	DEC	Jan
	09
2003	2004	2005

Excerpts from my lawyer's Statements / Affidavit and police summons