
There is hope the Government can secure a prison transfer for a Whanganui man who has now spent 10 years in a Bali prison after falling victim to a romance scam.
Antony de Malmanche, 53, was arrested in December 2014 after travelling to Bali to meet a woman he had been speaking to online. He was given money for flights and a passport to meet her overseas.
Customs officers arrested de Malmanche on drug trafficking charges after he was caught allegedly smuggling 1.7kg of methamphetamine in a bag given to him by associates of his online girlfriend.
Australian Prime Minister Anthony Albanese has been lobbying new Indonesian President Prabowo Subianto for the release of Australia鈥檚 Bali Nine prisoners.
LawAid International director Craig Tuck, who defended de Malmanche during his trial, said movement in the Bali Nine situation had opened discussions with the Ministry of Foreign Affairs and Trade (MFAT) to see if they could get de Malmanche home on a prisoner transfer.
鈥淚t would be a one-off situation essentially because there is no prisoner transfer agreement between our countries.鈥
MFAT did not comment on de Malmanche鈥檚 situation, citing privacy reasons.
鈥淲e are aware that some countries do have prison transfer arrangements in place.
Antony de Malmanche's supporters have always argued that he was duped.
鈥淎 key element in those arrangements is the requirement for individuals to serve the remainder of their sentence in prisons in their home country.鈥
Tuck said when he last saw de Malmanche, about a month ago, he was struggling with deteriorating mental and physical health in the harsh and cramped conditions of Bali鈥檚 Kerobokan Prison.
The lock-up and sleep conditions in the prison are brutal due to the sweltering humidity. De Malmanche suffers from serious health issues such as angina and chronic obstructive pulmonary disorder 鈥 a lung disease that blocks airflow.
He was dealing with anxiety and depression and 鈥渏ust surviving鈥 in the prison environment.
Antony鈥檚 son Shaun de Malmanche, who lives in Palmerston North, last saw his father in 2018. He said his father鈥檚 deteriorating condition was a constant source of stress and worry.
Convicted drugs smuggler Antony de Malmanche pictured with his lawyer Craig Tuck.
鈥淚t鈥檚 a feeling of having failed him but it鈥檚 a complex feeling because he didn鈥檛 get a death sentence so we鈥檙e grateful for that.
鈥淗e鈥檚 lost all of his teeth and a hell of a lot of weight. He鈥檚 down to 50kg now.
鈥淗e鈥檚 getting older now and we just want to get him home.鈥
Shaun de Malmanche said the brutal executions of two of the Bali Nine members highlighted the danger for international prisoners.
鈥淚鈥檓 trying to keep hope, that鈥檚 always been the key ... you鈥檝e got to have hope or else what point is there?鈥
What makes securing a prisoner transfer difficult for NZ?
Tuck said it could become complex for Governments to work through prisoner transfers as they were considering relationships, other citizens in trouble and the 鈥渂ig picture between nation states鈥.
鈥淢ost governments do not want to interfere in another nation state鈥檚 criminal justice system.鈥
Having overseen international criminal cases across the world, Tuck recognised the difficulty in securing diplomatic intervention for prisoners.
鈥淚t would be fair to say that a lot of times it鈥檚 quite arbitrary and subjective depending on the relationships between the countries and who you鈥檙e dealing with within the government departments.鈥
MFAT said it had provided de Malmanche with consular assistance since his arrest 10 years ago.
Under New Zealand law, it is not possible for an individual imprisoned overseas to return to New Zealand to serve their sentence.
MFAT was not aware of 鈥渁ny consideration being given to changing this long-standing approach鈥, the department said.
Tuck said securing a prisoner transfer for de Malmanche would require the New Zealand Government to initiate negotiations, 鈥渙therwise the justice department in Indonesia won鈥檛 take any action鈥.
鈥淚 think it would be very favourably received by the Indonesians, and that鈥檚 because I鈥檝e met with prison management and worked with lawyers who work closely with others in Jakarta,鈥 Tuck said.
鈥淭he Indonesians are indifferent as to whether they keep him in custody or not, that would be my impression.鈥
Shaun de Malmanche said he wanted his father to be able to see his grandchildren for the first time in 10 years, and to spend the last of his days free.
He is hopeful the New Zealand Government will step in to secure de Malmanche鈥檚 transfer, just as the Australian Government was doing for its Bali Nine prisoners.
Tuck said de Malmanche was not asking for much: 鈥淗e just wants to come back to Whanganui and go fishing and live the rest of his life.鈥
A petition for de Malmanche鈥檚 return has been organised by his son Shaun de Malmanche and can be found at .
Eva de Jong is a reporter for the Whanganui Chronicle covering health stories and general news. She began as a reporter in 2023.
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