'A ghost': Cassandra Sainsbury's lawyer in search for alleged rogue guide

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This was published 6 years ago

'A ghost': Cassandra Sainsbury's lawyer in search for alleged rogue guide

By Andrew Wight in Colombia
Updated

The lawyer for accused Australian drug mule Cassandra Sainsbury says they are desperately searching for the man who allegedly provided her with headphones filled with cocaine, but admits so far he has proved a "ghost".

Orlando Herrán told Fairfax Media that defence efforts had so far been focused on getting Ms Sainsbury out of her Colombian prison ahead of a trial and locating the man who had allegedly been showing her around town and provided her with the headphones where 5.8 kilograms of cocaine were discovered.

"There is no evidence of his true identity," Mr Herrán admitted, "[but] there are criminals who specialise in tricking foreigners in this way."

Mr Herrán said Ms Sainsbury's best chance of a reduced sentence was to negotiate with Colombian prosecutors in the two-month window before the start of her trial, but that his immediate priority was to find a way to get her out of prison.

'We can make a deal': Cassandra Sainsbury's lawyer is confident of getting her out of prison.

'We can make a deal': Cassandra Sainsbury's lawyer is confident of getting her out of prison.Credit: Facebook

"She's young and it is important that she gets out as soon as possible," the lawyer said, emphasising that, "There are many examples of Colombians and foreigners who have been able to reach an agreement with prosecutors."

"If we can show she hasn't had problems with police in Australia and no history of contact with drug traffickers, we can make a deal."

Under the Colombian legal system, there is a preliminary hearing where the charges are read and the accused is formally remanded in custody within days of being charged. By Colombian law, the next hearing must be within two months of the first.

Ms Sainsbury, 22, from South Australia, was detained at Bogota's El Dorado International Airport on April 12. Local police, allegedly acting on a tip-off, found 5.8 kilograms of cocaine distributed between sets of headphones in her luggage.

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Colombian police released this photo of Cassandra Sainsbury with the drugs she is said to have smuggled.

Colombian police released this photo of Cassandra Sainsbury with the drugs she is said to have smuggled.Credit: Colombian National Police

Mr Herrán said he has not spoken to his client since the 13th or 14th of April.

Fairfax Media asked Mr Herrán where the figure of an eight- to 20-year sentence had come from, as it has has been widely quoted.

"The report from the fiscal (prosecutor), said this (the prison term) would be between 8 and 20 years," he said, "There were no aggravating circumstances, like arms trafficking or a [larger] conspiracy."

However, this is in apparent contradiction of Colombia's Penal Code, which for carrying more than 2kg of cocaine dictates a minimum of 10 years, 8 months and a maximum prison sentence of 30 years.

For more than five kilos [of cocaine], it's impossible that the minimum sentence would be lower than 10 years

Another Bogota-based lawyer, Liliana Saenz, who does not represent Ms Sainsbury, told Fairfax Media that it was important for the prosecutor to release the audio recordings of the preliminary hearing.

"All of these hearings are recorded. Listening to the recordings is the only way to know for sure what she has been charged with and how she pleaded to the charges. For more than five kilos [of cocaine], it's impossible that the minimum sentence would be lower than 10 years."

Back in Australia, Ms Sainsbury's father, Stuart Sainsbury spoke out for the first time since his daughter's arrest.

"I don't believe she was a drug mule, she's just my kid. What parent thinks their kid is a drug mule? I just love her and I can't change what's happened. I just have to be here when she comes home," he said on Channel Nine News.

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Meanwhile, The Australian newspaper reported overnight that Ms Sainsbury is tens of thousands of dollars in debt.

According to her lawyer, Ms Sainsbury continues to contact her family daily by phone from Bogota's El Buen Pastor (The Good Shepherd) women's prison.

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