British woman faces death sentence

Should it be one law for “us” and another for “them”?

A British woman, Shivaun Orton, has been arrested in Malaysia for possession of drugs including cannabis, amphetamines and Ecstasy. The drugs were found when police raided the backpacker resort that she and her Malay husband run in the east coast town of Cherating. As the haul included over 15g of heroin, she faces death by hanging if convicted.

It cannot be long before the inevitable cries of outrage that a British national, the "daughter of a nuclear physicist" no less (code: she's middle-class, not some ill-educated scrubber with loose morals with whose fate the right-wing papers would be less concerned), might suffer such a fate.

No doubt the possible penalty, and by extension Malaysia, will be described as "barbaric" and "medieval", and every instance of courts in the country producing ludicrous, over-the-top judgments will be dredged up and presented as the norm, rather than the exceptions that they are. Oh, and there will also be no misgivings at all about the prospect of her husband receiving the same sentence.

I touched on this issue last year when two US citizens were freed from a North Korean jail after crossing the border illegally and when a convicted drug-smuggler, Samantha Orobator, was allowed to return to the UK from Laos to serve the rest of her sentence. As I wrote at the time:

The coverage of these cases, as so often when westerners are arrested in developing countries, focused almost exclusively on outrage at the conditions in which they were held and the sentences they faced. The garb of human rights hid a less pleasant, unspoken assumption: your laws shouldn't apply to us.

Even though, as I pointed out, "few will dispute that a state has the right to police its borders or impose penalties for drug trafficking . . . many westerners seem to think, 50 years after losing their empires, that they should still have carte blanche to wander the earth held to a different set of rules from those of the populations they deign to visit." Two examples then followed:

Singapore's former prime minister Lee Kuan Yew made this point well in his memoir From Third World to First. "In 1993, an 18-year-old schoolboy, Michael Fay, and his friends went on a spree, vandalising road and traffic signs and spray-painting more than 20 cars. When charged in court, he pleaded guilty and his lawyer made a plea for leniency. The judge ordered six strokes of the cane and four months in jail."

Such sentences are common in the region; we hear nothing about them. But "the American media went berserk at the prospect of an American boy being caned on his buttocks by cruel Asians in Singapore", said Lee. Suggestions were made that the first ministerial meeting of the World Trade Organisation be moved from Singapore over this "barbarity".

The second example is particularly relevant to the Shivaun Orton case:

"Barbaric" was the very word bandied about by the Australian premier Bob Hawke when Malaysia hanged two of his countrymen for drug trafficking in 1986. But the more telling view was that of one of the defendants, Kevin Barlow. "Do you reckon they'll hang us?" asked his co-defendant, Brian Chambers. No, replied Barlow. "The Malaysians won't hang white guys."

Exchange the word "white" for "western" and you have, it seems to me, the real truth behind the protestations whenever one of our nationals gets banged up abroad for doing something they know they shouldn't have done. It's OK for them, but not for us.

As it happens, I don't think Mrs Orton will be hanged if she's found guilty – partly because she's a woman and the mother of two boys, and partly because the current prime minister, Najib Tun Razak, does not share the desire to take every opportunity to upset western sensibilities that characterised Dr Mahathir, who was in power at the time of the 1986 case.

Najib is from the old aristocratic, anglophile elite and was educated at Malvern College and Nottingham University. Whereas Dr M would have regarded David Cameron as colonising-class material and would have been very happy to irritate and embarrass him, Dato' Sri Najib prefers smooth relations and will not want the bad publicity that would accompany the hanging of a British national. If she is found guilty, pressure from the top will almost certainly result in a lesser sentence.

Perhaps I will be proved wrong. Perhaps the commentariat will decide that UK citizens breaking laws abroad just have to take the consequences, like locals do. If there is an outcry, though, and calls emerge for David Cameron or William Hague to intervene, my question remains the same – how on earth do we justify the expectation that it should be one law for "us" and another for "them"?

Sholto Byrnes is a Contributing Editor to the New Statesman
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Lord Empey: Northern Ireland likely to be without government for a year

The former UUP leader says Gerry Adams is now in "complete control" of Sinn Fein and no longer wants to be "trapped" by the Good Friday Agreement

The death of Martin McGuinness has made a devolution settlement in Northern Ireland even more unlikely and has left Gerry Adams in "complete control" of Sinn Fein, the former Ulster Unionist leader Reg Empey has said.

In a wide-ranging interview with the New Statesman on the day of McGuinness’ death, the UUP peer claimed his absence would leave a vacuum that would allow Adams, the Sinn Fein president, to consolidate his hold over the party and dictate the trajectory of the crucial negotiations to come. Sinn Fein have since pulled out of power-sharing talks, leaving Northern Ireland facing the prospect of direct rule from Westminster or a third election in the space of a year. 

Empey, who led the UUP between and 2005 and 2010 and was briefly acting first minister in 2001, went on to suggest that, “as things stand”, Northern Ireland is unlikely to see a return to fully devolved government before the inquiry into the Renewable Heat Incentive scheme is complete -  a process which could take up to a year to complete.

“Adams is now in complete control of Sinn Fein,” he said, adding that it remained unclear whether McGuinness’ successor Michelle O’Neill would be “allowed to plough an independent furrow”. “He has no equal within the organisation. He is in total command of Sinn Fein, and that is the way it is. I think he’s even more powerful today than he was before Martin died – by virtue of there just being nobody there.”

Asked what impact the passing of McGuinness, the former deputy first minister and leader of Sinn Fein in the north, would have on the chances of a devolution settlement, Empey, a member of the UUP’s Good Friday Agreement negotiating delegation, said: “I don’t think it’ll be positive – because, for all his faults, Martin was committed to making the institutions work. I don’t think Gerry Adams is as committed.

Empey added that he believed Adams did not want to work within the constitutional framework of the Good Friday Agreement. In a rebuke to nationalist claims that neither Northern Ireland secretary James Brokenshire nor Theresa May can act as honest or neutral brokers in power-sharing negotiations given their reliance on the DUP’s eight MPs, he said: “They’re not neutral. And they’re not supposed to be neutral.

“I don’t expect a prime minister or a secretary of state to be neutral. Brokenshire isn’t sitting wearing a hat with ostrich feathers – he’s not a governor, he’s a party politician who believes in the union. The language Sinn Fein uses makes it sound like they’re running a UN mandate... Gerry can go and shout at the British government all he likes. He doesn’t want to be trapped in the constitutional framework of the Belfast Agreement. He wants to move the debate outside those parameters, and he sees Brexit as a chance to mobilise opinion in the republic, and to be seen standing up for Irish interests.”

Empey went on to suggest that Adams, who he suggested exerted a “disruptive” influence on power-sharing talks, “might very well say” Sinn Fein were “’[taking a hard line] for Martin’s memory’” and added that he had been “hypocritical” in his approach.

“He’ll use all of that,” he said. “Republicans have always used people’s deaths to move the cause forward. The hunger strikers are the obvious example. They were effectively sacrificed to build up the base and energise people. But he still has to come to terms with the rest of us.”

Empey’s frank assessment of Sinn Fein’s likely approach to negotiations will cast yet more doubt on the prospect that devolved government might be salvaged before Monday’s deadline. Though he admitted Adams had demanded nothing unionists “should die in a ditch for”, he suggested neither party was likely to cede ground. “If Sinn Fein were to back down they would get hammered,” he said. “If Foster backs down the DUP would get hammered. So I think we’ve got ourselves a catch 22: they’ve both painted themselves into their respective corners.”

In addition, Empey accused DUP leader Arlene Foster of squandering the “dream scenario” unionist parties won at last year’s assembly election with a “disastrous” campaign, but added he did not believe she would resign despite repeated Sinn Fein demands for her to do so.

 “It’s very difficult to see how she’s turned that from being at the top of Mount Everest to being under five miles of water – because that’s where she is,” he said. “She no longer controls the institutions. Martin McGuinness effectively wrote her resignation letter for her. And it’s very difficult to see a way forward. The idea that she could stand down as first minister candidate and stay on as party leader is one option. But she could’ve done that for a few weeks before Christmas and we wouldn’t be here! She’s basically taken unionism from the top to the bottom – in less than a year”.

Though Foster has expressed regret over the tone of the DUP’s much-criticised election campaign and has been widely praised for her decision to attend Martin McGuinness’ funeral yesterday, she remains unlikely to step down, despite coded invitations for her to do so from several members of her own party.

The historically poor result for unionism she oversaw has led to calls from leading loyalists for the DUP and UUP – who lost 10 and eight seats respectively – to pursue a merger or electoral alliance, which Empey dismissed outright.

“The idea that you can weld all unionists together into a solid mass under a single leadership – I would struggle to see how that would actually work in practice. Can you cooperate at a certain level? I don’t doubt that that’s possible, especially with seats here. Trying to amalgamate everybody? I remain to be convinced that that should be the case.”

Accusing the DUP of having “led unionism into a valley”, and of “lashing out”, he added: “They’ll never absorb all of our votes. They can try as hard as they like, but they’d end up with fewer than they have now.”

Patrick Maguire writes about politics and is the 2016 winner of the Anthony Howard Award.