Bali drugs: UK government accused over Lindsay Sandiford's legal funding
Bali drugs: Lindsay Sandiford loses legal funding case
(about 1 hour later)
The UK government's refusal to pay for a lawyer for a grandmother sentenced to death in Bali breaches her "fundamental rights", judges have heard.
A grandmother sentenced to death in Bali for drug trafficking has lost a High Court challenge to a UK government refusal to fund a lawyer for an appeal.
Two High Court judges are being asked to rule that the Foreign Office's failure to arrange "an adequate lawyer" for Lindsay Sandiford is unlawful.
Lindsay Sandiford, of Gloucestershire, was convicted last week after she was found with 4.8kg (10.6lb) of cocaine.
Sandiford, 56, from Gloucestershire, was found guilty of drug trafficking after 4.8kg (10.6lb) of cocaine was found in her suitcase in May 2012.
Her case was taken up by a human rights charity which wanted judges to rule the Foreign Office's stance was unlawful.
She faces death by firing squad.
Ministers said the UK opposes the use of the death penalty and has raised the case through diplomatic channels.
Sandiford, 56, faces death by firing squad following the Bali court's verdict on 22 January.
The High Court heard a notice of appeal was filed with Indonesian officials earlier this week and she was given a 14-day deadline to file grounds of appeal.
The High Court heard a notice of appeal was filed with Indonesian officials earlier this week and she was given a 14-day deadline to file grounds of appeal.
The Foreign Office has said the government does not fund legal representation for British nationals abroad, but Sandiford's case was being raised through diplomatic channels.
The Foreign Office said the government does not fund legal representation for British nationals abroad.
Her case has been taken up by British human rights charity, Reprieve, which is seeking a judicial review of the government's decision at the High Court.
A spokesman said: "We strongly object to the death penalty and continue to provide consular assistance to Lindsay and her family during this difficult time."
The judges are expected to deliver their decision either later on Thursday, or on Friday.
Sandiford's case was taken up by the charity, Reprieve, which was seeking a judicial review of the government's decision. It said the government's position breached her "fundamental rights".
'Resources exhausted'
Aidan O'Neill QC, of law firm Leigh Day, said Sandiford was urgently in need of funding because she was currently without legal assistance and her family had exhausted all of their available resources.
He told Mrs Justice Gloster and Mrs Justice Nicola Davies that without government funding there was "no prospect" competent counsel would be appointed to represent her on appeal.
The Foreign Office could make arrangements, or provide funds to an expert non-governmental organisation like Reprieve, Mr O'Neill said.
The judges heard a lawyer had been found in Indonesia who was willing to waive fees and act pro bono, but required "operational costs" estimated at £2,500.
Mr O'Neill said the Foreign Office's blanket ban on providing legal representation to British nationals overseas meant it had unlawfully fettered its own discretion.
The government was breaching its obligation to the European Convention on Human Rights by failing to protect her right to life - and not to face the death penalty - he said.
The Foreign Office submitted evidence to the court showing that at present there are 13 British nationals who have received death sentences in foreign countries, and 51 others are potentially facing the same sentence.
Some, it says, have not requested British consular assistance while others have returned to the UK and are therefore not being assisted.
Mr O'Neill said if the government helped Sandiford it would not open the floodgates for other cases, as it feared.
Briton jailed
But Martin Chamberlain, appearing for the Foreign Office, said it would be difficult to limit a scheme of providing assistance to death sentence cases.
He suggested there would be pressure to extend it to other human rights cases where the "human dignity" of other British nationals came under threat.
Cases could include incidents where a Briton was "sentenced to 30 lashes because they are gay - or a sentence for driving a car because you are a woman".
Sandiford is originally from Redcar in Teesside but her last UK address was in Gloucestershire.
She was arrested after a flight from Bangkok, Thailand, and accused of being at the centre of a drugs ring involving three other Britons.
She has repeatedly denied she was attempting to sell drugs in Bali, insisting that she had been coerced into bringing cocaine into the island.
One of the Britons, Julian Ponder, 43, from Brighton, was jailed for six years earlier this week after being cleared of smuggling but convicted of possessing 23g of cocaine.
The two other Britons were also cleared of trafficking and received sentences of four years and one year each.
