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Kerry Arthur Danes and Kay Frances Danes are an Australian husband and wife who were controversially arrested on 23 December 2000 by authorities in Laos. The Danes were detained without charge in a detention centre in Vientiane, Laos for six months until formal charges were laid on 13 June 2001. On 28 June 2001, the Danes were taken to the Laotian Municipal Court in Vientiane where they faced trial. The already typed judgment was delivered within 25 minutes. The Danes were accused of embezzlement, destruction of evidence and violation of Laotian tax regulations. Found guilty, they were sentenced to 7 years imprisonment and ordered to pay compensation which led to the intervention of the Australian Government. On 6 November 2001 the Danes were pardoned by the President of Laos.

Kerry and Kay Danes Involvement

Kerry Arthur Danes, an Australian Special Forces Soldier working on leave without pay from the Australian Defence Force, was the Managing Director of a company that provided security to over 75 foreign investors, including United Nations, World Bank, International Monetary Fund, numerous Embassies, Hotels, Garment Factories and both domestic and international airports. He also provided security for GML. Before he fled Laos, Jeppesen appointed GML's security chief, Kerry Danes, to handle all GML's affairs. Kerry Danes also cosigned a letter from Jeppesen accusing members of the Laotian government of corruption. Reporter Richard Hughes was to say later "in 20–20 hindsight, we can safely state something that even Danes would now agree to – this was not a good move".

In November 2000 Jeppesen and Bruns fled to Denmark and the Laotian government convicted the couple In absentia for misappropriation from GML, sentenced them to 20 years imprisonment and ordered them to pay US$31 million dollars and 10.1 million kip in damages to the Laos Government. On 23 December 2000, Kerry Danes was detained and accused of involvement in the theft of 167 rough Sapphires and 3.2 kg of finished sapphires from a safe in the Vientiane office of GML although it was to be another six months before he was informed of the charges. In January 2001, it was reported that Kerry Danes, was being held as a foreign agent by the Laotian secret police and would be charged with spying.

Hours after her husband's arrest, Kay Danes was detained at the Lao-Thai border. She was in the company of Australian Embassy officials who were attempting to evacuate Kay Danes and the couple's two children from the country. US$50,000 in cash was found in her possession, the payroll for wages and other expenses for DP Protection Services, the Dane's Thailand based security company. According to the Danes' lawyer, Ted Tzovaras the cash became a non-issue and was returned to the Danes at the court hearing of 28 June 2001 along with a further $98,000 that was frozen in the couple's local bank account. The couple were held without charges being laid for six months. Bjarne Jeppesen later said he believed Doyle had bribed Laos authorities to pursue the case against the Danes as a way to enhance the Doyle/Wolf/Shugg team's chances of winning control of the mine.

In September 2001, Australian Ambassador Jonathan Thwaites explained on ABC's Australian Story why he believed Laos held the couple:

"It's very difficult for the Lao authorities to accept that there's anything much wrong with a situation where people may take the rap for something that they didn't do. As they said to us on a number of occasions, 'if the Danes had been released, where does that leave us? How can we get the compensation for all the damage that has been done to the Laotian people over the years by Gem Mining Lao? Don't be too fussed about the connection between the Danes and Gem Mining Lao. The Danes are all we've got left.'"

Trial

In early 2001 the Danes' legal representation submitted a 317 page submission based on affidavits, forensic accounting, witness testimony and Laotian law. Evidence indicated that Kerry Danes did not have the key or combination to the GML safe from which the sapphires were taken and included documents showing that on 29 May 2000, Jeppeson telephoned the Laotian Manager and asked him to collect the jewelry and take it to them in Thailand. It was also shown that Bruns had presented the sapphires to the New Zealand Embassy on 24 January 2001 for verification of ownership. This submission was never referred to in the Laotian court. In the Laotian legal system no-one has ever been acquitted once charged. The Defence never argues that the accused are not guilty. The normal function of a Defence lawyer in a Laotian court is to argue mitigating circumstances and the extent of the defendant's co-operation before asking for clemency.

The couple were tried on 28 June 2001 in the Vientiane Municipal Court. The trial lasted five hours, and the already typed judgment was delivered within 25 minutes. The Danes were sentenced to seven years imprisonment for embezzlement, destruction of evidence and tax evasion and fined $463,885 and 700 baht for the stolen property and $66,847 for the tax debt. The Danes appealed.

Evidence presented at the trial included a contract signed by Jeppesen, allowing the couple to sell the company’s property because GML owed the Danes money (sapphires owned by GML can't be sold without government approval) but the main evidence was that the Danes had opened a bank account, under the allegedly false company name DP Protection Service Co, and the amount in the account was close to the claimed value of the stolen Sapphires.

Aftermath

After extensive political lobbying between the Australian and Laotian governments, Foreign Minister Alexander Downer negotiated a settlement. The Danes would drop their appeal and pay $1 million compensation in exchange for release. August 2001, a Laotian government official stated, "the Government was prepared to release the couple and a release should by no means be viewed as a pardon" as it would only be an exercise to smooth bilateral relations between Laos and Australia. The appeal failed while they considered the settlement and "in desperation" they signed the compensation bill. On 27 September 2001, the Australian Ambassador to Laos, Jonathan Thwaites, signed a "note" stating that the Australian Government would make sure that the Danes pay the fines and the Danes later signed the bail form accepting the court's verdict on 4 October. Kerry and Kay Danes were released on 8 October and placed under house arrest at the residence of the Ambassador but not permitted to leave the country. The Danes then requested a pardon with a promise to pay the fines.

On 6 November the Laotian President Khamtay Siphandone signed a decree pardoning the Danes by means of a third party note between two governments. The document was placed under the protection of National Security by the Australian Government and is not available to the public or to the Danes who have attempted to obtain a copy under the Australian Freedom of Information Act. "I am delighted that Kerry and Kay Danes have been pardoned by Laotian President Khamtay Siphandone today," Foreign Minister Downer stated on 6 November 2001. The Laos government has since condemned the couple for failing to meet the terms of their pardon, claiming the Danes failed to pay the fines and have "embarked upon a campaign against the Lao Government." Lao authorities stated that conditions in the prison were considered "good and suitable" considering the current social and economic development of Laos.

At the time of the Danes' release, the Australian Government officials who were advising them said that the agreement was simply a diplomatic face-saving exercise. Alexander Downer stated the Laotian Government was given no guarantee that the Danes would pay the compensation nor would the Australian Government enforce payment. Laos officials said the couple agreed to admit guilt as part of the release deal but Canberra maintains the Danes did not admit guilt, and that they only acknowledged they had been found guilty by the Laotian court.

Kerry Danes resumed service with the Australian Defence Force (Special Operations Command) and in 2012 was awarded the Conspicuous Service Medal for dedication to duty in non-war like situations. He has taken part in several operational tours in Afghanistan and currently holds the position of Assistant Defence Attache to the Australian Embassy in Saudi Arabia. Kay Danes became a human rights advocate and in 2012 was named as an Australian of the Year state finalist. She has spoken before several U.S. Congressional Forums in relation to Laos. Kay is employed by the Australian Department of Foreign Affairs and Trade.

Publications

Kay Danes has written books about the ordeal, including:

• Danes, Kay (2009). Standing Ground: An Imprisoned Couple's Struggle for Justice Against a Communist Regime. Australia: New Holland. ISBN 978-1-74110-757-9.
• Danes, Kay (2008). Families Behind Bars: Stories of injustice, endurance and hope. Australia: New Holland Publishers. ISBN 978-1-74110-676-3..
• Danes, Kay (2006). Nightmare in Laos : the true story of a woman imprisoned in a Communist gulag. Ireland: Maverick House Publishers. ISBN 978-1-905379-08-8.
• Danes, Kay (2002). Deliver us from evil : bad things do happen to good people. North Melbourne, Victoria: Crown Content. ISBN 1-74095-025-9.

See also

• List of Australians imprisoned or executed abroad
• Punishment in Laos

References

1. "LAO PEOPLES DEMOCRATIC REPUBLIC. The laws are promulgated but have no impact on the people: Torture, ill-treatment and hidden suffering in detention". Amnesty International. 26 July 2002. Archived from the original on 11 September 2009. Retrieved 11 December 2012.
2. "Questions Without Notice: Danes, Mr Kerry and Mrs Kay" (PDF). Australian House of Representatives. 4 April 2001. p. 26402. Retrieved 11 December 2012.
3. ^ "On Their Honour (Transcript)". Australian Story. Australian Broadcasting Corporation. 18 March 2002. Retrieved 11 December 2012.
4. Downer, Alexander (6 November 2001). "Australian Minister for Foreign Affairs" (Press release). Commonwealth of Australia. Retrieved 11 December 2012.
5. "Fears for Couple Seized in Laos". BBC News Online. 3 January 2001. Retrieved 11 December 2012.
6. LoBaido, Anthony (4 January 2001). "A Laos-y double cross". World Net Daily. Archived from the original on 26 August 2006. {{cite news}}: |archive-date= / |archive-url= timestamp mismatch; 28 August 2006 suggested (help)
7. Townsend, Ian (30 March 2001). "Hopes Australian couple jailed in Laos will soon be released". The World Today. Retrieved 11 December 2012.
8. Pedersen, Daniel (23 July 2007). "A Journalists Life (article compilation)". Tasmanian Times. Retrieved 11 December 2012.
9. "Danes Jailed". ABC News. 28 June 2001.
10. ^ "Released Australian Couple Slanders Government" (Press release). Permanent Mission of the Laotian People's Democratic Republic to the United Nations. 5 September 2002. Archived from the original on 6 June 2011. Retrieved 11 December 2012.
11. "Laos government asks Danes for $1m". ABC News online. 27 August 2002. Retrieved 11 December 2012.
12. "Laos pardons jailed Australian couple". CNN online. 07 November 2001. Retrieved 11 December 2012. {{cite web}}: Check date values in: |date= (help)
13. "Defence Section: Australian Embassy Defence Personnel". Australian Embassy, Saudi Arabia. Retrieved 11 December 2012.
14. "State Finalist Australian of the Year 2012: Kay Danes". Australian of the Year Awards. Retrieved 11 December 2012.

External links

• http://www.kaydanes.com
• http://www.myaustralia.ws/danes/kd.pdf
• http://www.amnesty.org/en/library/asset/ASA26/004/2002/en/dom-ASA260042002en.html

• Use dmy dates from August 2011
• Married couples
• Australian people imprisoned abroad
• Recipients of Laotian presidential pardons
• Living people
• Australia–Laos relations