Kerry and Kay Danes
Kerry and Kay Danes | |
|---|---|
| Born | Kerry Arthur Danes 21 October 1958 |
| Occupations | Security manager, soldier |
| Criminal status | Arbitrary Detainment in Laos 23 December 2000 Released 6 October 2001 Pardoned 6 November 2001 (convictions absolved) |
| Spouse(s) | Kay Frances Danes (same convictions and pardon as husband) |
| Convictions | Embezzlement, tax evasion and destruction of evidence. (June 2001) (Laos) |
| Criminal penalty | 7 years prison (2000-07) 10 months served (2000-01) $AUD1.1 million fines and compensation by formal agreement to be paid in instalments to the Laos government |
Kerry Arthur Danes, born 21 October 1958 in Longreach, Queensland, was at the time of his arbitrary detainment in Laos, a member of the Australian Defence Force's Special Air Service Regiment, holding the rank of Warrant Officer Class Two. His wife Kay Frances Danes (née Stewart) was born 20 October 1967 in Wynnum, Queensland. The couple went to Laos in 1999 with their three children and were employed as security managers for a British-owned security company Jardine Securicor.
On 23 December 2000, Kerry and Kay Danes were arbitrarily detained in Laos, and later subjected to a judicial process that did not allow them to participate in their own defence, which violates Article 9 of the Universal Declaration of Human Rights and Article 14 of the International Covenant on Civil and Political Rights regarding fair trial guarantees.
Australian lawyer, Ted Tzovaras, compiled statements from those involved with the matters, proclaiming the Danes' innocence, which the court refused to let him present. Kerry and Kay Danes were convicted of embezzlement, tax evasion and destruction of evidence. They were ordered to pay fines and compensation of $AUD1.1 million. Their appeal to the Supreme Court was dismissed before it was heard. The case has provoked outrage in Australia.
Upon the conclusion of all legal proceedings, the Australian government intervened on their behalf. Australian authorities believed the Danes were innocent, and went to great lengths to secure their release. Australian Prime Minister John Howard and the former governor-general Sir William Deane, and Foreign Affairs Minister Alexander Downer made direct appeals to the Laos Government for their release.
Kerry and Kay Danes were provisionally released on 6 October 2001. The pair signed a formal agreement to pay their fines by instalments, and a presidential pardon was granted on 6 November 2001, which enabled their return to Australia.