Skip to main content

China: Sydney man Peter Gardner to face Guangzhou court over drug charges

Kalynda Davis, Peter Gardner
Hours before the Bali 9 duo were shot dead, another young Australian man came a step closer to facing execution overseas.

Sydney man Peter Gardner, 25, has had his death penalty case in a Chinese courtroom brought forward by almost 6 months and will go on trial in the southern metropolis of Guangzhou next Thursday, May 7, for allegedly attempting to export 30kg of methamphetamine, or ice.

Gardner's lawyer, New Zealand barrister Craig Tuck, said the reasons for the fast-tracked trial were unknown.

China executes thousands of people every year according to Amnesty International, and has killed at least a dozen foreign nationals in the past 15 years.

The opaque Chinese legal system operates on 3 levels: police, prosecutors and courts - all come under the control of the nation's ruling Communist Party. Once cases are passed to the courts, conviction rates are 99 % and Gardner's lawyers have previously said his fate all but certain.

Gardner is a dual New Zealand and Australian citizen. His father and 2 sisters live in Sydney while his mother is in New Zealand. They have declined to comment.

Gardner was with Australian woman Kalynda Davis - whom he met weeks earlier through an online dating site - when they were detained by customs officials in Guangzhou on November 8 after a 3-day visit. 2 bags being checked in by the couple were allegedly found to have 60kg of ice inside with their zips glued shut.

In a development that stunned China watchers, Davis was released after 4 weeks of negotiations between her China based lawyers and Chinese authorities with her long blonde hair roughly cropped after her lawyers argued she had no knowledge of the cargo.

"I knew she was so innocent. I prayed every night that the truth would come out, I prayed for the authorities, that it was dealt with in the way that it was dealt with, and our prayers were answered," her father Larry David said upon her release.

It is understood that Gardner's case was passed from the police to prosecutors several months ago but his lawyer said earlier this month that he did not expect the case to go to trial for 6 months. However on Tuesday night he said the trial date had moved to May 7.

"This is considerably earlier than expected. The trial will take place in Guangzhou Municipal Intermediate Court and is expected to last no more than two days,' he said in a statement.

"The Gardner family have requested privacy at this time and will not be making any comments to the media."

Since his detention, Gardner has been in a crowded Guangzhou detention centre with no heating or airconditioning. He has been sharing a room with up to 14 other people, according to sources.

Gardner is permitted one visit a month from a New Zealand embassy official, having travelled to China on his New Zealand passport.

Gardner is alleged to have been carrying 60 vacuum-packed plastic bags in 2 cases with the zips glued shut.

Chinese lawyers who spoke to News Corp Australia at the time of his detention said that his fate was all but certain. Under Chinese law anyone caught smuggling more than 50g of meth or heroin faces death by firing squad or lethal injection. Gardner has been charged in the very highest level of drug exportation, his lawyer said.

If he is found guilty and sentenced to death he automatically has the right to 2 appeals - to China's High People's Court and the Supreme Court Guangzhou, so it may be months after the trial before his fate will be decided. China's 3rd largest and most important city with a population of about 14 million people, once known in the west as Canton, is 100 kilometres up the Pearl River from Hong Kong.

It has a long history of criminal gangs and has been notorious for its drug trade since the Opium Wars Gangs manufactured huge quantities of methamphetamine and other synthetic drugs such as ecstasy and ketamine. It is also a major importing centre for cocaine.

Under the two-and-a-half-year-old regime of Chinese President Xi Jinxing, authorities have launched a major anti-drugs campaign and several gangs in Guangzhou have been reported in the Chinese media.

Guangzhou has also gained a reputation in Australia in recent years for rough justice. 2 Australian businesspeople, travel business operator Matthew Ng and tertiary institution founder Charlotte Chou, both received hefty sentences on the back of business disputes that involved

Communist Party official and business people with close party connections.

Chou was finally released after 6 years in December last year and in March, Ng became the 1st person to be transferred to Australia to complete his sentence under a deal signed in 2010.

Source: news.com.au, April 29, 2015

Report an error, an omission: deathpenaltynews@gmail.com

Most viewed (Last 7 days)

US | Conservative federal judge says death penalty for child sex crimes may be legal

June 24 (Reuters) - A conservative federal judge on Wednesday took the position that despite a 2008 U.S. Supreme Court ruling barring the death penalty for child rape, prosecutors today may be free to seek capital punishment in cases involving sexual offenses against children. St. Louis-based U.S. District Judge Joshua ​Divine, who was appointed to the bench only last year by Republican President Donald Trump, delivered his views in an unusual ‌court opinion issued on the same day he was set to sentence a Missouri man who faced a maximum prison term of 20 years.

Iraq: Saddam Hussein Execution was Moved Forward Because of Gaddafi Rescue Plans, Judge Says

Saddam Hussein's execution on December 30, 2006 The execution of former Iraqi President Saddam Hussein was accelerated due to the belief that the then Libyan leader, Muammar El-Gaddafi, had a plan to rescue him from prison, Judge Mounir Haddad revealed today. Hadad, who presided over the trial of Hussein, revealed to the Al-Arabiya Satellite Channel Point of Order program new details of the trial against the former president and his last moments before being hanged, including the 'health and welfare' votes for the magistrate himself . According to his testimony, the application of the death penalty to Saddam Hussein was precipitated because authorities knew that El-Gaddafi - later murdered in 2011 - was allegedly trying to bribe US guards who guarded him to rescue him from prison. He added that, contrary to previous reports from the local and US press, former Iraqi President Jalal Talabani gave his 'implicit approval' for Hussein's execution, an...

Two men executed with AK-47 for raping and murdering boy, 12, in Yemen as children watch on

“Public execution is an even more grotesque violation of human rights, particularly in a country where the ability of the accused to obtain adequate legal representation and the coverage of the process is highly limited.” --  Human Rights Watch director Sarah Leah Whitson TWO pedophiles have been executed with AK-47s in front of a bloodthirsty crowd for raping and murdering a 12-year-old boy in Yemen. Chilling images show Wadah Refat and Mohamed Khaled being marched at gunpoint through the port city of Aden. Yemen is one of the few countries in the world where capital punishment is legal, and even children were in attendance to watch the gruesome event. Refat, 28, and Khaled, 31, were condemned for the abduction, rape, and murder of a young boy who was snatched after playing next to the house of one of the men. The pair reportedly dragged him into their home and raped him. When sentencing the pair, The Daily Star reported that the judge said, "After ...

Might Ohio use electric chair again?

Electric chair at Southern Ohio Correctional Facility The difficulty of obtaining drugs for executions has some Ohio legislators talking about alternatives, including the electric chair. "There are other options," said Rep. Jim Buchy, R-Greenville, a co-sponsor of legislation to keep the supplier of execution drugs secret. "Rope is cheap," said state Sen. Bill Seitz, R-Cincinnati. No one is seriously suggesting - at least not yet - taking "Old Sparky," Ohio's electric chair, out of retirement, or returning to hanging, which the state abandoned in 1897. But Ohio's problem with lethal-injection drugs is coming to a head: The scheduled Feb. 15 execution of Ronald Phillips is 90 days away. Legislators are rushing to pass House Bill 663 before the lame-duck legislative session ends on Dec. 31 so that the Ohio Department of Rehabilitation and Correction can obtain drugs it needs at least a month before the execution. The legisla...

Florida | Former prison warden who oversaw executions urges corrections workers to not participate in them

Recently Florida carried out the execution of Dusty Spencer , a 74-year-old Marine veteran, for the murder of his wife, Karen, in 1992. It was the ninth Florida execution this year. For their own sake, I urge Florida’s corrections workers to refuse to carry out another one. Before you dismiss me as some soft lefty, you should know that I am an Air Force veteran. I voted for Ron DeSantis for governor twice—and for Donald Trump for president three times.

Halfway through the year, Saudi Arabia has already executed nearly 100 people

Almost 100 people executed so far this year as dozens more remain on death row for drug-related offences Saudi Arabian authorities have executed nearly 100 people so far this year, including at least 61 for drug-related offences, the latest of which was on 18 June. In response, Dana Ahmed, Middle East Researcher at Amnesty International, said today: “It is halfway through the year and Saudi Arabia has executed nearly 100 people, a grim milestone exposing the authorities’ unconscionable and unlawful use of the death penalty. Of the 96 people put to death already in 2026, an astounding 61 were executed for drug-related offences; 39 of them were foreign nationals and 22 Saudi nationals.

Florida executes Dusty Ray Spencer

74-year-old man becomes oldest inmate executed in modern Florida history  A 74-year-old man convicted of fatally stabbing his wife became the oldest person executed in Florida’s modern history on Thursday, and the state is scheduled to execute another 74-year-old inmate next month.  Dusty Ray Spencer was pronounced dead at 6:10 p.m. following a 3-drug injection at Florida State Prison near Starke. Spencer was convicted of the 1992 stabbing death of his wife Karen. 

Reports suggest Iran executed LGBT singer Mohsen Lorestani 6 December

“Mohsen Lorestani, a Kurdish singer from Kermanshah, was charged with ‘corruption on earth’ in a public complaint. His lawyer told Kurdistan Human Rights Network, ‘The alleged incidents happened in a private chat.’ If convicted, this charge could result in death sentence.” The Tehran court alleged that the singer posted ‘immoral’ content which seems to indicate flirting.  Iranian law appears to allow the execution of allegedly gay men despite no evidence of actual sexual activity. Indeed, the Iranian Foreign Minister defended the executions of gays and lesbians earlier this year. “Our society has moral principles and we live according to these principles.” Posts from Kurdish social media accounts suggest that Iran executed singer Mohsen Lorestani on 6 December. Although authorities detained the singer in March, news of his arrest only surfaced in October . He appeared in court before the notorious hanging judge Mohammad Moqisseh, infamous for his role in ...

ISIS releases images showing another 'gay man' being thrown off roof and stoned to death in Syria

Man thrown off roof and stoned to  death for being gay in Syria. Islamic State (ISIS) has released images appearing to show another man being thrown off a roof and stoned to death for being gay in Syria. Last month ISIS released extremely graphic images of the execution of two men for being gay in Mosul, Iraq, and earlier this month posted video of an similar incident in Tal Abyad, Syria . The group has now posted images of another execution in Raqqah, Syria. In the images, a man is thrown off a roof blindfolded, with his hands and feet bound. A large crowd gathered below the area to pelt his body with rocks. According to the Mail, the man had been accused of committing ‘acts of Sodomy’, and was referred to as a ‘Child of Lot’. Most of the images are too graphic to display on PinkNews, showing the man’s body amid a mound of rubble. In addition to men in the crowd, women in niqabs can be seen watching the execution in some of the unpublished pictures...

Indiana’s new prison already equipped for firing squads

Correction officials confirmed Westville can accommodate firing squad executions as lawmakers, the governor, and the U.S. Justice Department push for changes to protocols. As Indiana inches toward what could be its fourth state execution since resuming capital punishment, prison officials confirmed the state’s next correctional complex is already equipped for an execution method Hoosier lawmakers have yet to authorize. The Indiana Department of Correction confirmed to the Indiana Capital Chronicle that the new Westville Correctional Facility, now nearing completion, is designed to accommodate both lethal injection and firing squad executions. Indiana law currently allows only lethal injection.