A STUDYGUIDE by MArguerite O’HArA

www.metromagazine.com.au

www.theeducationshop.com.au

You are a bit nervous but hope

you’ll get through. Airport secu-

rity is suspicious and searches

you. The drugs are found and you are

detained, arrested and charged with drug

trafficking. At the trial, almost two years

after your arrest, you are found guilty. The

penalty for trafficking fifteen grams of

heroin or more is death.

For more than a year your lawyers go

through various appeal processes but you

feel increasingly despondent as judges

in this country have no discretion about

sentencing for drug smuggling.

Your mother and your friends visit as

often as they can, but as a condemned

prisoner there is no hugging or touching

and you are a long way from home. You

know how worried they are and feel ter-

rible for causing your friends and family

so much pain and shame.

The appeals have all failed including a

plea from the Australian government to

spare your life. You now have only a few

days to live before you are hanged.

Imagine you were offered the chance to pay off your debts

by carrying drugs into Australia from an Asian country. The

package weighs almost 400 grams, less than a half kilo

bag of sugar. You know there are heavy penalties if you are

found with the stuff but decide to take the risk, carefully

concealing the drugs in your luggage and on you.

Khoa NguyeN departs MelbourNe

2SCREEN EDUCATION

Just Punishment

Just Punishment is a one-hour documentary film about the legal processes and the human story that led to the hanging of Van Nguyen in Singapore in December 2005. In telling the story behind the fight to save his life, it asks us to consider whether this was just punishment.

Synopsis

On 2 December 2005 Van Nguyen, a

24-year-old Australian, was hanged by

the state of Singapore for trafficking 396

grams of heroin. Van was the first Aus-

tralian to be executed in many years and

his story flooded news outlets across the

country. Filmed over two years, Just Pun-ishment tells the story behind the media

face of Van Nguyen and the remarkable

journey to try to keep him alive.

In the weeks preceding Van Nguyen’s

hanging, the Australian public was

gripped by media reports detailing the

unceasing efforts to save the young

drug dealer’s life. Despite the number

of states within the Asian region who

practise capital punishment, it had been

twelve years since an Australian citizen

faced execution. The media interest was

intense, diplomatic tension ensued and

public opinion was split.

Van became the pin-up boy for a number

of causes: a symbol of the injustice of

Singapore’s mandatory death sentence

system, a lesson on the impact of drug

trafficking and an example of the power

of reformation. At the moment of his

execution, thousands of people attended

vigils and church services across the

country. Van Nguyen’s story had cap-

tured a nation.

Three years earlier, Van was arrested

whilst in transit at Singapore’s Changi

Airport. He was found with heroin

strapped to his body and in his hand

luggage. Under Singapore’s strict drug

laws he automatically faced a mandatory

death sentence. Van was not a seasoned

drug trafficker, he had no prior criminal

record and this trip was the first time he

had left Australia.

Van’s friends and family were shocked by

the news of his arrest, including his twin

brother who was, in part, the motivation

for Van’s ill-fated trip. His arrest brought

together an unlikely group who formed

Van’s inner circle as his case moved from

legal process to a diplomatic plea.

Just Punishment traces Van’s change

from naive, young man to someone who

became wise beyond his years, who in

the face of the hangman’s noose came to

fearlessly accept his fate and leave peace

in the hearts of those who fought to save

him. Told through a mixture of exclusive

interviews, unseen observational footage

and excerpts from Van’s prison diaries,

Just Punishment tracks the personal

stories of Van and his inner circle over

the two years from death sentence to

execution.

Van Nguyen’s story affected everyone

who came to know it, from those closest

to him to the highest levels of Australian

politics. It is a story that is guaranteed to

remain in our conscience for a while yet.

Curriculum Relevance

Just Punishment will have relevance for

middle and senior secondary students of:

Legal Studies – understanding the -

ways in which legal and human proc-

esses are both intricately connected

and subject to inflexible laws.

Politics – understanding both the -

limits and complexities involved in

aboVe: broNNi – reachout caMpaigN right: KiM NgyueN

3SCREEN EDUCATION

Just Punishment

applying diplomatic pressure within a

regional setting.

International Studies – the differences -

in legal approaches within different

societies in the same region.

Studies of Society – a study of what -

both divides and connects people

from different backgrounds and

cultures.

Media Studies – constructing a docu- -

mentary with a committed perspec-

tive.

English – looking at social and politi- -

cal issues as part of a study of Issues

and Argument.

The film demonstrates how a legal and

political case can best be understood

through developing an understanding of

its human dimensions. The activities in

this guide encourage students to look at

the film from three related perspectives:

The human stories of the people 1.

involved

The legal and moral issues2.

The process of constructing the 3.

documentary

Before watching the film, it is suggested

that teachers read through the back-

ground information about the people in

the film, capital punishment and the film-

makers’ intentions.

People in the film

The fAmIlYVan Tuong Nguyen – the convicted -

drug smuggler

Kim Nguyen – mother of Van and -

Khoa

Khoa Nguyen – Van’s twin brother -

(Vietnamese names are often written in

the following order: family or surname,

middle name, given name. This is the

opposite of names in Australia. Nguyen

is the most common family name in Viet-

nam, as Smith is here)

The frIeNDSKelly Ng, Goldgan Ng, Bronwyn Lew -

The polITIcIANSJohn Howard – Prime Minister of -

Australia

Alexander Downer – Foreign Minister -

of Australia

Lee Hsieng Loong – Prime Minister of -

Singapore

Kim Beazley – then leader of the -

Australian Opposition

Rob Hulls – Victorian Attorney- -

General

The lAwYerSJulian McMahon – Melbourne bar- -

rister

Lex Lasry – Melbourne Queen’s -

Counsel (QC)

Joseph Theseira – Van’s Singaporean -

lawyer

Capital Punishment

Capital punishment is the state sanc-

tioned taking of a person’s life as the

penalty for committing a crime.

Here is some background information on

the current situation concerning the use

of capital punishment in Australasia. It

comes from a Lowy Institute Report, the

complete text of which can be accessed

at: http://www.lowyinstitute.org/

Publication.asp?pid=433

Below is a summary of the major points.

• Seventy-onecountriesandterritories

around the world retain and use the

death penalty.

• FifteenAsianstatesretainthedeath

penalty for ordinary crimes (i.e. crimes

other than terrorism).

• Singaporeexecutesmorepeopleper

capita than any other country in the

world: 6.9 executions per one million

people.

• FiveAsiancountrieshaveabolished

the death penalty over the last decade;

these include Cambodia, Nepal, Timor-

leFt: KiM & broNNi – couNtdowN begiNs aboVe: Kelly Ng

4SCREEN EDUCATION

Just Punishment

Leste, Bhutan & the Philippines.

• Studieshaveshownthedeathpenalty

is disproportionately imposed on the

poorest, least educated and most

vulnerable members of society.

• VanNguyenwasthefirstAustralian

to be executed in Singapore since

independence and the first Australian

executed overseas since 1993.

• In1967,RonaldRyanwasthelast

person hanged in Australia.

• Australiahasabolishedthedeathpen-

alty in all states.

• Australianpublicopinionisdividedon

the merits of the death penalty.

• Australiaisasignatorytointernational

covenants that denounce the use of

capital punishment for all crimes as an

issue of human rights.

In December 2005, what did Austral-ians think about the application of the death penalty, particularly just days before Van Nguyen’s execution?

Two days before Van Nguyen was

hanged in Singapore, a Morgan Poll was

conducted in Australia and people were

asked whether they thought he should

be executed for his crime. The results

showed people to be evenly divided:

• Forty-sevenpercentsaidthedeath

penalty should be carried out

• Forty-sixpercentsaidthedeathpen-

alty should not be carried out

• Sevenpercentwereundecided.

The poll also showed that only twenty-

seven per cent of people believed the

penalty for murder should be death,

sixty-six per cent said imprisonment

should be the penalty and seven per cent

could not say.1

The filmmakers

Liz Burke – co-producer of Just Punish-ment and then Executive Producer of

Open Channel Productions, a screen

development and resource centre in

Melbourne.

Kim Beamish – writer, director and co-

producer of Just PunishmentShannon Owen – writer, director and co-

producer of Just Punishment

In their Directors’ Statement about the

making of Just Punishment, Beamish and

Owen acknowledge their committed po-

sition in relation to opposition to capital

punishment when they say about the film:

In some small way we hope it echoes the campaign purpose in which it was originally conceived; and that it chal-lenges audiences to rethink their position in relation not only to Van’s execution but to the question of capital punishment in all cases.

(The complete text of the Directors’

Statement is included later in this guide)

MelbourNe airport

5SCREEN EDUCATION

Just Punishment

Activity 1

Before watching the film

• Makeaclasslistofwhatyoubelieve

are the purposes of punishment for

people who have been convicted of

lawbreaking?

• Whatdoyoubelievearethemostseri-

ous crimes?

• Whatlegalpenaltiesshouldbeapplied

to those convicted of committing seri-

ous crimes?

• Shouldjudgesandjuriestakeintoac-

count the age of offenders in handing

down sentences?

• Shouldjudgesbeabletoimpose

lighter sentences on people who co-

operate with authorities, particularly

when this leads to the arrest of major

criminals, so-called ‘Big Fish’?

• Shouldindividualsconvictedofcrimes

in other countries be allowed to serve

their sentences in their country of

citizenship?

• Termsusedinnewspaperstochar-

acterize those accused of crimes or

connected to alleged criminals are

oftenloadedwithconnotations.Which

of these terms used in headlines

predispose readers to view the person

negatively – drug mule, drug smug-

gler, drug courier, drug trafficker, drug

boss?Whichtermsaremostlikelyto

invite public condemnation?

• Listtheargumentsinfavourofcapital

punishment that might be offered by

Governments such as those of Singa-

pore, China, Iran and several states in

America who still impose this ultimate

penalty for a range of crimes.

• Shouldgovernmentsevertakeanother

person’s life as punishment for com-

mitting a crime? If so, list crimes where

you think such a penalty is justified

Activity 2

Watching the film

As suggested earlier in this guide, there

are three interrelated stories in this film:

(1) the human story, (2) the legal and

moral issues and (3) the process involved

in constructing the documentary. These

three elements are tightly interwoven in

the film, particularly through the editing.

Questions under one heading often relate

to all three aspects of the film.

Different groups of students could focus

on their allocated or chosen area as they

watch the film. Afterwards, students

could share their responses and observa-

tions in bringing it all together.

1. the Human Story – family and friends

• Howdotheopeningscenesandthe

voiceover at Van’s funeral in Mel-

bourne’s St. Patrick’s Cathedral estab-

lish something of the mood and tone of

this film?

• WhatdoesKhoa,Van’stwinbrother

have to say at this stage of the film

about what has happened to his

brother?

• WhatdoesKimNguyen(thetwins’

mother) say about the difference

between her two sons as they were

growing up?

• WhatisKellyNg’sconnectiontothe

Nguyen family and particularly to Van?

• AsthelegalteampreparefortheAp-

peal against Van’s conviction, what

do we learn about Van’s life since

completing school?

• HowdoesBronwyn(Van’sex-girlfriend)

leFt: lex aNd JuliaN at appeal

6SCREEN EDUCATION

Just Punishment

describe her meeting with Van in

Changi prison?

• WhatdoesKellyNgtellusaboutthe

glass separating prisoner from visitor?

• InwhatcontextisKimNguyenpre-

sented at this stage in the film?

• HowdoKellyNg,JulianMcMahonand

Lex Lasry react to the outcome of the

Appeal?

How Khoa, Van and the family and friends are dealing with the changing situation

• WhatisKhoa’sstateofmindatthis

stage in the process to save his

brother? How does he suggest being

a ‘junkie’ affected his behaviour and

feelings?

• Whatdothevoiceoverexcerptsfrom

Van’s diary indicate about his mental

state at this time?

• Whatpublicandhighlysymbolic

campaign do Van’s friends, Kelly and

Bronni, organize to let the Singapore

Prime Minister know how people feel

about the imminent hanging of Van

Nguyen?

Final days and pleas for compassion

• WhatdothequotesfromVan’sdiary

suggest about his mental and spiritual

state?

• HowdoesLasrydescribethechanges

he has observed in Van?

• DoeshesharethereligiousfaithVan

now seems to have embraced?

• WhenKimNguyenmeetswithJohn

Howard about her son, how does she

report his response to her to the law-

yers and others committed to saving

Van’s life?

• Whenallhopeseemslost,whatdoes

Kim, Van’s mother, say about the deci-

sion to execute her son?

2. the legal and moral issues and the lawyers

• Howmuchtimewastherebetween

Van’s arrest and his execution?

• Thescreentext‘TheAppeal,Mel-

bourne, 12th May 2004’ introduces us

to the two Melbourne lawyers who

workedtosaveVan’slife.Whoare

they?

• HowdidMcMahonandLasryeach

become involved in Van’s case?

• Howdoeseachlawyertalkaboutthe

death penalty?

• Doestheappealprocessallowforany

consideration of matters about Van’s

life and character?

• Onwhatgroundsistheappealagainst

the judgement being made?

• WhatdoesJosephTheseira,Van’s

Singaporean lawyer, want the court to

understand about this case?

• AreSingaporeanjudgesallowedany

flexibility in sentencing people con-

victed of drug offences?

• WhatdowelearnfromLasry’saccount

of what happened in the courtroom

during the appeal hearing? On what

evidence do the chances of the initial

verdict being overturned depend?

Awaiting the result of the Appeal

• WhatdoesGoldganNg,Van’sschool

friend who is in Singapore, have to say

about Singaporean attitudes to the

sentencing of drug traffickers?

• Howdoesheexplainwhyhisattitude

is different?

• WhatistheoutcomeoftheAppeal?

• WhatdoyouthinkLasrymeanswhen

he describes the result of the Appeal

process as ‘just another very brief and

very impersonal and unsympathetic

legal proceeding’.

The international stage and the politi-cians

• WhatdoesMrHowardrequestand

how does Mr Lee respond?

• WhatisMrLee’sstatedreasonsfor

Singapore’s firm line on this issue?

• WhatisAustralianForeignMinister

Downer’s view on the proposed execu-

tion?Whoelsedoeshesayhasmade

diplomatic representations to Singa-

pore on Van’s behalf?

Applying for clemency – the next stage in the legal process

• WhatdoesJulianMcMahonreveal

about the chances of a successful

clemency appeal?

• Someofthereasonsforrequesting

aboVe: Khoa NguyeN oN the eVe oF VaN’s executioN. right: KiM with VaN’s coFFiN

7SCREEN EDUCATION

Just Punishment

clemency for Van which the lawyers,

McMahon, Lasry and Theseira, intend

to include in the appeal are: youth;

personal and family circumstances;

first offence; lack of professionalism;

lack of intent to take the drugs into

Singapore;andrelativelylowquantity

by reference to other cases. Do you

think any, or all of these matters, are

relevant?

• HowdoMcMahon,LasryandTheseira

deal with the news that the clemency

requesthasbeenrefusedbytheSin-

gapore government?

• WhatfinalattemptdoesLasrymaketo

stop the execution of Van?

• HowdoestheAustralianParliament

respond to the decision in Singapore

to hang Van Nguyen?

• Abouthowmanypeopleareexecuted

in Singapore each year?

• WhatisLasry’sviewaboutwhetherhis

client should receive different treat-

ment to the other prisoners on death

row?

• WhatistheindicationthatHowardis

very angry about the process involved

in announcing the date for the death

penalty being carried out on Van?

• WhatdoyouthinkLasrymeanswhen

he says the following?

This case is now about the next case … I mean the consequences of this case for other cases, it may be that Van’s death and the publicity surround-ing it and the campaign we’ve run will help someone else. And if it does that, that’d be fantastic. And so it’s worth doing for that.

• Howdoweknowthatthelawyersare

emotionally committed to this case and

the people involved?

3. the process of constructing a documentary

• Whatdowelearnaboutthiscasefrom

the opening statements in the audio

as we watch the funeral scenes at the

Cathedral before the film’s title appears

on screen?

• Howarethefilmmakers,andus,the

viewers of this film, able to know about

the imprisoned Van’s sense of what he

did and why?

• Whatdoesthehomevideofootageof

boththeMountWaverleyHighSchool

1998 formal and Kelly’s twenty-first

birthday party establish about Van?

Arriving in Singapore

• WhatisyourimpressionofSingapore

in these opening shots?

• Twosignsarefeaturedinthisfootage.

Whatassertionsdotheymakeabout

Singapore and citizens’ rights and

responsibilities?

• Howdoesthevoiceoverextractfrom

Van’s diary at this point bring him back

to centre stage in the film?

• Whatcontrastisbeingimplied

between the settings in which Sin-

gapore’s Prime Minister Lee Hsieng

Loong and Australian Prime Minister,

John Howard, meet in the Colonial Era

Palace and the situation in which Van

finds himself?

Final days

• Whatdothenewsreports,the‘onthe

streets of Melbourne’ scenes and what

people are saying, tell us about how

people feel about this issue?

• Whilewedonotwitnessthefinalvisits

with Van, the depth of feeling of eve-

ryone involved is made clear through

what we see and hear at this point in

the film. Explain how this intensity is

conveyed by the filmmakers, particu-

larly in the shooting of the scenes of

family, friends and lawyers leaving

Changi prison.

• ThereportsofVan’svisitorsandthe

excerpts from his diary suggest that

since his conviction, Van has un-

dergone a spiritual transformation –

‘completely rehabilitated, completely

reformed … completely focused on

doing what is good’ (Julian McMahon).

Whilethesechangesmaymakeiteven

more difficult for people to accept his

execution, should repentance and re-

morse affect our view of the rights and

wrongs of capital punishment?

• Afterthefulllistofcreditshasap-

peared, these words from Van appear

on the screen:

Final words – symbols

and ongoing commitment to the

causeduring the final footage of Van’s white funeral, we hear several voices of those involved in this

case.

lasry says: We’re going to talk about the case … as a symbol in relationship to the fight against mandatory death penalty, the symbol for transformation and

the symbol for … changing and improving the situation, no matter

how difficult.

KiM NguyeN says: I want to make Van happy. I have to

promise him … don’t feel sad … let him go happy.

Khoa says: It doesn’t do anything that can help anyone if I

continue to blame myself.

JuliaN McMahoN says: Justice is one of the elements that make up a society, a community and how we deal with justice, how we treat those who offend the principles of justice is who we

are and how we live and what we say about ourselves.

VaN, FroM his diary, writes: I am not special, nor am I most of the other great things said about me. I’m of no more value than the person next to me, nor am I any less. I think I understand now, I wasn’t born to die, you Lord

created me to live.

8SCREEN EDUCATION

Just Punishment

Love with all your heartNever give up tryingNever forsakeAnd expect nothing in return.

In ending with the words of Van, what

final impression do you think the filmmak-

ers want us to take from the film?

Activity 3

The wider issues raised by this film for

discussion and/or writing:

• Inwhatwaydoesthetitleofthisfilm,

Just Punishment, play on the different

uses and meanings of the word ‘just’?

• OneofthestatedreasonsforSinga-

pore and other countries retaining the

death penalty for drug trafficking is that

it acts as a powerful deterrent. How

could the truth of such a claim be reli-

ably tested?

• Shouldbackgroundinformationand

submissions about the character and

background of a convicted criminal be

allowed to be used as part of the legal

process in varying a sentence or in

other appeal processes?

• ThepolltakendaysbeforeVanNguy-

en’s execution in Singapore showed

that forty-seven per cent of Australians

supported this action. Do you think this

result suggests:

• arespectfortherightofother

countries to impose their own legal

penalties on convicted people who

commit crimes within that country.

• abeliefintheimpositionofthedeath

penalty for drug trafficking as a

strong deterrent.

• abeliefthatmanysentencesare

commutedorinadequate.

• asensethatrevengeisanappropri-

ate response to the seriousness of

some crimes.

• alloftheabove.

• Whilethisfilmis,asthewritersand

directors acknowledge, ‘not an easy

film to watch, and not an easy film to

make’, what approach does it depend

on to make its points and engage our

hearts and minds?

• Ifthisfilmhadbeenmade,ofcoursein

a different form, and shown on televi-

sion in the months preceding Van’s

execution, do you think it may have

changed the outcome?

• HowdoyouthinkpeopleinSingapore

would respond to this film, if it were

ever to be shown there?

• ShouldAustraliabesupportingthe

application of the death penalty in

relation to the convicted Bali bombers,

while opposing it in relation to our own

nationals convicted of crimes attracting

the death penalty in Asian countries?

• Asthesisterorbrotherofsomeone

whose life has been destroyed through

an addiction to illegal drugs, outline

what you believe is the best way to

stop the destruction of lives through

involvement with selling and/or using

illegal drugs such as heroin, cocaine

and methamphetamine (‘ice’). Consider

issues such as legalization, stricter

penalties for sale and/or use, educa-

tion programs, zero tolerance, more

safe injecting rooms and better border

and airport security and detection of

importation of drugs.

• DoyouthinkthatwatchingJust Pun-ishment is likely to have any effect on

the seven per cent of people men-

tioned in the survey earlier who were

‘undecided’ about the use of the death

penalty in Van Nguyen’s case?

• Writea200-wordreviewofthisdocu-

mentary for a television guide, outlining

where to now For those challenging the death penalty?

a recent report in The Age (29 april 2007),2 reported that lex lasry and Julian McMahon are part of the legal team now fighting to save the so called ‘bali Nine’ members, andrew chan and Myuran sukamaran, from the death penalty imposed

by the indonesian court for drug offences.

however, this time the legal action is taking the form of a landmark constitutional challenge to the death penalty in indonesia.

in particular, it is a challenge to the constitutionality of the indonesian drug legislation under which the men were convicted and sentenced.

in 1999 the indonesian constitution was amended to include an article stating that the right to life ‘cannot be diminished under any circumstances’. the indonesian

drugs laws then, and still in place, contain the death penalty.

‘the argument is that the death penalties are in breach of the constitution as it now stands.’ (lex lasry, Qc)

the australian barristers will not stand at the bar table in this court and speak. indonesian lawyers will present the case because non-indonesian lawyers have no

standing in the constitutional court.

the case is expected to run for some months.

9SCREEN EDUCATION

Just Punishment

thefilm’squalitiesandrecommending

it, or not, to viewers.

• TheimageontheDVDcovershows

Van’s mother by his coffin. Do you

think this is a good image to use or

are there others that you think better

express your sense of the film’s mean-

ing?

Directors’ Statement

Whenwewerefirstapproachedabout

following Van’s story we were skepti-

cal. A young heroin trafficker was to be

sentenced to death sometime in the next

month and his lawyer thought a docu-

mentary could be a vital component in

thepushtosavehislife.Whiletherewas

no doubt in both our minds that as a

basic issue of human rights, this young

guy’s life should be spared, we were im-

mediately wary of the assumption that a

documentary would be effective spin in

apoliticalcampaign.Wedidn’twantto

airbrush the story’s blemishes away, and

we also knew there was no guarantee in

the world of broadcasting that anything

we made would go to air at a strategic

campaign moment.

Like most great documentary ideas that

every second person wants to tell you

about, there wasn’t a pot of gold to get

the project started. So it was with trepi-

dation that we began to plot the feasibil-

ity of creating an unfunded masterpiece

in the six months we were advised it

would take for Van Nguyen’s sentence to

be overturned or for his fate to be sealed.

Withnotimetoapplyforfundingthrough

the normal documentary routes, we, like

Van’s lawyers, approached the film ‘pro

bono’.WhenthedateofVan’ssentenc-

ing was announced, we jumped on the

phone to try and convince someone,

anyone, to support us getting to Singa-

pore. At the eleventh hour with a mixture

of philanthropic and in-kind support we

booked a ticket to Singapore for the first

leg of production. It seemed we were

now committed to seeing this through.

Like all good stories the more we dug

the more engrossed we became. It was

meeting Van’s friends that spurred our

commitment to uncovering Van’s story.

At each new meeting their loyalty was

overwhelming and it was through their

descriptions of Van that a profile of an

entertaining and generous personality

behind a façade of ‘cool’ grew. Even

without meeting him, Van’s charisma was

magnetic.

Thefilm’scentralquestionwasformed

through observing Van’s friends and

family. How would you cope if your

brother, your son or your friend, at the

prime of their youth, was sentenced to be

executed? The more we filmed, the more

we realized that this was the unseen ef-

fect of capital punishment. This wave of

suffering illustrated, more than anything,

the injustice of state-sanctioned killing.

Kim, Van’s mother, is at the heart of this,

and her willingness to be involved in the

film was integral to our ability to tell Van’s

storyinthisway.When,inJuly2004,

Van’s appeal verdict was adjourned ‘to

a date to be fixed’ we realized that our

initialsixmonthtimelinewouldquickly

pass us by. Six months soon became

two years and over this time Kim became

as determined as we did for Van’s story

tobetold.Wehavebeencriticizedas

exploitative, for observing Kim and her

grief in the way the film does. However,

itisthroughKimthatthequestionofthe

justice of Van’s punishment is crystal-

lized.

From the outset, Just Punishment was

collaboration. It could not have been

made in any other way. This collaboration

included collaboration with Van himself. It

is strange making a film about someone

who is alive, who in a way you feel you

know but who you have never met. This

was the case for the majority of our ex-

tensive production period. In Singapore,

visiting rights for death row prisoners

worksonaquotasystemandvisitsare

restricted to family and close personal

friends.

Van had endorsed the making of the film

from the beginning. At that stage no one

knew the outcome of the case and there

was no way Van could imagine how he

wouldeventuallyfacehisdeath.Wefol-

lowed Van’s journey through reports from

his visitors and his ceaseless writing. In

the days before his execution and upon

hisrequest,wewereatlastabletomeet

the person whom we had been talking

about for two years.

In the preceding weeks, Van had been

elevated to almost saint-like status

amongst some of his peers and, thanks

to a remarkable campaign to try to save

him, within some sections of the broader

community.Wewerebothnervousabout

meeting Van and intrigued by reports of

the inner peace he claimed he felt in the

daysbeforebeinghanged.Whenasked

about his fear, Van replied with a cheeky

calm, ‘I can’t say that I won’t be shitting

myself on the day but right now I am at

peace’. Van admitted that he had no idea

when he left Australia that he could be

killed for what he was about to do. Of

course this was stupid, but invincibility is

something we all feel at twenty-one and

both of us could remember the stupid

things that we had done in the past.

Just Punishment is not an easy film to

watch and it was not an easy film to

make. In some small way we hope it

echoes the campaign purpose in which it

was originally conceived and that it chal-

lenges audiences to rethink their position

in relation not only to Van’s execution but

tothequestionofcapitalpunishmentin

all cases.

– Kim Beamish & Shannon Owen, 20

October 2006

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Just Punishment

References

Websites

http://www.theage.com.au/news/

tv--radio/inside-view-of-a-death-

sentence/2006/11/28/1164476211822.

html

The story behind the making of this film

from the filmmakers’ perspective.

Accessed31May2007.

http://freenet-homepage.de/dpinfo/

defenseattorneys.htm

Quotes about the death penalty from a

number of defence lawyers, including

Julian McMahon.

Accessed11June2007.

http://www.lowyinstitute.org/Publication.

asp?pid=433

Complete text of paper about the need

for Australia to adopt a consistent ap-

proach to the capital punishment issue.

Accessed10June2007.

http://www.onlineopinion.com.au/view.

asp?article=3888

Text of piece by Mirko Bagaric, a lawyer

and author headed ‘Nguyen Tuong

Van – Australia Cannot Stand Idly by’.

He discusses the ways laws may be

changed through a consistent interna-

tional approach.

Accessed31May2007.

Films and other literature about this issue

It is difficult to find films or literature in

favour of capital punishment. Here are

some that have explored the issue over

the past century. None are pro-capital

punishment.

Dead Man Walking (Tim Robbins, 1995) –

A film about the use of the death penalty

in America. It represents the pain and

personalities on both sides of the issue.

The Ballad of Reading Gaol – An 1898

poembyOscarWildeaboutimprison-

ment and capital punishment.

A Hanging – A 1931 essay by George

Orwell.

Marguerite O’Hara is a freelance writer

based in Melbourne. •

Endnotes1 Sydney Morning Herald, 1 December

2005.2 The Age,29April2007.

This study guide was produced by ATOM (©ATOM) editor@atom.org.au

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