OpenTrial - equity's guardian.
THE CASE OF BARRY KEVIN GROSSMAN (possibly the most farcical on the planet, were it not so destructive; but justice finally wins through, albeit at a heavy price)
PLEASE NOTE: OPENTRIAL IS NOT IN A POSITION TO ENDORSE OR VOUCH FOR THE INDIVIDUALS WHOSE CASES WE DETAIL; BUT WE DO UPHOLD THEIR RIGHT TO FAIR LEGAL PROCESS
FEATURES & CONSEQUENCES
Fabricated Charges, Intimidation, 6-week Unlawful Detention, Bribery, Extortion, Threats from Criminal Underworld, Family Torn Apart, Business Ruined, Workers Unemployed, Export Revenues Lost, Physical and Mental Health Problems, Prosecutor Relocated, Interpol Red Notice Issued for Entirely Different Offence.
Patrick John Finlay (an Australian citizen) agrees to buy shares in Barry Kevin Grossman's (an Australian citizen who went to live on Bali, Indonesia in 1999) foreign investment company in Indonesia. After making some currency transfers in respect of and paying some Australian suppliers to Grossman's company in lieu of his obligations under this agreement, Finlay defaults and has 'second thoughts', while he and Tony Kresa, unknown to Barry Grossman, bypass the latter commercially, using contacts and information Grossman provided to them as persons contracted to buy shares in his company. In response to Grossman's confrontational and accusatory approach, seven months later, Finlay approaches Bali Police Chief Ashikin Hussein and others to exert pressure on Grossman ostensibly to resolve what appears to be a civil matter, by charging Grossman with the crime of fraud/embezzlement in relation to the supply of unspecified goods. As the matter escalates, things get completely out of hand and Grossman is unlawfully jailed, threats are made to extort money from him and even an Interpol Red Notice is issued, but rather oddly, in respect of a charge of counterfeiting/forgery. N.B: Finlay has a criminal record in the United Kingdom and allegedly confessed to other serious crimes to Grossman during their business relationship.
CHALLENGE TO THE AUTHORITIES
It is clear in this case that proper legal procedures have not been followed, prompting one to ask, 'Why?' OpenTrial promotes transparency to deter the abuse of legal procedures, and our simple challenge to the Indonesian authorities is: if there is adequate evidence to prosecute Barry Grossman then undertake to properly conduct an open trial of him that complies with international fair trial standards and is fully monitored and recorded. Grossman has consistently expressed his willingness to cooperate in such a fair and transparent process. However, despite claiming to have a LLB from York University’s Osgoode Hall Law School in Canada, to have briefly worked as a litigator with a law firm in Toronto, to have taught at the University of Melbourne’s Faculty of Law in Australia, to have worked for several years as a litigation consultant to the national Australian firm of Freehill, Hollingdale & Page, before taking up a full time lectureship at Monash University’s Faculty of Law, he still fell seriously foul of the Indonesian criminal justice system.
CHRONOLOGY TO END OF 2007
2006. Barry Grossman (Australian citizen) rolls his existing dimension stone business into an Indonesian Foreign Investment Company established for that purpose and later named PT Goliath Industri (Goliath). Grossman develops a business plan to expand his dimension stone business by taking on shareholders. The plan is focused on expanding production capacity in order to achieve a volume of turnover that will allow the business to develop standing administration and marketing functions without significantly increasing unit prices. Grossman also negotiates Indonesian distribution rights to stone sealing products produced by Sydney firm Spirit Marble & Tile Care with director Michael Strine and negotiates a stone supply contact with Sydney firm Genex with a value of more than US$100,000. He also commences negotiation to supply product to Jakarta tycoon Rosan Roeslani which eventually leads to a supply contract worth $500,000. Grossman provides his friend Patrick John Finlay (Australian citizen) with a copy of his business plan, which values his dimension stone business at $2,000,000 and informs him of his various agreements with Genex, Roeslani and Spirit Marble & Tile care.
June, 2006. Goliath commences production of the Genex order. Goliath negotiates a written stone supply contract with Jakarta tycoon Rosan Roeslani which is eventually worth nearly $500,000. During a business trip by Grossman to Sydney, Finlay says he wants to take an equity position in Grossman’s company. It is loosely agreed that Finlay will take a significant stake in the company on terms to be settled based on the business plan. On returning to Indonesia, Grossman informs Goliath commissary, Rory MacTiernan (Australian citizen) of his understanding with Finlay.
August, 2006. Location: United Kingdom. Finlay and Grossman agree that Finlay will purchase 49% of the equity in Grossman's company from Grossman for US$980,000, with Finlay receiving credit for his contributions to date. Finlay agrees to pay a further US$100,000 immediately, with the balance to be paid over time. Grossman informs Goliath’s commissary, Rory MacTiernan, of his agreement with Finlay.
October, 2006. On Grossman’s instructions Finlay uses monies owed to Grossman for Goliath shares to pay part of the purchase price of aluminium purchased in Sydney by Grossman from MayTech Aluminium for a Bali client. The outstanding balance is, in due course, paid on Grossman’s instructions by the client directly to MayTech and Goliath’s Indonesian freight forwarder picks up the goods and ships them to the client in Bali at the client’s expense.
November, 2006. Location: Bali, Indonesia. Finlay, Grossman & MacTiernan briefly review the terms of Finlay’s agreement and Finlay takes no exception to any of the matters raised. However, because of his pending divorce, Finlay informs Grossman his agreed share purchase payments will be delayed. Finlay introduces Grossman to David Purll (Dave Purll of Pearla Plumbing in Sydney, Australian - and perhaps Irish - citizen), who, after 'confidential commercial disclosures' and visiting Goliath's operations on Java, offers to pay Grossman AU$200,000 for a 10% stake in Goliath. Grossman accepts and it is agreed Purll will transfer AU$50,000 to Grossman on his return to Sydney and the balance of AU$150,000 within a few weeks. The details are confirmed by email a few days later. As agreed, Purll transfers the initial AU$50,000 through Finlay, who adds a further AU$10,000 in respect of his own obligations to purchase his equity. Unknown to Grossman, Finlay transfers the AU$60,000 to Grossman from his Australian company PJ Finlay Construction & Development Pty. Ltd. Grossman acknowledges receipt of this money as a payment under the agreement to purchase shares in Goliath. Neither Finlay nor Purll take issue with anything in Grossman’s emails regarding Finlay’s/Purll’s share purchase agreements or Grossman’s accounting for their contributions to the share purchase price. No mention is made regarding any product order in the various communications between Grossman and Finlay/Purll.
Anthony (Tony) Thomas Kresa, a person known to Grossman from Sydney arrives in Bali and, when he learns about Finlay’s contract to buy Goliath shares, he immediately expresses strong interest in investing in Goliath too, but Grossman tells him that he does not want to further dilute his stake in Goliath. Nevertheless, Kresa's enthusiasm persists. However, at one point, out of earshot of the others, Finlay tells Grossman that Kresa is an idiot and that he believes Grossman should not allow him to get involved in Goliath. However, alone with Kresa, Grossman decides to offer Kresa the same deal he has already offered Purll, viz: 10% of Goliath shares for USD200,000 and Kresa immediately accepts. Grossman informs Finlay, Purll and MacTiernan of Kresa’s deal. The next day Finlay, Purll, Kresa and Grossman meet again. Purll grows more confident and the discussion turns to Kresa’s anticipated employment by Goliath and how Finlay and Purll can help Kresa sell some of his land holdings in Australia to pay for Kresa’s share purchase. Goliath completes an exclusive supply contract (notarized) with a quarry operator and advances its plans to acquire equipment in China in order to increase production capacity. Grossman takes Kresa to Klaten to inspect Goliath’s operations. Grossman also loans Kresa money, pending receipt by him of money from Australia. On returning to Bali, Grossman decides to take Kresa to China on the planned purchasing trip. Grossman travels to Surabaya to get Chinese visas for the planned trip and instructs Kresa to investigate flight bookings for the trip and to make appointments with various Chinese factories Grossman had previously contacted. On his return to Bali, Grossman learns that Kresa had not made any flight enquiries. Kresa takes offence at Grossman’s questions about this and a dispute erupts which quickly escalates. Grossman inspects emails sent by Kresa through Goliath’s web site/server and learns that Kresa has been signing off on his emails as the Director of Goliath. Grossman informs Finlay who says “I told you so.” Kresa leaves Bali without repaying his loan from Grossman which he undertakes to pay back through Finlay, on his return to Sydney.
29th November, 2006 Tony Kresa emails Grossman to say that if he were interested in the stone industry he "would simply emulate the model for a fracton of the cost." Unbeknown to Grossman, Kresa establishes the Natural Stone Company ( www.thenaturalstonehouse.com ) with Finlay and Purll and exports stone from Jogjakarta, Indonesia. He tells Grossman that Finlay and Purll want their investment protected.
December, 2006. Purll fails to pay the balance of AU$150,000 due. Finlay continues to assure Grossman that Purll will honour his agreement. Finlay is due to transfer further funds and Grossman instructs him to use the funds to pay for an initial order of product by Goliath from Spirit Marble and Tile Care in Sydney (Spirit). Finlay pays Spirit on Goliath’s behalf and Grossman acknowledges the disbursement by email and credits the amount towards Finlay’s Goliath share purchase obligations.
February/March 2006. Goliath negotiates a lease on warehouse premises in Yogjakarta, Java. Before signing the lease, Grossman contacts Finlay to find out what his happening with the balance owed by Purll. Finlay assures Grossman that Purll will pay the balance in time to meet Goliath’s lease payment obligations and tells Grossman that he can safely sign the lease on Goliath’s behalf. Finlay promises that if Purll fails to transfer funds in time, he will transfer a further AU$25,000 contribution towards his agreed share purchase. Grossman signs the lease on Goliath’s behalf and, when Purll later fails to transfer the overdue funds, Finlay makes good on his commitment and transfers AU$25,000 through his company on 22nd March, 2007, to cover the costs of Goliath’s lease.
February/March, 2007. Grossman is told by Finlay that Purll has found his own investors and is pursuing his own dimension stone business in Central Java. Finlay urges Grossman to sell raw block material to Purll through Goliath for processing into tiles, adding that in his opinion Goliath should leave the tile business to Purll and focus on profiled stone products. Grossman rejects these suggestions outright.
Late March, 2007. Grossman receives an email from Purll which ignores the existing share purchase agreements already made by Purll and Finlay. This email proposes that Purll and Finlay take a 65% stake in Goliath in return for a “nominal payment” and a secured AU$200,000 to Goliath. Grossman rejects this proposal.
Early April, 2007. Location: Bali, Indonesia. Finlay tells Grossman that both he and Purll have decided not to proceed with their purchase of equity in Goliath. Finlay says he does not require the money he has contributed in respect of the agreement to purchase shares in Goliath to be repaid, but asks Grossman to try and refund Purll's AU$50,000. Finlay wishes to buy jewellery and Grossman introduces him to two American jewellers in Bali who sell Finlay AU$8,000 worth of jewellery. Finlay does not have the cash with him, so Grossman guarantees payment. Finlay takes the goods with him on his return to Sydney and subsequently arranges for his company to transfer AUS$8,000 on 19th April, 2007, to Grossman, who disburses the funds to the two jewellers.
April, 2007. Grossman receives an unexpected email from Purll itemising claimed expenditures of $164,141 incurred by Purll and Finlay for “helping” Grossman with his business. This accounting includes many expenditures personal to Finlay and Purll and no request for payment by Grossman is made (there is no reference to any product order in the email).
July, 2007. Grossman learns of repeated and substantial interference in his marital affairs, his company’s production and his contracts with customers and suppliers by Finlay and Purll. Grossman's Indonesian wife, Rismiati Dwi Lestari, later informs him Finlay had tried to manipulate her to divorce Grossman with a promise of reward. Grossman also later learns that Finlay has told various people connected with Grossman’s business that Grossman cheated him out of US$250,000 in connection with a share purchase transaction (File:Statements of Rismiati Dwi Lestari and Sunaryo.pdf).
Late November, 2007. Grossman receives an email from Finlay and Purll demanding repayment of what they refer to as a “AU$236,000 loan, plus interest” (the email contains no reference to any product order).
27 November, 2007. 27 November, 2007. Finlay files a complaint with POLDA Bali alleging fraud and embezzlement against Grossman. Finlay alleges that in November, 2006, he (not his company) ordered a commercial quantity of stone from Grossman (not from Goliath) and that despite paying for it in advance, the order was never delivered. (Laporan Polisi No. Pol.: LP/411/XI/2007/Dit.Reskrim - File:English Translation of Finlay Police Report and the formal POLDA Bali Written Police Examinations of Finlay, Purll & Sarwoto.pdf) He later also claims that he sold and delivered both aluminium and Spirit sealer product to Grossman, which Grossman never paid for and alleges to police that he made bank transfers to Grossman of AU$236,000 as payment for the alleged order (File:Evidence Submitted to Police by Finlay to support his allegation that he sold and shipped Spirit Sealer product to BKG.pdf). In due course, the evidence Finlay submits to police comprises just the three above noted bank transfers by his company Finlay Construction & Development Pty. Ltd.(File:Evidence of Payment submitted by Finlay (ANZ bank transfers from PJ Finlay Construction and Development Pty Ltd to Barry Grossman).pdf:
- AUS60,000 on 21st November, 2006 (which amount included Purll’s AUS50,000 instalment on shares),
- AU$25,028.16 on 22nd March, 2007, in connection with Goliath’s warehouse lease, and
- AU$8,030.55 as payment for jewellery by Finlay while in Bali during Easter 2007.
Finlay provides no evidence apart from his own police statements to support his allegation that he, rather than Spirit Marble and Tile Care of Moorebank, New South Wales, Australia, sold and shipped aluminium and Spirit sealer products to Grossman. In his statement to the police, in response to the question about whether he had a contract with Grossman regarding the alleged product order Finlay answers “no,” adding that the entire transaction was based on trust. When asked by police if he had ever contacted Grossman regarding the order when it fell overdue, Finlay told police that he telephoned Grossman while he was vacationing in Bali in April 2007 and claimed that Grossman threatened to kill him and his family, so he never contacted Grossman again. In fact Finlay and his considerable entourage, socialized with Grossman almost every day during his April, 2007, Bali vacation. Further, after returning to Sydney, Finlay transferred the above-mentioned $8000 to Grossman to pay on his behalf for jewelry purchased by him while in Bali, and not, as he claims, in respect of the alleged stone product order which forms the basis of his fraud complaint to Bali police.
December, 2007. Location: Bali, Indonesia. Grossman is summoned by POLDA Bali (Bali Province Police) to be interrogated as a “witness” in connection with Finlay’s complaint. Grossman attends with his attorney, Dedet Hardiansyah SH, of Jakarta law firm Budiman and Partners, but feels intimidated by the way the interrogation is conducted, as it is hostile, one sided and no genuine attempt is made to investigate the issues arising from Finlay’s allegations. The 'interrogation' is conducted in turns by POLDA Bali investigators I Wayan Sumaba SH, NRP 68120140, Nyoman Somaada, NRP 75070477 and POLDA Bali Kanit I Nengah Suaka KOMPOL 57000157.
CHRONOLOGY FROM 2008
March, 2008. Location: Bali, Indonesia. Approximately eight Indonesians arrive at Rituals Salon Spa and Café, the café operated by Grossman’s wife, looking for Grossman. They claim to be police from Jakarta (although only three of them identify themselves as police) and are extremely hostile. They demand that Grossman repay a US$250,000 debt to Finlay. Later three police officers meet with Grossman and his attorney, but they indicate they do not wish to pursue the matter. In March, 2010, two Finlay associates (Stan & Caesar) meet Grossman and MacTiernan in Bali and inform them that they were with Finlay in March, 2008, and that he was accompanied in Bali by a large Afrikaner, former Special Services soldier who, Finlay said, used to kill "black fellas for the apartheid government". According to Caesar, he was of the view that Finlay brought this man to Bali to hunt for Grossman who, Finlay had told Caesar, “had done Finlay out of $500,000.” Caesar further claims that Finlay led him to believe that he was the money man behind Grossman’s business.
October 2008. Location: Bali, Indonesia. Grossman is served with a summons by POLDA Bali to attend on 21 October, 2008 for interrogation as the accused in connection with Finlay’s police complaint. (Surat Pangilan No.Pol.: S.Pgl./2097/X/Dit.Reskrim). Grossman's attorney has the interrogation postponed by agreement with POLDA Bali, and confirms this in a letter to POLDA Bali sent by courier. (Permohonan Penundaan Pemeriksaan 21 October 2008 kepada Yth. Bapak I Nengah Suaka Kanit III Sat 1).
27/28 October, 2009. Well before the agreed new interrogation date, Grossman enters his wife’s café in Bali at about 8 pm and finds a large number of police waiting for him. These police ask that he accompany them to POLDA Bali for interrogation. Grossman informs them of the agreed postponement, but the police say they have “orders from above” to bring Grossman in for interrogation that night. (File:Letter & Police Documents Re. Arrest.pdf) Grossman accompanies the police to POLDA Bali where his lawyer’s couriered letter, confirming the agreed deferment of his interrogation, is on one of the investigator’s desk. Grossman is detained overnight, but not interrogated. In the morning KASAT 1, Bapak R. Ahmad Nurwakhid, S.E. M.M. (AKB 68010218), enters the room Grossman is detained in and tells Grossman that if he wants to avoid imprisonment he must pay Finlay (no sum was mentioned). Grossman objects saying Finlay's allegations regarding a prepaid product order are fabricated and that, in fact, Finlay owes Grossman money in connection with an agreed purchase of shares by Finlay in Goliath, which Finlay defaulted on. Officer Nurwahkid replies by saying he doesn’t care if Finlay’s dispute relates to a share purchase agreement or a prepaid order for goods, and says that if Grossman does not want to go to jail he must pay the money or prove his innocence. Grossman is then detained in a cell and eventually charged with fraud and embezzlement. (Pasal 372 & Pasal 378 KUHP – see below) and detained by the police.
- Pasal 372 KUHP
- Barang siapa dengan sengaja dan melawan hukum memiliki barang sesuatu yang seluruhnya atau sebagian adalah kepunyaan orang lain, tetapi yang ada dalam kekuasaannya bukan karena kejahatan diancam karena penggelapan, dengan pidana penjara paling lama empat tahun atau pidana denda paling banyak sembilan ratus rupiah.
- Article 372 of the Indonesian Criminal Code
- Whosoever intentionally and unlawfully is in possession of something that belongs in whole or in part to someone else, but is not under his authority because of criminal threats, but because of fraud, is subject to a maximum sentence of imprisonment of four years or a fine of nine hundred rupiah.
- Pasal 378 KUHP
- Barang siapa dengan maksud untuk menguntungkan diri sendiri atau orang lain secara melawan hukum, dengan memakai nama palsu atau martabat palsu, dengan tipu muslihat, ataupun rangkaian kebohongan, menggerakkan orang lain untuk menyerahkan barang sesuatu kepadanya, atau supaya memberi hutang rnaupun menghapuskan piutang diancam karena penipuan dengan pidana penjara paling lama empat tahun.
- Article 378 of the Indonesian Criminal Code
- Whosoever, with the intent to benefit themselves or others unlawfully, using false names or false rank, by guile, or a series of deceptions, causes others to deliver goods or to grant loans to him, or makes such claims by threat, commits fraud, which is subject to a maximum sentence of four years imprisonment.
- Pasal 372 KUHP
November/December, 2009. No effort was made by the police to question Grossman about Finlay's allegations before he was detained and formally charged with fraud and embezzlement (in contravention of the KUHAP which requires that the police summon an accused three times before arrest). Grossman's attorney brings suit against the Indonesian Police force alleging that Grossman has been illegally arrested and detained. In their defence the police submit Daftar Surat Bukti Termohon, Pekara Praperadilan Nomor: 02/Pid.Prap./2008/PN.Dps which lists all police evidence against Grossman (File:Daftar Surat Bukti Termohon - Praperadilan.pdf). The case against the police is eventually dismissed and Grossman released from detention on bail after six weeks.
December, 2009. The case file is referred by POLDA Bali to the Kejaksaan Tinggi (High Prosecutors Office) in Bali for prosecution.
January 2009. Grossman and his attorney learn from the prosecutor assigned to the case, that the documentary evidence submitted to police by Grossman has been removed from the case file which was sent to the prosecutor. The prosecutor tells Grossman to submit the evidence directly and Grossman’s attorney, Dody Rusdiyanto SH, sends copies to the prosecutor's office of emails between Grossman and Finlay/Purll - together with email headers.
February/March 2009. Grossman is summoned for further police interrogation several times; but each time the interrogation is unable to proceed because the police translator does not have a basic understanding of English.
March 2009. Grossman receives a letter from the Kejaksaan Agung (Attorney General’s Office in Jakarta) advising that he has been banned from travelling out of Indonesia for one year.
March to late 2009. The prosecutor returns the case file to POLDA Bali three times under a P19 determination, stating that there is insufficient evidence to stand the case over for trial.
Late 2009. Grossman is informed that POLDA Bali has agreed to review the case to determine whether the case should be closed (SP3). Several weeks later, Grossman is advised that all the police involved, including the new KASAT 1 and the prosecutor’s office, have agreed to close the case with a SP3 determination.
January, 2010. Grossman is advised that the new Direktor Reskrim has refused to sign the related documents and that the new KAJATI in the Bali prosecutor’s office has instructed the prosecutor to stand the case over for trial (SP21). The prosecutor says there is insufficient evidence and that it should, in any case, be a civil matter. He refuses to stand the case over for trial; but he later learns that it has been stood over for trial and that he has been reassigned to Lombok for refusing to issue a P21 determination.
November 2009 to May 2010. Grossman's legal advisors obtain various affidavits from people associated with Finlay’s original Jakarta team in which they state that Finlay paid them money to “arrange Grossman’s arrest, imprisonment and deportation by any available means” and that Finlay instructed them to use the money he paid to cover related operational costs and to “pay any law enforcement officials who help achieve his goal.” Letters are drafted under Grossman’s signature by his attorney requesting an official review of the case and sent to the Kejaksaan Agung (the Attorney General's Office), with copies sent to various state agencies including MABES (National Police Headquarters), Satgas Pemberantasan Mafia Hukum (Judicial Mafia Eradication Task Force), etc (File:PERMOHONAN PENJELASAN BARRY 21 April 2010.pdf). Letters are also sent by Grossman’s lawyer to the prosecutor’s office in Bali (Kejaksaan Tinggi)(File:Butje to Kejaksaan Tinggi Bali 31 May 2010.pdf), submitting various additional evidence including the affidavits of Grossman, MacTiernan and several Indonesian’s (File:Pernytaan - Notarised Affidavits- about Finlay.pdf and File:Noel Patrick Pattihahuan's Statement.pdf) who depose to having been solicited by Finlay to bribe officials to arrange Grossman’s imprisonment.
March 2010. Grossman receives a threatening call, originating in the UK, from an Irish-accented man demanding with menaces that Grossman repay a debt to an unnamed “friend.” Within 10 minutes Goliath commissary, MacTiernan, receives a call from Finlay in which Finlay says that his IRA associate, Harry Fitzimmons, was upset with Grossman. Finlay tells MacTiernan that his case against Grossman was a mistake and that if Grossman rings him to “apologise” he may be willing to stop the case.
June 2010. Despite Grossman's documents being in order and his having a letter from the Kejaksaan Agung advising that he has been banned from travelling out of Indonesia, police attend at the café operated by Grossman’s wife and demand that Grossman show them his resident permit, work permit, passport and other papers. They state to Grossman and his attorney that they are acting on a criminal complaint filed by Finlay’s attorney which alleges that Grossman is illegally residing in Indonesia.
May/June, 2010. Grossman and his attorney are advised that a team from the Attorney General’s Office has attended in Bali to investigate the handling of the case against Grossman. Grossman’s attorney advises Grossman that he has received numerous “terror” calls which he believes originate from Finlay’s case broker and police advancing the case against Grossman.
August 2010. Grossman and his attorney are asked to attend in Jakarta to meet an official who will ensure that the case against Grossman is reviewed by the Attorney General’s Office in Jakarta and, given the lack of evidence and indications of police corruption, closed. After the meeting Grossman declines to pay the IRP 300,000,000 demanded and is then told that the Attorney General’s Office cannot intervene in the case because it has already been stood over for trial. (P21).
September 2010. Grossman is diagnosed with indications of serious health problems, including a small tumour/nodule on his liver, an enlarged prostate and other conditions which are stress-related. At around the same time, he is told of new moves to arrest him pending trial on Finlay’s criminal charge. Grossman leaves Indonesia to seek medical treatment and subsequently receives numerous intimidating telephone calls and learns from his company commissary that he too has received threatening calls in connection with Finlay's criminal charges against Grossman. Grossman subsequently learns that he has been summoned by POLDA Bali to be handed over to the prosecutor’s office pending trial.
October/November 2010. Grossman is advised by his new attorney in Bali, Butje Karel Bernard SH, that Finlay has replaced his attorney/case broker with a new attorney based in Jakarta. Grossman is further advised by his attorney that the police at POLDA Bali are unhappy with the inappropriate pressure put on them by Finlay’s new attorney and sympathetic to Grossman’s predicament. He is told that they will not issue a DPO (arrest warrant). Grossman’s attorney later advises him that he has been told that the case against Grossman was fabricated by officials and could be dropped in return for the payment of a large sum of money.
December 2010 to June 2011. Location of Barry Grossman: outside Indonesia. Grossman is advised to ask his embassy to send a letter to the prosecutor’s office requesting “perlindungan hukum” ( legal protection) should he return to Indonesia. A journalist investigating the case contacts Finlay who refuses to answer any questions and refers him to POLDA Bali Kasat Serse Benny Harjanto (sic) (AKBP Beny Arjanto NRP 7507477) as the “police chief who is handling the case.” Grossman is added to the Interpol Red Notice List from Indonesia in respect of charges of counterfeiting/forgery, but not fraud and embezzlement on suspicion of which he was previously detained. This is highly irregular, as an arrest warrant, which is a prerequisite for the issuing of a Red Notice, has not been issued in Indonesia. Rather oddly, at the same time, in response to enquiries about his immigration status, Grossman learns he is banned from entering Indonesia and no request is made to extradite him by the Indonesian authorities.
Mid-November 2011. Grossman issues civil proceedings against Patrick John Finlay and David Purll in New South Wales, Australia, claiming damages amounting to AU$3 million under a variety of torts. He needs funds and his freedom to pursue this claim.
24th November 2011. After a several-month lull in activity by the Indonesian authorities, police from the Indonesian Interpol office in Jakarta travel to Jogjakarta, Central Java, to enter the warehouse of Goliath and photograph the stock of tiles and "rock faced" wall cladding therein.
Mid-December 2011. The Bali police and the Indonesian Ministry of Law and Human Rights confirm that Grossman's extradition has been requested from Australia.
2012 Grossman returns to Indonesia and is told by officials there is no arrest warrant out for him and he is not banned from entry.
17th January, 2013 Twenty police arrive at his home and Grossman is detained for a day. Grossman is eventually handed over to the prosecutor’s office, but the prosecutor’s office does not hold him pending trial. Finlay's case-broker lobbies both the prosecutors' office and the judges in Bali in an attempt to have Grossman or his wife arrested and the outcome of a trial predetermined.
28th January, 2013 With complete contempt for the legal process in Indonesia, farcically, in a new indictment of Grossman, Finlay now alleges that instead of Purll travelling to Bali with him in November, 2006 to order stone, it was Tony Kresa, whom, in reality, he had not met until Grossman introduced the two. Clearly, Purll has bowed out of the continuing skulduggery.
1st February, 2013 - Greg Moriarty, the Australian ambassador in Jakarta sends Barry Grossman a letter stating that the Australian Consulate General in Bali is affording Grossman's case high priority and inviting him to report Patrick Finlay's conduct to the Australian Federal Police office at the Australian Consulate General in Bali. However, when asked how the Consulate is / will be assisting Barry Grossman, no response is received.
13th February, 2013 - Quite contrary to fair trial criteria, the judges and prosecutors issue a joint statement by text message postponing Barry Grossman's trial from 14th February, until Wednesday, 20th February, because of their certain 'needs'.
20th February, 2013 - the trial of Barry Grossman begins some three years after he was initially charged. Only the prosecution's case is summarised in open court, solely putting the case against Grossman in the minds of the judges and public, as no opening statement from the defence is allowed. The trial is not scheduled to take place over consecutive days, making it very difficult for the public to form an overall picture of the case and how it is progressing, thus impeding justice sector accountability.
August, 2013 - Barry Grossman's trial is still not concluded and, unsurprisingly, as just one episode in a sad seven-year saga, appears be taking a toll on Grossman's mental health.
7th February, 2014 Barry Grossman is acquitted and, to sustain himself on Bali, he becomes a regular contributor to Press TV, a news and documentary network affiliated to the Islamic Republic of Iran Broadcasting (IRIB). IRIB, the only legal TV and radio broadcaster inside Iran, is state owned, with it's head being appointed directly by the supreme leader, Ayatollah Ali Khamenei. IRIB is considered to be close to the country's conservative political faction.