[With the world's media spotlight heavily focused on the Bali bombings, the plight of Australian academic Lesley McCulloch has been largely forgotten. For the past seven weeks, the British-born Australian resident has been held in a police station in the Indonesian province of Aceh. Lesley McCulloch has been charged with violating her tourist visa – a charge that carries a five year prison sentence. She is expected to face trial next month.]

Presenter/Interviewer: Linda LoPresti

Speakers: Harry Ponto, part of the legal team for Australian academic Lesley McCulloch

Ponto: "Right now, we heard from the Prosecutors office that they agree they will only charge her based on the immigration law violation of the immigration visa permission."

Lopresti: Violation of her visa, her tourist visa?

Ponto: "Right. But we also have a problem with some partys are interested to bring this case not only for violation of visa, but also espionage, something like that."

Lopresti: Espionage charges?

Ponto: "Yeah, but then we heard from the Prosecutors office, and also from the Police Department as well, that basically they are ready only for the violation of visa, so in regard to immigration law."

Lopresti: Who are these other people you're saying that what to press ahead with the espionage charges?

Ponto: "We heard they're probably from the Intelligence Office, or something like that, but officially there's not information about it right now. But up until now, we know from the documents, they charge only about the immigration law."

Lopresti: If she is found guilty of violating a visa charge, the charge carries a penalty of I understand of up to five years jail. What do you think would be the likely sentence?

Ponto: "In our opinion probably they will send them out of the country, once they've decided that yes, there's a violation of visa, then most likely they will send Lesley out of the country."

Lopresti: So she'll be deported?

Ponto: "Yeah."

Lopresti: What can you tell us about her health at the moment? I understand that she was having some back problems, what kind of shape is she in?

Ponto: "Yeah, I met her about the end of September and the team also went there about two weeks ago, the team from Jakarta, but our team in Aceh have contact with her so basically she has back pain at that time. But basically, she's okay, because she is allowed to go out in the morning you know, take a walk around the police office – in the morning and the afternoon. But what she needs is basically a hard mattress, they have one to support her back. But she's okay, because it's covered also by the media, they put it on TV and everything and she's basically okay and less worried about back pain."

Lopresti: What about her mental state? You've obviously spoken to her, her lawyers have spoken to her, is she hopeful of a positive outcome when this trial goes ahead?

Ponto: "Oh yeah, basically she's okay. She knows everything, we discuss the case and she really understand what we talk about. She wishes that this case can be put on trial as soon as possible, and hopefully only for the violation of visa."

Lopresti: And your experience as a lawyer, is it quite common for foreigners to be detained for so long for a visa violation?

Ponto: "There are two things that they might do. The first thing, once they find it, they just deported immediately, but in this case there's also the possibility that they'll put her on trial, and so far it's still within the reasonable time, but it's our job also to extradite the proceedings, but especially we have a little bit of a problem because we need to move the trial from south Aceh to Banda Aceh, so it will take a time but we are pushing this, so that we can have the trial as soon as possible."