Bali Nine smuggler's parents fly out for appeal

By buseman · Aug 9, 2010 · ·
  1. buseman
    The parents of Bali Nine drug smuggler Scott Rush will fly from Brisbane to Indonesia this morning ahead of a last ditch appeal to save their son from the death sentence.

    Rush was convicted of attempting to smuggle more than eight kilograms of heroin from Bali into Australia in 2005.

    His legal team has argued he was a courier and not the mastermind of the operation

    His father Lee Rush says the brief appeal hearing will be heard in Indonesia next Wednesday and it is a worrying time for the family.

    It's been extremely stressful for him to have this death penalty on his head, he said.

    We just tend to get on with life on a day-to-day basis, but I know we struggle with it as well, as parents.

    We are heading over to be there in preparation for Scott for his mental and physical health, to look forward to, hopefully, a good outcome, he added.

    There will be an appearance by Scott, there will be a reading of the new evidence.

    I would think after that there would be a delay before the prosecutors reply until such time as information is gathered and sent to the Supreme Court in Jakarta.

    Mon Aug 9, 2010

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  1. Terrapinzflyer
  2. buseman
    Keelty to testify in Rush's last-ditch appeal

    When he launched his final judicial appeal against his death sentence for heroin smuggling, Scott Rush threw himself on the mercy of the Indonesian court.

    The Queenslander was one of four Australians among the Bali Nine arrested at Denpasar Airport in 2005.

    Rush was caught with 1.3 kilograms of heroin. In total, the Bali Nine drug ring tried to smuggle a more than eight kilograms of the drug out of Bali into Australia.

    Rush told the court he had nightmares about facing the firing squad and how long it would take him to die.

    I often wake up having nightmares. I often think about the firing squad and how long it would take me to die Rush said.

    Now the Australian police who tipped off the Indonesian authorities will testify in Rush's last-ditch bid to avoid execution.

    The heroin smugglers were arrested after the Australian Federal Police (AFP) asked their Indonesian counterparts to keep them under surveillance.

    Even though the death sentence was clearly on the table, the AFP insisted it had done nothing wrong.

    No-one in the AFP would have predicted that this one piece of the 13,000 pieces of information that we send overseas would have played out the way it played out, former AFP commissioner Mick Keelty said at the time.

    Now that Rush is on death row, Mr Keelty is expected to tell the Denpasar court that he was just a minor player in the smuggling ring.

    Rush family friend Professor Jeff Lewis says this judicial appeal is "the last throw of the dice for the 25-year-old.

    His only other option would be an appeal for clemency to Indonesia's president Susilo Bambang Yudhoyono.

    Two other members of the Bali Nine, Andrew Chan and Myuran Sukumaran, also face the death penalty and the case has provoked a national controversy.

    The Labor Government sharpened the rules about cooperating with foreign law enforcement agencies, but even now the AFP can still help put Australians on death row.


    15th September 2010
  3. buseman
    Prosecutors dismiss Rush's call for clemency

    An Indonesian prosecutor has insisted on the death penalty for Australian Bali Nine drug courier Scott Rush.

    Prosecutor Argitha Chandra told a panel of judges hearing Rush's appeal against the death penalty that he should be severely punished for committing a serious crime.

    He dismissed testimony from former Australian Federal Police commissioner Mick Keelty, who said 24-year-old Rush's role in the foiled 2005 plot to smuggle more than eight kilograms of heroin out of Bali was minor.

    Mr Keelty said Rush was just a courier and knew little about the smuggling ring.

    We don't differentiate the roles, the prosecutor said, adding that drug smuggling is a serious threat to the image of Bali as a tourist destination.

    Narcotics are a big danger and a transnational crime and the accused should be severely punished, he said.

    The case has been adjourned until October 4, when the judges will deliver their final recommendations to the Supreme Court in Jakarta.

    It could be several months before the Supreme Court rules on the case.


    Mon Sep 27, 2010
  4. Terrapinzflyer
    Bali Nine shouldn't be guilty - judge

    THE Bali Nine are not guilty of exporting drugs because they were arrested before they boarded a plane, a former Indonesian Supreme Court judge has told the ringleaders' final appeal.

    Yahya Harahap today told the Denpasar District Court he believed that because the Australians' eight kilograms of heroin never left Indonesia's customs area, they should not have been found guilty under Indonesian law of drug exportation.

    The Bali Nine couriers were arrested after going through immigration, but before boarding their flight to Australia.

    "When someone wants to export drugs from a customs area, it must be determined where the customs area actually is," Mr Harahap told the panel of three judges.

    "Getting something through customs means a person has to have taken it out of the last post in the customs area.

    "When it's still in the customs area, it is said that the departure of the goods is not complete, the export has not yet taken place."

    Mr Harahap was giving evidence at the final appeal, known as a judicial review, of ringleaders Andrew Chan and Myuran Sukumaran, who are on death row.

    Mr Harahap said people who attempted but failed to carry out a crime, such as the Bali Nine, should not be punished as severely as those who actually completed a crime.

    Siswanto, the head of Bali's Kerobokan Prison where the nine Australians are imprisoned, also testified today.

    Siswanto said Chan, 26, and Sukumaran, 29, were well-behaved prisoners. He detailed their involvement in a range of rehabilitation courses.

    He said he believed Sukumaran had turned over a new leaf and was unlikely to commit similar crimes in the future.

    "If he is executed, I would personally think it would be a shame," Siswanto said.

    Chan had also displayed "clear and significant" change in recent years, Siswanto said.

    "He has been well behaved, participated in programs, and he never creates trouble."

    The pair's appeal, which seeks to have their death penalties reduced to 20 years' jail, will resume with further witnesses on November 5.

    If the appeal fails, they will be forced to seek clemency from Indonesian President Susilo Bambang Yudhoyono, who generally takes a dim view of drug smugglers.

    Fellow Bali Nine death row inmate Scott Rush's judicial review is currently being considered by Indonesia's Supreme Court.

    Five other members of the drug smuggling plot - Martin Stephens, Matthew Norman, Michael Czugaj, Si Yi Chen and Tan Duc Than Nguyen - are serving life sentences.

    The final member of the drug ring, courier Renae Lawrence, is serving a 20-year sentence.

    Another Australian man, 43-year-old Michael Sacatides, was arrested in Bali last week with an alleged 1.7kg of methamphetamine.

    If he is eventually charged with drug importation, he could also face a possible death penalty.

    By Adam Gartrell
    From: AAP
    October 09, 2010
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