Hope for other Bali Nine men on death row

The lawyer for the two members of the Bali Nine still on death row says the decision to spare Scott Rush's life has good implications for his clients.

bali_nine_dateline_141110_l_1195743307
The lawyer for the two Bali Nine men still on death row says the Indonesian Supreme Court's decision to spare the life of Scott Rush has significant implications for his clients.

Andrew Chan and Myuran Sukumaran - the so-called ringleaders of the drug smuggling plot - are awaiting the outcome of their final appeals in the hope they too will escape the firing squad.

Rush, 25, one of the youngest of the nine Australians charged over the 2005 plot, won a desperate bid for his life when his final appeal, known as a judicial review, was granted by the Supreme Court on Tuesday.

Rush's death sentence was commuted to life in prison.

Julian McMahon, the Australian lawyer for Chan and Sukumaran, said the outcome of Rush's judicial review showed the legal system was working well.

"I'm very pleased with the decision, firstly for Scott Rush, and also for the legal implications for my clients," Mr McMahon told AAP.

He said Rush's result indicated the judges had based their decision on points of law.

"His application for review was based on an in-depth analysis of the law in his case and the Supreme Court's decision shows the strength of the system," he said.

The decision to take the death sentence off the table was made by the same panel of judges that had ordered Rush's execution following an earlier appeal.

Rush was given life when he was initially convicted.

However, Tuesday's result was not as good a result as Rush and his legal team had hoped. They had requested his sentence be reduced to 15 years.

Rush had a number of visitors at Kerobokan Prison on Thursday, including his father, Lee Rush, and his Bali-based lawyer, Robert Khuana.

Rush, from Brisbane, was only 19 and on his first trip abroad when he was arrested at Ngurah Rai Airport in Bali with 1.3kg of heroin strapped to his legs and his body, underneath his clothing.

It has been acknowledged by authorities, including the Australian Federal Police, and now in the judges' appeal decision, that he was only a minor player in the 2005 plot to smuggle more than 8kg of heroin from Bali to Australia.

Chan and Sukumaran, who launched their final appeals in August last year, probably face a bigger hurdle in getting off death row, but there have been some positive signs.

In January, it emerged that the judges who presided over their judicial reviews provided a legal opinion to the Supreme Court that the sanctity of life must be considered.

As Indonesia had ratified the convention on human rights, and capital punishment was a form of human rights limitation, it should only be imposed in relation to the most serious crimes, they wrote.

"Death penalty for this moment should only be applied very selectively," the document said.


Share

3 min read

Published

Updated

Source: AAP


Share this with family and friends


Get SBS News daily and direct to your Inbox

Sign up now for the latest news from Australia and around the world direct to your inbox.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Download our apps
SBS News
SBS Audio
SBS On Demand

Listen to our podcasts
An overview of the day's top stories from SBS News
Interviews and feature reports from SBS News
Your daily ten minute finance and business news wrap with SBS Finance Editor Ricardo Gonçalves.
A daily five minute news wrap for English learners and people with disability
Get the latest with our News podcasts on your favourite podcast apps.

Watch on SBS
SBS World News

SBS World News

Take a global view with Australia's most comprehensive world news service
Watch the latest news videos from Australia and across the world