IN a last-ditch attempt to overturn the death penalty, Scott Rush's lawyers will call on three witnesses to give evidence in the Bali Nine inmate's final appeal in the Indonesian Supreme Court late next month.
Rush (pictured), 24, will be the first to lodge his appeal, ahead of fellow Australians Andrew Chan and Myuran Sukumaran, also facing death for their part in a plot to smuggle 8.3kg of heroin from Indonesia to Australia in 2005.
Mr Khuana outlined the arguments he would use to try to save Rush from execution, saying Rush was a courier, not an organiser, did not technically export the drugs, and that the judges failed to read all the facts and did not differentiate between the cases.
He will argue that Rush was one of six of the Bali Nine classified as drug couriers, while three were "organisers", including Tan Duc Thanh Nguyen, "the recruiter", whose death sentence was commuted to life in 2008.
"We will argue this is not fair, that it is a mistake. Our question is why was the decision different for Scott compared with the other five couriers? Why did they apply the same facts but impose a different punishment?"
Mr Khuana will review the role of the Australian Federal Police, who had the power and the information to stop Rush and the group travelling to Bali following a telephone call from Rush's father, Lee. "Why did they let them come to the airport? The intention was to catch them in customs to be able to charge them with exportation," Mr Khuana said.
Had the Bali Nine not passed through customs they would have been charged with possession, which carries a 10-year jail sentence.
Under the Indonesian Customs Act No 10 1995, the customs area is classed as an export and import area. But under Article 102 of the act, a person who enters or leaves Indonesia cannot be charged with exportation while carrying one or more documents including a passport, ticket and boarding pass. The Bali Nine had this documentation.
Read more>>> Source: theaustralian.com, Feb. 25, 2010
