THE Australian Federal Police officers ultimately responsible for the arrest of Scott Rush and his Bali Nine companions will today testify for Rush.
They will testify in the hearing that is his best remaining hope of evading a firing squad.
Former commissioner Mick Keelty and current deputy commissioner Mike Phelan, who in 2005 steered the Australian investigation that led to the Bali Nine arrests, will appear today at the judicial review of the death sentence imposed by Indonesia's Supreme Court.
If the review, which returns to the Supreme Court for a final determination, goes against him, 24-year-old Rush has left only an appeal to President Susilo Bambang Yudhoyono. But for six years he has not given clemency to a drugs convict.
Rush's lawyer, Robert Khuana, yesterday would not confirm that the AFP witnesses would appear at Denpasar District Court. But, he said: "If the judges open their eyes, their hearts, their ears and their minds, Scott Rush will get a better penalty.
"Fifteen years is fairer for him."
Mr Keelty, now retired, and Mr Phelan are expected to testify on statements already provided to the court that, throughout, the AFP regarded Rush as a courier only, without an organising role in the conspiracy to carry 8.2kg of heroin into Australia.
Acting on detailed information from the AFP, Indonesian police arrested Rush in Bali's international airport with 1.3kg of the consignment strapped to his body.
"There is no indication that Scott was an organiser or aware of the scale of organisation behind the volume of drug importations," according to Mr Keelty's statement.
The lead conspirators, Andrew Chan, 25, and Myuran Sukumaran begin appeals against their death penalties on Tuesday.
That Rush was no more than a "mule", that prosecutors originally did not ask for execution, that the Supreme Court was manifestly unjust in replacing his life sentence with death on appeal in 2008 are the main pillars of his case.
However, it risks stirring the embers of an angry controversy in Australia about whether the AFP acted properly in turning in the nine to the Indonesians.
Rush's case became the focus as it emerged that his father, Lee, suspecting the then 19-year-old was "up to no good", tried to have police detain his son before he left for Bali. The family took the AFP to court in 2006, arguing it had acted negligently and beyond its authority by informing the Indonesians.
Judge Paul Finn found, however, that the AFP conduct was "squarely within (the force's) legal functions".
It had no legal obligation to warn the suspects they were under surveillance leaving Australia or about "the foreseeable risk of the death penalty".
Source: The Australian, September 16, 2010
Rush a mere courier, Keelty tells court
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| Scott Rush |
Former Australian Federal Police (AFP) commissioner Mick Keelty has testified Scott Rush was only a minor player in the drug smuggling ring that landed him on death row in Indonesia.
Rush was one of four Australians among the so-called Bali Nine arrested for trying to smuggle heroin through Denpasar Airport in 2005.
His parents looked on today as Mr Keelty told the court hearing Rush's final appeal against execution that he was not on the AFP's radar before that fateful drug run.
"He did not know or understand, in my opinion, what the roles of the other people were," Mr Keelty said.
"His role was a very minimal one."
He said an Australian court would probably have sentenced Rush to less than 10 years in prison and a maximum $500,000 fine.
Mr Keelty was commissioner when the AFP tipped off their Indonesian counterparts, who then arrested members of the drug ring.
Because Indonesia imposes the death penalty on drug smugglers, the AFP was criticised for passing on its information.
Today Mr Keelty said Rush was a mere courier, played a minimal role in the smuggling ring and knew little about it.
"It is often the case that people like Scott Rush are enticed into the enterprise for the wrong reasons," Mr Keelty said.
Mr Keelty said the AFP would normally ask its foreign partners to allow the smugglers to travel to and be arrested in Australia.
But he was not asked why that did not happen in this case.
His testimony was backed by the officer who was in charge of the Bali Nine operation, AFP deputy commissioner Michael Phelan.
"There is no evidence to suggest Scott Rush organised or knew anything of the organisation of this importation," Mr Phelan said.
The rules for cooperating with foreign police have been tightened but the AFP can still help put Australians on death row.
Rush's defence lawyers are hoping the testimony of Mr Keelty and Mr Phelan will convince the court to reduce his death sentence to 15 years in prison.
Bali Nine ringleaders Andrew Chan and Myuran Sukumaran also face the death penalty.
They will make their final pleas next week.
Source: ABC News, September 16, 2010
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