Bali Nine: Rush was a courier, not an organiser, lawyer says

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.

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Source: theaustralian.com, Feb. 25, 2010

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Alabama | Gov. Ivey commutes Charles “Sonny” Burton’s death sentence

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20 Minutes to Death: Witness to the Last Execution in France

The following document is a written record of convicted killer Hamida Djandoubi's last moments before he was guillotined in a Marseilles prison on September 10, 1977. This written record -- dated September 9 -- was written by a judge appointed to witness the execution. Djandoubi's execution was the last execution carried out in France before capital punishment was abolished in 1981. Then-President Valéry Giscard d'Estaing, who had voiced his "loathing for the death penalty" before he was elected to office, flatly turned down Djandoubi's appeal for clemency and chose to let "Justice run its course", as he did on two previous instances ( Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977). Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was executed in Marseilles' Baumettes prison in September 1977. The following text was writ...

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