Bali Nine: Jakarta ties a matter of life or death

Relations have never been closer, but a failed final appeal by one of the condemned Bali nine could change all that.

Three of the Bali nine still face execution in Indonesia. Of these, Scott Rush, who was just 19 when arrested in 2005, is the youngest. On July 16, he lodged his final appeal, or ''PK'' (Peninjauan Kembali or Reconsideration). It will have huge implications for the other two Australians still on death row, Myran Sukamaran and Andrew Chan, and for relations between our two countries.

The bilateral relationship between Australia and Indonesia is at a historical high. It is no coincidence that our largest diplomatic post is in Jakarta, that Indonesia is our largest aid recipient, and that ministers of both countries visit each other with astonishing frequency.

The death penalty plays out very differently in the two countries. Australian repugnance for it is broad-based and long-established. Indonesia, however, remains divided, with political support still strong in some quarters for death for narcotics offenders. Jakarta and Canberra know, however, that if any of the Bali nine are executed, the backlash in Australia will seriously damage the bilateral relationship. There has been much work behind the scenes in recent years to prevent this. But Rush's application will be decided on legal grounds, regardless of the consequences for the bilateral relationship.

It is therefore reassuring that Sukamaran, Chan and Rush now have solid legal teams behind them. So what arguments do Rush's team make for reducing his sentence? The grounds on which a final appeal can be brought are limited to: new circumstances (''novum''), which if known at the time of the trial would have led to acquittal or a less severe sentence; inconsistency with other judgments; and, a manifest error of law.

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Source: The Sydney Morning Herald, July 26, 2010