Bali Nine: Prosecutors dismiss Scott Rush's call for clemency

Bali Nine Scott Rush

An Indonesian prosecutor has insisted on the death penalty for Australian Bali Nine drug courier Scott Rush.

Prosecutor Argitha Chandra told a panel of judges hearing Rush's appeal against the death penalty that he should be severely punished for committing a serious crime.

He dismissed testimony from former Australian Federal Police commissioner Mick Keelty, who said 24-year-old Rush's role in the foiled 2005 plot to smuggle more than eight kilograms of heroin out of Bali was minor.

Mr Keelty said Rush was just a courier and knew little about the smuggling ring.

"We don't differentiate the roles," the prosecutor said, adding that "drug smuggling is a serious threat to the image of Bali" as a tourist destination.

"Narcotics are a big danger and a transnational crime and the accused should be severely punished," he said.

The case has been adjourned until October 4, when the judges will deliver their final recommendations to the Supreme Court in Jakarta.

It could be several months before the Supreme Court rules on the case.

Source: ABC/AFP, September 27, 2010

Death penalty 'appropriate' for Bali Nine smuggler

The Indonesian people want Australian Scott Rush to be executed for his role in the Bali Nine drug smuggling plot, a court has been told.

Indonesian prosecutors today told the Denpasar District Court that death by firing squad was the proper punishment for the 24-year-old Brisbane man's crimes.

"We believe that the Indonesian people would consider the death penalty appropriate in this case," prosecutor Purwanti Murtiasih said.

Murtiasih called on Indonesia's Supreme Court to reject Rush's final appeal, known as a judicial review, which seeks to have his sentence reduced to 15 years' jail.

Rush was one of nine Australians arrested over a foiled 2005 plot to smuggle more than eight kilograms of heroin out of Bali.

Arrested at Denpasar airport with more than a kilo of heroin strapped to his body, Rush was originally sentenced to life in prison.

The supreme court unexpectedly increased it to death in 2006 but will now be called on the reconsider that verdict.

Ringleaders Andrew Chan and Myuran Sukumaran are also on death row but Rush is the only courier facing the firing squad.

Rush's lawyers argue his sentence is out of step with his fellow Bali Nine couriers, who are facing between 20 years and life in prison.

But Murtiasih said the Indonesian legal system did not distinguish between organisers and couriers.

"We don't differentiate these roles," he said.

"His participation supported the overall activity of this very secretive network."

Former Australian Federal Police (AFP) commissioner Mick Keelty and current Deputy Commissioner Michael Phelan this month testified for Rush, telling the court he played only a minor role in the plot.

Mr Keelty told the court that given mitigating factors, including his young age at the time of his arrest, Rush would have only faced about 10 years' jail if arrested in Australia.

But Murtiasih said the AFP testimony did not constitute new evidence, as argued by Rush's legal team, and required under Indonesian law for the appeal to be successful.

If Rush's appeal fails, his last hope of survival will be to seek clemency from Indonesian President Susilo Bambang Yudhoyono.

Chan and Sukumaran also have final appeals in train.

Five other members of the syndicate - Matthew Norman, Martin Stephens, Michael Czugaj, Si Yi Chen and Tan Duc Than Nguyen - are serving life in prison.

Courier Renae Lawrence is serving 20 years.

Source: stuff.co.nz, September 27, 2010

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