A SOLICITOR on Scott Rush’s Australian legal team has thanked the two Australian Federal Police (AFP) officers who gave evidence in a bid to overturn the drug courier’s death sentence.
Robert Welfare said the willingness of former AFP commissioner Mick Keelty and deputy commissioner Michael Phelan to testify had enabled the PK (motion for reconsideration) of Scott’s death penalty to be heard in Bali’s Denpasar District Court.
“It was essential that novum (new evidence) was available for Scott’s sentence to be reconsidered,” Mr Welfare said.
“Both Mr Keelty and Mr Phelan testified that Scott had been only a courier with very little knowledge and a minimal role in the enterprise.”
Scott Rush, now 24, was arrested at Bali’s Denpasar Airport in April 2005 along with eight other Australians, now known as the Bali Nine, and charged with heroin smuggling.
He was found with 1.3kg of heroin strapped to his body.
Rush was initially sentenced to life imprisonment but, even though prosecutors had not asked for execution, his appeal in September 2006 to Indonesia’s Supreme Court resulted in his punishment being changed to death.
Mr Welfare said the appeal against the death penalty was progressing through several stages starting on August 18 when Scott’s Indonesian lawyers read the PK.
On September 16, five witnesses including Mr Keelty, Mr Phelan and Australian Professor Andrew Byrnes gave evidence before the prosecutor and three judges in support of the overturning of Scott’s death sentence.
Statements given by other witnesses raised issues of Indon-esia’s obligations under international law with relation to the imposition of the death penalty and Scott’s right to a fair trial.
Mr Welfare said he was pleased that five witnesses, all with considerable expertise relevant to the case, had been allowed to give evidence.
“All gave very powerful evidence to which the judges listened attentively,” he said.
Mr Welfare returns to Bali on September 27 to be present when the prosecutor will make his submissions.
The three judges presiding in the Denpasar District Court will make a recommendation to the Supreme Court in Jakarta.
Scott’s local legal team headed by prominent Indonesian legal figure Dr Frans Winarta will also be present at tomorrow’s hearing.
Mr Welfare said he was not certain when Indonesia’s Supreme Court would make a final ruling on the case.
“There’s no criteria that says the decision has to occur within a specific timeline, but I’d think it would be by the end of the year.”
