SCOTT Rush’s parents, Lee and Christine Rush, left for Bali last week as the countdown began for a final appeal against their son’s death sentence expected to be heard in Denpasar District Court on August 18.
Lee Rush said before he flew out of Australia on Monday both he and Christine felt they were “heading into the unknown once more”.
“We thought an appeal (against Scott’s death sentence) was to be heard back in 2006, however when we arrived the court sessions were closed and no appeal was heard,” he said.
“We’ll never really know for sure about the latest appeal until it actually happens.”
Mr Rush said he had last seen his son at Kerobokan Prison’s death row in June and the latest visit was intended to support Scott’s mental and physical health in the lead-up to the anticipated appeal.
Fr Tim Harris, of Scott’s home parish Corinda-Graceville, has been called to the hearing as a potential character witness before the judges who will be determining the 24-year-old’s future.
Fr Harris said “two things that have struck me are Scott’s remorse for his crime and the injustice of his death sentence”.
Fr Harris will attend the Denpasar hearing – along with Australian Federal Police Deputy Commissioner Mick Phelan, immediate past president of the Islamic Council of Queensland Suliman Sabdia and Judge John North, a former member of Rush’s legal team – to present character references on Scott’s behalf.
Also in the team will be Melanie Atlee presenting, on behalf of Federal MP Chris Hayes, letters Scott has written to MPs on both sides of politics expressing his remorse and desire to reform.
Scott Rush 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.
Fr Harris said Scott had shown remorse for his crimes even as far as offering to become an ambassador for anti-drug campaigns should he be released.
The priest said he had prepared his character reference for the Denpasar hearing based on his meeting with Scott at Kerobokan Prison in October 2008, as well as his involvement with the Rush family for the past five years.
“The more information I get the more unjust Scott’s death sentence seems,” he said.
“Scott originally received a life sentence for being a drug courier. He appealed this sentence and it blew up in his face.
“Now Scott is on death row being judged in the same way as the ringleaders.
“He is the only one of the couriers to have had this happen to him.”
Fr Harris said such a sentence was “unjust in anyone’s language”.
“This is why I believe a groundswell of popular support for Scott is continuing to grow.”
Solicitor on Scott Rush’s Australian legal team Robert Welfare said the appeal would occur in several stages from the anticipated August 18 start.
Prominent Indonesian legal figure Dr Frans Winarta will head Scott’s local legal team.
“To begin with, Scott’s Indonesian lawyers will get up and read the PK (motion for reconsideration of Scott’s death sentence) at the court hearing,” Mr Welfare said.
“This will be followed by a 14-day break, then the prosecutor for the Indonesian Government resumes the hearing.
“Part of this process is that the court can call for Scott’s character references to be read out.
“At the end of the appeal in Denpasar, a recommendation will be made to Indonesia’s Supreme Court located in Jakarta.”
Mr Welfare said he was uncertain whether Scott’s legal team would get details of the recommendation before it was sent to Jakarta.
