AS convicted drug courier Scott Rush’s parents expend every last bit of their money and energy to save their son from death row some glimmers of hope have emerged.
One of Scott’s legal team, NSW solicitor John North, has told The Catholic Leader that “in our view – and in the view of Indonesian lawyers our legal team is working with – Scott has a very strong basis for an appeal against the imposition of the death penalty”.
“This is because he’s the only courier of the Bali Nine with a death sentence in place – the others have life sentences or in the case of Renae Lawrence, 20 years,” Mr North said.
“And, based on the evidence, Scott was only involved at the same level as Renae.”
Mr North’s comments came soon after Scott’s father, Lee Rush, visited his son briefly in Bali’s Kerobokan Prison “Death Row Tower” earlier this month.
Mr Rush said he had “scratched together every dollar” to afford the visit after hearing that Scott was “very down”.
He said he and his wife Christine were using “every ounce of their energy and financial resources” to support their son.
“I was in Bali for few days only from around May 4.
“When I left Scott, I felt he had improved although it will be a matter of seeing how he holds up now.”
“Scott’s situation is very unpredictable.”
A fatwah (an Islamic legal pronouncement) issued by the Indonesian Supreme Court in April has added to this unpredictability.
The fatwah stated that the prosecution can give the 119 people on death row in Indonesia a notice to appeal their sentence at any time.
Mr North said: “Some may be given notice; some maybe not so it’s very much an unknown quantity.
“It’s our last chance to appeal – if that failed, Scott could only appeal for clemency to the Indonesian president.”
Scott was arrested on April 17, 2005, with eight other Australians in Denpasar, Bali, for attempting to smuggle 1.3kg of heroin to Australia.
Scott and another of the Bali Nine Michael Czugaj were once parishioners at Corinda-Graceville in Brisbane.
Corinda-Graceville parish priest Fr Tim Harris said “2009 would be a critical year” for the 23-year-old Australian and that Archbishop John Bathersby was taking “a keen interest” in the case.