A CHARACTER reference from a prominent Brisbane Muslim leader is among material gathered in support of Scott Rush as the date for a final appeal to overturn his death penalty draws closer.
Member of Scott Rush’s Australian legal team, Brisbane barrister Bob Myers, who gathered this and other character references for Rush, said April was still the date “everyone keeps hearing” for the final appeal – although “it’s all in the hands of his Indonesian defence lawyers”.
Archbishop John Bathersby of Brisbane has also sent a letter to Bishop Silvester Tung Kiem San of Denpasar, Bali, thanking him for his recent visit to Scott and expressing the hope such visits could continue.
Other visitors Scott has had in recent weeks include the head of his Australian legal team, Darwin-based QC Colin McDonald and Jesuit Father Frank Brennan, Mr Myers said.
Corinda-Graceville parish priest Fr Tim Harris, who visited his former parishioner on death row in Bali’s Kerobakan prison in 2008, said such visits “would be a great morale boost to Scott”.
These actions came as a national newspaper reported that Scott Rush’s Indonesian lawyer Robert Khuana was planning to call on three witnesses to give evidence that Rush was a drug courier and not an organiser in the plot to smuggle 8.3kg of heroin from Indonesia to Australia in 2005.
In January, fellow Bali Nine member Renae Lawrence spoke out on Rush’s behalf to say he was a courier.
She is serving 20 years in Kerobokan prison for her role as a courier in the drug smuggling plot.
Mr Khuana, in the February 25 report did not indicate whether Ms Lawrence would be one of the witnesses, but did not rule out this possibility.
In the report, Mr Khuana also said he was afraid that Scott may be moved from Kerobokan to a prison island off central Java as the Bali bombers were in preparation for their execution.
Mr Myers said Scott’s Indonesian legal team was preparing a motion for reconsideration of his death sentence.
He said the process would start with a hearing in the District Court at Denpasar.
“This court will then consider all evidence and pass on a recommendation to the Supreme Court as to whether Scott’s death sentence should be commuted to life imprisonment or a lesser term,” Mr Myers said.
If the appeal was to fail, Rush’s legal team would have an option to appeal for clemency to Indonesian president Susilo Bambang Yudhoyono.
A final option would be for Prime Minister Kevin Rudd to intervene on Scott’s behalf.
Both Scott Rush and Renae Law-rence were part of a group which became known as the Bali Nine.
The group from Australia was arrested at Bali’s airport in April 2005.
Scott Rush, making his first overseas trip, was found with 1.3kg of heroin strapped to his body.
He was initially sentenced to 20 years’ jail as a drug courier, as was Michael Czugaj, another former member of Corinda-Graceville parish.
Scott appealed the sentence but instead received the death sentence.
His Indonesian legal team has already lost two appeals seeking to reverse the death sentence and has only a third and final appeal left.
Mr Myers said he and other members of the Australian section of the legal team had been gathering material in support of Scott’s appeal which had been forwarded to the Indonesian team.
“This material includes a reference from one of Scott’s former teachers when he was a student at Rosalie,” he said.
“A prominent leader of Brisbane’s Muslim community who knows the Rush family has also written in support.”
Fr Harris said he had heard the Bishop of Denpasar’s recent visit had been of great benefit to Scott.
“This is why Archbishop Bathersby has written a letter of thanks and expressed the hope that Bishop Silvester can make further visits,” he said.
“In the letter of which I received a copy, the archbishop requests that the bishop would take a particular interest in Scott’s plight as he will soon have to face an appeal process to his death sentence.”
Fr Harris said Scott’s parents, Lee and Christine Rush, were greatly encouraged by this and other expressions of support although “the past five years constantly working on their son’s behalf was taking a toll on them”.
