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Bali 9 appeals fail
Wednesday August 15, 2007
A final appeal against the death sentences of three of the Bali nine has been rejected.
Matthew Norman, Si Yi Chen and Tan Duc Thanh Nguyen pleaded for their lives, saying they had been stupid to courier the drug heroin.
But, judges at Bali's Denpasar District court have dismissed the legal arguments to downgrade their death sentences.
The Denpasar judges found the Supreme Court had the right to impose the death penalty, even though prosecutors had requested a maximum of life imprisonment.
They said the original penalties were not proportional to the crime and 'therefore the panel of judges sees no errors have been made'.
Three other members of the group, Scott Rush, Andrew Chan and Myuran Sukumaran who have lodged a constitutional challenge to their death sentences, will also hear their fate this month.
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Judges urge court to reject Bali 9 appeal
From left: Tan Duc Thanh Nguyen, Si Yi Chen and Matthew Norman.
Photo: AP
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Judges have advised Indonesia's Supreme Court to reject a final appeal by three members of the Bali nine against their death sentence, according to court documents.
Lawyers for Si Yi Chen, Tan Duc Thanh Nguyen and Matthew Norman, on death row for attempting to smuggle heroin from the resort island of Bali, filed a request for a case review to the Supreme Court in June.
Aside from receiving a presidential pardon - not normally granted in drugs cases - the move is their final chance to have their sentences quashed.
But a panel of judges hearing the case "is of the opinion that the demand for a case review be rejected," according to a recommendation obtained by AFP that was sent to the Supreme Court on July 17.
The court has already reviewed the legal process against the three and the opinion of each judge on the steps so far was included in the document.
The Supreme Court is not obliged to follow the judges' recommendations, and it has yet to make a decision.
Lawyers for the three men had argued in their demand for a review that the decision by the Supreme Court to mete out the death penalty was flawed.
They said prosecutors had not recommended the sentence and the verdict was dramatically different from lower court decisions.
They also said the trio were tried on the basis of drug possession but the sentence related to exporting drugs.
Since Norman was arrested before he was 18, the lawyers have argued that executing him would breach international law.
They were arrested in a hotel room in Bali with a small quantity of heroin in 2005, shortly after others in the group were picked up at Bali's airport.
Three other members of the group are also on death row for attempting to smuggle the heroin but are arguing their case in the constitutional court.
- AFP
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Jakarta warned on Bali 9 executions
Mark Forbes, Denpasar July 28, 2007
PRIME Minister John Howard has warned Indonesian President Susilo Bambang Yudhoyono that Australians are sensitive about the proposed executions of the Bali heroin smugglers.
After talks in Bali yesterday, Mr Howard said it was too early to seek clemency for the six condemned smugglers and Dr Yudhoyono said he would not commute their sentences as it was essential to crack down on drug trafficking.
Mr Howard then said that he endorsed Indonesia's anti-drug crusade.
The two leaders ordered a study on the feasibility of a free trade deal and supported closer economic ties.
They also agreed to back measures to combat climate change during September's APEC meeting in Sydney.
Dr Yudhoyono did not criticise Australia's recently reissued warning against travelling to Indonesia, which has angered Indonesian politicians. The warning stated that further terrorist attacks were imminent and Bali was a likely target.
Curiously, Mr Howard welcomed a recent increase in the number of Australian visitors to the "beautiful island of Bali", despite Canberra's warnings being blamed for a significant fall in Australian tourists following the two Bali bombings.
The two leaders opened the Australia-Bali Memorial Eye Centre, paid for as part of an Australian assistance package to assist the island's recovery from the first attack in 2002.
"This is a gift from the Australian people to the future health and well-being of the people of Bali and Indonesia," Mr Howard said.
"It is a practical memorial to those who died in the attack on 12 October, 2002, and also a practical expression of the ongoing affection of the people of Australia towards the people of the island of Bali."
Dr Yudhoyono said the $7 million centre was a monument to "the enduring and growing friendships between the Government and people of Indonesia and Australia".
The centre will restore the sight of an estimated 3000 Balinese a year who suffer from cataracts.
Mr Howard said it was appropriate to raise the issue of the "Bali nine", but that "as well as mentioning that there was a sensitivity and interest in the case", he had noted that "the overwhelming majority of Australians understood and strongly support the anti-drug laws of Indonesia".
He said he did not ask that the six smugglers on death row be granted clemency as their cases were still before the courts.
Dr Yudhoyono understood the need to raise the issues, he said, "but also the fact that I was not seeking any reaction from him or from Indonesia".
"I did say in the course of the discussion that I fully respected and supported the tough approach taken by Indonesia in relation to drug trafficking. No one should be in any doubt that in Australia there is scant regard for people who believe they can breezily ignore the drug laws of Indonesia."
Dr Yudhoyono has previously ruled out pardoning drug traffickers. Asked if he would consider calls for clemency for the Australians, he replied: "Drug-related crimes are very serious crime in Indonesia.
"We take strong measures to fight that kind of crime, to save our future, to save our generations."
Indonesia would continue to consult Australia on how to combat drugs, he said.
"I assure you that we are maintaining our communication and consultation, while respecting the laws practised in each country, Indonesia and Australia."
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