ID :
139471
Thu, 08/26/2010 - 20:03
Auther :
Shortlink :
http://m.oananews.org//node/139471
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Drug mule Scott Rush pleads for his life
Bali Nine drug mule Scott Rush revealed he has nightmares about facing the firing
squad as he made an emotional final plea to avoid the death penalty.
Rush told an Indonesian court he felt a deep sense of guilt and wanted a chance to
make amends, as he launched his final appeal against his death sentence.
"I wish to say to you, my parents, my family, and the community, how sorry I am for
the crime that I have committed and the pain that I have caused," Rush told
Denpasar's District Court on Thursday.
"I have brought much shame upon myself and my family. I have a deep sense of guilt
for what I have done."
Rush, wearing a white collared shirt and a crucifix necklace, read out his statement
shortly after his lawyers submitted their request for a judicial review, which asks
for Rush's death sentence to be reduced to 15 years in jail.
The District Court panel of three judges adjourned the case to September 16, when
Rush's lawyers will present five witnesses as they argue that the courts had not
considered factors such as his minor role as a courier when sentencing him to the
death penalty.
Rush begged the court for forgiveness, saying: "When all is known, all can be
forgiven".
"I have only hope that I can be forgiven."
Reading his statement in a clear, calm voice, Rush said: "I accept that I am a
criminal, not a celebrity. I accept that I am deserving of just punishment".
He was candid in speaking about his fear of facing the firing squad.
"I often wake up having nightmares. I often think about the firing squad and how
long it will take me to die," Rush said.
The 24-year-old told the court he'd had a long time - during his five-and-a-half
years in Bali's Kerobokan Prison, including more than two years in the "death tower"
- to reflect on his life and where he went wrong.
"I pray that I may be given a chance to show my remorse and to give back to the
community in a practical way. I would like to be an ambassador against drugs ... I
am a living example of how drugs can destroy lives and do cause family and friends
so much unnecessary pain and distress."
The judicial review seeks to prove Rush was only a minor player in the plot, and
relies heavily on letters from former Australian Federal Police (AFP) commissioner
Mick Keelty and current deputy AFP commissioner Michael Phelan that say Rush was
just a courier, not an organiser.
Rush's lawyers on Thursday pointed out that the AFP letters were not considered in
Rush's trial.
They indicated they wanted Mr Keelty to be a witness at the next hearing.
The lawyers told the court the Supreme Court judges who sentenced Rush to death did
not consider leniency factors such as Rush's young age, his minor role as a courier,
and the fact that Indonesian law states the death penalty should only be applied for
the most serious crimes.
Rush was just 19 when he was arrested at Denpasar airport with more than a kilogram
of heroin strapped to his body.
He was originally sentenced to life in prison before Indonesia's Supreme Court
unexpectedly increased it to death.
On Thursday, Rush's lawyers also pointed out the contradiction between Rush's death
sentence and the lighter sentences given to other Bali Nine couriers Renae Lawrence
and Michael Czugaj.
Czugaj is serving a life sentence, while Lawrence is serving 20 years' jail but is
eligible for and regularly receives small sentence remissions.
One of Rush's lawyers, Frans Hendra Winata, told the court they were seeking to have
his death sentence reduced to 15 years imprisonment "or, if the judges decide
otherwise, the fairest possible decision".
The District Court judges set aside one day - September 16 - for all five witness to
give their testimonies.
They will then make a recommendation to the Supreme Court, which will ultimately
decide whether Rush will face the firing squad.
If the final appeal fails, Rush's last chance of avoiding the firing squad will be
to seek clemency from Indonesian President Susilo Bambang Yudhoyono, who typically
shows no mercy to drug smugglers.
Foreign Minister Stephen Smith said it was a matter for Indonesia's judicial and
legal authorities but the Australian government would pursue a clemency plea on
Rush's behalf should his appeal fail.
"The Australian government would, of course, welcome a decision to overturn the
sentence of any Australian facing the death penalty, but we must respect the
Indonesian judicial and legal process," Mr Smith said in a statement issued to AAP.
"We will wait patiently until those processes have concluded.
"If Mr Rush is unsuccessful in overturning his death sentence in court, then the
Australian government will vigorously support a plea of clemency on his behalf, as
we have always indicated we would."