Australian drug convict Scott Anthony Rush, one of the “Bali Nine” drug ring, has officially filed an appeal with the Supreme Court, requesting his death sentence be commuted to 15 years or life imprisonment.
The appeal by Rush, one of nine Australians found guilty of attempting to smuggle 8.3 kilograms of heroin from the resort island into Australia, was filed Friday by his lawyers at a district court.
He was sentenced to death in 2006, an unexpectedly heavier punishment than the life sentence sought by prosecutors from the district court and high court.
Frans Winarta, Rush’s attorney, said his client sought to prove he was only a minor player in the plot and did not deserve the same punishment as ringleaders Andrew Chan and Myuran Sukumaran, also on death row.
“Rush has also shown public remorse, asking for a lighter sentence so he could get a chance to actively get involved in anti-drug campaigns,” he said.
Rush was only 19 years old when he was arrested at Ngurah Rai International Airport in April 2005 with more than a kilogram of heroin strapped to his body.
The appeal argues that mitigating factors such as Rush’s cooperation with police, his young age, his remorse and his minor role in the smuggling ring were ignored while the judges wrongly said a death sentence was the only recourse in such a case.
The appeal also pointed out that other members of the “Bali Nine” who played the same role were
handed lighter sentences, including Renae Lawrence, who was sentenced to 20 years in prison and who also provided a statement in support of Rush.
“There is unfair sentencing of the ‘Bali Nine’ convicts. Renae Lawrence played a similar role to Rush. She also acted as a courier, but she was sentenced to 20 years. This is not fair,” another lawyer, Robert Khuana, said.
The appeal argues that the death penalty should only be used selectively and for the most serious
offences.
“We seek a lesser punishment of 15-years imprisonment, which is more proportionate to his role as a courier,” the appeal read.
The appeal relies on new evidence — a letter from the Australian Federal Police, which insists that Rush was just a courier.
“There is no indication that Rush was an organizer or aware of the scale of the organization behind the volume of drug importations,” the letter said.
The outcome of this appeal could have a significant bearing on similar appeals against the death penalty filed by two other members of the “Bali Nine”, Chan and Sukumaran.
If the appeals fail, the three have one last go at avoiding death by firing squad: a direct request to Indonesian President Susilo Bambang Yudhoyono for clemency.
Five others — Matthew Norman, Martin Stephens, Michael Czugaj, Si Yi Chen and Tan Duc Than Nguyen — are serving life sentences. They are also planning fresh appeals.
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