The 33-year-old man has formally appealed to the Supreme Court on grounds of new evidence revealed by the Australian Federal Police (AFP) that his role in the foiled attempt of heroin smuggling was considered to be minor.

During a session at the Denpasar District Court on Thursday, Martin's legal team submitted the plea documents to the panel of judges presided by Djumain.

The hearing had been scheduled to take place on May 7 but was delayed because of a clerical error. Legal team representative Iwan Priyatno said that Martin only served as a courier.

"He was only caught for carrying the heroin, but played no role in organizing the smuggling."

He said Martin deserved a lighter sentence considering that the three other Bali Nine convicts who played a larger role than his client - Matthew Norman, Si Yi Chen and Tan Duc Thanh Nguyen - had their death sentences reduced to life imprisonment in 2008.

"Because three had their sentences reduced by the Supreme Court, Martin should have his jail term reduced to the minimum charge of 10 years or 20 years at most," Iwan said.

The plea papers cited new evidence in the form of a letter from former AFP commissioner Mick Keelty, in which he stated "Martin's role in the attempted import of heroin from Bali to Australia is considered by the AFP to be minor."

"There is no indication that Martin was an organizer or aware of the details relating to the suspected importation. Nor does the AFP possess information to indicate that he has been involved in previous importation," the federal police said.

Martin first came to the attention of the AFP when he departed from Australia to Bali on April 2005, his first trip to the resort island.

He was arrested on April 17, 2005, at the Ngurah Rai International Airport with 2.9 kilograms of heroin strapped to his legs and stomach.

He is currently serving his jail time in Kerobokan Penitentiary in Denpasar, with the eight other members of the Bali Nine.

Iwan said that the legal team did not propose to the court to hear a testimony from witnesses to strengthen the appeal, saying that the AFP letter was enough as evidence.

"We don't need to hear the witness' testimony. The new evidence we proposed only consists of the AFP letter. It clearly outlines Martin's role."

The court will hold another session on June 3 to hear the prosecutors response before the panel of judges completing the dossier and later submit it to the Supreme Court for consideration. Iwan said the legal team expected the Supreme Court to issue the ruling within two or three months, although it usually took longer for the court to decide, depending on the backlog of cases it handled.

On Feb. 14, 2006, Martin was sentenced to life imprisonment. Martin appealed his sentence along with eight other members of the Bali Nine. On Sept. 6, 2006, Martin's appeal to the Supreme Court was rejected.

If Martin's appeal fails, his last option will be to seek clemency from President Susilo Bambang Yudhoyono.

Four other Bali Nine members - Chen, Nguyen, Norman and Michael Czugaj, are also serving life sentences, while the other three - Scott Anthony Rush, Andrew Chan and Myuran Sukumaran are on death row and are expected to lodge their final appeals this year.

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