Bali Nine Death Row Inmate Loses Final Appeal

[webfact]

Bali Nine death row inmate loses final appeal

Desy Nurhayati

The Jakarta Post

Andrew Chan, an Australian national convicted of an attempted drug smuggling case, and the ringleader of the so-called Bali Nine, has lost his final appeal against the death penalty following a Supreme Court ruling.

Chan’s lawyer, Todung Mulya Lubis, confirmed that the May 11 ruling upheld the sentence. He said he had not further studied the ruling, which was posted on the court’s website Friday, to understand the legal grounds.

“We have just found out that Chan’s appeal was overruled by the Supreme Court,” Todung told The Jakarta Post on Sunday.

“We’re very disappointed with the ruling because our client does not deserve the death sentence. He has admitted his guilt, expressed remorse and has improved himself during his time in prison.”

Chan, who is incarcerated in Kerobokan penitentiary in Denpasar, appealed to get his death penalty commuted to a 20-year prison sentence.

Chan was among nine Australians who attempted to smuggle 8 kilograms of heroin from Bali to Australia in 2005.

One of them, Martin Eric Stephen, who is also imprisoned at Kerobokan, married Indonesian national Christine Puspayanti in April. Todung said Chan should have been given a second chance to be rehabilitated.

“I am sure that if he was given a second chance, he could be a better person and would spend the rest of his jail time behaving well,” Todung added.

Following the Supreme Court ruling, Chan’s final option would be to seek clemency from President Susilo Bambang Yudhoyono.

However, Todung has not confirmed his client would appeal for clemency, saying the legal team had to study the judges’ considerations for rejecting the appeal before deciding on their next step.

It remains unclear whether judges have ruled on the appeal of fellow ringleader Myuran Sukumaran, as his appeal is being heard by a different panel of judges. However the ruling against Chan may hint at an uphill battle for Sukumaran to escape death row.

Chan and Sukumaran filed joint appeals last year, using the same argument that they were now rehabilitated, had professed their guilt and apologised, and were actively engaged in church services, as well as conducting computer and English courses for fellow inmates at Kerobokan.

“When I was first arrested in 2005, I stupidly thought I knew everything and in my previous trials, on the advice of my old lawyers, I pleaded my innocence,” Chan said at his hearing in Denpasar last September.

“I stupidly thought I could walk out of here despite the crime I committed. However, I now know much better and it feels good to be able to speak the truth, to apologise.”

Chan said he was studying for a bachelor’s degree in theology and seeking a minister’s certificate “to give me the experience and qualifications to work with young people, especially those with drug and alcohol problems”.

The Denpasar District Court, in its report to the Supreme Court, had recommended the death sentence be commuted for both men.

Australian Prime Minister Julia Gillard said Australia strongly opposed the death penalty and would try to have Chan’s sentence commuted.

Last month, another Bali Nine member, Scott Anthony Rush, won his appeal against his death penalty after the Supreme Court commuted his sentence to life, citing the fact that 25-year-old Rush had shown remorse for his actions while also taking into account his age.

The six other gang members are serving lengthy prison sentences.

-- ANN 2011-06-20

[ronrat]

If he was that smart he would have read the DFAT warnings about the death penalty. Whilst the PM said Australia is against the death penalty there has never been a referendum on the subject and most Australians don't give a stuff about them. They didn't exactly lose any sleep over over Barlow and Chambers or the Bali bombers.

[OZEMADE]

If he was that smart he would have read the DFAT warnings about the death penalty. Whilst the PM said Australia is against the death penalty there has never been a referendum on the subject and most Australians don't give a stuff about them. They didn't exactly lose any sleep over over Barlow and Chambers or the Bali bombers.

He knew what the sentence would be if he got caught when he and his offsider planned it. They got caught so now they have to die by firing squad. Stiff Sh*t.

They didn't care how many young kids would have died from the drugs they bought back, or how many got hooked on the drugs.

NO sympathy, I for one am pleased with the outcome. DEATH.

However he and his mate have one last chance, unfortunately. A pardon from the death penalty by the President.

[Wallaby]

The only thing that concerned me about this case was that the AFP knew they were smuggling drugs and, knowing there is a death penalty, helped to have them arrested in Bali. I would have thought the oz govt would have had them arrested upon their return.

But personally, all of them knew what they were doing and I have no sympathy.

[notime]

If he was that smart he would have read the DFAT warnings about the death penalty. Whilst the PM said Australia is against the death penalty there has never been a referendum on the subject and most Australians don't give a stuff about them. They didn't exactly lose any sleep over over Barlow and Chambers or the Bali bombers.

Well, maybe not everybody is smart. But is doesn't mean it's good to put men to the death for offenses of this kind. They simply tried to smuggle some substances from point A to B. It's called trade, maybe illegal trade, but how could this be a crime punishable by death? The punishment doesn't fit the crime in this case and it's not true that Australians don't care about these people. They are just unable to help.

There are many countries in the region that apply draconian punishments for drug related and other offenses (espionage or subversion for instance) to send the message to their people that their governments are "tough" and mean business. This relates to systems of repression and terror against the public for sake of holding on to power. This is a case for China, Singapore, Vietnam, Myanmar etc. It's time for newly democratic Indonesia to show they are not in this league any more and have more consideration to human rights and life.

[oxo1947]

The Bali 9 is an incident that the Australian federal police should hang their heads in shame.

For those who are not familiar with it…and are trapping out the usual …they should know let them die etc line. There have been several books written on it notably Bali 9 the untold story by Madonna King & Cindy Wockner

Crescent Moon is an organization that has flooded the streets of Australia with cheap Heroin for years. It imports it by bribing or coercing (for those in debt) young people into taking a holiday in Bali and bringing there product back. A father of an 18 year old boy—who was in debt to them-- found out this was exactly what he was about to do, so he went and informed the Australian Federal police.

The group were to meet one of the top Asian operatives in Bali have an all expense holiday paid for and any debts written off, and be paid.

They were to fly back to Australia, where they would be taken to the house of –again one of the top Australian operatives –relived of the 8 kilo of heroin, and be on their way.

With this priceless information the brilliant Australian fed Police were faced with 3 options

1/ Stop them going

2/ Have them followed—so the whereabouts of the suppliers in Asia and the distributors in Australia would be known—and smashed.

3/ Put it into the hands of the non corruptible Indonesian police (who are one of only 3 Asian police forces to get a lower rating for corruption then the Thai police)

It was a no brainer ---they passed the word along—and the trap was sprung, and only one person managed to slip away from the steal jaws of the Bali Police trap. The top Asian supplier to Australia.

But they safely had all the other bad guys (kids)---and handed out sentences ranging from some 20 years---some life---and 2 of them to be walked into the jungle and shot in the back of the head.

[Wrong Turn]

Do the crime, do the time.

Theology classes, apologizing, some getting married.

Sure, they are trying to save their own skin. Best not to get into this situation in the first place. Not worth it, for me.

[oxo1947]

Do the crime, do the time.

Yes that's very deep Wrong Turn.

I am not being impolite but do you actually believe that nonsensical saying..??

There is a women waiting to be stoned to death in Iran at the moment—she done the crime, she committed adultery ---so I take it you fully back the sentence of death by stoning.

I am not an apologist for drug pushers---however I think that when one calls for people to be executed over drugs issues–they should look at the difference between Mules & dealers.

A mule isn't the dealer or even the pusher—it's usually a person in a debt that they cannot hope to get out of---or a user that is doing it because they themselves are hooked on the poison --- or just a stupid younger person.

Obviously if they had any long term thinking power they would be bringing it back for themselves and making the 1,000+ % profits.

Crescent Moon is still operating in Australia.

[Gerryasia]

If he was that smart he would have read the DFAT warnings about the death penalty. Whilst the PM said Australia is against the death penalty there has never been a referendum on the subject and most Australians don't give a stuff about them. They didn't exactly lose any sleep over over Barlow and Chambers or the Bali bombers.

He knew what the sentence would be if he got caught when he and his offsider planned it. They got caught so now they have to die by firing squad. Stiff Sh*t.

They didn't care how many young kids would have died from the drugs they bought back, or how many got hooked on the drugs.

NO sympathy, I for one am pleased with the outcome. DEATH.

However he and his mate have one last chance, unfortunately. A pardon from the death penalty by the President.

Another DESPOT finds "God" in a jungle prison.

Oh, spare me.

[oxo1947]

Another DESPOT finds "God" in a jungle prison.

Oh, spare me.

Despot...... wow

I am hoping English isn't your first Language----if it is maybe you should leave your choice of drug --Singha Beer ---or whatever until after the letter writing

des·pot

1....a king or other ruler with absolute, unlimited power; autocrat

. 2....any tyrant or oppressor.

3. ....History/Historical . an honorary title applied to a Byzantine emperor, afterward to members of his family and later to Byzantine vassal rulers and governors.

[easton]

It sucks for him but he knew the risks. The best thing he can do now is man up and accept his fate.

[Preman]

I lost my 21 year old son to heroin some three and half years ago. The availability of heroin is there, and yes, all users have a choice, - or do they? I worked with my son to get him away from that drug quite successfully. He quit and stayed away from it for over one and half years. Six months of that time was in Thailand where he did not get seduced to the temptation, despite the availability. I thought that he was off it for good. He returned to Australia and got back in and around the 'old crew' and within four months he died. I learned that this particular drug is insidious, - very hard to stay away from - once it gets into the fabric of your being.

Here is my point. People on this posting have argued that the trade of heroin is just trade, the so called mules should not be held accountable. This is such garbage. These mules know exactly what they are doing. In their minds, - it is a 'calculated risk'. They are risking a death sentence.

8 kg of heroin is quite an amount. How many kids may try this for the first time? How many of those become enslaved to the substance? How many may go on to die? When I read such crap written by someone in the above post that 'it is just a transaction', - I feel sickened by such ignorance.

Real people are involved. Some say, 'demand & supply'. Yes, it is, - but that should not exempt the morons who smuggle the drug.

For the record, - I do not believe in the death sentence. But, - these guys deserve a stiff jail sentence.

They are playing a hand in screwing up lives - in return for money. When they were doing this, they did not care about the contribution they were making to damaging lives. Now, they are caught, - and want sympathy. They are trying to save their own lives by studying religion. What about the caring for the rest of humanity when they were involved in the crime? They did not care. That is why there is a punishment. Every country determines their own punishments. They knew the punishment - and still proceeded, - lured by the $$$$.

P.S.

This guy picked the wrong religion to study whilst in jail. He should be studying Islam and praying to Allah, - if he wants to make any impression on the judges. Seems too late now. I hope others learn from this and resist taking the risk for the sake of $$$. I also hope that one day our children do not have to be tempted by the availability of this drug and die as a result.

[oxo1947]

Hi Preman

I couldn’t even begin to relate with what you have been through. I hope that in time you can find some closure –or meaning to the events that have affected your life.

As an Australian you also know the story behind this madness –that was played out by the Oz federal police. And maybe can relate to the father who went to the police to have it stopped—only to see his 18 year old son get 20 years in prison.

“For the record, - I do not believe in the death sentence. But, - these guys deserve a stiff jail sentence.”= Preman

I don’t think that we are in any disagreement. My post in answer to the hang them high mob—was just to try to point out that the head of the snake is not cut off by killing some low level mules—its happened countless times, they are expendable items—usually (although not in this case) addicted to the substance that they are carrying .

Also the same with the choice of religion ---I see that the very same Indonesian court yesterday has sentenced radical cleric Abu Bakar Bashir, the man believed to be responsible for killing over 200 people in the Bali bombings, to 15 years in prison. This was after an outcry after his first sentence of 2 years.

I somehow feel his prison conditions may be a little better than those of the young Australians.

[Preman]

Precisely... you got my point. A Muslim behind the death of 200 people can get off with 15 years, whilst a drug carrier gets a death sentence. Hence, my point. He should have been seen reading the Koran and praying to Allah.

That aside, - I take your point that he was a low level player and that there are 'heads of the snakes' out there (as you put it) - who are the ones to be after, - ..... but ..... as I lost a son to this ..... for me..... anyone who participates in trading or selling this drug - or other drugs, - are skum bags (to me).

Despite my loss and feelings, I know in my heart that "A Death For A Death" does not achieve anything.

So, execution is not a solution to anything.

However, I think the intent was for the death penalty to be a super harsh deterrent under Indonesian law. If people are going to ignore that radical deterrent, - it is their own stupidity.

I also understand why the Indonesian Government often have to go forth with the law that they impose. To deter others. But, it is a sad injustice that a man who has a hand in killing 200 innocent people lives and will be free again in 15 years.

[Wrong Turn]

Yes that's very deep Wrong Turn.

I am not being impolite but do you actually believe that nonsensical saying..??

There is a women waiting to be stoned to death in Iran at the moment—she done the crime, she committed adultery ---so I take it you fully back the sentence of death by stoning.

No I don't. And your question was rhetorical.

I consider smuggling different that Sharia. I despise Sharia law, but I don't have a problem with drugs (I don't use drugs).

But....if there is a law about smuggling drugs with a penalty, and you take the risk (to make money) then, that's the way it is.

I find it a bit silly and naiive that after these people get caught, then they want to change the rules of the game.

Let the Bali 9 be a lesson: if you want to smuggle drugs that choose a place with more lenient laws.

[OZEMADE]

Yes that's very deep Wrong Turn.

I am not being impolite but do you actually believe that nonsensical saying..??

There is a women waiting to be stoned to death in Iran at the moment—she done the crime, she committed adultery ---so I take it you fully back the sentence of death by stoning.

No I don't. And your question was rhetorical.

I consider smuggling different that Sharia. I despise Sharia law, but I don't have a problem with drugs (I don't use drugs).

But....if there is a law about smuggling drugs with a penalty, and you take the risk (to make money) then, that's the way it is.

I find it a bit silly and naiive that after these people get caught, then they want to change the rules of the game.

Let the Bali 9 be a lesson: if you want to smuggle drugs that choose a place with more lenient laws.

I recently saw a video of a small child in Afghanistan having his hand held on the ground and a car drove over his hand. Why, because he got caught stealing something and this was sharia law or punishment.

If this child was caught stealing from mum's purse or dad's wallet or the local shop, in Australia. He would have probably gotten a smack and a verbal. A CHILD, uneducated and learning.

These people were ADULTS, educated adults and took the chance and were caught trying to take drugs out of the country. They had full knowledge of what they were doing, as they strapped the drugs to their bodies. They had full knowledge of the punishment if they were caught. (DEATH) They were to be paid for being drug mules. They knew the drugs were for people who were going to make money from addicts and they also knew some of these addicts would die from their actions. Some were sentenced to prison for a long time, however the organisers and they have admitted they organised the others, have been sentenced to death. I for one am in agreeance with the penalty. (To be taken away to an undisclosed area and be executed by firing squad)

[samran]

Drug dealers are scum, but I don't believe in the death penalty. Lock him up, throw away the key for sure.

[mrdome]

[...]

P.S.

This guy picked the wrong religion to study whilst in jail. He should be studying Islam and praying to Allah, - if he wants to make any impression on the judges. [...]

Just for the record, the main religion on Bali by a wide margin is Hinduism.

[Preman]

[...]

P.S.

This guy picked the wrong religion to study whilst in jail. He should be studying Islam and praying to Allah, - if he wants to make any impression on the judges. [...]

Just for the record, the main religion on Bali by a wide margin is Hinduism.

Really? Thank you for your record.

I lived in Bali for two years and throughout Indonesia for a total of almost four years. I speak Indonesian.

Although the native Balinese are Hindu, you will find that a large percentage of the Government public servants and doctors / lawyers / judges / and most people in the higher echelons of society are in fact Muslim or ethnic chinese. Thus my comment.

[anotheruser]

Just as the drug dealers that committed their crimes knew the risk so do the drug users that keep them in business. Your son and the dealer in question here will both most likely die for the same crime. The crime is having anything to do with heroin. That might sound harsh but if you are going to say that the guy in Bali should have known his fate than you should hold your son to the same standard.

[Preman]

I did hold my son to the same standard. Using that drug kills. I told him over and over again.

He had to apply a lot of effort and was very sick trying to get off it. The use of that drug is idiotic.

Unfortunately, kids get sucked in to using - often by peer pressure or trying to be cool. Even he told me that he thought he could just do it once. The once became twice and so on. I agree with you. To get involved in that world invites death.

However, the "crime" - is quite different. Your logic is somewhat flawed. The user and the seller are not the same.

If your logic was applied to pharmaceuticals, chemical insecticides,

[anotheruser]

Thanks for your reply and sorry about your son. What you say makes sense to me more now. I can see your point and it doesn't come off as one sided or angry in your last post.