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 Bali Nine member's appeal to overturn death sentence delayed 

Bali Nine member's appeal to overturn death sentence delayed

18 Aug, 2010 12:01 PM
'Bali Nine' member Scott Rush failed to make a scheduled court appearance in Denpasar today after a mix-up caused his hearing to be delayed.

Rush, a member of the so-called Bali Nine drug smuggling ring, had been expected to personally plead his case to a panel of three judges as he seeks to overturn his death sentence.

In the so-called judicial review, Rush has asked for his death sentence to be commuted to a 15-year custodial term.

But it emerged that the judges had used an incorrect clause to summon prosecutors to the court, forcing the delay.

It is also understood there were some problems with the paperwork for Rush's transportation from Kerobokan prison to the court.

Today was the first day of hearings for the appeal.

Prosecutors demanded the trial be stopped until the right clause was used.

Judges have adjourned to consider their decision and Rush would not be called until the matter was sorted out.

It appears unlikely there will be enough time to call Rush today.

Rush cites the lenient sentences given to other members of the syndicate, his minor role as a courier and his remorse as some of the reasons for a lighter sentence.

The group tried to smuggle more than eight kilograms of heroin from Bali to Australia.

Rush was ensnared by Indonesian police even though his father Lee had begged the Australian Federal Police to stop his son from leaving for Bali on a fateful trip in April 2005, his first overseas.

Lee Rush was suspicious about the trip because his son had no money and had been dabbling in drugs.

The AFP deputy commissioner Mick Phelan has signed a sworn affidavit in an attempt to help Rush. In the affidavit, he also makes himself available to appear in person at the trial.

Former AFP commissioner Mick Keelty may also testify for Rush.

Tom Allard is Fairfax Media's Indonesia Correspondent.

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