Bali Nine ringleaders in new challenge

Lawyers for the two Bali Nine ringleaders have lodged a fresh legal challenge against the death penalty in Indonesia's Constitutional Court.

When lawyers for Andrew Chan and Myuran Sukumaran initially submitted their challenge to the Constitutional Court on February 1, chief judge Mukhtie Fadjar said only Indonesian citizens could challenge the country's law.

However, lawyer Todung Mulya Lubis on lodged a revision of their petition, adding an argument against the limitation of the law.

"We hope that the judges would be convinced that anyone, regardless of their nationality, should be able to file judicial review," Lubis told reporters.

"And they should be given every legal right to defend themselves," he said.

"Regardless of their citizenship, they (foreigners) should have a right to challenge the constitution under any circumstances."

Chan and Sukumaran, both from Sydney, were among nine young Australians arrested in Bali by Indonesian authorities on drugs charges in April 2005, following a tip-off from the Australian Federal Police.

Separate Supreme Court appeals by the two men were thrown out in September, when the court also upgraded the punishment of four other Bali Nine members from life sentences to death.

Lubis said he was optimistic the pair could defend themselves at this judicial stage.

"We are very optimistic, very upbeat that this ... could be accepted by the Constitutional Court."

Additional witnesses and arguments have been added to the petition to add weight to the challenge, he said.

An Indonesian MP involved in a drug law amendment, a professor of criminology from Oxford University and a death penalty expert will be presented in the next hearings.

The next hearing date has not been set.

Bali Nine drug mule Scott Rush has followed Chan and Sukumaran's example and is fighting his death sentence in a separate challenge to the Constitutional Court.

Lubis said there was a possibility the separate cases would be joined. "If the judges decided that they have to combine this petition then we will go ahead with it."

Newshawk: http://www.napnt.org
Pubdate: Wed, 14 Feb 2007
Source: Sydney Morning Herald (Australia -Web)
Copyright: 2007 AAP
Website: http://www.smh.com.au/