Rush's death penalty unconstitutional, says lawyer

The lawyer for convicted drug mule Scott Rush says a two-pronged appeal will be mounted in Indonesian courts from today.

Darwin-based Colin McDonald QC says the first appeal to Indonesia's Constitutional Court starts today and runs for a month.

Mr McDonald will argue that as a recent signatory to the International Covenant on Civil and Political Rights, Indonesia should reserve the death penalty for the most serious crimes, like murder.

"There is plenty of international jurisprudence to say that middle-ranking, drug-related crime is not in the most serious category," he said.

"Therefore, at least in relation to middle-ranking drug crime, the death penalty is unconstitutional."

Rush's life sentence for his role in the Bali nine heroin smuggling ring was upgraded in September last year to death by firing squad.

He says the legal team also has a strong case to put before the Supreme Court.

"That will relate to the reasons given by the Supreme Court for the imposition of the death penalty," he said.

"We are quietly confident that that particular avenue has very strong legal grounds for success."

Mr McDonald is confident the appeals can save Rush from the death penalty.

He says recent visits to Bali's Kerobokan prison have convinced him that Rush is a reformed character.

"You come away with a very profound sense that to execute young people, at least for the mules certainly, that this punishment really doesn't fit the crime," he said.

Newshawk: http://www.napnt.org
Pubdate: Thur, 15 March 2007
Source: Australian Broadcasting Commission (Australia -Web)
Website: http://www.abc.net.au