Bali bombers granted another appeal


Mark Forbes, Jakarta
February 5, 2008

The AGE

THREE of the Bali bombers have again staved off firing squads, after a
last-minute reversal by Indonesia's Supreme Court allowed them to launch
another appeal against their convictions.

Denpasar District Court head Nyoman Gde Wirya said the Supreme Court had
ordered him to hear the appeals, which claim the convictions of Amrozi,
Mukhlas and Imam Samudra were invalid as they were obtained by retrospective
use of an anti-terrorism law. The three had been expected to be executed
early this month.

The decision came as a surprise, as the men had supposedly exhausted all
legal avenues and had already argued unsuccessfully that their convictions
were invalid as the law was not in place at the time of the bombing.

If the appeal is successful, they will probably be set free on this
technicality. A spokesman for Indonesia's Attorney-General said last month
they were likely to be executed quickly if they did not lodge an appeal for
clemency with President Susilo Bambang Yudhoyono by the end of January,
which they have not done.

Lawyers for the men submitted their appeal requests to a court in Java and
Bali in the latest of a series of manoeuvres apparently designed to keep the
men alive for as long as possible, despite their stated desire to be
martyrs.

The three were due to be executed in 2006, but their executions were halted
after they sought an initial judicial review, which was rejected late last
year.

Indonesian law makes no provision for a second judicial review of cases.

Judge Nyoman said yesterday that he had appointed three judges - one to
handle each of the appeals.

A lawyer for the men, Achmad Michdan, said he would visit their prison
tomorrow to tell them of the decision. "This is something quite positive,"
he said. "We are glad that the Supreme Court has finally acknowledged this."
The court had erred by rejecting the first judicial review, as it did not
hold an open hearing, he said.

Melbourne man David Stewart, whose son Anthony died in the bombings, said
the three should be executed immediately.

"I expected this. I really did," he said after hearing of the latest
setback. "The Indonesian Government don't want to execute them . in case
some of those bastards let off more bombs. This will go on for a long time
yet, I think."

Monica Sanderson, whose son Greg was on a trip with the Forbes Rugby Club
when he died in the bombings, was shaken by the news: "It's never over, is
it?"

Foreign Minister Stephen Smith said last night that, while he understood
many Australians felt strongly about the issue, any decision on a review of
the sentences was "a matter for the Indonesian legal system".

The men, all of whom were members of the Jemaah Islamiah terrorist network,
played key roles in the Kuta nightclub bombings in Bali, on October 12,
2002, which killed 202 people, including 88 Australians.

They have continued to call on Muslims to fight the West and have apologised
for killing Muslims, but have never expressed remorse for the other victims.

With MICHELLE GRATTAN, AGENCIES

.
 
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