Lawyers for the Bali Nine ringleaders are mounting their challenge to a Jakarta court, to have the pair's death sentences over-turned
Not giving up ... Raji Sukumaran and Chinthu visit Myuran at Kerobokan Jail today as the Bali Nine ringleaders wait for the time to come to be transported for execution at Nusa Kambangan Island. Picture: Adam Taylor Source: News Corp Australia
INDONESIAN authorities have sought more information from lawyers of the condemned Bali Nine duo about the conduct of their sentencing judges.
In an encouraging development, the Indonesian Judicial Commission — investigating claims political interference from Jakarta during Myuran Sukumaran and Andrew Chan's 2005 sentence — called for further technical material about the complaint lodged last week.
One of their Australian legal team, Melbourne barrister Michael O'Connell SC, visited the pair in Kerobokan prison to brief them on the latest developments and about their upcoming court case next week.
Mr O'Connell said both men were doing "remarkably well" in very trying circumstances.
He said that a complaint with the country's Judicial Commission was lodged on Friday afternoon last week and that since then the commission had sought further technical detail from the lawyers.
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Australians on death row ... Myuran Sukumaran and Andrew Chan inside a holding cell. Source: Supplied
"We are organising for that material to be provided and when it is we hope that he investigation will move forward," Mr O'Connell said.
He said it was hoped the commission will now rigorously investigate the matters raised.
The complaint centres around claims from the men's original lawyer, Muhammad Rifan, that a bribe was on the table in order to give a lighter sentence and that there was political interference from Jakarta which saw the men sentenced to death instead.
Fighting back ... Australian lawyer Michael O'Connell outside Kerobokan Jail today. Picture: Lukman S. Bintoro Source: Supplied
Mr O'Connell said the two Sydney men were holding up well under the emotional strain.
"I think Andrew and Myuran are very concerned that people remain respectful when they make representations on their behalf but of course they want those representations firmly made. That is really the tone of what they have said to me," Mr O'Connell said.
"They are humbled really by the depth of support that has been coming from Australia and to some extent in Indonesia as well. They are very grateful for it and they simply wait and hope.
As Andrew Chan and Myuran Sukumaran face the firing squad, take a look back at the key events of the past ten years involving the Bali Nine.
"They are remarkably well in the circumstances that they are in at the moment. I think that's a measure of the rehabilitation that they have achieved over the last 10 years ... it is an extraordinary situation and they are bearing up extremely well."
Legal action on behalf of Chan and Sukumaran is due for a preliminary hearing in the State Administrative Court in Jakarta on Tuesday next week. The case centres around the way in which Indonesia's President, Joko Widodo, denied their applications for clemency, by citing a "drug emergency" in his country for denying all clemency bids by drug traffickers.
Working around the clock ... Australian lawyer Michael O'Connell accompanied by Australian Consul in Bali, Majell Hind, pictured outside Kerobokan Jail today. Picture: Lukman S. Bintoro Source: Supplied
Their case hinges on claims that the President failed to take into account the individual merits of each case — in Chan and Sukumaran's case their extraordinary rehabilitation behind bars, turning Kerobokan prison into a learning institution and acting as anti-drugs crusaders.
Mr O'Connell said the case alleges that "there was not a proper, genuine and realistic consideration of the clemency application".
He anticipates some jurisdictional issues will need to be dealt with before the case proper gets underway.
"It really comes back to whether or not the decision ought to be characterised as an administrative decision under administrative law in Indonesia or whether or not it is simply a decision that is made as of right by the President," Mr O'Connell said of the Families of the two men spent the day visiting the pair inside Bali's Kerobokan Jail, relieved at a delay in having them transferred to Nusakambangan Island, where it is planned they will face the executioners.
Prime Minister Tony Abbott denied threatening Indonesia over the Bali Nine case.
He said he was simply pointing to the strong bilateral relationship between Australia and Indonesia when reminded the Asian nation this week of the $1 billion Australia had given in aid after the 2004 Indian Ocean tsunami.
Emotional time ... Andrew Chan's sister visits him at Kerobokan Jail today. Picture: Adam Taylor Source: News Corp Australia
The comments sparked a sharp rebuke from the Indonesian government.
"I was pointing out the depth of the friendship between Australia and Indonesia, and the fact that Australia has been there for Indonesia when Indonesia has been in difficulty," Mr Abbott said.
Meanwhile, Indonesians were last month shown in chilling detail how the killings would occur after a local television station aired a mock execution.
TV One Indonesia aired footage on January 17, revealing the step-by-step process of how executions take place on Nusakambangan Island.
The program appeared ahead of the execution of five foreign drug traffickers the following day.
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