Bali 9’s final appeal thrown out

Written By Unknown on Selasa, 24 Februari 2015 | 14.41

Bali Nine ringleaders Andrew Chan and Myuran Sukumaran have failed in a last appeal to avoid execution.

Agonising ... Myuran Sukumaran (pictured) and Andrew Chan are awaiting a decision on their executions. Source: News Limited

BALI Nine pair Andrew Chan and Myuran Sukumaran have lost their chance to be spared execution after an Indonesian court dismissed their challenge.

The last-ditch legal effort failed after a Jakarta court decided it couldn't examine the challenge, with Judge Hendro Puspito saying the administrative court was not authorised to do so.

Lawyers for Chan and Sukumaran admitted there was only a slim chance the case in the administrative court would proceed. But they have confirmed to News Corp Australia that they are not giving up, and will launch another appeal.

They argued President Joko Widodo did not follow due process when he denied the Bali Nine pair clemency because they were death row drug offenders, without considering their circumstances.

But they had to clear jurisdictional hurdles that tripped up the only other case of its kind.

That case was brought by an anti-drugs group against the decision to grant clemency to another Australian drug smuggler, Schapelle Corby.

It also failed when the presidential decree was deemed outside the realm of the administrative court, and Corby is now free on parole.

Authorities say it's "very likely" the Bali Nine duo will this week be relocated to the island where Indonesia plans to execute them.

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Final destination ... The main entrance gate to Nusa Kambangan prison where the Bali Nine are due at some point to be executed. Photo by Ulet Ifansasti/Getty Images Source: Getty Images

The news comes as Bali's Chief Prosecutor said it was "impossible" that Chan and Sukumaran would be transferred to the death island prison in Java today or tomorrow.

Momock Bambang Samiarso said today that co-ordination was continuing with Nusa Kambangan prison officials about readiness of the island to take the death row inmates.

Asked today if the transfer was likely to happen today or tomorrow, Mr Samiarso said: "Impossible. Because we need to co-ordinate with Batu prison."

Batu is one of six jails on Nusa Kambangan island and is where authorities say the death row prisoners will be housed in isolation to await their executions.

However, the cells are currently being constructed with authorities saying they don't want those on death row interacting with other prisoners, which could cause unease on the island.

Mr Samiarso said it was confirmed that military aircraft would be used in the transfer but it was yet to be decided if it would be a Hercules or the CN transport plane which is currently parked at Bali's Ngurah Rai airport, alongside three Sukhoi fighter jets, to be used as security during the flight.

He said a military plane was being used for the transfer to avoid any "unwanted" trouble.

About 20 prosecutors and staff from Bali will accompany the two Australians on the plane during their final journey.

Behind bars ...Andrew Chan inside Bali's notorious jail Kerobokan Jail. Source: News Limited

Despite these plans, Australian Foreign Minister Julie Bishop says the Australian government is leaving "no stone unturned" in its attempt to halt the executions of the pair.

Ms Bishop said community and business leaders were also involved in making representations to the Indonesian government over the issue.

"There is more than one Indonesian department involved in this," Ms Bishop told ABC radio.

"We are not leaving any stone unturned in our efforts."

A 3D flyover of the final journey for Andrew Chan and Myuran Sukumaran from Bali to Nusa Kambangan prison where they'll be housed before their execution.

Lawyers for Chan and Sukumaran will today launch a last ditch appeal for a stay on their death sentences.

They will challenge the presidential decree that denied them clemency in a Jakarta court, asserting that President Joko Widodo did not properly assess their cases.

Ms Bishop admitted today that Tony Abbott's comments linking the fate of two Australians on death row in Bali to humanitarian aid were seen as unhelpful in Indonesia.

Unhelpful ... Julie Bishop admitted today that Tony Abbott's comments linking the fate of the two Australians on death row in Bali to humanitarian aid were seen as unhelpful in Indonesia. Pic: AFP PHOTO / MARK GRAHAM Source: AFP

The prime minister has been criticised for reminding Indonesia about the $1 billion that Australia provided it in the wake of the 2004 tsunami as he urged mercy for the pair.

Ms Bishop was asked this morning if those comments were unhelpful.

"It was seen that way in Indonesia," she told the ABC.

"I spoke to the vice president to make it quite clear that the PM did not intend to link it in an unhelpful way."

Meanwhile, President Widodo has asked reporters to take the heat out of their reporting of diplomatic tensions over plans to execute the Bali Nine duo.

Asked about Mr Abbott's comments on Monday, Mr Joko told a journalist: "There's already been clarification. Don't you heat this up."


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