Bali Nine execution shake-up

Written By Unknown on Rabu, 11 Maret 2015 | 14.41

Richard Branson has written to Indonesia pleading for clemency for the Bali Nine pair on death row.

Lending support ... Sir Richard Branson wants to speak to Joko Widdodo about stopping the execution of Chan and Sukumaran. Picture: Supplied. Source: News Limited

AS Richard Branson tries to save the Bali Nine duo, a legal challenge could alter the number of drug runners facing the firing squad with them.

Frenchman Serge Areski Atlaoui, who was sentenced to death in 2007 for his role in producing ecstasy from a factory in Banten, near Jakarta, has had a temporary reprieve, with judges setting aside a decision on his judicial review until March 25.

Atlaoui, 51, was scheduled to be executed along with Andrew Chan and Myuran Sukumaran, but the extension on his case means it is unlikely he would be shot in the coming round.

There are also rumours that schizophrenic Brazilian Rodrigo Gularte's name has also been removed from the list pending medical evaluation, along with Filipinio woman Mary Jane Fiesta Velosa, who also has further court hearings.

On the move ... Serge Atlaoui, handcuffed in a minivan and guarded by police, leaves Wijayapura port in Cilacap on his way to a court hearing. Picture: AFP/ Bay Ismoyo Source: AFP

Chan and Sukumaran will have one final chance in court in Jakarta tomorrow, where lawyers will argue that the State Administrative Court erred in when it chose not to examine President Joko Widodo's decision not to grant clemency.

Leading Indonesian lawyer Todung Mulya Lubis will argue that the President must reveal the reasons why he refused clemency, and argues if it can be shown his decision lacked fairness then the Administrative Court should overrule him.

Less fanfare ... Indonesian armed police enter the area as part of the preparations to move French death row prisoner Serge Atlaoui from Wijayapura port in Cilacap. Picture: AFP/ Bay Ismoyo Source: AFP

In the faint chance they were to succeed, their executions would be further delayed.

This may mean President Widodo would reconsider their clemency appeal but, presumably, nothing would prevent the him from rejecting clemency a second time, so long as he provided reasons.

Atlaoui was taken from the prison island of Nusakambangan on Tuesday afternoon, arriving at 4am in a prison in the outer Jakarta area of Tangerang.

His wife, Sabine, 48, insists her husband – with whom she has had two of his four children – is innocent of any crime. Sabine visited her husband in the cells beneath the Tangerang District court, carrying their youngest son, Yasin, aged about three.

"He was no drug trafficker," she told News Corp prior to the hearing. "He was employed in fabrication in a place that never produced any ecstacy."

French man Serge Atlaoui is driven off a prison island, as he heads for Jakarta for a last-ditch court bid to avoid execution by firing squad.

She said other Indonesians were arrested along with her husband, including one man who also received the death penalty and had also applied for a judicial review.

But she said her husband was not involved in the chemical production section of the factory, where authorities say the drugs were produced.

"We cherish every moment we spend together," Sabine said.

Lawyers who sought the judicial review of his case, known in Indonesia as a PK, said he was "just a technician. No one can prove the machine that he worked on was used to manufacture drugs".

They told the District Court that prosecutors and police had made an "assumption" he was involved, because Atlaoui happened to work in the factory.

The news comes after billionaire businessman Richard Branson has written to Indonesian President Joko Widodo asking him to spare the lives of Chan and Sukumaran.

The Virgin founder, who is also a member of the Global Commission on Drug Policy has lent his voice to the issue, saying the two men should not be executed.

Sir Branson said he wanted to speak directly to President Widodo about the issue.

"What we would love to do is speak with the president of Indonesia and try to give them a way forward, a positive way forward for its country," the British entrepreneur told ABC News 24 today.

Other options ... Sir Richard Branson said there are other options then killing drug criminals. Picture: Supplied. Source: Supplied

"We have written to the president saying if he will have us we would love to come and talk ... I'm willing to get on a plane today or tomorrow.

"All we're saying is there is a better approach."

Sir Branson said countries like Portugal who had taken a different line on drug crime, rather than enforcing the death penalty had been able to see drugs become a non-issue.

"The drug trade remains remarkably unchanged by the threat of capital punishment," he said.

"We would be willing to put up our time to explain to them what we have learnt on this issue.

"And obviously we would hope clemency in the meantime."

Sir Branson's comments come as Prime Minister Tony Abbott continues to be snubbed by President Widodo.

Mr Abbott put a request to the Indonesian President a week ago to have a one-on-one conversation about the issue but the request continues to be ignored.

Paid a visit ... Australian Consule General to Bali Mijell Hind, centre, arrives at Wijayapura port after visiting Andrew Chan and Myuran Sukumaran Picture: AFP/ Bay Ismoyo Source: AFP

This comes as the families of Andrew Chan and Myuran Sukumaran are visiting them in jail today.

It is the second visit since the men's dramatic transfer one week ago today.

Sukumaran's mother Raji, Chinthu and sister Brintha, along with a cousin are visiting Myuran while Chan's mother Helen, fiance Febyanti, a pastor and a family friend from Australia will see Andrew.

The group will be accompanied to the island by Australian Consul to Bali, Majell Hind, and are expected to spend the full four hours of visiting time with them.

They took plastic shopping bags of food and supplies.

Chan's fiance, Febyanti, was seen carrying several bags and other family members had a pillow.

It is the first time that Feby, as Chan's fiance is known, has visited him since he was moved to Nusakambangan island one week ago today.

The couple was engaged in Kerobokan prison last month.

Chan's brother Michael, who has been in Indonesia visiting now since early February, did not go today to allow Feby to go.

The only Indonesian in the group of 10, Zainal Abidin, first applied for a judicial review in 2005 and had received no result or judgment ever since. The court has now reinitiated the case. And authorities say that a judgment in the judicial review of the case of Filipino woman, Mary Jane Veloso, will be hastened.

Several others are also considering legal avenues, including two Nigerians.

Authorities have indicated that they are now waiting on the outcome of legal appeals before the executions can go ahead.


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