[nasional_list] [ppiindia] Bali bombers trio to appeal convictions
- From: "Ambon" <sea@xxxxxxxxxx>
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- Date: Wed, 5 Jul 2006 01:38:13 +0200
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**http://www.theaustralian.news.com.au/story/0,20867,19688963-2703,00.html
Bali bombers trio to appeal convictions
Stephen Fitzpatrick, Jakarta correspondent
July 05, 2006
THE three Bali bombers on death row will appeal their convictions in an attempt
to avoid an Indonesian firing squad, angering the families of Australian
victims.
Their appeal will be based on the fact that the anti-terrorism legislation used
to convict them of the October 2002 bombings that killed 202 people was enacted
after the attacks, lawyer Wirawan Adnan told The Australian yesterday.
Imam Samudra, 36, Amrozi bin Nurhasyim, 43, and Ali Ghufron, alias Mukhlas, 46,
have already said they do not want a presidential pardon for their crimes.
But Mr Adnan said the planned application for a judicial review had "no
connection" with their guilt or otherwise.
"Even criminals deserve justice. So they must be tried under the criminal code,
not under the anti-terrorism legislation," Mr Adnan said. "We have already
received the power of attorney from our clients to lodge the review.
"They themselves (the bombers) have requested this. If the review is accepted,
there will be a new verdict in a new case."
Peter Iliffe, whose 28-year-old son Joshua was among the 88 Australians killed
in the bombings, said he was shocked by the turnaround.
"Rotten bastards. So much for their mouthing-off initially - they're just
cowards," Mr Iliffe said. "This is just unbelievable, and we go on kowtowing."
Mr Iliffe said he would like to see Australia try to state a case on behalf of
victims. "Certainly, Foreign Affairs should do something about it. I think
(John) Howard should comment as well," he said.
"I'm just shocked for all the mouthing-off those mongrels did. They're just
bloody gutless cowards. It shows what brave fellas these terrorists are - at
least they could have the courage of their convictions."
Mr Adnan conceded that the men could still be sentenced to death under the
criminal code.
It was widely expected that the three men would not appeal, even though
Indonesia's constitutional court ruled in 2003 that its enabling of retroactive
legislation specifically to try the three had been illegal. That ruling was in
a suit brought by Mr Adnan separately to the bombers' actual trials.
"We've been telling the court all along that they can't use this retroactive
legislation, but no one has listened to us," Mr Adnan said.
"We've been thinking about lodging this review for a long time."
Indonesian Attorney-General Abdul Rahman Saleh said this week he expected the
three men to be executed on the remote prison island of Nusakambangan off
southern Java, where they are now housed, rather than in Bali, where they
committed their crimes.
The three had previously been sharing space in Bali's Kerobokan jail with
Australians Schapelle Corby, the Bali Nine heroin smuggling gang and, for a
short time, model Michelle Leslie, who was arrested for possessing ecstasy. The
bombers were moved to Nusakambangan in October on security grounds.
In Denpasar last night, an Islamic militant on trial for last year's bombings
on the island admitted to meeting the alleged organiser of the attacks and
withholding information from police - but said he did so only after being
brainwashed.
Abdul Azis, 30, told Denpasar District Court he met Malaysian terror fugitive
Noordin Mohammed Top 10 times in the months leading to the October suicide
bombings that killed 20 people.
"I do not agree with suicide bombing or fighting against other religions," he
said, adding that he did not go to police, because of Noordin's persuasive
powers.
"Maybe he was using black magic. He has an extraordinary charisma."
Additional reporting: AP
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