Cilacap, AAP – Attorney-General George Brandis has appealed to his Indonesian counterpart to allow death row inmates Andrew Chan and Myuran Sukumaran to pursue further legal action.
The drug smugglers are due to executed as early as midnight.
Senator Brandis has written for a third time to Indonesia’s attorney-general Prasetyo pointing out the proceedings in the Indonesian Constitutional Court and the Indonesian Judicial Commission.
A preliminary hearing of the Constitutional Court has been scheduled for May 12.
And the Judicial Commission intends to interview the two men in relation to its investigation into bribery allegations in the original trial, Senator Brandis said.
‘It would be a terrible outcome if rulings or findings in either of these proceedings called into question executions which have already been implemented and are irrevocable,’ he said.
Earlier report: Indonesia has told Australia it will execute the two Bali Nine ringleaders, despite desperate last-minute appeals by Foreign Minister Julie Bishop.
Ms Bishop received a letter from her Indonesian counterpart on Monday night but it offered no hope of a reprieve for Andrew Chan and Myuran Sukumaran, who are believed to be living out their final 24 hours.
‘They gave no indication that President (Joko) Widodo would change his mind and grant the clemency that we have sought,’ she told the Nine Network on Tuesday.
Indonesia hasn’t said exactly when the pair will face the firing squad but it’s understood the men’s families have been told to say their last goodbyes by 2pm on Tuesday (5pm AEST) before the executions are carried out on Nusakambangan island, Central Java, after midnight.
Ms Bishop has again pleaded with Indonesia to delay the executions after the Constitutional Court said it would hear an application by the pair, but not until May 12.
She said the men must not be executed until that case is heard, and until serious legal questions about the integrity of the men’s trial are resolved.
‘Both these legal processes could impact on the outcome,’ she said.
‘They reflect the integrity of the sentencing process and the clemency process, and so we urge the Indonesian government to allow these legal processes to proceed because of course executions are irrevocable.’
Ms Bishop said she was in regular contact with the condemned men and their families in what was a raw and difficult time.
She also defended Prime Minister Tony Abbott, after celebrities produced a video calling on him to show leadership, step up and save ‘our boys’, and travel to Indonesia to apply pressure on Indonesia.
‘Clearly, if travelling to Indonesia would make a difference, we would have gone there,’ Ms Bishop said.
‘But that’s not the advice that we receive from people who sadly have been involved in these situations before, and so I will continue to do what our experts say is the best we can do – to make representations to my counterpart.’
She said Mr Abbott had spoken to President Widodo about the case on a number of occasions, most recently in Singapore.
The men’s Australian lawyer Peter Morrissey said they must not be executed when there were outstanding corruption allegations against the judges who sentenced them to death.
It’s alleged the judges sought more than $130,000 to hand the men prison terms of less than 20 years.
‘There’s no way you can compel the Attorney-General to stop his firing squad if he chooses not to, but the judicial commission is there to investigate corruption and this is a serious corruption issue,’ he told ABC television.
Mr Morrissey said the legal team wasn’t giving up, but the men and their families were under no illusions about the situation.
‘They know that we may well fail. We’ve failed so far. It’s very disturbing to have hope kept alive when it’s not really very likely hope.
‘But that’s what we’ve been asked to do and that what’s we will do.’