Bali Nine pair’s lawyers back in court

Myuran Sukumaran and Andrew Chan’s lawyers are set to make their case for an appeal of the presidential decree that denied them clemency.

The state administrative court last month rejected the clemency rejection challenge, which has sent the pair a step closer to the firing squad for their 2005 heroin smuggling bid.

The court threw out the challenge on jurisdictional grounds.
Lawyer for the Australians, Doly James, says his team on Wednesday will present documented evidence to support the case for the administrative court to hear the appeal.

‘We still have hope for Andrew Chan and Myuran Sukumaran,’ he told AAP.

‘There were errors in the issuing of the clemency rejection.

‘I’m not denying the prerogative rights of the president. But the president must also comply with the ethics and principle of good governance.

‘The decision is still the president’s prerogative but the process should not be reckless either, the president must be responsible.’

Last week the court laid out a timetable for the appeal, asking that it wrap up on April 1 for a decision soon afterwards.

If they are granted the appeal, lawyers for Chan and Sukumaran will argue President Joko Widodo didn’t properly assess their clemency case – including their well-documented rehabilitation – before issuing a blanket rejection to the Australians as drug offenders.

Indonesia’s Attorney-General HM Prasetyo has committed not to execute Chan and Sukumaran before their legal avenues are exhausted.

Seven of 10 prisoners in line for execution are pursuing court action and Mr Prasetyo says he will respect all of their legal processes.

Meanwhile, Chan and Sukumaran wait in lonely conditions on Nusakambangan island where the simultaneous executions are planned.

Foreign Minister Julie Bishop says she does not expect to be updated on the situation until the legal appeals are complete.

Indonesia’s Foreign Ministry meanwhile says it has passed on a request from Prime Minister Tony Abbott to speak by phone to Mr Joko, and it is now in the hands of the presidential palace.

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