Bali Nine duo to be transferred

Written By komlim puldel on Selasa, 03 Maret 2015 | 20.01

Bali's prosecutor is waiting on word from Jakarta before announcing the date of the Bali Nine executions.

Condemned ... Andrew Chan and Myuran Sukumaran when their verdicts were handed down in 2006. Source: Supplied

BALI's chief prosecutor, Momock Bambang Samiarso, has confirmed that the Bali Nine pair will be flown to the island of their death tomorrow.

He suggested late today that the transfer could happen earlier than the midday time he gave originally.

"Just stand by from morning," he told reporters.

"Tomorrow. We will see. Just stand by from morning."

"Everything is already complete," Mr Samiarso said of the preparations for the move.

He said six prosecutors would accompany Andrew Chan and Myuran Sukumaran on their journey, along with a fully-armed contingent of Brimob paramilitary police.

He said the pair would be placed in isolation cells to await the date of their execution.

And he indicated the men would be asked for their last requests later.

Final countdown ... Andrew Chan and Myuran Sukumaran will be transferred to Nusa Kambangan on Wednesday. Picture: AP Source: News Corp Australia

The men's Australian lawyer, Julian McMahon, spent several hours inside the prison with them.

He left without commenting, walking sadly to a waiting car. Mr McMahon has been on the journey with Chan and Sukumaran and has been visiting them regularly as the legal team tried to have the rule of law adhered to.

Chan and Sukumaran's lawyer, Todung Mulya Lubis, has pleaded with the Indonesian President and Attorney General not to transfer and execute the two Australians before they have exhausted all their legal appeals.

Goodbyes ... Australian lawyer Julian McMahon visit to Kerobokan jail to meet the Bali nine duo. Picture: Supplied Source: News Corp Australia

And he has revealed that the Judicial Commission, which is investigating claims of bribery requests from the judges who sentenced them to death originally, has asked for statements from Chan and Sukumaran and their first lawyer.

"What is the point of having all this legal recourse available to you by the law if they don't respect it. That is a miscarriage of justice," Mr Lubis said late Tuesday in Jakarta.

"So that is my plea to the Attorney General. That is my plea to the President. Please wait until all this legal process (is) completed," he said.

Mr Lubis and his team have lodged an appeal in the State Administrative Court in Jakarta against a decison not to hear their earlier case, questioning the way in which the clemency was rejected early this year.

And the Judicial Commission was now preparing to commence an investigation into the conduct of their original trials in the Denpasar District. They have also sought a statement from Muhammad Rifan, the men's original lawyer, who first raised the bribery allegations last month when he made a surprise visit to the men in jail.

The announcement came only minutes after Myuran Sukurmaran's devastated mother, Raji Sukumaran left Kerobokan jail after spending all day inside with her son.

Andrew Chan's brother, Michael, also visited the prison and the pair's Australian lawyer Julian McMahon went in to see his clients.

The Bali jail Governor, Sudjonggo, said that Chan and Sukumaran had been informed of the transfer.

Fate sealed ... Bali Nine ringleader Myuran Sukumaran walks around inside Kerobokan jail. Picture: Adam Taylor Source: News Corp Australia

He said the Australians accepted their fate and had given some of their belongings and clothes to the remaining three Bali Nine members and other prisoners. They had also been advised what they could take with them when they leave the cells that have been their homes for the past decade.

Some of Sukumaran's paintings will be placed in the gallery, recently constructed outside the jail, as part of his passion for art.

Sudjonggo said the two men appeared calm and had told other prisoners to remain calm and take care.

Foreign Affairs Minister Julie Bishop said she was "dismayed" by the reports that Chan and Sukumaran would be transferred to the execution island.

"I am dismayed by reports that Andrew and Myuran are to be transferred by Indonesian authorities in preparation for their execution," Ms Bishop told News Corp Australia.

"This is devastating news for the men and their families."

But Ms Bishop said she would not give up hope that the two men could be granted clemency.

"I will continue to contact counterpart Ministers to press for a stay of execution," she said.

"Given their rehabilitation, it is callous for these executions to proceed."

Flights to the island could leave Denpasar as early as 6am tomorrow local time (9am Sydney time).

Momock Bambang Samiarso, the chief prosecutor of Bali, said all co-ordination was now complete and the two Australians would be flown to Nusa Kambangan on Wednesday.

"The co-ordination has been completed. (The transfer) will be conducted tomorrow," Mr Samiarso said, adding, "We plan at midday".

Mr Samiarso said two aircraft, a CN 295 transport plane and a Hercules, will be used in the transfer.

Date set ... Julian McMahon, the lawyer for Myuran Sukumaran and Andrew Chan, visits Kerobokan. Picture: AFP Source: AFP

Chan and Sukumaran would be in the same plane and the rest of the

co-ordination team would be in the other plane.

Earlier, Indonesia's Attorney-General HM Prasetyo said that "God willing, hopefully" Chan and Sukurmaran would be moved this week from Bali to Nusa Kambangan.

Speaking to reporters in Jakarta today, Mr Prasetyo said that preparations in Nusa Kambangan were now 95 per cent complete but improvements needed to be made after the last round of executions on January 18.

Statement ... Bali chief prosecutor Momock Bambang Sumiarso speaks to reporters at Kerobokan prison. Picture: AFP Source: AFP

Asked if the Bali Nine duo would be moved this week, Mr Prasetyo said: "Insha Allah (God willing), hopefully. Not the implementation, at least the evacuation. It's not in one place, in Kerobokan, Madiun, Yogya. They will gather (in NK), then we will decide the (date of) execution."

He was referring to the fact that of the 10 to be executed, four are outside Nusa Kambangan — two in Bali, one in Madiun and one in Yogyakarta.

But Mr Prasetyo said he was yet to receive a report from the Bali chief prosecutor about when Chan and Sukumaran would be transferred.

Early today the prosecutor, Momock Bambang Samiarso, said the Australians would be moved from Bali within 48 hours. He later revised this to 72 hours, saying it could be Thursday.

"I have not received the report (from Bali), I am still waiting for the report. Today or tomorrow. Technically, we handed it to them. For sure, from Kerobokan they will be transported by air transport mode," Mr Prasetyo said.

"We will carry out (the executions) after all preparations have finished, because we have evaluated the first execution, there were a few things that need to be improved. It is 95 per cent (read), five per cent left, evacuation and so on," he said.

MERCY BID: Bali Nine duo's plea to President Joko Widodo

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But then asked if it was definitely at night, as opposed to the police suggestion to conduct the high-security transfer in the day time, Mr Samiarso said: "If it is good at noon, will be at noon. If it is good in the morning, will be in the morning."

He said all preparations were now complete and a further meeting is planned in Bali today to fine tune the details.

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.

"(The meeting is) for preparation. For finalisation. As many related parties are involved in the process, the prison, police, military, airport, and others. So, we should have meeting for coordination," Mr Samiarso said.

Myuran Sukumaran in Kerobokan jail. Source: News Corp Australia

Andrew Chan in Kerobokan jail. Source: News Corp Australia

Lawyers for the duo were expected to lodge a legal appeal late yesterday and said it would be "shocking" and "unthinkable" if they were executed before the appeal was heard.

Speaking outside Kerobokan prison in Bali, their Australian lawyer Julian McMahon said it would be "unthinkable" for the executions to proceed in a modern democracy governed by the rule of law.

Run through ... Badung Region Police rehearse lining up around the car that will transfer Chan and Sukumaran from Kerobokan jail to the airport. Picture: Supplied Source: Supplied

"Now if it turns out that my clients are moved from here to a place of execution while they are in the process of having an appeal heard in a court then that would be a shocking thing," Mr McMahon said.

"It's unthinkable that people who are having their right to life litigated in a court can at the same time be taken away for that court by powerful people, such as the executive and simply executed."

Legal plea ... Australian lawyer Julian McMahon at Kerobokan. Picture: Lukman S. Bintoro Source: Supplied

But Bali's chief prosecutor, Momock Bambang Samiarso, said the transfer to Nusakambangan could be Wednesday, Thursday or Friday this week.

Speaking on his way to Kerobokan jail for a meeting with the jail governor, Mr Samiarso said that he has reported to the Attorney-General that Bali is ready for the move.

He said the pair would be transferred by aircraft.

Asked about the fact that several of the condemned have lodged court actions, Attorney General HM Prasetyo said: "All of them have lodged clemency pleas. What does that mean? Clemency means that they have asked for forgiveness. So by asking for forgiveness they confessed that they were guilty, accept the verdict and ask for forgiveness. The clemency plea has been answered. So if clemency is rejected there should be no more legal venues that need to be lodged. What else?"


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