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Bali 9 Timeline By Caleb Reilly- Hall

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Page 1: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

Bali 9 TimelineBy Caleb Reilly- Hall

Page 2: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2005

Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia. Indonesian customs officers allege four of the group — Martin Stephens, Renae Lawrence, Scott Rush and Michael Czugaj — were found at Denpasar airport with packages of heroin strapped to their bodies. They say another three — Si Yi Chen, Tan Duc Thanh Nguyen and Matthew Norman — were arrested at the Maslati Hotel at Kuta Beach in possession of about 300 grams of heroin. Police say two others — Andrew Chan and Myuran Sukumaran — were also arrested at Denpasar airport in relation to those found carrying heroin.

The Australian Federal Police (AFP) confirm Indonesian police had been acting on information given to them by Australian authorities

Scott Rush and Renae Lawrence commence court action against the AFP, alleging the service was wrong to pass on information to Indonesia that led to their arrests

Trials begin in Denpasar for Michael Czugaj and Myuran Sukumara The trial for Martin Stephens begins Matthew Norman, Si Yi Chen and Tan Duch Thanh Nguyen — the three arrested at the Kuta Beach

hotel — appear jointly in a separate trial Trials commence for Andrew Chan and Scott Rush Renae Lawrence's trial begins in Denpasar Sentences handed down Renae Lawrence after her verdict from Denpasar court on February 13, 2006 Renae Lawrence and Scott Rush are both sentenced to life in prison by the Denpasar district court The sentence for Lawrence was a surprise move, as prosecutors had asked for a 20-year sentence In both cases, the judges said there was no evidence to back the defendants' claims that they had

been forced to carry the drugs under the threat that members of their families would be killed

Page 3: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2006

Andrew Chan and Myuran Sukumaran are found guilty and sentenced to death by firing squad - the first time the Denpasar district court has handed down death sentences for drug trafficking

The court finds Chan and Sukumaran guilty of providing the money, airline tickets and hotels to drug mules

Michael Czugaj and Martin Stephens are sentenced to life imprisonment Matthew Norman, Si Yi Chen and Tan Duc Thanh Nguyen are sentenced to life in prison A lawyer for Renae Lawrence lodges an application to appeal her life sentence Three days later, Scott Rush's lawyers announce they will focus on a plea for clemency to Indonesia's

president, Susilo Bambang Yudhoyono, instead of lodging an appeal The rest of the Bali Nine also lodge applications to appeal their sentences On April 26, the appeals by Andrew Chan and Myuran Sukumaran are rejected by the Bali high court A day later, the sentences of Lawrence, Michael Czugaj, Matthew Norman, Tan Duc Thanh Nguyen and

Si Yi Chen are reduced to 20 years by the court The life sentences for Rush and Martin Stephens are upheld Indonesian prosecutors announce on April 29 their intention to appeal against the reduced sentences Scott Rush, Tan Duc Thanh Nguyen, Si Yi Chen and Matthew Norman are sentenced to death after

prosecutors appealed against their lighter jail sentences The life sentence for Martin Stephens is upheld and Michael Czugaj's reduced 20-year jail term is

increased to life. The death sentences for Andrew Chan and Myuran Sukumaran remain unchanged Two days later, Australian prime minister John Howard says it is not the right time to intervene on

behalf of the Bali Nine "There are still matters potentially to be heard before Indonesian courts," he said. "I don't want any argument being put to those courts by those authorities that in some way the Prime

Minister is trying to interfere in the sentencing procedures of the courts in Indonesia."

Page 4: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2007

Lawyers for Scott Rush file a constitutional challenge to his death sentence on the basis that the Indonesian constitution states every person has the right to life

Indonesia's constitutional court does not have the power to quash the death sentences so the challenge is dismissed

Rush's lawyers argue that as a signatory to the International Covenant on Civil and Political Rights, Indonesia should reserve the death penalty for the most serious crimes like murder

In December, chief judge Jimly Ashidiqie recommends that Indonesia consider changes to the country's criminal code which would see death row inmates have their sentences commuted to life or 20 years after 10 years of good behaviour behind bars

Lawyers for Tan Duc Thanh Nguyen, Si Yi Chen and Matthew Norman file a separate judicial review appeal of their death sentences

Prime minister John Howard says he has raised the issue of the Bali Nine group during talks with Indonesian president Susilo Bambang Yudhoyono.

"I thought it was appropriate to mention the fact that it's an issue that attracts a lot of interest in Australia," he said

Page 5: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2008

The death sentences for Tan Duc Thanh Nguyen, Si Yi Chen and Matthew Norman are reduced to life in jail by Indonesia's supreme court

The judicial review is the final appeal in the Indonesian legal system

Page 6: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2010

Martin Stephens lodges his request for a judicial review of his life sentence

Ten months later the appeal is rejected Andrew Chan and Myuran Sukumaran lodge judicial review

requests of their death sentences During their appeal the pair express remorse for their crimes

and beg for forgiveness The head of Kerobokan prison tells the court Chan and

Sukumaran had contributed to prison life by holding computer and art lessons for fellow inmates

Scott Rush appears in court for his final appeal, which is bolstered by a letter from the AFP stating he played only a minor role in the drug-smuggling ring

AFP commissioner Mick Keelty testifies in court The judges' recommendations are passed to the supreme

court for a final ruling

Page 7: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2011

In a final appeal to the Indonesian supreme court, Scott Rush's death sentence is reduced to life behind bars

For Rush's Australian lawyer, Robert Welfare, the result is heartbreaking "shed a tear or two," he said "I've seen the conditions in Bali prison and I know the conditions that

Scott's living in now.“ The supreme court judges reviewing Andrew Chan's appeal say they find

no obvious error in the original decision to impose the death penalty Laywers are hopeful that he and fellow smuggler Myuran Sukumaran may

be granted clemency by the Indonesian president Indonesia's supreme court confirms Myuran Sukumaran will face the firing

squad unless president Susilo Bambang Yudhoyono grants clemency The court rejected his judicial review appeal Andrew Chan appeals for Indonesian president Susilo Bambang Yudhoyono

to pardon him from execution so he can have a chance to live and reform Kerobokan's prison chief, Gusti Ngurah Wiratna, says the appeal was based

on Chan's age

Page 8: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2012

Myuran Sukumaran applies for a presidential pardon on the same basis as his co-accused Chan

In December, it appears the two Australians receive a one-year reprieve from their death penalties as the attorney-general's office leaves them off a list of criminals to be executed in 2013

Renae Lawrence's father appeals to the government to help with legal costs associated with his daughter's bid for parole

Bob Lawrence says the family has already parted with $300,000 and his daughter put the cost of a lawyer at $100,000

"We didn't know until a couple of weeks ago that she's due for parole next year," he said

Page 9: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2014

In an address to university students, Indonesia's new president Joko Widodo says there will be no mercy for drug-related crimes

Mr Widodo says a number of appeals for clemency have been sitting on the presidential desk for some time

Page 10: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2015

The Australian Government confirms Myuran Sukumaran has lost his final avenue, a presidential pardon, for appeal against the death penalty

Prime Minister Tony Abbott says he hopes Sukumaran's execution — and that of Chan — does not go ahead

"We oppose the death penalty for Australians at home and abroad," he said

"We obviously respect the legal systems of other countries, but where there is an attempt to impose the death penalty on an Australian, we make the strongest possible diplomatic representations. As [Foreign Minister] Julie Bishop has indicated, that's happening right now."

Prime Minister Tony Abbott appeals directly to Indonesian president Joko Widodo to show mercy to Andrew Chan and Myuran Sukumaran

A spokeswoman for the Prime Minister said the Government would continue to make representations to seek to avoid the execution of the two Australians

Three days later, Mr Abbott renews his written plea to Mr Widodo to accept requests for clemency on behalf of the pair

"My job is to try and stop the executions going ahead," Mr Abbott said

Page 11: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2015

Andrew Chan's plea for presidential clemency is rejected, meaning both he and Myuran Sukumaran could face the firing squad within weeks

The rejection of Chan's clemency plea effectively means the men have exhausted their avenues of legal and presidential appeal

However, as a last-ditch effort, lawyers for the pair launch an attempt to have a judicial review of their entire cases from their legal proceedings through to their clemency bids

The death row inmates officially file applications for a judicial review of their cases Denpasar district court spokesman Hasoloan Sianturi says the application will be

considered by the chairman in reference to Indonesian law and in consultation with the country's supreme court

Five days later, the court denies Andrew Chan and Myuran Sukumaran the chance to have another judicial review "since no new evidence is provided by the convicts“

The Indonesian government confirms the two convicted drug smugglers will be put to death in the next round of executions

The first round of executions under president Joko Widodo took place on January 18, 2015

No decision is made on when the executions will take place but the pair could get as little as 72 hours' official notice of their execution

Four days later, the Indonesian foreign affairs ministry confirms to the Australian embassy in Jakarta that Chan and Sukumaran are due to face a firing squad in February

However, the attorney-general's office, which is responsible for organising executions, is yet to decide on a date

Page 12: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2015

Lawyers for Chan and Sukumaran launch a rare challenge against the Indonesian president's refusal to grant them pardons

Their lawyer, Todung Mulya Lubis, says their "last chance" is to challenge president Joko Widodo's decision in an administrative court — a move that has rarely been attempted

"We have done almost everything and now we are planning to file another claim to the administrative court in Jakarta," Mr Mulya said

Two days later, attorney-general Muhammad Prasetyo dismisses the attempt at another legal challenge, saying it is not possible to challenge the president

"Clemency is a prerogative right that cannot be obstructed by anybody, cannot be challenged by anybody. It's a prerogative right," Mr Prasetyo said

"The president has that prerogative right as the head of state and nothing can obstruct that.“ Indonesian president Joko Widodo defiantly defends his reasons for refusing to grant

clemency to convicted drug smugglers on death row Mr Widodo, who has a policy of denying clemency for all drug offenders, says he has rejected

64 bids for clemency and is not forgiving any drug criminal Later that day the head of the Bali prosecutor's office confirms he has received permission to

transfer Andrew Chan and Myuran Sukumaran out of Kerobokan prison so they can be taken away for execution

No date has yet been set for the executions Prime Minister Tony Abbott urges Indonesia to remember the contribution Australia made to

the tsunami relief effort in 2004 and spare the lives of Andrew Chan and Myuran Sukumaran. "When Indonesia was struck by the Indian Ocean tsunami Australia sent a billion dollars'

worth of assistance," Mr Abbott said.

Page 13: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2015

"We sent a significant contingent of our armed forces to help in Indonesia with humanitarian relief."

But Indonesian foreign ministry spokesman Armanatha Nasir warned threats were not part of diplomatic language

"No-one responds well to threats," he said "OK, it will be difficult for me or for Indonesia to see that any fallout in a bilateral

relationship only affects one country. I hope the statement made does not reflect the true colours of Australians."

The call comes as Indonesia's attorney-general announces that plans to move Chan and Sukumaran to the island prison Nusa Kambangan in preparation for their executions will be postponed

The spokesman says the executions "almost certainly" will not occur this month An Indonesian court throws out an appeal to examine the way in which the country's

president considered the clemency request for Andrew Chan and Myuran Sukumaran A preliminary hearing in the state administrative court heard arguments that president Joko

Widodo should reconsider clemency for the Australians But Justice Hendro Puspito says the court does not have the authority to try the case, that

clemency is a gift from the president, and that right is not part of an administrative dispute.

President Joko Widodo insists Jakarta will push ahead with the executions "The first thing I need to say firmly is that there shouldn't be any intervention towards the

death penalty because it is our sovereign right to exercise our law," Mr Widodo said The Bali Nine pair have two weeks to file an appeal against the court's dismissal decision

Page 14: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2015

An influential Indonesian politician and trusted confidant of president Joko Widodo comes out against the death penalty in a rare public announcement

Basuki Tjahaja Purnama, popularly known as Ahok, is the governor of Jakarta – one of the country's most high-profile positions

Mr Widodo, a former governor of Jakarta himself, is standing by his decision to not grant clemency to drug traffickers on death row including Andrew Chan and Myuran Sukumaran

But Mr Purnama has asked his close friend to reconsider, saying he disagreed with capital punishment because inmates could change into "someone better“

Bali's chief prosecutor says he plans to transfer Andrew Chan and Myuran Sukumaran out of their Bali prison in the next 48 hours in preparation for their executions

Momock Bambang Samiarso is charged with the responsibility of transferring the men to an island prison off Java to face a firing squad

The two Bali Nine members were due to be taken away to the island last month before the move was postponed

Mr Momock now says he has an order to transfer them this week, and plans to do so tonight or tomorrow night

Page 15: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2015

Andrew Chan and Myuran Sukumaran are moved from Kerobokan prison to be flown to the island jail where they are scheduled to face the firing squad

The men left the Bali jail compound in a police armoured vehicle Minutes before the transfer Chan's brother Michael was denied access

Kerobokan prison Lawyers for the inmates are still attempting a legal appeal Foreign Minister Julie Bishop makes an eleventh-hour bid to save Andrew Chan

and Myuran Sukumaran, suggesting repatriating three convicted Indonesian drug criminals in return for the lives of the two men

It is understood Indonesia did not accept the offer during a tense phone call between Ms Bishop and her Indonesian counterpart

Relatives of the two arrive in Central Java to visit before the executions Meanwhile, Australia lodges an official complaint to the Indonesian

government over photos of the Denpasar police chief posing with Chan and Sukumaran

The photos have been published in local and international media of Commissioner Djoko Hari Utomo on the flight with the pair from Kerobokan prison in Bali to Central Java

The Commissioner told Fairfax Media he was trying to raise the spirits of the Australians and had no idea the photos were being taken

Page 16: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2015

Tony Spontana, a spokesman for attorney-general Muhammad Prasetyo, says the government has put the executions on hold until all legal avenues are explored

They include the challenge to a court decision made by lawyers for Chan and Sukumaran, as well as appeals for French and Brazilian nationals

Mr Spontana says he cannot put a timeframe on how long the process of review might take

Speaking after the announcement, Foreign Minister Julie Bishop says she hopes the delay represents "a change of mind“

Five relatives pay their first visit to Andrew Chan and Myuran Sukumaran since they were moved to the prison island of Nusakambangan

Until now, the men have only been allowed visits from Australia's consul-general to Bali and lawyers

Multiple members of each family were allowed to go to Nusakambangan and were to spend up to four hours there

Australia's most senior Islamic cleric travels to the Indonesian capital to plead for the lives of Chan and Sukumaran

Dr Ibrahim Abu Mohamed, the Grand Mufti of Australia, meets with Indonesia's religious affairs minister Lukman Saifuddin to urge the Indonesian government to show mercy

His call joined that of Sir Richard Branson, who also spoke out in his role as a member of the Global Commission on Drug Policy

Sir Richard and fellow commissioners have written to Indonesian president Joko Widodo, saying the impending execution of 10 prisoners for drug crimes — including Chan and Sukumaran — is a barbaric and inhumane form of punishment

Page 17: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2015

Indonesian attorney-general Muhammad Prasetyo tells Indonesia's respected journalism group Tempo the next round of executions will be carried out once all of the condemned inmates have finished their appeals

That is a process that could take months to resolve Earlier this week Mr Prasetyo left open the option of dividing up the group of 11 as

individual appeals are completed However, his latest comments mean Chan and Sukumaran could be spared from the

firing squad for months, while other foreigners on death row beside them pursue judicial reviews of their cases

A lawyer representing Chan and Sukumaran begins their appeal against the administrative court's decision to deny them a chance to challenge the Indonesian president's refusal to consider granting them clemency

Lawyers for president Joko Widodo argue the court was right to determine it does not have the jurisdiction and instead the supreme court has already ruled that presidential clemency cannot be challenged

But lawyers for the two Australian drug smugglers are pressing ahead, saying they are challenging the process

The case has been adjourned until March 25, with two more hearings to follow, before a decision in early April

It was then again adjourned to March 30 after the pairs' lawyers could not produce a key witness

Page 18: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2015

Lawyers for Chan and Sukumaran were confident they made a strong case to challenge the president's refusal to grant them clemency

The dean of Law from Ekasakti University, Dr Otong Rosadi, testified as an expert witness for the pair, who attempted to convince the administrative court to hear a challenge against the president's refusal to grant clemency

The court previously deemed it did not have the authority to hear a challenge

But Dr Rosadi told the court there was no power that could not be accounted for and said the court was the right place to review the president's decision

The Indonesian administrative court rejected Chan and Sukumaran's appeals against the president's refusal to grant them clemency

Three judges said clemency fell under the constitution but not under administrative law, and so was not in their jurisdiction

The court said it could only hear matters to do with regulations created by parliament or government

In their verdict, the judges dismissed expert witness testimony provided by Mr Widodo's lawyers because they did not appear in person

Lawyers for the pair said they were disappointed in the verdict and vowed to continue to pursue all legal options to save Chan and Sukumaran

Another of the pair's lawyers, Michael O'Connell, said in the next few days the pair's Indonesian legal team would lodge an application in Indonesia's constitutional court

Page 19: By Caleb Reilly- Hall.  Nine Australians are arrested in Bali on suspicion of attempting to smuggle more than eight kilograms of heroin out of Indonesia

2015

Andrew Chan and Myuran Sukumaran received formal notification they will be executed soon

Indonesian government officials called consular teams for all foreigners due to be executed to explain rules and processes, including how death row prisoners' "last requests" would be met

Andrew Chan and Myuran Sukumaran received a briefing from their lawyers on the intentions of Indonesian authorities during a visit to the prison island of Nusakambangan

Although the prisoners have been told they will be executed and that "the soonest " will be in three days, Indonesian officials stress that the "72-hour rule" is only a minimum and does not prevent the government waiting longer if it chooses

Andrew Chan and Myuran Sukumaran are executed by firing squad alongside six other death row inmates on Nusakambangan island in central Java

Filipina Mary Jane Veloso is spared Two nights before his execution, Chan married his fiancée Febyanti Herewila in

a prison ceremony In his final days Sukumaran painted poignant artworks entitled The second last

day and One Heart, One Feeling in Love, which was signed by all nine prisoners who faced the firing squad alongside the Australians