Scott Rush

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Scott Rush in custody in Indonesia.

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Accused Bali Nine ringleader, Andrew Chan

Scott Rush is an former Australian labourer from Chelmer, Queensland, a western suburb of Brisbane, arrested on April 17, 2005 at Ngurah Rai Airport in Bali, Indonesia with heroin allegedly weighing 1.5 kg concealed on his body. It was Rush's first trip to Bali. Rush was 19 at the time of his arrest. He is currently studying the Indonesian language.

On February 13, 2006, Rush was sentenced to life imprisonment [1].

Criminal trial

Rush is currently on trial in Indonesia as part of the Bali Nine group and faces a maximum penalty of execution by firing squad if found guilty. On January 23, 2006, prosecuters asked for Rush to be sentenced to life imprisonment rather than the death penalty. This demand is not binding for the judges as they can rule for the death sentence.

Fellow accused, Michael Czugaj has testified he travelled to Bali with Rush. Czugaj alleges Rush introduced him to Tan Duc Thanh Nguyen, also facing trial, whilst socialising in Brisbane. Czugaj states Nguyen offered them both a free holiday to Bali. When asked why he chose to travel to Bali on a paid holiday, Rush replaied "Basically we got the response that he (Nguyen) didn't have anyone to come to Bali with him". Nguyen has refused to testify. Czugaj confirmed Rush's account of events as being true [2].

Czugaj testified he and Rush had never met fellow accused Renae Lawrence or Martin Stephens, both of New South Wales until they were all arrested together at Ngurah Rai Airport, and has accused fellow suspect Andrew Chan of strapping the heroin to his body whilst wearing rubber gloves. Rush told the court Chan told him "You do as I say, don't mess around with me. I've got a gun with me and I could kill you. If I wanted to, I could kill you right now" [3]. Chan has protested his innocence, saying before the court, "A lot of lies have been set against me, but the true reality is I'm not what people put me out to be. I've never threatened anybody in my life" [4].

During court proceedings, Rush initally refused to handle strapping material admitted as evidence, saying "No no", before agreeing to handle the evidence after being urged by the judge. [5]

On February 13, 2006, Rush was sentenced to life imprisonment.

Criticisms of Australian Federal Police tipoff

Rush's father, Lee Rush, said he contacted the Australian Federal Police in April 2005 fearing his son was travelling to Bali and would commit a drug related crime. Lee Rush claims then to have received assurances from the AFP that they would tell his son he was under surveillance to dissuade him from going through with the crime. Scott Rush's lawyers said he was never contacted.

Rush has brought an action in the Federal Court of Australia in Darwin against the AFP for breach of the bilateral treaty between Indonesia and Australia when information was handed by the AFP to the Indonesians. Such information should only be released by the Attorney-General. However, the Commonwealth Government maintains that the treaty only applies after a suspect is charged [6]. The application was dismissed by the Federal Court in January, 2006.

During February 2006, Rush's parents gave an interview to Australian Broadcasting Commission television program, Australian Story, speaking out against Australian Federal Police actions.

"I was informed at 1.30 in the morning that Scott would be spoken to and asked not to board the flight to Bali. It wasn't until about mid-morning that I received a call from Bob and a distressed tone in his voice he said, 'Mate, we could not stop him, they have let him go through and he's on his way to Bali'. Under no circumstances do I condone the trafficking of drugs - I particularly dislike drugs of any nature, always have. When I received a call from the Australian Government authorities that Scott had been detained in Indonesia for attempting to export heroin, I was speechless, sickened to the gut."

Rush's mother, Christine Rush, also spoke of her disappointment with the Australian Federal Police. "I feel very let down by our Australian Federal Police - we tried to lawfully stop our son leaving the country, it wasn't done." [7].

The interview will air on ABC's Australian Story on February 13, 2006.

See also

• List of Australians in international prisons

References

• Rush family claim AFP assisted Indonesian authorities, Australian Broadcasting Commission, February 13, 2006
• Bali accused's family speak of anger at AFP, Australian Broadcasting Commission, February 13, 2006
• Rush's parents break their silence, Herald Sun, February 13, 2006
• Father 'tried to stop Bali 9 trip'
• Lawyers seek charges to extradite Bali nine
• Bali Nine death warning
• Rush re-enacts drug smuggling in court
• Smuggle or die, Bali Nine 'told'
• Rush testifies against Lawrence in Bali Nine trial
• Bali accused Rush tells of heroin strapping
• Prosecuters seek life for Rush