Nightmare ... Bali Nine ringleaders Andrew Chan and Myuran Sukumaran are facing execution. Picture: AP Photo/Firdia Lisnawati Source: Supplied
Chinthu Sukumaran makes a statement out the front of Nusakambangan Island port before travelling over and visiting his brother and Bali Nine ringleader Myuran Sukumaran.
IT'S been said before but this time it seems certain — this is the last roll of the dice for Andrew Chan and Myuran Sukumaran.
The two men will not appear in person when the State Administrative Court in Jakarta today hears an appeal against a decision it made in February.
They will remain on the prison island of Nusakambangan, praying that high-profile lawyer Todung Mulya Lubis can persuade the court to look again at its earlier decision.
The State Administrative Court is something like the Administrative Appeals Tribunal in Australia, which examines decisions made by government.
Last chance ... Todung Mulya Lubis, lawyer for Andrew Chan and Myuran Sukumaran, during an interview in his office in Jakarta. Picture: Ardiles Rante Source: Supplied
In the February case, Mr Lubis challenged President Joko Widodo's decision to refuse the death-row inmates' clemency appeals.
Mr Lubis argued that the President's blanket clemency rejections for all 64 death-row inmates (now 58 after six were executed in January) showed a lack of justice and sound governance.
He said each case should have been considered on individual merit, but the court disagreed, saying President Widodo had absolute power to grant or refuse clemency at his own discretion.
Today's hearing will challenge the court's ruling and will seek to urge the court to compel President Widodo to make known his reasons for rejecting the pleas.
Mr Lubis told News Corp this week as he was preparing for the case: "I think as a matter of justice, Sukumaran and Andrew Chan have the right to know why the clemency petition was rejected.
"The court can revoke the decree as not in accordance with the law, with fairness and good governance."
Would he reconsider? ... Even if an appeals court rules in favour of Andrew Chan and Myuran Sukumaran it is unclear if Indonesian President Joko Widodo would reconsider clemency. Picture: AFP Source: AFP
It remains to be seen whether the court can be persuaded to intervene and challenge one of the powers of the Indonesian President, given it has already said it could not.
The previous unsuccessful case was heard in chambers before the judges who dismissed it on the same day.
It could be that today's legal arguments, between Mr Lubis's team and lawyers representing the President, could also be held away from public view.
In the unlikely event that the court decided to quash its earlier ruling, it is not clear what would happen next.
It would almost certainly buy time for Chan and Sukumaran, but there would be no reason why President Widodo could not reconsider the clemency appeal again, and reject it again if he so chose.
The difference would be that he would be required to give his reasons for denying clemency.
On guard ... Indonesian police stand guard in Cilacap, Central Java, Indonesia as a ferry with Indonesian police armoured vehicles carrying Andrew Chan and Myuran Sukumaran arrives at Nusakambangan island. Picture: AP Source: AP
The news comes as the family of Myuran Sukumaran has told how scared they are that he may die and have apologised for his crime and asked for mercy.
In an interview on Indonesian television network, SCTV, Sukumaran's brother Chinthu, told Wednesday night of the family's shock and shame at his arrest in 2005.
"He was 23-years-old when he was arrested and the family were very shocked and ashamed of what happened and we were surprised by everything," Chinthu said during the interview, filmed in Cilacap, Central Java, the town closest the island jail, where the Bali Nine families are waiting for news.
The families, including Andrew Chan's fiance Febyanti, visited the duo Wednesday in Besi prison, where they are being held in quarantine holding cells pending further announcements about their upcoming executions.
Chinthu highlighted the work done inside Bali's Kerobokan prison, where his brother set up art and other rehabilitation programs which have helped scores of Indonesian prisoners to reform and find their way in life.
"Inside the prison he has done many good things to make up for what he did, to say sorry to Indonesia and it was because of the Indonesian justice system ... that he was given a chance to say sorry and to help many people and the family is very grateful that the prison and the guards have supported him and helped him to become a better man," Chinthu said.
"And now we are very scared that he may die."
Appeal ... Michael Chan (right) and Chinthu Sukumaran (left) speak to journalists at the entrance of Nusakambangan prison island in Cilacap on March 9. Picture: /Bay Ismoyo Source: AFP
Chinthu said his brother deserved to be punished for his crime, but not with his life.
"He did something wrong, he committed a crime and he deserves to be punished. We accept that he must be punished, we just don't want him to be executed, we want him to stay in prison ...
"We don't ask that he goes free, we just ask that he be allowed to stay in prison and continue to help people. There are many prisoners that have talked about the things he has done to help people ... he has helped people to get skills, Indonesian prisoners, so that when they are released back into the community they can get a job and he is very grateful for that.
"We are very sorry and we just ask that the Indonesian people and the Indonesian Government show mercy."
It is the third Indonesian television interview the Bali Nine families have done in recent weeks in a bid to take their message of rehabilitation and redemption to decision makers and the President in Jakarta.
Visit ... the families of the Bali Nine duo leave their boat after visiting the two prisoners in Nusakambangan prison island. Picture: AFP/Bay Ismoyo Source: AFP
Meanwhile one of the men set to execute Chan and Sukumaran is distressed about enforcing the death penalty.
The Indonesian Brimob police officer, who was also involved in the executions of five drug runners in January, said he has to live with his task "for the rest of his life".
Attorney-General HM Prasetyo has said 13 firing squads are rehearsing for the coming executions which will see Chan, Sukumaran and up to 11 other convicted drug traffickers shot dead with Indonesian-made, standard-issue SS1 assault rifles.
"As Brimob, I have to do my job and I don't have any choice," the shooter, who cannot be named, told News Corp.
"But as a human, I will never forget this for the rest of my life.
"This, I will keep as a secret all my life."
Meanwhile the families of Chan and Sukumaran saw the men yesterday in what was their second visit since the pair's dramatic transfer to Nusakambangan island last week.
It was the first time Chan had seen his fiancee, Febyanti Herewila, who was turned away from Kerobokan jail in tears on the morning of his departure.
Heartbroken ... Andrew Chan's fiance, Febyanti, after visiting Chan on death row. Picture: Adam Taylor Source: News Corp Australia
Before boarding the boat over to the island, Sukumaran's brother Chinthu asked the Indonesian President to show mercy and allow the Bali Nine pair to spend the rest of their lives in prison.
"Our family remains hopeful that the President will get to see how much Myu and Andrew have done inside the prison to help the Indonesian people and that he will show mercy on our family," he said.
Mercy ... Myuran's brother, Chinthu Sukumaran, speaking outside the jail where his brother is held. Picture: Adam Taylor Source: News Corp Australia
This came as it emerged billionaire businessman Richard Branson had written to Indonesian President Joko Widodo, urging him to spare the lives of Chan, 31, and Sukumaran, 33.
The Virgin chief, a member of the Global Commission on Drug Policy, said in a letter to the Indonesian leader that he was willing to fly to Jakarta to discuss the issue.
"We have done a lot of research into the war on drugs on a global basis," he told the ABC.
"And based on science and real studied research, we found that countries that still carry out executions for drug offences have not seen any significant shifts in supply and demand and the drug trade remains remarkably unaffected by the threat of capital punishment."
Family support ... Brintha and Raji Sukumaran en route to visit Myuran. Picture: Adam Taylor Source: News Corp Australia
Late yesterday, Australia's top Islamic Cleric, Grand Mufti Ibrahim Mohamed arrived in Jakarta to plead for mercy for the Bali Nine duo.
Earlier yesterday Prime Minister Tony Abbott had refused to entertain Jakarta's threat to allow asylum seekers to head for Australia in response to any upset over the executions.
Mr Abbott responded to the warning that Indonesia could release a "human tsunami" by saying he wanted to find a constructive solution.
"I'm not in the business of picking fights with anyone," he said.
Meanwhile Frenchman Serge Areski Atlaoui, who was sentenced to death in 2007 for his role in producing ecstasy from a factory in Banten, near Jakarta, has had a temporary reprieve, with judges setting aside a decision on his judicial review until March 25.
Atlaoui, 51, was scheduled to be executed along with Chan and Sukumaran, but the extension on his case means it is unlikely he would be shot in the coming round.
There are also rumours that schizophrenic Brazilian Rodrigo Gularte's name has also been removed from the list pending medical evaluation, along with Filipino woman Mary Jane Fiesta Velosa, who also has further court hearings.
Chan and Sukumaran have a final chance in court on Thursday, where lawyers will argue that the State Administrative Court erred when it chose not to examine President Widodo's decision not to grant clemency.
