Scott Rush

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Scott Rush
Born December 3, 1985 (1985-12-03) (age 22)
Alias(es) Bali Nine
Conviction(s) Drug trafficking
Penalty Death
Status Imprisoned (Indonesia)
Scott Rush in custody in Indonesia.
Scott Rush in custody in Indonesia.

Scott Anthony Rush (born December 3, 1985 [1]) is a 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 weighing 1.3 kg taped to his legs under his clothing. It was Rush's first trip to Bali. Rush was 19 at the time of his arrest.

On February 13, 2006, Rush was sentenced to life imprisonment[2]. Rush appealed this sentence, and on September 6, 2006, his sentence was upgraded to the death penalty [3] - the only drug mule who received this sentence.[4]

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[edit] Earlier life

During his schooling years, Rush was expelled from Brisbane's St Laurence's College during his Year 10 studies relating to a drug-related incident. He then moved to an inner brisbane school, Marist College, and then graduated in 2002. Rush was using cannabis at the age of 15 and has also used heroin, ecstasy and prescription drugs. A report compiled by the Queensland Community Corrections Department stated "Rush's drug of choice is amphetamines. He first began using amphetamines three years ago at the age of 17. He stated that his method of use has always been intravenous" .

During December 2004 Rush pleaded guilty at the Inala Magistrates' Court to 16 offences including drug possession, fraud, theft and drink-driving. A warrant for his arrest in Australia is currently outstanding relating to AUD$4796.95 stolen from the Commonwealth Bank [5].

[edit] Arrest in Indonesia

On April 17, 2005, Scott Rush was arrested by Indonesian police and found to be carrying 1.3kg of heroin strapped to his legs underneath his clothing. Three other Australians were also apprehended, and another, Andrew Chan, was arrested whilst seated on a plane waiting to depart.

Later, four Australians were arrested in raids in Kuta.

[edit] Criminal trial

Fellow accused and friend, Michael Czugaj has testified he travelled to Bali with Rush. Czugaj alleges Rush introduced him to Tach 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 replied "Basically 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 [6].

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" [7]. 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" [8].

During court proceedings, Rush initially refused to handle strapping material admitted as evidence, saying "No no", before agreeing to handle the evidence after being urged by the judge. [9]

On February 13, 2006, Rush was sentenced to life imprisonment. Family friend, Neil Urquhart, was quoted in response to the life sentence imposed on Rush:

"We know he's guilty of it, but you know in Australia, the sentencing is totally different. All right, so he's in a different country and I suppose by rights, you should obey the laws of the country and you've got to accept what they say. But it's a bit harsh." [10]

On September 5, 2006, it was reported in several Australian newspapers that Rush and three of the other Bali Nine had been sentenced to death upon appealing their original sentences. This was later confirmed as being true.

[edit] 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 [11]. The application was dismissed by the Federal Court in January, 2006.

During February 2006, Rush's parents gave an interview to Australian Broadcasting Corporation 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." [12].

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

[edit] Prison life

Rush is serving his term of imprisonment in Indonesia awaiting his death sentence. He receives AUD$125 per month under a prisoner loan scheme from the Australian Federal Government. Rush is accommodated in a single cell, and has access to a mobile phone [13].

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