THE 2002 Bali bombings were not terrorist acts but "ordinary crimes" and the three men awaiting execution for the atrocity should have their convictions quashed "and their good names rehabilitated", lawyers argued yesterday.Not according to certain practitioners of the Religion of Peace.
However, Fahmi Bachmid, from the Muslim Defenders' Team, conceded that his clients could still then be convicted under an amended brief and, presumably, executed.
Appearing in Denpasar District Court for Amrozi bin Nurhasyim, Ali Ghufron (alias Mukhlas) and Imam Samudra, Mr Bachmid presented an extraordinary second appeal against the men's death sentences.
A previous appeal, in December 2006, was thrown out by Indonesia's Supreme Court.
The chief judge in one of three panels sitting yesterday, Ida Bagus Putu Madeg, allowed the matter to proceed and conceded afterwards there was technically no limit to the number of appeals that could be lodged.
The defence will rely on a 2004 decision in Indonesia's Constitutional Court that only "extraordinary crimes" -- which include terrorism -- can be tried under retrospectively enacted legislation.
The anti-terrorism law under which the men were convicted was passed after the October 2002 attacks that left 202 people, including 88 Australians, dead.
Prosecutors want the trio to be tried under the crimes act, with any conviction still carrying the death sentence. Judges baulked yesterday at a request to send the matter to Java, where the three men are being held, saying they would hand down a decision on that matter on Thursday.
Prosecutors in the stifling courtroom were outraged at proceedings, describing terrorism as "something that is extremely cruel".
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