Ruling Throws Doubt on Bali Convictions

The convictions of the 32 men linked to the Bali bombing were thrown into significant doubt yesterday after an Indonesian court ruled that the anti-terrorism law used to prosecute them was applied unconstitutionally.

The constitutional court's decision that the legislation passed after the terrorist strike on the resort island cannot be applied retroactively will also complicate attempts to prosecute the alleged Islamist militant leader Abu Bakar Ba'aysir, who is awaiting charge.

Verdicts from other tribunals which are using retroactive legislation, such as the one prosecuting those allegedly involved in the carnage in East Timor in 1999, may also be called into question.

The ruling, which cannot be appealed against, was made after a petition by Masykur Abdul Kadir, who had been sentenced to 15 years for his part in the attack. It does not automatically quash the Bali bombing convictions but lawyers representing the bombers said they are almost certain to appeal.

"This decision should render the convictions void," said Adnan Wirawan, one of the lawyers.

"Anything that is unconstitutional must be rejected. It's that simple. It depends on what our clients say but I am pretty certain we will take the matter further."

Three men were sentenced to death and 29 others given jail sentences after 202 people were killed, including 26 Britons, and 450 buildings destroyed when two neighbouring nightclubs were bombed almost simultaneously on October 12 2002.

Yesterday's ruling was thrown into confusion after a court official announced it would only apply to future prosecutions.

"This decision did not annul the verdict on Amrozi and others" he said, referring to the most notorious bomber, who showed no remorse for his actions, was sentenced to death and had thought he had exhausted all avenues of appeal.

Mr Adnan, who rejected Mr Asrun's view, said: "This is new territory for us. We might file for a judicial review at the supreme court or we might appeal to the constitutional court."