JAKARTA: Indonesia's counter-terrorism agency says the alleged 2002 Bali bomb-builder, Umar Patek, will be sent from Pakistan to Indonesia for prosecution.
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However, as Indonesia's Constitutional Court has ruled that the country's 2003 anti-terrorism laws cannot be applied retrospectively, Indonesian authorities may struggle to prosecute Mr Patek.
A spokeswoman for the Foreign Minister, Kevin Rudd, said the main goal of both Australia and Indonesia was a proper investigation and serving of justice. But an extradition was not immediately on the cards.
''Given Patek is an Indonesian citizen, and that some of the most serious crimes he is accused of having committed took place in Indonesia, the Australian government considers the course of action to be taken should, in the first instance, be one for the Indonesian authorities,'' she said.
Indonesia's counter-terrorism chief, Ansyaad Mbai, said yesterday Mr Patek, who is suspected of playing a key role in the bombings that killed 202 people including 88 Australians, could be charged with murder and possession of explosives.
He is also suspected of participating in attacks against churches in Jakarta on Christmas Day 2000.
"Pakistan has confirmed it will deport Patek but it's not clear when Patek will arrive in Indonesia," Mr Ansyaad told local media.
"If the anti-terror laws can't be used, it doesn't mean that he will be free. There's a penal code and there's an emergency law."
Mr Patek was arrested in a raid near the house of the al-Qaeda leader, Osama bin Laden, just months before US forces killed him. Mr Patek's capture is expected to yield a trove of information about terrorist networks in south-east Asia.
with Erik Jensen
