So many law reformers, so little reforming

Andrew L. Urban

There are approximately 188 employees working at the 10 state and federal organisations working on law reform topics. See if you can find any of these bodies addressing wrongful convictions, wrongdoing by judges or prosecutors or propose reforms to minimise these.  Continue reading

Posted in Case 22 Noel Greenaway, Case 26 Frank Valentine, CCRC | Leave a comment

Can we legitimately call it a ‘justice’ system?

Andrew L. Urban

In just the three cases that were cited in our recent series (Oct 20 – 26 2025) allocating seven of our Red Herring Certificates to a total of 8 judges and 3 prosecutors who we believe have contributed to or helped maintain wrongful convictions, the rules that govern prosecutions in Australia were ignored multiple times. What could be done to justify calling it a ‘justice’ system?  Continue reading

Posted in Case 01 Sue Neill-Fraser, Case 11 Robert Xie, Case 26 Frank Valentine, CCRC | 5 Comments

The seventh Red Herring Certificate goes jointly to Basten AJA, Button J and Wilson J of the NSW Court of Appeal

In a dispiriting 3:0 decision, Frank Valentine’s multi-point appeal against his many convictions by Judge Noman was dismissed as if there was not a single valid ground. Not even when evidence contradicts the conviction.  Continue reading

Posted in Case 26 Frank Valentine | 1 Comment

The sixth Red Herring Certificate goes to … Judge Nicole Noman SC

So much is wrong with Nicole Noman’s judgement in the 2017 historical sexual abuse accusations trial of Frank Valentine, (the appeal document listed over 500 points) I present only a representative few that stand out as worthy of this Certificate. Adding to the debacle, three judges dismissed the appeal entirely. They will be considered next …  Continue reading

Posted in Case 26 Frank Valentine | 1 Comment

The fifth Red Herring Certificate goes to … Justice Elizabeth Fullerton

In 2016, at the fourth and final multiple-murder trial of Robert Xie, Justice Fullerton was directly offered at least one chance to ensure a fair trial. She refused. She also erred in some of her directions to the jury.  Continue reading

Posted in Case 11 Robert Xie | 7 Comments

The fourth Red Herring Certificate goes jointly to … Mark Tedeschi KC & Tanya Smith

The headlines have gone but a lifetime jail sentence remains for Robert Xie for the 2009 murder of the Lin family. (Three adults and his two young nephews.) Xie was convicted without any real evidence. The case was fashioned in the DPP’s office out of unreliable circumstantial material. Hard to believe? Prove me wrong. Continue reading

Posted in Case 11 Robert Xie | Leave a comment

The third Red Herring Certificate goes jointly to … Justices Wood & Pearce

The second appeal against her 2010 (wrongful) conviction and 23 year sentence for the 2009 murder of her partner Bob Chappel by Sue Neill-Fraser was heard in March 2021. Wood J and Pearce J voted to dismiss the appeal while Estcourt J wrote a strongly dissenting opinion favouring the appeal and for quashing the verdict.  Continue reading

Posted in Case 01 Sue Neill-Fraser | 5 Comments

The second Red Herring Certificate goes to … Alan Blow (CJ rtd)

The Red Herring Certificate identifies prosecutors and judges who, in our sincere opinion supported by evidence, have helped bring about wrongful convictions. The Inaugural Red Herring Certificate went to Tim Ellis SC, the former Tasmanian DPP whose 2010 prosecution (speculation?) of Sue Neill-Fraser for the murder of Bob Chappell led to what is widely regarded as a wrongful conviction. He called every element that didn’t fit his narrative a red herring. And he had help: trial judge Alan Blow …  Continue reading

Posted in Case 01 Sue Neill-Fraser | 7 Comments

The Inaugural Red Herring Certificate goes to … Tim Ellis SC

The Red Herring Certificate identifies prosecutors and judges who, in our sincere opinion supported by evidence, have helped bring about wrongful convictions.  Continue reading

Posted in Case 01 Sue Neill-Fraser | 5 Comments

Tendency evidence risks unfair trials, eg Frank Valentine

Andrew L. Urban

Arguably the most insidious area of the criminal law in Australia is the application of Tendency & Coincidence evidence, a constant threat to fair trial protections.  Continue reading

Posted in Case 26 Frank Valentine | 3 Comments