Andrew L. Urban
Wielding more power than judges and enjoying professional immunity, some Crown prosecutors fail to act in accordance with the responsibilities that come with that power. Any attempt to improve the legal system should start by enforcing the existing guidelines. That’s up to the prosecutors themselves and judges – but judges can intervene only after misconduct becomes visible. Continue reading
Hosted by Sam Bamford, a former Australian Army infantry paratrooper and combat veteran with a deployment to Afghanistan in 2012, the 2 Worlds Collide Podcast has evolved into one of Australia’s most outspoken independent platforms. In this must-see episode, Special Forces Operator Scott Jones recounts his first-hand experiences near and alongside Ben Roberts-Smith. Be prepared to be astonished. Continue reading
The incoming DPP in South Australia (to be appointed shortly) will inherit the scandalous miscarriage of justice perpetrated – repeatedly – by the Crown itself. In his tireless fight for Derek Bromley, wrongfully convicted but officially a murderer thanks to the non-disclosure, Flinders University legal academic Dr Bob Moles has (again) written to The Premier and the Attorney-General to call for corrective action over “this appalling state of affairs”. Moles shares details from his letter with our readers below. Continue reading
Andrew L. Urban
Risk a prejudice-tainted guilty verdict or apply for a permanent stay of proceedings due to prejudicial publicity. These are his only (lose-lose) options. It is a devil’s dilemma. Continue reading
It’s not enough to be innocent of the charges … In this frank and fascinating personal two-part account, Steven Fennell, who fought relentlessly to have his wrongful murder conviction overturned, lays out the brutal reality of a legal system in which the first major hurdle is money. But there are others …
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Andrew L. Urban
“There is no dispute Roberts-Smith committed killings in Afghanistan. Indeed, it is for killing that he earned his Victoria Cross. But killing in wartime service is lawful and is not murder,” writes Noel Pearson. Continue reading
Andrew L. Urban
On April 17, 2026, the legal system will face its first test – and its easiest – in the Ben Roberts-Smith case, dealing with his application for bail. The Ben Roberts-Smith trial could be years away. He is not a flight risk. He should be released on bail. Unwarranted denial of bail is a denial of justice. Continue reading
Andrew L. Urban
Bruce Lehrmann has been refused special leave to appeal to the High Court against his Federal Court civil conviction but did not rule on the merits of the rape finding. It simply decided the proposed appeal did not raise a sufficiently arguable legal question to justify granting special leave. Continue reading
Andrew L. Urban
Of my five books dealing with cases I regard as wrongful convictions, the most recent two examine cases of alleged historical sexual and physical abuse dating back over four decades. The only ‘evidence’ against the men was say-so based on memories of the complainants. They were found guilty. Now Ben Roberts-Smith is to face trial over alleged war crimes in Afghanistan about two decades ago also based on say so memories. Lawyers doubt his trial could be fair. Continue reading
Andrew L. Urban
That’s not my headline: it is the headline on an editorial in The Australian (April 9, 2026) and mirrors my own of the day before, referring to the five murder war crimes charges against Ben Roberts-Smith. The difference is that the Australian’s editorial expresses confidence in that legal system. I question that confidence. Continue reading