Andrew L. Urban
Dealing with tendency evidence in my book Presumption of Evil about the Noel Greenaway conviction (arguably wrongful) for historical sexual abuse, I refer to another man who was convicted of sexual abuse on tendency evidence. He and Greenaway (and Frank Valentine, my sequel to Presumption of Evil) are not the only ones, of course. Tendency evidence is the iceberg in the path of HMS Justice Titanic. Continue reading
Andrew L. Urban
Roberts-Smith’s central position in evidence at the 2003 defamation trial was that the newspaper allegations were false and that all killings he was involved in were lawful engagements with insurgents during combat operations in Afghanistan. He denied murdering prisoners or ordering unlawful killings. But Justice Besanko rejected significant parts of Roberts-Smith’s account and found that several allegations of unlawful killings were proven to the civil standard of proof. He also found Roberts-Smith was not a reliable witness in some respects and that parts of his testimony were untruthful. It was a fateful fork in the road that leads to the criminal trial. 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. This is the edited transcript. Continue reading
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