Killing in wartime service is lawful not murder – Noel Pearson

Posted on April 11, 2026 by andrew

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 →

Posted in General articles | 1 Comment

Bail the easiest decision in Ben Roberts-Smith case

Posted on April 11, 2026 by andrew

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 →

Posted in General articles | 1 Comment

High Court has not heard Lehrmann’s appeal, did not rule on merits of rape finding

Posted on April 10, 2026 by andrew

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 →

Posted in Case 18 Bruce Lehrmann | 3 Comments

Trials by memory – forget it, say lawyers

Posted on April 10, 2026 by andrew

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 →

Posted in Case 22 Noel Greenaway, Case 26 Frank Valentine | 3 Comments

“War crimes charges will put legal system to the test”

Posted on April 9, 2026 by andrew

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 →

Posted in General articles | 3 Comments

Australia’s bravest soldier faces war crimes murder trial. Will it be fair? Can it be?

Posted on April 8, 2026 by andrew

Andrew L. Urban

The trial of Victoria Cross recipient Ben Roberts-Smith for five war crime murders will be one of the most consequential criminal trials in Australian history. Under all the circumstances, including time elapsed, limited evidence and unpreserved crime scenes in a foreign, antagonistic country, can the prosecution mount compelling evidence that dispels reasonable doubt? Add the damning 2023 defamation trial that found him guilty of war crimes on the balance of probabilities, can this criminal trial really be fair? And did the validation process for his VC fail?  Continue reading →

Posted in General articles | 3 Comments

Petition to junk the junk science around Shaken Baby Syndrome

Posted on April 6, 2026 by andrew

A petition has been launched urging the Victorian Parliament “to establish an independent inquiry into paediatric forensic pathology practices and the legal frameworks governing expert evidence, particularly in cases involving Shaken Baby Syndrome (SBS) and Abusive Head Trauma (AHT).”  Continue reading →

Posted in Shaken Baby Syndrome | 4 Comments

Who murdered Urban?

Posted on April 5, 2026 by andrew

Andrew L. Urban

April 5, 2026: Sorry, can’t resist the headline…. an eagle eyed reader of this blog living in Moscow alerted us to the 1990 wrongful conviction of David Tamihere for the 1989 murder of Urban Höglin and his girlfriend Heidi Birgitta Paakkonen. Tamihere has now had his convictions quashed by the Supreme Court, 36 years after he was found guilty of murdering the two Swedish backpackers in New Zealand’s Coromandel Peninsula.  Continue reading →

Posted in Case 11 Robert Xie | 4 Comments

Easter story 2: resurrection or the races?

Posted on April 4, 2026 by andrew

Andrew L. Urban

“If it’s not actually true, if Jesus didn’t rise from the dead in his body, I’d rather be at the races,” wrote one national columnist and devout Christian on Easter Saturday. That sentiment prompted this post. Continue reading →

Posted in General articles | 3 Comments

Dear Judges, please glue common sense to your learned-ness

Posted on April 3, 2026 by andrew

Andrew L. Urban

“It’s a new world. It’s the same Constitution.” Coming from the Chief Justice of the US Supreme Court in the context of the consequential birthright citizenship debate, this is disturbingly lacking common sense. Arguably the best definition of common sense is basic intelligence which allows for plain understanding and without which good decisions or judgments cannot be made.  Continue reading →

Posted in General articles | 10 Comments