Andrew L. Urban
The High Court will hear Derek Bromley’s seeking leave application on September 16, 2022, a month or so after Sue Neill-Fraser’s case (August 12, 2022). Both were convicted of murder and both cases display characteristics of wrongful convictions. (See respective case histories via links at the right.)
There’s more to come; stay tuned. The lower courts are busy making work for the High Court as they botch prosecutions, with some help from the police. Well, that’s the view from this editor’s desk … wrongful convictions followed by failed appeals …
Bromley’s agonising wait – in jail for nearly 40 years – has been cursed by a litany of errors, but none so egregious as the latest denial of his appeal by the South Australian appeal court in what amounts to a decision that is outside the rule of law, according to legal academics Bibi Sangha and Dr Bob Moles.
“It is our view that the appeal court in Bromley has fundamentally failed to pay due regard to the rule of law and to the well-established principles governing criminal appeals. The appellate function is to review the conduct of the trial to determine if appealable error has occurred. If it has, the proper procedure is to set aside the conviction, and in appropriate cases, allow for a retrial. Not to conduct that retrial before the appeal court.” They hope the High Court will see their point.