The High Court today (16/9/22) referred the application seeking leave against Derek Bromley’s murder conviction to the full Court; the matter will be heard early next year at a date to be scheduled.
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.
For more details on this case see the Derek Bromley category on the right.