“When a society loses the desire to know the truth, that is a precursor to totalitarianism,” observed author, Holocaust survivor and political philosopher Hanna Arendt (1906 – 1975). Tasmanian society is now seeing that observation come closer to realisation around them. If we look at the totalitarian-like behaviours of the joint enterprise that has arisen there consisting of the police, the courts, the bureaucrats, the political class (all largely unscrutinised by the local media), we can expect decisions such as the one last week which we have labelled the ‘Clayton’s review’ of police surveillance in prisons, triggered by the case of solicitor Jeff Thompson. Do you feel safe speaking out against them?
Thompson is one of the Tasmanians who does ‘desire to know the truth’ who wanted to convey that truth to the courts, in the course of his work on behalf of Sue Neill-Fraser. He didn’t pervert justice: justice was perverted in pursuit of him.
Despite the two appeals dismissed and the High Court twice refusing leave to appeal, there are still plenty of grounds against the Neill-Fraser conviction, which have not been considered by the courts.
These are just some of the outstanding grounds:
TYPE 1 – FAIR TRIAL RULES NOT OBSERVED
- Preliminary screening test results not admissible in criminal trials
- Luminol test results are seriously prejudicial
- Inadmissible pathology evidence
- Inadmissible submissions (including speculation) by the prosecutor and the judge
- Jury misinformed concerning drug smuggling operations
- The judge’s wrongful summing up of circumstantial case
- False evidence #
# 1. Neither the Prosecutor nor the Defence knew that “key” evidence allegedly showing the yacht’s dinghy, a white with blue trim Zodiac (and hence Sue Neill-Fraser), to be at the yacht at 5 pm was false. However, a police officer and a DPP officer, both at the trial, knew otherwise. The supposed presence of that dinghy supported the prosecution case; its absence supported the Defence. 2. Once that false evidence is removed, the evidence of other witnesses who saw another dinghy at the yacht corroborates the young woman’s sworn admission to having been on the yacht with named males. (Ref Etter/Selby papers)
TYPE 2 – ABSENCE OF EVIDENCE
- No evidence at trial that Bob Chappell was dead
- No evidence at trial that Bob Chappell was killed
- No evidence at trial that Bob Chappell was killed by Sue Neill-Fraser
- No evidence Sue Neill-Fraser was at the crime scene at the time of the crime – which was not known
In The Mercury (23 August 2022), the President of the Law Society, Simon Gates, referred to the various proceedings which had taken place in the Neill-Fraser case and stated that continuing criticisms of the prosecution and police might undermine confidence in our criminal justice system.
That’s like saying a serial offender should not be charged because he/she will get a bad name. “Of course, the number of proceedings which have been undertaken, can provide no guarantee that the outcome is correct,” notes Flinders University legal academic Dr Bob Moles.
The President of the Law Society suggested that those calling for an inquiry should consider all of the evidence at trial. He thinks it will show the verdict to be correct and that an inquiry is unnecessary. Not so; see above. (For confirmation, please read the transcript.)
However, it is true that no inquiry would be necessary if the Tasmanian justice system recognised the egregious miscarriage of justice that occurred and the DPP took immediate steps to seek the appeal court to quash the conviction.
Any ONE of the above 11 grounds is sufficient to have the conviction set aside.
PS The trial was held 12 years ago this month. Sue Neill-Fraser was granted parole last month.
Diane, I feel your outrage but you know what, these people you seek outrage about are all still held in high regard in Tasmanian circles. Almost sounds like the Tasmanian outrage you seek is similar those of ‘the stolen election’ outrage that occurred in America, they just don’t want to accept they got it all wrong. Once again I acknowledge Justice Brett for not only getting it right, but for carrying out the law.
No body, no weapon, no proof just poor police investigation, a story made up by a prosecutor and reinforced incorrectly by the Judge to jury members resulting in a guilty verdict against Sue Neill Fraser. Appeals dismissed one after another. This could happen to you.
Tasmanians – where is your outrage?
Police uncovered using illegal surveillance methods in Risdon Prison for 2 months. Police advise we didn’t listen to anything apart from one recording – do you believe that story? Police saying is is nothing serious – breaking the law is nothing serious according to Tasmanian police – do you believe that? We have organised to investigate ourselves by someone who knows us. We would never do anything wrong!! Do you believe that?
Tasmanians – where is your outrage?
A man pursued for 5 years for perverting the course of justice has all charges dropped when an honest Judge ruled the evidence provided by DPP was obtained illegally. A man who has been maligned and stopped from practicing his profession suddenly cleared of all charges and those who actually perverted the course of justice, police, simply get to walk away uncharged. A magistrate who signed the illegal warrant simply walks away and continues his role.
Tasmanians – where is your outrage?
Whistleblowers who open their mouths are vilified and pressured to shut up and have to leave the state of Tasmania for safety reasons. These people should be applauded for their courage, honesty and integrity and yet the state tries to destroy them, for simply speaking out and telling the truth.
Tasmanians – where is your outrage?
Decades of child abuse that was known about by many who kept silent and allowed it to continue to children of Tasmania. Those in positions of power wanted this to remain hidden and condoned this by their silence. Those people who still remain in positions of authority despite what the brave survivors told the Inquiry think they have got away with it again.
Tasmanians – where is your outrage?
“When a society loses the desire to know the truth, that is a precursor to totalitarianism,” – this is what Tasmania has become because good people are too frightened to speak out about all the injustices that occur in this state. Have you become so cowed and beaten down by The System that is has now become too late?? I am outraged on your behalf from what I read, I am saddened for those who have been deliberately harmed by those few people who have no morality, no ethics, no compassion or caring and who continue to lead your state into this situation.
Tasmanians – where is your outrage??
Eve Ash, as a psychologist will have a definition to the mental state of the Tasmanian masses. Something similiar to, I believe, what Jewish people may have thought in Nazi occupation.
I say, my 14 years in Tasmania was war from after a few weeks. I was in my prime pursueing a career as a fearless crazy cropduster, and they, the Tasmania Regime interfered with my life and cancelled my career as a pilot. So I turned my fearless craziness towards the rabid dogs, and fought the corrupt cops over a period of time. My fight was survival and the corruption rose to the surface like scum on a slow cook broth.
Locals of generation accept the Lords and Masters. It is what it is, and they live gossiping, causing trouble for one another, robbing, killing incest child abuse gambling drug addiction, a society of slaves to satan and slaves to Tasmania Police, too corrupt to do anything about. Owen.
Diane I lived there for 14 years. My submission to govt, I stated Tasmania is a Feudal System. Under the guise of Democracy, an Evil Feudal System Controls. Which under Democracy means Corruption Reigns Supreme.
We are witnessing that with SNF Case, are I have evidence. Nobody is asking to see it. I will bring it out in due course, and of course Case Study 2, full on against Corrupt Tasmania Police( who abuse Human Rights as Civil Servants.), as described by the Leader of Opposition 1996, Tasmania Police are too corrupt to do anything about. This confession layed on me for 25 years, why me, why did not he do something; Owen. Ps, Tasmania Mercury ignored corruption, Michael Bingham didntc want to know.
In Tasmania, and sadly across much of Oz, the verbiage “the truth will set you free”, is as much a misnomer as was the motto, “work sets you free”, forged/hammered in steel at the entrance to the well recognised infamous internment camp near Oswiecim in Eastern Poland. Cowardly compliance, as recorded and witnessed across our once great nation, confirms the enormity of the problems all citizens confront.
Australia desperately needs our politically elected representatives to honestly and adequately align themselves with the needs and thoughts of citizens who appreciate integrity and virtue, not just a collaterally accumulated electoral blocks expediently driving centric valued opportunistic agendas.
Enjoy your family environment Sue; though still shackled by the gross inadequacy/incompetence of the Tasmanian policing and judiciary administrations, I sincerely hope that your health can be reconstituted after such a dehumanising experience, due to the more than just seemingly institutionalised cowardice, deceit, and corrupted legal and legislative processes in Tasmania.
When I visited Auschwitz–had a depressing thought– we would have NO TROUBLE staffing such a place–more so in the past–Sue would have been Murdered by the Tasmanian SYSTEM–In the once great past ! So would have Lindy Chamberlain ! Many were executed by our DEAR LEADERS ! ( Ray Bailey- the pigs got him) Make ya proud of our once great nation !
Whalensky, you seem to be shackled to an image from a past movie that included a namesake and a jackal.
It is not necessary to visit an acclaimed European museum to initiate questioning regressive thoughts, residing in repressed localities within Oz, such as the North and North West of NSW as a particular example, where institutionalised public service brutality and psychological terrorism are well recognised, utilised, and accepted factors, aligns oneself to walking the walk. The recent coronial inquiry into the death of a young aboriginal man in Moree more than likely confirms the weaponising of image, vehicles, environment, administrative practices, or any other opportune aspect by policing services and public service authorities. No difference between a raging flooded river or an ocean cliffs edge east of Sydney, when weaponising is formented into psychological terrorising torment.
The fundamental despairing aspect of not only Sue Neill Frasers deplorable plight, is that the culture of misused authority by inept public servants is Australia wide, and seemingly still accepted as a sustainable, defensible, and justifiable status quo.
As a nation with well recorded corrupt practices at all levels of our administrative governance, by elected and employed officialdom, it’s burdensome to believe long term change is immediately apparent, but through the humanity and resolute determination of ladies like Sue, to paraphrase some words in the great hymn, “In the Sweet Bye and Bye” (also, as records indicate, sung by Edward Kelly on his last night in Old Melbourne Gaol), “by faith we can see it afar”, irrespective of devout beliefs.
Keep strong and safe Whalensky, the injustice you suffered at the hands of officialdom, as a child, knows no comparison.
News Robert, Lismore, Police Officer charged with murder. Shooting a man in the back trying to escape from Lismore Hospital. Shackled feet and hands.
Yes, I saw that Owen, but with respect, I thought the person charged as the shooter was a Correctional Officer. Regardless, and on top of that obvious flouting of humanity and injustice, another person being pursued by police has resulted in another a death in Gunnedah NSW, and that’s on top of another active Coroners Inquiry in Gunnedah into the death of an aboriginal man while in custody, in the recent past, another policing person with decades of service found guilty of multiple sex charges in WA and gaoled, the exposures of ignorance, institutionalised/cultured thuggery and arrogance exposed by the still active Coroners Inquiry in the NT involving an ex ADF, now NT police officer, the recent Coroners Inquiry into the young aboriginal man who was pursued and as a result drowned in a flooded Moree river, and other news reports most recently about outrageous behavioural aspects of policing types; somehow, I cling like a desperado defiantly gasping in final death throes to the faith that possibly, somewhere out there is a cohort of coppers who just might defy the cowardly cultures of corruption, compliance, and collusion which assert our policing forces negative influences, that in turn regress and devalue our moral, ethical, and community principles nationally, while appearing to be little more than purposefully self serving, and fundamentally criminal in the least.
Posts to this site have been scarce of late, but I doubt if contributors are losing sight of the broader picture that Australia has gross practical and administrative problems in the policing and judicial areas right across, and through every element of local, state, territorial, and federal governance, not just that much exposed section deplorable Tasmanians. Images of the disgraced “Rum Corpse” as it has been adequately described, along with its associated criminal stench still actively prevail, and it’s time to shed the cynicism of colonially based inclinations and customs.
If Sue has an opportunity to read posts to this site, I hope that all is as well as it can possibly be for you and your family.
Thanks Robert, my apologies, recent news many Sth Australian police kicked out. At least there is some attempt, but Sth Australia needs to face up to their major problem, Mr unqualified forensic.
As I re-read the WCR posts since the significant dropping of charges (nolle prosequi) against Hobart lawyer Jeff Thompson I like many others await further bombshells that will expose findings in relation to what now certainly appears to have been covert practices in attempts to illegally get a conviction.
Was always going to happen (the wheel turns slowly) and particularly so when you read the posts of so many dedicated people in the pursuit of justice.
The twists and turns of events that are published on WCR to keep readers ‘on track’ when really all it takes is honesty and truth telling by the very sources who have made Jeff’s case a laughing stock but more seriously, now open to public distrust.
I cannot say any more about the laughable independent Enquiry into police surveillance than has already been succinctly outlined but I do believe that now that a Federal ICAC is within distance of being established that a CCRC will follow also in Tasmania, if only to enable honest men and women in that State to be recognised for the good work they do, and there are some. Among those I wish to acknowledge Justice Brett.
Great work Andrew, I’se been thinking the same thing recently, I need to set myself free yet still, by going past the limits of my norm, to inform the world of the truth as I experienced it in Tasmania.
OWEN– I’VE seen the TRUTH– I dont like it– I don’t think– in fact- I know– I can’t handle the TRUTH ! I know– I’ll move to a remote Island in the Southern Ocean.. Where the APPLES are free ( at night) and my yacht will be safely protected by the POLICEYMAN ! Promise I won’t turn my back on the little missus–i will lock up the spanners and other tools of aggressiveness– that bloody fire extinguisher will have to go–and any blue rags– wipe the bloody DNA of ya boots ya mongrels ! Maybe the Falklands ? Do they have little protected people paddling around my boat at night ?
Owen– PS. The code for Crown Prosecutors on/ in the Falklands looks interesting–The Full Code Test– doesn’t apply in Tasmania–Only in decent jurisdictions–Is there sufficient evidence for a realistic prospect of conviction ? With the notation–The Attorney General–The Crown Counsel–(prosecution) and the Policeymens are NOT allowed to sleep in the same bed ! Disclose evidencial material ( blue clothes) to the defence ! The prosecution will be stopped if new evidence becomes known–Vass ? We must act impartially in all cases . WE ( The Attorney General–TheCrown Counsel and The Judge) WILL NOT READ the same SCREENPLAY TO THE JURY ! No fictional heavy head knocking Spanners ! Trouble is Owen– don’t know about my yacht (14ft.tinny- around Cape Horn). Still– Teenage age Sheilas have done it–Might be worth the risk–I’ll be FREE !!
AND you know what you can do with your bloody apples !
As above DNA evidence. Just have a look at what is under investigation in Queensland with regard to fishy DNA evidence!
Also, we know who was on the Four Winds that afternoon. We know who they are. We know that there was a large dingy with a spray sheet tied to the Four Winds at around 5pm that day. Where is Bobs phone? There was three DNA samples found on the life jacket, who do the other two samples belong to? There was no blood found in the Four Winds dingy when further testing was done? Blood spatter found on the torch found on the Four Winds? Hoe did that get there? There are no fairies at the bottom of the garden and the phone call to Sue late at night saying that Bobs daughter thought the Four Winds was sinking is ludicrous! I smell set-up? And so it goes on, and on, and on.
You are absolutely right. Clear as day. In regards to Jeff Thompson you have put it succinctly into a few words that I struggled to convey in previous comments. I quote them here as they need to be a heading everywhere. “ He didn’t pervert justice: justice was perverted in pursuit of him.” There it is in a nutshell!