Andrew L. Urban
Convicted murderers have a choice: reveal the whereabouts of their victims’ bodies or lose access to parole. Wrongfully convicted murderers have no such choice.
The New South Wales justice system will now refer to ‘no body, no parole’ laws as Lyn’s Law, after Lyn Dawson’s family fought for decades to honour the slain mother with meaningful reform. We support the naming of the law to honour a victim – but warn that it has a downside.
Lyn Dawson was murdered in 1982, however, her body was never found, and her murder remained unsolved for 40 years. Her husband Chris Dawson was convicted of her murder in 2022.
Lyn’s story led to sweeping changes in the New South Wales justice system, with “no body, no parole,” reform ensuring offenders would never be granted parole if they refused to supply details of their victim’s remains whereabouts.
Readers of this blog will not be surprised that we consider Lyn’s Law with mixed feelings. Obviously, we are in favour of the law’s intent to bring closure to the family and friends of murder victims where the body or bodies are undiscovered.
But those wrongfully convicted of murder have no choice; they can’t take advantage of the law and they lose their access to parole unjustly; another punishment on top of their conviction.
Sue Neill-Fraser, who is now on parole in Tasmania, would have had to spend an extra 10 years in prison under such a law. In the past, Lindy Chamberlain would have been in that situation. Neither could have revealed the bodies of their ‘victims’ because they didn’t know. They were innocent of murder.
There is no provision for such cases in the law, and we cannot conceive how there could be.
ADDENDUM, 17/6/2024: High-profile wrongfully convicted duo Kathleen Folbigg and Lindy Chamberlain-Creighton have signed an open letter calling for changes to these laws.
An open letter against the parole regulations had been signed by 116 people, as of June 17, 2024, including lawyers, academics and campaigners for justice reform.
“’No body, no parole’ laws in NSW deny parole to any incarcerated person convicted of a homicide offence who does not satisfactorily co-operate in police investigations or other actions to identify their victim’s location,” the letter reads.
“Wrongfully convicted people, however, cannot satisfy this precondition for parole … while the extent of wrongful convictions in Australia can only be estimated, Kathleen Folbigg’s recent pardon after serving 20 years in prison is a stark reminder about their reality.”
Hi Andrew and Ors . I’ve been obsessed with clearing my good name , above pretty much anything else . Can’t help it. It’s truly damaged me and wounded my wife and kids. I never asked them to blindly accept my words , that I am an innocent man. I still don’t. I went through all the things that were said . One by one , I can either provide forensic evidence or statements from actual witnesses that what I was accused of could not , and therefore by definition did not happen. That doesn’t seem to matter. People will still think that I am guilty of something in spite of evidence , so strong that it cannot be denied. You read my appeal anomalies presented to the AG. They are , if someone wants to accept their veracity,, irrefutable. I will never give up thinking that someone with a conscience will want to help me. But alas I’ve been beaten up enough to doubt my fellow human beings. Israel is like me in a way. Attacked , blamed even though my whole history is one of looking after kids , not abusing them. To me , Israel is a family of 8 million living among people who hate them. Hate is unreasonable because it exists without reason. Has Israel always done the right thing by Arabs living under their rule and protection? Probably not. Being a human being is a hard task. We make monumental errors . It’s part of being human. I would go and fight radical Islamist murderers , not because I’m a Jew , which I’m not , or some crusader in modern times , which I’m not.
It’s because it’s better to fight and stop these people wherever and whenever they show themselves , and their murderous ways. I’d rather help Israel to defeat them , than wait to have to fight the battle in my own back yard. These nutters are coming. They tell us they’re coming. Israel is not able to turn the other cheek. The result would be a new catastrophe at some other time. Hamas wants all Jews dead. ! No conditions and no ifs or butts. There are something like 250 million Muslims on there borders. Not all of them are radically committed to Israel’s destruction . What bothers me greatly though is that too few speak up against radical Islam. My father saw the worst and best of people in WW2 . And yes he said from all sides. When I see many men setting upon 1 man , I will think of him as my brother. Israel has to win. The world needs them to slay the dragon. And yes of course I’m so sorry for the death of innocents in Gaza. Criticize me if you will. These are my thoughts. Pv
Australian Justice System. Piece by piece, eg, State by State.
Wrongful Convictions. Criminal Case Review Commission.
Declared Criminal Organisations….What Springs to Mind.
Human Rights Abuse.
I have wondered why the Declared Criminal Organisations have not rallied together for a class action. Yes, a big deal, but this is a Historic Event of Loss of Freedom. I wondered why there was not more demonstrable?demonstratable?
actions in the early days when the United Motorcycle Clubs of Australia did unite.
People do not realise when government gets a win, they compound on that with confidence down the track, when they realise the level of resistance. Little resistance, push harder next time.
My thoughts are, as has already been evidenced, MC Members have been deported from Australia with having no criminal conviction.
I ask, for every Member of an MC, how many actually have convictions of drug dealing offences and violent crime. What are the real statistics?
Nobody likes drug dealers, except drug users, and politicians and lawyers and everybody else in society use drugs. Why, they are all stupid and creating a demand for suppliers. Government should not step in and supply. Drugs are evil, sorcerers use drugs. But there is more to Outlawing Motorcycle Clubs than what you think. I will leave to your imagination, but bikers love freedom.
Owen. And bring on Criminal Case Review Commission.
i am trying to find out if in the state of alabama base on new evidence can i sue for wrongful conviction ofter ten years
Sorry we can’t help on that. Perhaps the Innocence Project can point you in the right direction:
info@innocenceproject.org
We don’t have justice in the Sate of Tasmania (TAS) or South Australia (SA) or in Canberra (ACT) or any other state – so why the hell ask US about Alabama (AL) ? The Sheriff in Montgomery (AL) told me to get out of town ! So I drove my Chevy back to Arizona (AZ) . Where we
all carry guns . “Open Carry” . I’m feelin safe in Phoenix (AZ).with my trusted .357 Smith
& Wesson Magnum smokeless hollow point snub nose . Safer on my Mississippi flat bottom boat in Memphis (TN).than in Hobart (TAS). with Taspol and all !
Nice to hear from you Chuck. Man if you new the whistleblower attendees in Hobart it would blow your mind. For instance in the 90’s I met an American Indian who was dunover by locals, council, he had a property and a dwelling, but also a Wigwam and he played drum. Wow. They fenced off his road access to his property, and so it went on.
I gave a letter to a US Naval Captain outlining corruption in Tasmania and begged for help in the 90’s. I flashed SOS to a departing cruise ship in the dark. LOL😂 Bring over the hardware davidsons. Taspol are too corrupt to do anything about, according to ex Premier. Owen.
I call on all followers of this site to look up Brett Weinstein. A social commentator at the level of a Jordan Peterson. A man who has further opened my eyes or at least reaffirmed that my fears are real. Mankind is in trouble . All the standards that lead our world to some form of enlightenment , are disappearing . ! There’s no point worrying about the future if we don’t have one. Global Chilling then global warming and now climate change . Agendas for money making. ? You need to sell a lot of BS to influence naive young people into a stance that ultimately hurt us.
With repect PV, I suggest we all keep our eyes on the Middle East, and you will be enlightened if you research Biblical Prophecy. It is 100% correct to this day.
Owen.
Remember, the Tasmania Leader of Opposition told myself and my wife, Tasmania Police were too corrupt to do anything about. Years later Detectives threatened me and argued with me telling me the strangulation of me by a local stockbroker, whilst I was on duty taxi driver, did not occur. After being threatened with arrest I told them to Fuck Off. So then the fun began in earnest.
I won’t repeat myself again, here and now, but it ain’t over yet. Keep it up everyone, and watch out, evil is springing up everywhere, I am dealing with some more now, a narcissist who abuses and threatens people, including an elderly widow and a disabled senior, threatening me and telling me to kill myself.😂
I am only getting over it months later as I plan the offensive. Owen.
Surely not operation “Barbarossa” –
forgive them what sin against you-
for they know exactly what they do-
ill wind blows of the Southern Ocean-
head north young man-
southern justice not worth the risking-
help is available-
strangely to some-
motor cycle riding can be therapeutic-
indulge yourself !
Given the movement of Paul Rowe’s yacht, which must have been charted by the Maritime Authorities, I would think agree with other comments that it would be obvious where a weighted body/remains would be located. Have police divers or any divers ever checked the site?
There was no evidence that the body was weighted; it was a speculation by the DPP. A reliable source has informed me that the current would have taken the body far away from the area within 24 hours or less,
It is so good Andrew that still many of your readers have Sue Neil-Fraser in their focus as they do of others wrongfully convicted on the eve of yet another support group general meeting to secure Sue’s exoneration from this wilfully unprofessional conviction of a woman who had not even a traffic offence against her name.
Many names in officialdom in Tasmania, both past and present live out their days knowing fine well that they were responsible for what this woman has lost.
They know who they are and each of them should be ashamed that their position in life secured for the State of Tasmania a badge of dishonour equal to their fore-bearers who colonised this wonderful part of Australia to such a dark history.
Of course to accuse anyone on a ‘fantasising probability’ or even convict them on ‘circumstantial evidence’ this must surely indicate how ‘our learned friends’ have advanced since their first readings of “Dick and Dora, Nip and Fluff”!
Andrew , we are about to Commit to blanket rules determined by WHO in response to future pandemics or any other form of health emergency. Does anyone truly understand where that thin edge of the wedge could take us. No future sovereignty in those matters . Probably under full control of big Pharma and the mega rich social media owners. There will be terrible repercussions … mark my words.
My second concern is that our constitution does not guarantee what people have lived for and died for. An all encompassing bill of rights. During the Pandemic our rights in almost every cherished liberty and right of self determination , were suspended or worse.
What would we be called if we did not comply . Criminals , terrorists ? Don’t laugh , Rogue Goverment must not be tolerated. We no longer have freedom of speech or religion . We are racist if we support the wrong side. ! Great words came out of the US Declaration of Independence and their constitution . Where are the men and women with the wonderful words. ? Does anyone know that the Second amendment was not about the right to bear arms , to be safe from home invaders, robbers , road ragers or people who throw garbage on your front lawn. The right was much more serious than that. It was about the people’s ‘ right to bear arms and rise up against a rogue government. As it did against the British king . Like Magna Carta it spelled out that the government was to act in certain ways to protect what were inalienable rights. The right to a fair trial and no delays in administering the Justice. Freedom or Religion means it’s for Jews and Gentiles,Muslim , Hindu etc etc without restriction. Freedom of speech is the next and most important. What does it mean ? Is it limited by wokeness , or political correctness …. No it can’t be otherwise it loses the prefix Free! Evelyn Beatrice Hall “ I may not agree with what you say , but I will defend to the death, your right to say it. There can be no exceptions . Otherwise it would read ‘ freedom of speech up to a point and unless the powers that be interpret it as subversive or in some indeterminate way.
Respect for one another is hard to achieve if you’re not prepared to at least consider another viewpoint. Our bill of rights can only be incorporated into our constitution by referendum. Ask our best and fairest and most learned scholars to start the writing of our bill of rights .Surely we can learn from the present as much as the past. Demand we change course to greatness and try to believe that surely there is something greater than ourselves. Otherwise we exist to make a buck , have a good house or two , and a nice lump of cash in the bank. If that’s it, it’s truly disappointing . We are not worthy of much unless we can look beyond ourselves. I’m afraid of where our society is and the direction
In which it’s heading. Let your voice be heard. USE your free speech !!!! Pv
Well written, I agree, in due course people will find out and understand, many out there do not realise what is going on and the seriousness of it.
Owen.
Thank you Owen. As I said Brett Weinstein is inspirational as he truly leaves open a sliver of possible escape routes. His capacity to recognize ramifications both in the climate scams and the loss of liberties are second to none. Such minds are rare. At present especially. My limited intelligence and subsequent translations of our current world only scratches the surface of the evil we face. I don’t think in any part of the world , there is a politician where is not there for his own gain. I thought trump has a simple plan , ! Go back to fundamentals that worked and look for people with conscience. Pv
Andrew, one major incongruity or an inappropriate form of evidence available to a State of Australia DPP, is the widest ever discretion that can possibly be enabled by a DPP.
This realm of discretion can be utilised whenever a DPP introduces such as we may believe to be absolutely inappropriate.
Therefore, the playing deck may well be filled with its cards already stacked into place.
I have investigated Tasmania’s DPP on other cases under his own special discretion within this State of Tasmania, thus I am well able to privately advise you of such fact cases. Interestingly, the current Australian State of Tasmania DPP is not any differently minded than his predecessor.
Interesting. Your last sentence is not a surprise. I’d be keen to receive more info as you propose, privately at andrew.urban@wrongfulconvictionsreport.org
Count your blessings ! If the Four Winds was anchored in the Torrens River,where the SA Police murdered dear harmless Dr.George Duncan -(beyond reasonable doubt) then Sue would be in prison for at least 40 years (Derek Bromley) for not admitting guilt- then not divulging the location of the body . The local flexible forensics Manock could have helped with the DNA blue cloth disappearance and sudden amazing DNA appearance on the boots . Ya gotta love them !
Here we go again. ‘ !! Convicted of something when the victim was not present as per the evidence given and then a description of a room which did not exist till 4 years later. Police and DPP acknowledge the first anomaly by saying. Well ..it may have happened another time. If that was so, there would have to have been two offenses ! Only one was claimed. The DPP then explained the room issue by saying , it wasn’t that room, it was another. The complainant made a mistake. But her memory told of walking corridors steps and rooms that were not built.All that says either evidence is false or her memory is false. Guilty nonetheless. ! No body no parole. ?? As Andrew says , a kick in the face of the wrongly convicted. Pv
Hi Andrew
We are still waiting, waiting, waiting for a Criminal Cases Review Commission.
Thank you for keeping us informed.
Take care
Rodger Warren
Rodger, given the character of so many politicians and legal professionals, we might be waiting a long time…
Andrew,
I don’t think that anyone who has been in the position of wondering where the remains could be of loved ones who are unaccounted for can live without long-term trauma. Even where there is a fatality from a car crash, house fire or whatever, our feelings are to “deal with” the remains that no matter in what condition there is someone to say goodbye to and celebrate a life taken.
The juxtaposition between Dawson and SNF I believe is off the mark. The Jury in the later case was somewhat fresh, the Dawson case was 40 years old. SNF was found guilty on relatively new evidence, i.e, that DNA that can be transferred like a virus, which of course it is not. (Boot-to-boat).
Lyn’s Law will be tested in Victoria in the near future – the Ballarat missing person and the missing campers in the Victorian High Country.
The point I make is not to juxtapose the two cases but to show how someone wrongfully convicted can not reveal the location of the body – and therefore suffer a further injustice being denied parole.
Sue Neil-Fraser was “found guilty on relatively new evidence”. Many Wrongful Convictions Report (WCR) interested readers just spat their Vegemite toast over the their Murdock Murcury morning laxative. Mercury exposure damages your brain cells . Sure does !
Meagan Vass – bless her little heart- described beyond reasonable doubt- that Dear Sue was not even on the murder scene yacht. Should a police victim be described as a “convicted murderer”- when those scurrilous Hobart police scoundrels know beyond reasonable doubt exactly where their victim Robert Chappell is at rest ? Some very serious criminal offences were committed in Hobart – but not by SueNeil-Fraser
Tasmania is vigorously advertising winter holidays in the fermenting apple island. Go to hell ! Stick it up your —–
the Tasmanian police have a lot to answer for in relation to the Susan Neill Fraser case in particular……..is Bob even dead? who knows……