Author Archives: andrew

Has legal system learnt from the Folbigg case? No.

The wrongful conviction of Kathleen Folbigg, who spent over 20 years in custody, is unarguably one of Australia’s worst, acknowledged, miscarriages of justice. A special edition of Current Issues in Criminal Justice (by Mehera San Roque & Emma Cunliffe, May … Continue reading

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When expert evidence failed – Australian parallels

Australia has a troubling history of contested medical and forensic evidence contributing to contested or overturned convictions, writes STEVEN FENNELL in response to our story Can the law handle the scientific truth? No, says Lucy Letby case.  

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Can the law handle the scientific truth? No, says Lucy Letby case.

A compelling new paper published in the Northern Ireland Legal Quarterly uses the Lucy Letby case as a lens to expose something criminal lawyers everywhere should take note, says Jae Gerhard, forensic DNA expert and Principal Forensic Scientist at Independent Forensic Services. 

Posted in Case 23 Lucy Letby | 6 Comments

Why? The ticklish question

Andrew L. Urban Among all the uproar over the Federal Court’s stunning backhander to women in the Tickle v Giggle case, one question to which I have not found an answer is: why? Why would the Tickle person want to … Continue reading

Posted in General articles | 5 Comments

Ben Roberts-Smith will be on trial – so will the justice system

Andrew L. Urban  It’s all very well to have a war crimes murder trial of Ben Roberts-Smith but given its track record, the legal system is not all that trustworthy to deliver justice. The many moving parts of the system … Continue reading

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Getting the bastards back: Garry Nye v The Police

Andrew L. Urban  Garry Nye attended his own wake; I was invited. My book-length story on his life and troubles was well advanced. It turned out to be my first wrongful conviction report. Not long after, I wrote his obituary … Continue reading

Posted in Case 29 Garry Nye | 3 Comments

From the Archives: Dr Colin Manock, the forensic fraudster (retired) whose incompetence tainted 10,000 autopsies

Andrew L. Urban It was in the main street of Mintabie, 980 kms northwest of Adelaide, the remote opal mining community (now closed). It was 1978 and an Aboriginal man had been found dead, in mysterious circumstances. The Coroner sent … Continue reading

Posted in General articles | 4 Comments

The Falconio Case: Questions That Refuse to Go Away

The conviction of Bradley John Murdoch for the murder of Peter Falconio has always sat uncomfortably with anyone who looks closely at the evidence  or rather, the lack of it, writes STEVEN FENNELL. 

Posted in Case 12 Bradley Murdoch | 7 Comments

Does the presumption of innocence cease at appeal?

Andrew L. Urban After a guilty verdict, the defendant is entitled to appeal. In the cases we regard as wrongful convictions, an appeal is an essential step toward correcting error at trial. When is the assumption of innocence negated? 

Posted in Case 05 Derek Bromley | 8 Comments

From the archives: Derek Bromley’s appeal mangled by court

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, according to Flinders University legal academics Dr Bob Moles and Bibi Sangha, as we first … Continue reading

Posted in Case 05 Derek Bromley | 6 Comments