Andrew L. Urban
Under the constitutional doctrine of the separation of powers, parliaments make laws, the executive administers and enforces laws, and the judiciary adjudicates disputes about the law. The judiciary is thus insulated from outside oversight; that’s a good thing … until it isn’t. Because if the judiciary is beyond oversight (other than its own) it can fall into error, and simply stonewall if challenged. Continue reading
The inquiry into the handling of the Bruce Lehrmann case by ACT police, the DPP and virtually anyone associated with it, can expect to come across a witches brew around the discontinued rape allegation against him by Brittany Higgins; how it was orchestrated and how it ensnared a number of senior politicians. Continue reading
Andrew L. Urban.
The 2015 double murder conviction of Marco Rusterholz presents a significant concern about the Tasmanian criminal justice system, as it extinguishes the requirement for guilt to be established beyond reasonable doubt, relying on questionable allegations. Continue reading
Convicted child killer Kathleen Folbigg told a close friend she used her incriminating diaries to “dump” her negative emotions in her grief and blamed herself, feeling that she had “failed as a mother, a woman”, letters tendered in an inquiry into her conviction show, reports Rhiannon Down in The Australian (Feb 15, 2023). Continue reading
Andrew L. Urban.
On the eve of his 40th year of imprisonment, Derek Bromley “finds himself, figuratively speaking, on the steps of the High Court of Australia for the second time,” writes his long-time friend and supporter ROBYN MILERA on Bringing Justice, as this extraordinary case remains in legal limbo, in controversial circumstances that will now be examined by the highest court in the land. Continue reading
Journalist Andrew L. Urban and retired barrister Kevin Borrick KC reveal how South Australia’s legal fraternity contributed to the ongoing scandal that began with the unqualified forensic pathologist Dr Colin Manock and spread like cancer, infecting the entire system. The Manock curse has corrupted justice for decades. But his were not the only crimes against forensic science … and South Australia not the only state. Continue reading
Journalist Andrew L. Urban and retired barrister Kevin Borrick KC reveal how South Australia’s legal fraternity contributed to the ongoing scandal that began with the unqualified forensic pathologist Dr Colin Manock and spread like cancer, infecting the entire system. The Manock curse has corrupted justice for decades. But his were not the only crimes against forensic science … and South Australia not the only state. Continue reading
Andrew L. Urban.
It’s one thing for a man convicted of murder to protest the verdict. It’s quite another to painstakingly dissect the trial judge’s summing up, as Marco Rusterholz did, to point out where he thinks “mistakes and misdirections” prompted (‘steered’ as he puts it) the jury to a guilty verdict. He detailed his critique in a briefing for his counsel to appeal against the verdict. And the appeal judges agreed 3-0 that the circumstantial case did not prove guilt beyond reasonable doubt. So why did they dismiss the appeal? Continue reading
Don’t let your generosity be fooled: when signing a petition, you’ll be asked to ‘chip in’ to help promote the cause. ‘Chipping in’ sounds benign but it’s just a way of asking for money while you are in a vulnerable frame of mind. Continue reading
The role of mobile phones in sexual assault cases is crucial, often providing exculpatory evidence – which is why some police investigations prefer not to answer the call for disclosure, as gender issues commentator BETTINA ARNDT explains with a couple of examples, including the recent case of a young man defended by Sydney barrister Margaret Cunneen SC. Continue reading