Andrew L. Urban
In just the three cases that were cited in our recent series (Oct 20 – 26 2025) allocating seven of our Red Herring Certificates to a total of 8 judges and 3 prosecutors who we believe have contributed to or helped maintain wrongful convictions, the rules that govern prosecutions in Australia were ignored multiple times. What could be done to justify calling it a ‘justice’ system? Continue reading
In a dispiriting 3:0 decision, Frank Valentine’s multi-point appeal against his many convictions by Judge Noman was dismissed as if there was not a single valid ground. Not even when evidence contradicts the conviction. Continue reading
So much is wrong with Nicole Noman’s judgement in the 2017 historical sexual abuse accusations trial of Frank Valentine, (the appeal document listed over 500 points) I present only a representative few that stand out as worthy of this Certificate. Adding to the debacle, three judges dismissed the appeal entirely. They will be considered next … Continue reading
In 2016, at the fourth and final multiple-murder trial of Robert Xie, Justice Fullerton was directly offered at least one chance to ensure a fair trial. She refused. She also erred in some of her directions to the jury. Continue reading
The headlines have gone but a lifetime jail sentence remains for Robert Xie for the 2009 murder of the Lin family. (Three adults and his two young nephews.) Xie was convicted without any real evidence. The case was fashioned in the DPP’s office out of unreliable circumstantial material. Hard to believe? Prove me wrong. Continue reading
The second appeal against her 2010 (wrongful) conviction and 23 year sentence for the 2009 murder of her partner Bob Chappel by Sue Neill-Fraser was heard in March 2021. Wood J and Pearce J voted to dismiss the appeal while Estcourt J wrote a strongly dissenting opinion favouring the appeal and for quashing the verdict. Continue reading
The Red Herring Certificate identifies prosecutors and judges who, in our sincere opinion supported by evidence, have helped bring about wrongful convictions. The Inaugural Red Herring Certificate went to Tim Ellis SC, the former Tasmanian DPP whose 2010 prosecution (speculation?) of Sue Neill-Fraser for the murder of Bob Chappell led to what is widely regarded as a wrongful conviction. He called every element that didn’t fit his narrative a red herring. And he had help: trial judge Alan Blow … Continue reading
The Red Herring Certificate identifies prosecutors and judges who, in our sincere opinion supported by evidence, have helped bring about wrongful convictions. Continue reading
Andrew L. Urban
Arguably the most insidious area of the criminal law in Australia is the application of Tendency & Coincidence evidence, a constant threat to fair trial protections. Continue reading
Andrew L. Urban
The trouble with certainty without good evidence in crime investigation is that it easily leads to a wrongful conviction. We have reported on several cases to show this. One former detective has now claimed his ‘certainty’ should prevail; it isn’t enough. Continue reading