Malpractice, Incompetence And Lies: the Manock curse – Part 1

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

Posted in Case 01 Sue Neill-Fraser, Case 02 Henry Keogh, Case 03 David Szach, Case 05 Derek Bromley, Forensic evidence, General articles | 1 Comment

Did “mistakes and misdirections” prompt Marco Rusterholz murder conviction?

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

Posted in Case 19 Marco Rusterholz | 32 Comments

ALERT: ‘chip-in’ to petitions doesn’t help the cause

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

Posted in General articles | 4 Comments

Calling for disclosure – why mobiles matter

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

Posted in General articles | 1 Comment

Could reform help secure safer convictions in circumstantial cases?

Andrew L. Urban. 

The most recent – and highest profile – murder conviction based on circumstantial evidence was that of Christopher Dawson, for the murder 40 years ago of his then wife Lynette. The conviction, in a judgement delivered August 30, 2022, by Harrison J, raises questions about the way circumstantial cases of serious crime are tried. Is there a safer way? We propose one … Continue reading

Posted in General articles | 14 Comments

Duty of disclosure lasts forever

The duty of disclosure of “all matters within their knowledge” applies to all those who represent the Crown – and is a duty in perpetuity, write BIBI SANGHA and Dr BOB MOLES of Flinders University, in their December 21, 2022, briefing paper that may hold the key to overturning the murder conviction of Sue Neill-Fraser  – and others. (Edited extracts below Continue reading

Posted in Case 01 Sue Neill-Fraser, Case 05 Derek Bromley, Case 17 Kathleen Folbigg, General articles | 10 Comments

Bruce Lehrmann case inquiry launched by ACT

The ACT Government is launching an inquiry that will investigate the conduct of the prosecution, the defence and police involved in the botched case of Bruce Lermann, accused of raping Brittany Higgins inside Parliament, after the trial was aborted and the case dropped.  Continue reading

Posted in Case 18 Bruce Lehrmann | 19 Comments

Sue Neill-Fraser case for CCRC

Andrew L. Urban.

Following two unsuccessful appeals against her conviction for the 2009 murder of her partner Bob Chappell and twice refused leave to appeal to the High Court, Sue Neill-Fraser’s controversial 12 year old conviction is an ideal matter for consideration by a body such as a Criminal Cases Review Commission. And it is not the only case that could seek correction around Australia.  Continue reading

Posted in Case 01 Sue Neill-Fraser, CCRC, General articles | 21 Comments

Sue Neill-Fraser not a stereotypical killer – Parole Board

Tasmania’s Parole Board has published its reasons for releasing Sue Neill-Fraser on parole after 13 years (of a 23 year sentence), and noted that she did not present like a stereotypical killer.

The Parole Board said Mr Chappell’s death was a “devastating blow” for his children and a significant loss to his extended family, friends and colleagues. “The burden of their grief has however been made more onerous by the ongoing media interest on his death and focus on (Neill-Fraser),” the board said.

Tim Chappell provided a written statement for the board while it was assessing Neill-Fraser for parole. He said while missing his father and sad his children were too young to remember him, Tim Chappell also said he recognised that Neill-Fraser “does not pose any risk of significance” by being released back into the Tasmanian community.

The board noted the murder had captured public attention for several reasons – including the fact Mr Chappell’s remains had not been found and because of Neill-Fraser “consistently and voraciously” protesting her innocence over the years.

It also noted Neill-Fraser did not present like a stereotypical killer. “She presents as a well-spoken and educated lady of mature years and somewhat inconsistently with the common perception of a person who can, in a premeditated and calculated fashion, kill another,” the board said.

“She is, regardless of her denial of guilt, appearance and manner, a convicted murderer, and the assessment of her suitability for parole has been made on that basis.”

The board said Neill-Fraser had no remorse for her crime and had not helped authorities – or Mr Chappell’s family – in locating his body. (She would no doubt say she felt deep sorrow for the loss of her partner, who she did not kill and would herself dearly like to know what happened to his body.)

It said she had no relevant criminal history and had engaged positively with her fellow inmates and the authorities during her stint behind bars, being held in minimum security and being “productive in the prison gardens”.

The board said she had breached prison regulations twice – once in November 2017 when she was found with unauthorised items like “foodstuffs and makeup”, and again in September last year when she breached prison security by releasing information processes to wrongfulconvictionsreport for publication. (You can read that here.)

“Otherwise, she has presented as a compliant, engaged and polite inmate,” it said.

 

Posted in Case 01 Sue Neill-Fraser | 26 Comments

Presumption of guilt & other travesties in the case against Lehrmann

Andrew L. Urban.

Bruce Lehrmann has had to move away from Canberra, change his appearance and is living in the shadows, broke and looking for work of any kind to survive. He is not on the run from the law, but he may as well be. He has not been convicted of raping Brittany Higgins, but he may as well be. While his accuser has just been paid millions by the Federal Government (taxpayers) in a controversial manner.  Continue reading

Posted in Case 18 Bruce Lehrmann | 10 Comments