NSW rape trial judge calls for reform of s293

Andrew L. Urban.

A man accused of rape has evidence of 12 incidents in which his alleged victim had made previous false claims about sexual abuse – but the court cannot allow that evidence to be heard, due to the catch-all nature of section 293 of the Criminal Procedure Act. The judge is calling for the section to be amended.  Continue reading

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Sue Neill-Fraser vigil in Hobart tomorrow

The Sue Neill-Fraser Support group is organising a vigil in Hobart’s Parliamentary Gardens tomorrow (Saturday, December 21, from 11 am), as Neill-Fraser faces her 11th Christmas in prison. Continue reading

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Sue Neill-Fraser appeal delayed to May 2020

Paul Galbally, acting for Sue Neill-Fraser at a directions hearing at Hobart’s Supreme Court today, requested that the court agree to a change of date for the new Appeal as Tom Percy, who has been leading Sue’s defence, is not available for the original proposed Appeal date of 2 -13 March 2020. Mr Galbally requested the date be changed to 25 May 2020, with two weeks being set aside, reports Rosie Crumpton-Crook of the Neill-Fraser Support Group.  Continue reading

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The Baby Deaths chain reaction

Andrew L. Urban.

They have come to be known as The Baby Deaths. Three unrelated babies who died between October 1992 and August 1993 in Adelaide, were each victims of physical abuse but the State’s Chief Pathologist (1968 – 1995), the insufficiently qualified Dr Colin Manock, reported the cause of death in each case as natural: bronchopneumonia. It was the start of a 20 year chain reaction that began with a wrongful conviction which should have never happened. Continue reading

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Private movie previews presented by Andrew L. Urban

Invitation to readers of wrongfulconvictionsreport: please join Andrew for Movies Now, a series of six new movies prior to their commercial release, followed by a discussion with a film industry practitioner; Wednesdays from Feb. 5, 2020.  Continue reading

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Can juries get it wrong?

Andrew L. Urban.

Juries are human. Fallible, often under stress, especially in trials of serious crime, collectively uninformed in law, forensic science or other relevant disciplines. Juries ingest what the prosecution and defence feeds them. Having served on a jury, I know from first hand experience how hard it is to sift evidence, to assess witnesses and to avoid the natural bias of the police, the pleadings of the accused and to weigh court theatrics against what the lawyers say are cold facts.  Continue reading

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Robert Xie – an evidence-free conviction

Andrew L. Urban.

There was no direct evidence that Robert Xie viciously murdered five members of his wife’s family in 2009, nor any credible circumstantial evidence. The appeal against his 2017 conviction has been delayed by the Crown, most recently in October this year (2019). This briefing is published to provide the public with information about the case which may be at odds with media-generated perceptions about the man and the murders.  Continue reading

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Judge sorry for justice system

Andrew L. Urban.

Three men from Baltimore, US, who were sent to prison as teenagers for a murder they did not commit have been released after 36 years. And after overturning the convictions on November 26, 2019, “On behalf of the criminal justice system,” judge Charles Peters said, “I’m going to apologise.”  Continue reading

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Unis have no jurisdiction in sexual assault matters

The Queensland Supreme Court has determined that universities have no jurisdiction to adjudicate sexual assault, reports Bettina Arndt Continue reading

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Victoria’s new right to appeal law passed

Andrew L. Urban.

Victoria, as of November 14, 2019, has joined South Australia and Tasmania as states where a further right to appeal is now in place, subject to fresh and compelling evidence.  Continue reading

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