Corruption, lawlessness in South Australia – and that’s the legal system

Posted on August 8, 2022 by andrew

 Andrew L. Urban.

Neither the Major Crime Investigation Unit, nor the Attorney General, nor the State’s Director of Public Prosecution want anything to do with it. ‘IT’ is the legal scandal around Dr Colin Manock’s reign as the unqualified forensic pathologist allowed to give evidence in hundreds of trials including that of Derek Bromley. The scandal has been festering on the body of the South Australian justice system for decades – but now it is about to sully the High Court of Australia.  Continue reading →

Posted in Case 05 Derek Bromley | 1 Comment

Will big question be exposed in High Court?

Posted on August 6, 2022 by andrew

Andrew L. Urban

A question of profound and long lasting importance will be laid bare before the High Court on Friday, August 12, 2022, when the application for special leave to appeal her 2010 murder conviction by Sue Neill-Fraser will be put before the learned judges – a question not exposed before in any court.  Continue reading →

Posted in Case 01 Sue Neill-Fraser | 28 Comments

The Big Folbigg Mistake – reviewed

Posted on August 2, 2022 by andrew

Andrew L. Urban.

There is no worse crime than a mother murdering her own toddlers… four of them. Is there? Well, maybe one: wrongfully convicting a mother of such a deed. In his new book, The Big Folbigg Mistake, author John Kerr points the finger at the NSW criminal justice system, which has defied science and is still keeping Kathleen Folbigg in prison as she approaches 20 years behind bars.  Continue reading →

Posted in Case 17 Kathleen Folbigg | 10 Comments

Derek Bromley next at High Court

Posted on August 2, 2022 by andrew

Andrew L. Urban

The High Court will hear Derek Bromley’s seeking leave application on September 16, 2022, a month or so after Sue Neill-Fraser’s case (August 12, 2022). Both were convicted of murder and both cases display characteristics of wrongful convictions. (See respective case histories via links at the right.)  Continue reading →

Posted in Case 05 Derek Bromley | 4 Comments

Sue Neill-Fraser case moves out of Tasmania to the High Court

Posted on July 24, 2022 by andrew

Andrew L. Urban

At 9.30am on Friday, August 12, 2022, the (probably three) High Court judges assigned to hear the seeking leave to appeal her 2010 murder conviction by Sue Neill-Fraser, will watch their screens wherever they are geographically, but no longer within Tasmania’s jurisdiction, to hear the arguments on her behalf by Robert Richter QC on another screen. The DPP will respond, also via videolink, and by 10.30am, the judges will have made a decision: either consent to hear the appeal or dismiss the application. This briefing covers all the issues.  Continue reading →

Posted in Case 01 Sue Neill-Fraser | 41 Comments

Speculation undesirable (and impermissible) prosecutorial tool

Posted on July 9, 2022 by andrew

Andrew L. Urban

Society does not want prosecutors to win convictions in circumstantial cases based on speculation. It is also impermissible. If it weren’t for professional immunity, the practice would cease.  Continue reading →

Posted in Case 01 Sue Neill-Fraser, Case 02 Henry Keogh, Case 11 Robert Xie, General articles | 17 Comments

Science in service of the court – or not?

Posted on July 4, 2022 by andrew

Andrew L. Urban

How really reliable is testimony from expert witnesses? How can juries and judges tell if what they are told is unbiased, grounded in solid scientific knowledge and not just opinion? How should such witnesses conduct themselves? Try this check list.  Continue reading →

Posted in Forensic evidence | 9 Comments

The Boxing Butterfly takes wing – beware its sting

Posted on June 30, 2022 by andrew

A month after its publication, the book chronicling the career to date of Margaret Cunneen SC, The Boxing Butterfly, is in its second print-run, after a rush of demand, according to publisher Michael Wilkinson of Wilkinson Publishing. The book was launched at two functions in late June, the first at the Wyllie martial arts gym where Cunneen does her boxing, the second at her chambers in the heart of Sydney’s legal-land. Continue reading →

Posted in General articles | 11 Comments

Further right to appeal passes WA parliament

Posted on June 19, 2022 by andrew

The Criminal Appeals Amendment Bill 2021, the new statutory right of (second and subsequent) appeal, has now been introduced in Western Australia. It passed the parliament on June 15, 2022, and now awaits formal assent before being enacted.   Continue reading →

Posted in General articles | 15 Comments

Fresh evidence at appeal cannot bolster Crown case

Posted on June 11, 2022 by andrew

In response to a question about the Derek Bromley case by reader Jerry Fitzsimmons, Flinders University legal academic Dr Bob Moles explains why fresh evidence at appeal can help overturn an unsafe conviction, but the Crown cannot use fresh evidence to bolster its case. Continue reading →

Posted in Case 05 Derek Bromley | 4 Comments