Andrew L. Urban.
That great State of renowned legal probity and justice, Tasmania, has announced its response to Brett J’s judgement that police illegally recorded prison conversations for two months: it has tasked a defender of TasPol to conduct an “independent” review. Tsk tsk … take this wet lettuce leaf and smack their wrist. That sardonic response reflects the local paper’s reporting of the matter. Continue reading
Andrew L. Urban.
Immediately after the Chris Dawson guilty verdict was announced this week, Lyn Dawson’s brother Greg Simms called on Dawson to do the decent thing and reveal the location of her body, to allow the family to give Lyn a proper burial. A plea has been made for NSW to introduce legislation similar to Queensland’s “no body, no parole” law in recognition of the anguish suffered by surviving relatives and friends of murder victims. But there is a grave risk of injustice in such a law unless it is carefully designed. Continue reading
Chris Dawson yesterday convicted of murdering his then wife Lyn, 40 years ago. Derek Bromley wrongfully convicted of murder almost 40 years ago – still in jail. Sue Neill-Fraser wrongfully convicted of murder 13 years ago – still in jail … Robert Xie wrongfully arrested for murder 13 years ago – still in jail. Robert Farquharson wrongfully convicted of murdering his three young sons 13 years ago – still in jail …. etc Continue reading
Andrew L. Urban.
You might sleep soundly in the belief that Australia has a robust, fair and competent criminal justice system. Dream on. The System itself sometimes contributes to lawlessness in the administration of justice. Continue reading
Protection from unlawful surveillance by law enforcement is of significant public importance, stated Brett J in his judgement against TasPol in the five year old case of Hobart lawyer Jeff Thompson, which was dropped (nolle prosequi) on August 8, 2022, and described as “appalling illegal conduct of TASPOL” by Thompson’s barrister David Edwardson QC. Continue reading
Andrew L. Urban.
The High Court’s dismissal of Sue Neill-Fraser’s application seeking leave to appeal (August 12, 2022) leaves unresolved the matter of inadmissible forensic evidence at trial and the lack of disclosure of that error to the courts. Flinders University legal academic Dr Bob Moles took the matter to the Integrity Commission Tasmanian (ICT), pointing out the legal obligation that remains unfulfilled. Continue reading
Andrew L. Urban.
Since her arrest for murder 13 years ago tomorrow (20/8/2022), up to the latest High Court decision a week ago, Sue Neill-Fraser’s case has moved slowly through the courts. The 2010 trial, the appeal, the seeking leave at the High Court, then a second appeal and finally seeking leave to appeal to the High Court again … a dozen jury, a dozen years and a dozen judges. Murder solved? Or a catastrophic failure? Continue reading
By CLA President Dr Kristine Klugman and CEO Bill Rowlings
The High Court – judges Stephen Gageler, Simon Steward and Jacqueline Gleeson – has refused Sue Neill-Fraser leave-to-appeal her murder conviction on Friday 12 August 2022 after a 45-minute hearing, and five minutes of conferring between themselves. Continue reading
Andrew L. Urban.
Here is an example of why the average person in the street cannot rely on press reports to be fully informed about matters relevant to wrongful convictions. Continue reading
Andrew L. Urban.
With the High Court’s August 12, 2022 refusal (the second time in 10 years) to grant Sue Neill-Fraser special leave to appeal her 2010 conviction for the 2009 murder of her partner, Bob Chappell, she has assumed legendary status. Continue reading