Andrew L. Urban.
She’s on parole. But Sue Neill-Fraser’s 2010 conviction for the 2009 murder of her partner Bob Chappell remains undisturbed – and controversially unjust. Her two appeals were dismissed; her two High Court applications seeking leave to appeal were refused. Yet … there are many reasons why Neill-Fraser’s conviction must be overturned. Continue reading
It’s been a bitter-sweet day for wrongful convictions today (16/9/22) with Derek Bromley’s leave to appeal his 38 year old murder conviction referred to the full Court (as we reported earlier) and Sue Neill-Fraser granted parole after 13 years in jail. Continue reading
The High Court today (16/9/22) referred the application seeking leave against Derek Bromley’s murder conviction to the full Court; the matter will be heard early next year at a date to be scheduled. Continue reading
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