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
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
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
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
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
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
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
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
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
The SA Director of Public Prosecutions should be directed to inform the High Court that the evidence of Dr Colin Manock, former chief pathologist in South Australia, was inadmissible as he was not qualified to do autopsies or to give expert evidence in court. That was over 38 years ago, when Derek Bromley was convicted of murder based on Manock’s evidence. This is the long simmering issue in the controversial fight over Bromley’s conviction, claimed to be a miscarriage of justice. Continue reading