Tasmanian legal system on trial

Posted on October 22, 2021 by andrew

Andrew L. Urban.

To highlight how badly the Tasmanian legal system went off the legal rails in its treatment of Sue Neill-Fraser, we have drawn up a short list of charges we would argue at court in an ideal world (and outside Tasmania). The charges are based on legal opinions supported by evidence in the Etter/Selby papers and the Dr Bob Moles submission – all recently delivered to Parliament. (There are several other reasons to have the conviction set aside; many known for years.)  Continue reading →

Posted in Case 01 Sue Neill-Fraser | 16 Comments

Is Tasmanian Parliament complicit in covering up injustice?

Posted on October 20, 2021 by andrew

Andrew L. Urban.

Four judges, two DPPs and a defence barrister compounded the flawed police investigation into the disappearance of Bob Chappell on Australia Day 2009 (whose body has never been found), for whose murder Sue Neill-Fraser has been convicted. Following two recent legal submissions to Parliament, is it plausible to deny the need for a judicial review of the case? Will anyone ever be held to account? Is Parliament complicit in covering up an egregious miscarriage of justice if it fails to act?  Continue reading →

Posted in Case 01 Sue Neill-Fraser | 24 Comments

Non-contentious legal principles to overturn Sue Neill-Fraser conviction – by consensus

Posted on October 19, 2021 by andrew

In a submission to the Members of the Tasmanian Parliament this week, legal academic DR BOB MOLES of Flinders University, articulates the non-contentious legal principles in the Sue Neill-Fraser case; “if any one of the substantive points is sustained, it will satisfy the test for the overturning of the verdict at trial.” And he explains “Why we should reach a consensus.” This is an extract of his submission.   Continue reading →

Posted in Case 01 Sue Neill-Fraser | 10 Comments

The criminal justice system seemingly cannot reform itself

Posted on October 12, 2021 by andrew

Andrew L. Urban.

What has the criminal justice system learnt from the wrongful convictions decades ago of Lindy Chamberlain, Derek Bromley, Henry Keogh, Andrew Mallard, Gordon Wood and many others? With at least three murder convictions currently under a cloud (Neill-Fraser, Xie, Folbigg), and the near miss of the Singh* case, exhibiting failures that were contributing factors in past convictions, we have to conclude that the answer is: nothing.  Continue reading →

Posted in General articles | 11 Comments

Kathleen Folbigg – The Science v The Courts

Posted on October 11, 2021 by andrew

Follow ‘the science’? So far, as we reported in March 2021, the courts have resisted that call in the case of Kathleen Folbigg, convicted of murdering her children and in prison for the past 19 years. With more new expert evidence that is claimed to exonerate her, the conflict between ‘the science’ and ‘the courts’ has reached a point that reveals the weaknesses of both. Below, we publish extracts from Quentin McDermott’s exclusive report in The Australian (Oct 8, 2021).  Continue reading →

Posted in Case 17 Kathleen Folbigg | 19 Comments

A federal ICAC?

Posted on October 9, 2021 by andrew

Where is the case that screams the need for a federal ICAC, asks MARGARET CUNNEEN SC *?  Continue reading →

Posted in General articles | 22 Comments

Sue Neill-Fraser appeal: if Vass ‘wasn’t on the boat’ why insert herself into the case after trial?

Posted on October 8, 2021 by andrew

Andrew L. Urban.

If the three judges considering Sue Neill-Fraser’s appeal decide that Meaghan Vass’ DNA was there by secondary transfer (as the Crown argues) and thus she was not at the crime scene on board Four Winds … they have to accept the logical conclusion of their decision: the homeless young Vass took enormous risks by willingly inserting herself into the case after the trial … for what?  Continue reading →

Posted in Case 01 Sue Neill-Fraser | 46 Comments

QUIZ – test your knowledge of the Sue Neill-Fraser case

Posted on October 4, 2021 by andrew

This week 11 years ago, Sue Neill-Fraser entered the witness box to give evidence at her trial for murdering Bob Chappell. This week also marks seven months since her latest appeal hearings before the judges (Wood, Escourt, Pearce) who are yet to deliver their decision. Continue reading →

Posted in Case 01 Sue Neill-Fraser | 13 Comments

The disturbing case of Derek Bromley – marking International Wrongful Conviction Day 2021

Posted on October 3, 2021 by andrew

To mark International Wrongful Conviction Day, Harold Levy *, publisher of The Charles Smith Blog in Toronto, invited Dr Bob Moles of Flinders University in Adelaide to provide his insights into the case of Derek Bromley, which, he says, features “the most disturbing feature” of any wrongful conviction in the Anglosphere. (Also see our post marking the day, October 2 – yesterday Australian time.)  Continue reading →

Posted in General articles | 7 Comments

International Wrongful Conviction Day, October 2, 2021

Posted on October 2, 2021 by andrew

International Wrongful Conviction Day began as an effort of the Innocence Network in the US, an affiliation of organisations dedicated to providing pro-bono legal and investigative services to individuals seeking to prove innocence of crimes for which they have been convicted, working to redress the causes of wrongful convictions, and supporting the exonerated after they are freed. This is the eighth annual day.  Continue reading →

Posted in General articles | 17 Comments