The third Red Herring Certificate goes jointly to … Justices Wood & Pearce

The second appeal against her 2010 (wrongful) conviction and 23 year sentence for the 2009 murder of her partner Bob Chappel by Sue Neill-Fraser was heard in March 2021. Wood J and Pearce J voted to dismiss the appeal while Estcourt J wrote a strongly dissenting opinion favouring the appeal and for quashing the verdict.  Continue reading

Posted in Case 01 Sue Neill-Fraser | 5 Comments

The second Red Herring Certificate goes to … Alan Blow (CJ rtd)

The Red Herring Certificate identifies prosecutors and judges who, in our sincere opinion supported by evidence, have helped bring about wrongful convictions. The Inaugural Red Herring Certificate went to Tim Ellis SC, the former Tasmanian DPP whose 2010 prosecution (speculation?) of Sue Neill-Fraser for the murder of Bob Chappell led to what is widely regarded as a wrongful conviction. He called every element that didn’t fit his narrative a red herring. And he had help: trial judge Alan Blow …  Continue reading

Posted in Case 01 Sue Neill-Fraser | 7 Comments

The Inaugural Red Herring Certificate goes to … Tim Ellis SC

The Red Herring Certificate identifies prosecutors and judges who, in our sincere opinion supported by evidence, have helped bring about wrongful convictions.  Continue reading

Posted in Case 01 Sue Neill-Fraser | 5 Comments

Tendency evidence risks unfair trials, eg Frank Valentine

Andrew L. Urban

Arguably the most insidious area of the criminal law in Australia is the application of Tendency & Coincidence evidence, a constant threat to fair trial protections.  Continue reading

Posted in Case 26 Frank Valentine | 3 Comments

Note to detective: tunnel vision is unwarranted certainty

Andrew L. Urban

The trouble with certainty without good evidence in crime investigation is that it easily leads to a wrongful conviction. We have reported on several cases to show this. One former detective has now claimed his ‘certainty’ should prevail; it isn’t enough.  Continue reading

Posted in Case 22 Noel Greenaway, Case 26 Frank Valentine | 3 Comments

Reforms to make convictions safe(er)

Andrew L. Urban

Too many unsafe convictions have put innocents behind bars. Our deformed criminal justice system must be reformed. Following on from our most recent posts examining various ongoing flaws and weaknesses in Australia’s criminal justice system (see * below) – and those who profess to serve it – we are dismayed to report that neither law reform commissions nor political parties have any plans or policies to address reforms in needed areas. And what are those areas?  Continue reading

Posted in Case 02 Henry Keogh, Case 17 Kathleen Folbigg, General articles | 5 Comments

To correct atrocities of the law relieve politicians of the burden

Andrew L. Urban

Advocating for a review of what is arguably a wrongful murder conviction doesn’t make you soft on murder. Likewise, advocating for a review of what is arguably a wrongful sexual assault conviction doesn’t mean you support sexual abuse. These basic truths have to be reiterated in today’s supercharged & off balance atmosphere about sexual abuse crimes in particular. Reviewing both categories of crime are resisted by large sections of the legal profession. The latter is resisted by large sections of the public and all politicians. Why it matters goes to the centre of a conflict between the separation of powers and the pursuit of justice.  Continue reading

Posted in Case 06 'Paul' | 7 Comments

Prosecutors hunting for convictions

Andrew L. Urban

Prosecutorial (bad) behaviour is partly responsible for nearly 1 in 5 wrongful convictions in Australia. That is the statistic reported in a Griffith University study. That study looked at just 71 wrongful convictions. Behind the statistic is the human tragedy that engulfs hundreds of people. In my view, even a tenth of that figure would be too many. It represents agents of the state harming citizens.  Continue reading

Posted in Case 01 Sue Neill-Fraser, Case 11 Robert Xie, Case 19 Marco Rusterholz | 3 Comments

Bad law & judges with poor judgement

Andrew L. Urban

 A combination of bad law and poor judicial decisions results in wrongful convictions. Frank Valentine was found guilty by the judge at his trial. The judge’s decision and reasons raised over 500 points of objection at appeal but the three appeal judges shrugged it all off. How can the accused (and justice) be protected from such unconstrained judicial errors?  Continue reading

Posted in Case 26 Frank Valentine | 6 Comments

A Tottle eclipse of the lie; Sharaz to pay $242,471+

Andrew L. Urban

West Australian Supreme Court judge Paul Tottle completed his demolition of the lie that Linda Reynolds was callous and part of a political cover up of Brittany Higgins’ rape claim against Bruce Lehrmann, with damages totalling $242,471 (plus legal costs) payable to Reynolds by Higgins’ boyfriend now husband David Sharaz.  Continue reading

Posted in Case 18 Bruce Lehrmann | 5 Comments