Andrew L. Urban.
What the Attorney-General said is wrong; she does have the power to SEEK LEAVE to re-open the Sue Neill-Fraser appeal; and the DPP, Daryl Coates SC, must advise the Court of Criminal Appeal his answer to Estcourt J about the grey dinghy was wrong, as barrister Hugh Selby explains. Continue reading
Andrew L. Urban.
In an escalation of damning revelations (fifth batch), the spotlight shifts from the police investigation to then prosecutor, DPP Tim Ellis SC, and the ODPP, as lawyers continue to unpack the miscarriage of justice in the Sue Neill-Fraser murder conviction. Continue reading
Andrew L. Urban.
Garbled English aside, Tasmania’s DPP misled the appeal court – perhaps unwittingly, but significantly – as the latest Etter/Selby submission to the Attorney-General reveals, with an extract from the transcript of Sue Neill-Fraser’s appeal before Tasmania’s Court of Criminal Appeal in March 2021. Continue reading
Andrew L. Urban.
Another explosive set of documents to Tasmania’s Attorney-General from Barbara Etter APM and Hugh Selby, reveals that not just the defence but even the DPP was denied correct evidence in the murder trial of Sue Neill-Fraser. Continue reading
Andrew L. Urban.
In Pell, the Victorian Court of Appeal’s Judgement “falls apart under your eyes,” writes jurist John Finnis AC QC in the new book Current Issues in the Law of Evidence (Connor Court). The Appeal judges, it seems, acted as irrationally as did the jury at trial. Finnis explains how Cardinal George Pell’s innocence is proven. Continue reading
Andrew L. Urban.
If Tasmania’s Attorney-General fails to act on last week’s Etter/Selby submission revealing the withholding of evidence by police, misleading forensic evidence and serious investigation failures into the 2009 death of Bob Chappell, her decision will be considered in effect a political cover-up and a degradation of Tasmanian justice. Continue reading
Andrew L. Urban.
Evidence withheld by police, misleading forensic evidence and serious investigation failures into the death of Bob Chappell (including the unchecked mobile phone records of key witness Meaghan Vass) revealed in a damning submission calling for the Attorney General to ask for the re-opening of the Sue Neill-Fraser appeal. Continue reading
Andrew L. Urban.
If you’ve been wrongfully convicted, just hope you’re living in a jurisdiction with well developed correcting functions in the legal system. Differing legal mechanisms in different places produce uneven outcomes. And while Australia has yet to even officially discuss a Criminal Cases Review Commission (CCRC), Canada has asked two Australian legal academics for advice on how to set up theirs. And the advice includes a notable innovation. Continue reading
Andrew L. Urban.
A lengthy report that details flawed police investigation practices and failure to disclose evidence, has been sent to Tasmania’s Attorney General, Elise Archer, bringing to light information that has not been presented to court at either the trial of Sue Neill-Fraser or at subsequent appeal hearings. Continue reading
Controversial, lamentable, anti free speech – or perfectly justified? In the wake of the Menzies Research Centre’s Judicial Impartiality Report (see our story on July 22, 2021) and its findings regarding Justice Bromberg’s judgements, we review some responses to his decision against Andrew Bolt in the controversial case of Eatock v Bolt [2011] FCA 1103, brought under the Racial Discrimination Act. Was that a wrongful conviction? Does the answer depend on ideological bias; left v right? We present a variety of opinions for debate. Continue reading