The death of Bob Chappell & the damnation of TasPol: call for the Tasmanian A-G to ask to re-open the appeal of Sue Neill-Fraser

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

Posted in Case 01 Sue Neill-Fraser | 26 Comments

Justice may depend on where you live

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

Posted in CCRC, General articles | 6 Comments

TasPol failed to disclose key evidence and ran a flawed investigation into the death of Bob Chappell: report

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

Posted in Case 01 Sue Neill-Fraser | 27 Comments

Bromberg v Bolt: who was right v left?

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

Posted in General articles | 1 Comment

Compensation – the higgledy-piggledy method

Andrew L. Urban.

 Consistency in the administration of the law is absolutely paramount – yet compensation for mistakes (or malpractice) that convict the innocent is applied higgledy-piggledy by politicians throughout Australia.  Continue reading

Posted in General articles | 15 Comments

Talking to Strangers – why we (and police and judges) mostly get it wrong

Andrew L. Urban.

The full title of Malcolm Gladwell’s book is Talking to Strangers: what we should know about the people we don’t know. For someone who did in fact talk to many, many strangers on the streets of Australia with a TV camera for my prime time SBS program, Front Up in the 90s, the subject matter is irresistible. And the book proved to be unputdownable … plus highly relevant to the subject of wrongful convictions.  Continue reading

Posted in General articles | 16 Comments

Fool proofing the Attorney General

The Attorney General’s Transparency Branch has a fool proof tactic, straight out of Yes, Minister, to shut down anything it doesn’t want to address.  Continue reading

Posted in CCRC, General articles | 14 Comments

Judicial Impartiality – needs work; report

Andrew L. Urban.

The majority of Australians (82%) don’t trust judges’ impartiality, according to the Menzies Research Centre’s (MRC) submission on Judicial Impartiality to the Australian Law Reform Commission (ALRC), which was tasked with examining the subject by former Attorney General Christian Porter; the ALRC will lodge its report by September 31, 2021.  Continue reading

Posted in General articles | 11 Comments

Can justice be seen to be done in the Territory?

Andrew L. Urban

A young white policeman in the Northern Territory, Zachary Rolfe, is facing trial this week (July 19, 2021) charged with the murder of a young Aboriginal man, Kumanjayi Walker. These words alone trigger preconceptions that will cloud any and all facts of the case that will emerge – and will be tested, torn to shreds or confirmed …. and incompletely reported in the media. Can you see the problem?  Continue reading

Posted in General articles | 9 Comments

A sealed envelope, a secret instruction? Or just indifference?

A sealed envelope on the desk of every incoming Federal Attorney-General contains a short, unsigned, cryptic instruction: “Avoid CCRC”. How do we know this? It’s elementary, my dear Whatsyourname; it’s like this … ANDREW L. URBAN tells a tale you may find hard to believe. Continue reading

Posted in CCRC, General articles | 11 Comments