Robert Xie historic appeal to begin

Posted on June 19, 2020 by andrew

Andrew L. Urban.

Chief Justice of NSW Tom Bathurst QC will be one of the judges (along with Justices Hulme and Beech-Jones) to hear the appeal by Lian Bin (Robert) Xie against his five 2017 murder convictions, starting on Monday, June 22, 2020, in the spacious Banco Court of the Law Courts Building in Queens Square, Sydney. The convictions, we believe, are collectively unsafe; see below. Whatever the outcome of the appeal, it is destined to be a historic legal milestone – and we will be reporting on the proceedings. Continue reading →

Posted in Case 11 Robert Xie | 2 Comments

A cancerous phenomenon

Posted on June 13, 2020 by andrew

One of Australia’s most respected former detectives, COLIN McLAREN, has broken rank from police circles, to speak out against a judicial system he no longer believes in. Indeed, he suffered threats of arrest because he dared to find glaring faults in a past murder case, forcing him to leave Australia, permanently. He will reside overseas until Australia installs a criminal cases review commission to tackle wrongful convictions. He filed this post as he left.  Continue reading →

Posted in General articles | 41 Comments

Another CCRC established … but still not in Australia

Posted on May 24, 2020 by andrew

Andrew L. Urban.

A new, independent body that will have the power to send potential miscarriages of justice back to an appeal court is on track to begin receiving applications from July 1, 2020 – but not in Australia. It’s the New Zealand Criminal Cases Review Commission (NZCCRC), leaving Australia behind in dealing with miscarriages of justice, laments former High Court judge Michael Kirby AC CMG.  Continue reading →

Posted in CCRC, General articles | 19 Comments

They executed an innocent man this week

Posted on May 22, 2020 by andrew

May 19, 2020, 5:55 PM ET: Today the U.S. Supreme Court refused to halt the execution of Walter “Arkie” Barton, after the court of appeals for the 8th Circuit lifted the stay on his execution, discounting evidence of his innocence because it was previously available to his defence counsel. Barton was executed later that evening.  Continue reading →

Posted in General articles | 7 Comments

Not guilty – but punished by a system we trust(ed?)

Posted on May 19, 2020 by andrew

Andrew L. Urban.

Most people trust the legal system and accept the guilty verdicts of the courts. Is that trust sometimes betrayed – either maliciously or through incompetence? And is it justified? Not if these few examples of innocents being punished are any indication.  Continue reading →

Posted in Case 14 Scott Austic | 13 Comments

Man sues over false rape charges by his ex

Posted on May 1, 2020 by andrew

The Australian’s Deborah Cornwall reports exclusively today: A Sydney man is suing his former wife, the NSW Police Force and a crown prosecutor for malicious prosecution and damages, accusing them of causing him “severe mental anguish” after persisting with false rape charges against him by his former wife.  Continue reading →

Posted in General articles | 4 Comments

Sue Neill-Fraser and expectations of the appeal judges

Posted on April 30, 2020 by andrew

Andrew L. Urban. 

Three Tasmanian judges will hear Sue Neill-Fraser’s new appeal later this year against her conviction for the 2009 murder of her partner Bob Chappell, amid concerns that the appeal should be heard not by local but by interstate judges. One reason is that the trial judge, Alan Blow, is now Chief Justice of Tasmania – their boss. But no doubt Justices Helen Wood, Stephen Estcourt and Robert Pearce will exercise objectivity and learned good judgement, as we suggest in this HYPOTHETICAL. Continue reading →

Posted in Case 01 Sue Neill-Fraser | 32 Comments

Robert Xie appeal to hear “dishonest” witness allegation

Posted on April 29, 2020 by andrew

Andrew L. Urban.

At a directions hearing in Sydney yesterday (28/4/2020) in advance of the appeal against his five murder convictions*, Robert Xie’s representative Belinda Rigg SC told the court the appeal hearing would include allegations that an expert witness had given “dishonest” evidence, “one of the most serious accusations of an expert witness,” as Justice Beech-Jones remarked.  Continue reading →

Posted in Case 11 Robert Xie | 7 Comments

COMMENT RULES

Posted on April 23, 2020 by andrew

We are delighted that many readers contribute commentary to our coverage and most abide by the rules applied in the traditional media regarding anonymity. Some, however, use pseudonyms or fake names – often for their own agendas. Given the often controversial nature of our content and the sensitive legal issues surrounding many articles, we understand that readers may wish to comment but keep their identity private. We do not publish anonymous comments; full name is required when posting (the Editor needs to know the identity of the commenter) but we will withhold names from publication when requested to do so for legitimate reasons. All comments will be moderated before publication. No correspondence will be entered into. Continue reading →

Posted in Uncategorized | 11 Comments

Sue Neill-Fraser & a legal system lacking morality

Posted on April 10, 2020 by andrew

Andrew L. Urban.

The foundation stone of the law is morality. All laws have a moral basis or background – but not all individuals and/or institutions within the legal system do. Moral considerations ought to inform legal considerations. In the case of Sue Neill-Fraser this imperative has failed and continues to fail. Continue reading →

Posted in Case 01 Sue Neill-Fraser | 16 Comments