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
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
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
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
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
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
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
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
Citing several wrongful convictions examined on wrongfulconvictionsreport.org in his forthcoming book, Frank Valentine and the Abuse of Lady Justice – Presumption of Evil 2, author Andrew L. Urban condemns the justice system’s seeming indifference to injustice. Continue reading
Andrew L. Urban
Was the Commonwealth negligent to pay Brittany Higgins $2.4 m in response to her claims that have now been found to be false by two judges, and will the commonwealth take steps to recoup the taxpayers’ money, asks lawyer/columnist Janet Albrechtsen (The Australian, Sept 3, 2025). Continue reading
In this week’s devastating findings by Justice Paul Tottle of the Supreme Court of Western Australia, the judge found that Brittany Higgins had exaggerated and embellished aspects of her story when speaking to the media, critical elements of her narrative did not correspond with reality, others were misleading, dishonest, speculative, driven by malice or simply untrue. She had indeed defamed Linda Reynolds in the long running Higgins/Lehrmann legal jumble.
The crippling verdict has shredded her credibility, threatens her $2.4m commonwealth compensation payment and could send her into bankruptcy, as Paul Garvey writes in The Australian today (29/8/2025). Not the best profile for a newcomer to a proposed public relations career…
On another page, legal affairs contributor Chris Merritt writes: “It is worth considering what course this affair might have taken had everyone involved adopted the principle that accusations of criminal wrongdoing should be prosecuted by the justice system, not the media.
“By discarding that principle, significant parts of the mainstream media seemed utterly unaware of their limitations. They retailed falsehoods and presented it as news.”
Earlier in August, the Federal court heard Bruce Lehrmann’s appeal over the loss of his defamation suit against Network TEN and Lisa Wilkinson; the judges have reserved their decisions.