Dr Bob Moles & Andrew L. Urban.
It was made clear last night on the SBS program Insight – Wrongfully Convicted Part 2 (September 3, 2019), that the prosecutor in the Queensland case of Frank Button recognised that a significant error had occurred in relation to the DNA evidence in the case. As a consequence, the prosecutor ensured that the case was before the Court of Appeal within 24 hours. Continue reading
The Sue Neill-Fraser appeal will not be heard until next year (2020). Directions hearing at 4 pm today was before Wood J., Coates and Shapiro for the Crown. Chris Carr for Sue Neill Fraser appeared from Melbourne via video. Her lawyers have until 28 October to get their appeal book index in (and appeal books shortly thereafter) and the DPP has until 20 December to consider it and get his material in. Extra time might be needed re Agreed Facts. Early iIndications are that the appeal may go for one to two weeks. Wood indicated that it appeared that the appeal would go ahead in early 2020. Her Honour set the matter down for a directions hearing to check progress for 4 pm on 12 November 2019.
Andrew L. Urban.
“A Hobart lawyer charged with two counts of perverting justice in relation to Susan Neill-Fraser’s appeal bid may not face trial,” Emily Jarvie of Launceston based The Examiner reported on August 22, 2019, but Hobart’s Mercury did not cover this story, in what is perhaps Hobart’s most contentious topic, the Sue Neill-Fraser case. Continue reading
Wrongfully Convicted – the SBS Insight program over 2 episodes – August 27 & September 3, 2019 – discusses the Australian cases of Henry Keogh, John Button, Frank Button and the US cases of Debra Milke (spent over 20 years on death row) and Greg Bright (spent over 27 years in one of the toughest prisons in the US). All had convictions overturned having established that the evidence against them was false and misleading. Continue reading
Andrew L. Urban.
George Pell’s appeal against the conviction of child sexual abuse was dismissed by two of the three judges in the Victorian Supreme Court on August 21, 2019. It is a majority decision with which dissenting Justice Weinberg finds it impossible to agree. Others do, too. Continue reading
Andrew L. Urban.
On Tuesday morning, August 20, 2019, Robert Richter QC joined documentary maker Eve Ash on Seven’s Sunrise program, at the Melbourne vigil marking the 10th anniversary of Sue Neill-Fraser’s arrest for the murder of her partner Bob Chappell. Richter said the controversial case demands a Royal Commission, regardless of the outcome of the upcoming appeal. Continue reading
A second presentation by Andrew L. Urban (Saturday, September 14) at Parramatta College, Sydney, will bring to life further the contents of his book, Murder by the Prosecution.
Robert Xie
Following the inaugural presentation in May 2019, Andrew will tell more of the stories that comprise his book, adding some of the latest astonishing details in some of the cases, including a full update on the Sue Neill-Fraser case, due to be in court on appeal in the near future. He will also discuss the controversial case of Robert Xie, convicted of the brutal murder of five family members. But did he?
He will discuss issues around such wrongful convictions, including reforms that are urgently needed to minimise miscarriages of justice.
He will answer questions and also sign copies of the book, selling at the discount price of $20.
The presentation will begin at 1.30pm and finish at 4.30pm, including a 20 minute interval.
It’s part of the Parramatta College Hub Club – which means that if students join our Hub Club (details are at the link) they can attend this course and some other crime related courses for free, as our Hub Club Membership scheme is focusing on talks for Crime Buffs. So it’s only $49 to join (T&Cs apply)
Andrew L. Urban.
Cardinal George Pell’s conviction of child sexual abuse has been upheld today in a 2-1 decision by the appeal court judges.
Chief Justice Anne Ferguson and Court of Appeal President Chris Maxwell dismissed it, while Justice Mark Weinberg upheld the appeal. The two judges agreed it “was open to the jury to be satisfied beyond reasonable doubt Cardinal Pell was guilty as charged” and also dismissed the appeal on technical grounds.
The decision means Pell will remain behind bars and continue to serve his six-year prison term. Pell, 78, will be eligible for parole three years and eight months into his sentence, although he is also free to appeal the decision to dismiss his appeal in the High Court.
In his dissenting judgment, Justice Weinberg found that, at times, the complainant was inclined to embellish aspects of his account. He concluded that his evidence contained discrepancies, displayed inadequacies, and otherwise lacked probative value so as to cause him to have a doubt as to the applicant’s guilt.
He could not exclude as a reasonable possibility that some of what the complainant said was concocted, particularly in relation to the second incident. Justice Weinberg found that the complainant’s account of the second incident was entirely implausible and quite unconvincing. Nevertheless, Justice Weinberg stated that in relation to the first incident, if the complainant’s evidence was the only evidence, he might well have found it difficult to say that the jury, acting reasonably, were ‘bound’ to have a reasonable doubt about the Cardinal’s guilt. He went on to note, however, that there was more than just the complainant’s evidence. In Justice Weinberg’s view there was a significant body of cogent and, in some cases, impressive evidence suggesting that the complainant’s account was, in a realistic sense, ‘impossible’ to accept.
To his mind, there is a significant possibility that the Cardinal may not have committed the offences. In those circumstances, Justice Weinberg stated that in his view the convictions could not stand.
Cardinal Pell’s spokeswoman, Katrina Lee, has issued a statement expressing his disappointment at today’s decision and maintaining his innocence.
“Cardinal Pell is obviously disappointed with the decision today,” Lee said. “However, his legal team will thoroughly examine the judgment in order to determine a special leave application to the High Court.
“While noting the 2-1 split decision, Cardinal Pell maintains his innocence. We thank his many supporters.”
Andrew L. Urban.
Tuesday, August 20, 2019, marks the 10th anniversary of Sue Neill-Fraser’s arrest and incarceration for the Australia Day 2009 murder of her partner Bob Chappell, on board their new yacht, Four Winds. (See below for details of vigils.) But the case against her was never convincing and many Tasmanians, among others, have expressed anger and shame at the monstrous miscarriage of justice in the name of their State – and subsequent inaction to correct it. And no wonder: after years of grave doubts about her guilt, on March 10, 2019, Meaghan Vass, the eye witness to the murder, finally told the world publicly (on 60 Minutes) that Neill-Fraser was not there; she was not the killer. She repeated that yesterday.
Andrew L. Urban.
Meaghan Vass says she will say in court what she said on 60 Minutes, that she was on board Four Winds (the crime scene) when Bob Chappell was killed – and Sue Neill-Fraser (who has been convicted of his murder) was not. “If I have to go to court I will say the same as I said to 60 Minutes – as it’s the truth.” Continue reading