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 We do not publish anonymous comments; full name is required when posting (the Editor needs to know the identity of the commenter) but we will withhold names from publication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 | 9 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

If Pell, why not other innocents in jail?

Posted on April 9, 2020 by andrew

Andrew L. Urban.

George Pell’s supporters are backing a review of the way Victoria Police and the Office of Public Prosecutions handled the ultimately failed pursuit of the cardinal. Terry Tobin QC* said that if the High Court was right about the possibility of the offences not occurring, an innocent man had been sent to jail for 405 days in what was one of the biggest injustices in Australian criminal history.  Continue reading →

Posted in Case 01 Sue Neill-Fraser | 7 Comments

Sue Neill-Fraser appeal delayed (again) to later in 2020

Posted on April 8, 2020 by andrew

Andrew L. Urban.

If it’s not one thing, it’s another; this time, the already delayed May 25, 2020 appeal hearing has had to be delayed again due to the restrictions imposed by the emergency measures being implemented in the coronavirus pandemic; the earliest option is August 17, but it could be as late as November 2.  Continue reading →

Posted in Case 01 Sue Neill-Fraser | 24 Comments

Pell convictions not supported by evidence – now quashed

Posted on April 7, 2020 by andrew

Andrew L. Urban

In its unanimous 7 – 0 decision, the High Court concludes its summary of the decision in the George Pell appeal with an abundance of restraint: “a significant possibility that an innocent person has been convicted because the evidence did not establish guilt to the requisite standard of proof”. Continue reading →

Posted in Case 07 George Pell | 17 Comments

Justice derailed – Part 3

Posted on April 3, 2020 by andrew

Andrew L. Urban

In Part 1 of this series, we referred to the damaging effect that tunnel vision can have on the entire criminal justice process, from start to finish. Following the Australian examples in Part 1 (published January 15, 2020), here in Part 3 we outline a deeply disturbing example of tunnel vision from the US which demonstrates its extraordinary ‘stickiness’. (Part 2, concerning the case of Cardinal George Pell, was published March 13, 2020. The High Court decision in Pell will be delivered on Tuesday, April 7, 2020.)  Continue reading →

Posted in General articles | 4 Comments

Justice derailed – Part 2

Posted on March 13, 2020 by andrew

Andrew L. Urban.

 In Part 2, we examine the controversial case of Cardinal George Pell; his conviction and failed appeal, asking whether the evidence meets the standard of proof beyond reasonable doubt and whether the majority in the appeal court was justified in rejecting his appeal. The High Court this week heard arguments from both sides and is considering the case. (see Part 1, published January 15, 2020)

Continue reading →

Posted in General articles | 8 Comments

Importing judges to avoid conflict of interest

Posted on February 4, 2020 by andrew

Andrew L. Urban.

February 4, 2020: Further to our February 3 report on the former judge who has called for the Sue Neill-Fraser new appeal in Tasmania’s Supreme Court to be heard by mainland judges, we report on other such judge importations. Continue reading →

Posted in Case 01 Sue Neill-Fraser | 16 Comments