In the wake of Justice Fullerton’s judgement (10/8/2018) that saw Gordon Wood’s claim for malicious prosecution against the State of NSW fail, Andrew L. Urban examines crucial parts of the judgement and finds them troubling.
It could be argued that Justice Fullerton’s judgement came as close as possible to a verdict for the plaintiff (Wood) without crossing the line to actually do so. Here is the argument for that view:
By Andrew L. Urban
In a cruel coincidence, Sue Neill-Fraser will attend the Supreme Court in Hobart for the final hearing seeking leave to appeal her conviction of murdering Bob Chappell, from Tuesday, August 21, 2018; a day after the ninth anniversary of her arrest. Whatever Justice Michael Brett’s decision, it will set off a chain of events impossible to foreshadow – and which will echo through legal history.
By Andrew L. Urban
Although Justice Fullerton offers serious criticisms of now retired Senior prosecutor Mark Tedeschi QC’s ‘disingenuous’ behaviour at the 2012 trial, and the reasons for her decision at 500 pages make up the equivalent of a book, none of that will satisfy either Gordon Wood nor any of the critics of her decision to deliver a verdict in favour of the defendants, the State of NSW. Wood was hoping his malicious prosecution suit would further vindicate his successful appeal against his murder conviction. To complete the catastrophe for Wood, he has to pay all costs. Continue reading
Andrew L. Urban’s new book, Murder by the Prosecution, is now available for pre-order from Wilkinson Publishing Exposing some grave mistakes in Australia’s not-so-trustworthy criminal justice system, film critic-turned activist journalist Andrew L. Urban recounts how his life is changed when he is drawn into the field of wrongful convictions after reviewing a documentary about the case of Hobart grandmother, Sue Neill-Fraser, convicted of murder … without evidence.
By Andrew L. Urban
By the evening of Australia Day 2009 in Hobart, the blustery wind was calming down and the fine day was turning into a balmy summer night. Helen set out for an 80th birthday party at a friend’s house. Her daughter’s splendid new yacht, Four Winds, was moored some 500 metres offshore in full view from the front windows of her house on Marieville Esplanade. By early next morning, Four Winds would be taking on water and her daughter’s partner was missing from the yacht.
Derek Bromley was convicted of murder in 1984, wrongfully, in the opinion of several legal experts; now, his latest appeal (June 2018) flounders when South Australia’s appeal court “fundamentally failed to pay due regard to the rule of law and to the well-established principles governing criminal appeals,” according to legal academics Dr Bob Moles and Bibi Sangha. “The principles espoused in the Bromley decision are not only contrary to established authority but have never before appeared in any legal judgment in Australia, Britain or Canada.”
Moles and Sangha have issued the following briefing note on this latest legal catastrophe in Adelaide, which amounts to a second wrongful conviction of Derek Bromley, already in prison for 35 years.
Andrew L. Urban
It is disturbing when a crime reporter gets crime reporting wrong, as did Rochelle Jackson on ABC Radio’s Nightlife with Suzanna Hill on June 28, 2018, talking about one of the most important and controversial legal cases currently before the courts: the Sue Neil-Fraser case.
In flagrant disregard of the facts, Jackson misled listeners on a number of issues.
By Andrew L. Urban
On a sunny winter Saturday afternoon in Sydney, I started watching The Staircase, thinking I’d spend a couple of hours on it. It was Sunday afternoon, before I finished my binge, only breaking for dinner and sleep. The Staircase is some 13 hours of riveting and disturbing viewing, a slow motion disaster movie in which a man is crushed by the state, the prosecution determined to secure a murder conviction – by fair means or foul.
By Andrew L. Urban, Jennie Herrera, Lynn Giddings
When the Supreme Court in Hobart convenes for the final, crucial session on August 20, 2018, to hear Sue Neill-Fraser seeking leave to appeal against her murder conviction, members of the official Sue Neill-Fraser Support Group Inc. will be there for her, as they have been since even before her controversial murder conviction in October 2010. Who are they? What drives them? How did they coalesce into the determined and persistent citizen army they have remained? What have they achieved?
For those unfamiliar with the Neill-Fraser case, our March 2015 report provides a full background briefing. It is one of several media reports over the years (of them a great many published here on Wrongful Convictions Report), but the extensive, highly visible role of the Sue Neill-Fraser Support Group has never been properly reflected in those reports. In this double-decker feature, Continue reading
There are very substantial doubts about this case … the evidence is so weak …. it is hard to see how any conviction could stand … Tasmania’s legal system risks being a laughing stock, if it wasn’t such a tragedy. The words of Chester Porter QC on the Sue Neill-Fraser case.
Chester Porter QC and Stuart Tipple – both key players in the notorious Lindy Chamberlain miscarriage of justice – were part of the panel discussion* at the only Sydney screening (Chauvel, November 5, 2013), of Shadow of Doubt, Eve Ash’s award winning documentary about the flawed investigation that led to Sue Neill-Fraser’s conviction for the murder of her partner, Bob Chappell. Continue reading