Andrew L. Urban.
In a cruel blow that is bound to raise legal eyebrows, Derek Bromley’s appeal against his conviction for the 1984 murder of Stephen Docoza has failed in a 3:2 decision by the High Court yesterday, rejecting submissions for Bromley that the Court of Criminal Appeal had erred by the way it had assessed inaccuracies in the evidence of the key witness in the case, Gary Carter. Continue reading
The decision on Derek Bromley’s application seeking leave to appeal to the High Court will be announced on Wednesday, December 13, 2023, seven months after it was put before the court. Continue reading
Andrew L. Urban.
It began on November 22, 2023 and will continue for another fortnight from December 5, 2023: the defamation trial in which the respondents (TEN & Lisa Wilkinson) are trying to prove to the court that Bruce Lehrmann really did rape Brittany Higgins. They claim they did not defame him when publishing rape allegations against a legally innocent man. And justified under qualified privilege because it was a matter in the public interest. The mix of politics, the media and the law – not least the controversy around the ACT’s DPP and the Sofronoff inquiry – makes it a most consequential trial. Continue reading
One of the two most recent “convictions” that have changed our world by triggering violent responses was that Israel had targeted a Gaza hospital as part of its response to the Hamas atrocities of October 7, 2023. The other was the 2021 trial and conviction of Derek Chauvin for the murder of George Floyd. His appeal failed two years ago this week. But the documentary The Fall of Minneapolis presents evidence to support the claim that it was a wrongful conviction. And a tragedy for Minneapolis. Continue reading
Andrew L. Urban
There is a new sheriff in Hobart town: Attorney-General Guy Barnett was appointed (in turbulent circumstances) to succeed Elise Archer in October 2023. But after years of stonewalling on calls for an inquiry into the murder conviction of Sue Neill-Fraser by lawyers, barristers, media and the public,* it’s the same old cover up. Continue reading
Andrew L. Urban
Kathleen Folbigg’s case is finally heading to the Appeals Court where it is expected her convictions for the murder of her children will be quashed, after findings in the latest inquiry, completed earlier this year, digested the scientific evidence. Continue reading
Andrew L. Urban.
The truth, the whole truth and nothing but the truth … that’s the oath taken by witnesses in criminal trials. But not by prosecutors. In our adversarial system, the truth can be an incidental benefit to a conviction. Continue reading
The call by The Bridge of Hope Innocence Initiative (BOHII) to hold off on the development of a Criminal Cases Review Commission “is quite frankly baffling,” comments Dr Bob Moles, “and can, in my opinion, only serve to alienate them from their main client group – those claiming to be wrongly convicted – and the entire academic and professional community working in this area.” Continue reading
Andrew L. Urban.
It was 10 years ago: “This case calls for an inquiry,” said the late and great defence barrister Chester Porter KC, after a public screening (at Sydney’s Chauvel Cinema) of Shadow of Doubt, Eve Ash’s documentary about the Sue Neill-Fraser case. You can watch him here. Accompanied and supported by former Lindy Chamberlain lawyer Stuart Tipple, the great man warned that Tasmania could become a laughing stock, if it wasn’t so serious. And ten years later, Tasmania has resolutely chosen to stay a legal laughing stock.
“His formidable ability to both charm and devour his prey during cross-examination as a top defence barrister earned Chester Porter two epitaphs. One, that he could walk on water, which he adopted in a book title. The other, he was not as fond of, as the ‘smiling funnel-web’,” Wrote Anna Patty (SMH March 17, 2021) on Porter’s death at age 95.
The late Chester Porter KC
Porter was only the first eminent lawyer with whom Tasmania’s Attorney-General Elise Archer disagrees, denying the need for a Commission of Inquiry into the controversial case.
She also disagrees with:
Barbara Etter APM
Dr Bob Moles
Greg Barns SC
Hugh Selby
Jeff Thompson
Lara Giddings
Marcus Einfeld KC
Margaret Cunneen SC
Paul Galbally
Robert Richter KC
Tom Percy KC
… and 37,000 signatories to a petition.
Andrew L. Urban.
Why am I writing about climate change on a blog devoted to wrongful convictions? My justification is that carbon dioxide has been wrongfully convicted of causing global warming, according to climate scientists, and the alarmism is causing many children to be overly anxious. (Not to mention all the other damage…) And I’ve been ‘triggered’ … Continue reading