“We want Tim Ellis fired” – Tasmania’s anger at DPP

By Andrew L. Urban

It took just one hour for the first 600 people to register a ‘Like’ on the newly launched facebook page titled ‘We want Tim Ellis fired’ on December 23, 2014, immediately after Ellis was given a suspended 4 month sentence. Ellis was the Tasmanian Director of Public Prosecutions convicted of negligent driving causing the death of 27 year old Natalia Pearn in March 2013.

“He has continued to drag this through the courts making the families [sic] pain so much worse with no remorse what so ever,” read one post (at 9.34pm), a comment which by the afternoon of December 27, 2014 had collected 1,364 ‘likes’, and the page as a whole had collected over 8,800.

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Henry Keogh wins appeal – bad science and 20 years later

Until 4pm in Adelaide on Friday December 19, 2014, Henry Keogh was a convicted murderer, as he had been for almost 20 years, since his 1995 trial for the murder of his 29 year old fiancée Anna-Jane Cheney. They were soon to be married and on March 18, 1994, they had had a pleasant evening out. After dinner, while he went to briefly visit his mother, Anna-Jane relaxed in her bath. When he returned she was dead.  

Keogh tried urgent CPR after calling the ambulance, but Anna-Jane could not be revived. He has always protested his innocence and claimed to have not received a fair trial. On December 19, 2014, the Supreme Court of South Australia (Court of Criminal Appeal) agreed.

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David Szach: a dying man’s legal rights denied

“Bureaucratic madness” is denying a dying man his legal rights to an appeal so he can clear his name of a murder conviction. By Andrew L. Urban.

On December 19, 2014, it’ll be 35 years since the day David Szach received the then mandatory life sentence for the murder of his lover, 44 year old Adelaide criminal lawyer Derrance Stevenson, which he vehemently denies.

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Seek the culprits not convictions

Symposium on Miscarriages of Justice, Flinders University, Adelaide, South Australia, Nov. 7 & 8, 2014. Andrew L. Urban reports.

Pursuing convictions at the expense of catching the actual culprits of serious crimes, grave errors at trial by prosecutors and judges alike, shocking failures of forensic evidence and a failure to learn from historic cases (such as the wrongful Lindy Chamberlain conviction 30 years ago) are some of the issues that brought together Australia’s pre-eminent lawyers and legal academics in the field (and international guest Prof. Kent Roach from the University of Toronto), wanting to improve Australia’s inadequate criminal appeals system and reduce the number of innocents sent to jail for lengthy – unjust – sentences.

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Sue Neill-Fraser – poor start to police investigation

By Andrew L. Urban

It is only with full confidence in our police and the courts that a democracy remains healthy and strong; that’s obvious. In a democracy, neither of these institutions should behave like their counterparts in a police state, where citizens far from being protected by the State, are endangered by it. This is why even a single miscarriage of justice in a serious crime such as murder – with its heavy penalty on the accused – must be avoided at all costs, or urgently corrected if it occurs.

[ The Neill-Fraser case:  In 2010, Sue Neill-Fraser was tried and convicted of the 2009 Australia Day murder of her partner Bob Chappell on board their yacht, Four Winds, anchored in Sandy Bay, Hobart. Chappell’s body has never been found, no murder weapon was produced at her trial, there were no eyewitnesses and there is no forensic evidence linking Neill-Fraser to the murder. ]

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Sue Neill-Fraser – fundamental failure of the rule of law

By Andrew L. Urban

Several serious legal errors were made at the 2010 trial of Sue Neill-Fraser, any one of which warrants the murder conviction being set aside, according to a legal expert in miscarriages of justice, Dr Bob Moles.

“The evidence given to the court by the forensic scientist was totally inadmissible. This error warrants the conviction being set aside.”

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Sue Neill-Fraser – new DNA report contradicts conviction

By Andrew L. Urban

In what acclaimed legal expert Dr Bob Moles describes (60 Minutes, 9 Network, Sunday, August 24, 2014) as the worst miscarriage of justice in 40 years, the 2010 murder conviction of Sue Neill-Fraser has now been fatally and forensically undermined with the latest report from the Victorian Police Forensic Services Department.

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Sue Neill Fraser – ‘Police Chief’ on failures of investigation

By Andrew L. Urban

Tunnel vision by police investigators is one of the leading causes of wrongful convictions, according to a respected former Detective Inspector, when alternative theories to the crime are not considered and potential suspects are eliminated from the investigation. ‘Improper forensic science’ is another.

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Sue Neill Fraser – why should we listen to Dr Bob Moles?

By Andrew L. Urban

Tasmanian MPs have been invited to attend a special Parliamentary briefing (August 19, 2014) by  Adelaide based law expert Dr Bob Moles, canvassing the errors and flaws Dr Moles has identified in relation to the (arguably unsafe) murder conviction of Sue Neill Fraser, who is serving 23 years in Risdon prison for the 2009 murder of her partner Bob Chappell, whose body has never been found.

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Sue Neill Fraser – 5th anniversary, nothing to celebrate

By Andrew L. Urban

August 20, 2014, marks 5 years to the day since the arrest of Hobart grandmother Sue Neill Fraser, for the murder of her partner Bob Chappell. She has been in custody ever since, without pre-trial bail allowed; she is now in Hobart’s Risdon Prison. This is nothing to celebrate, since it is not a case of bringing a murderer to justice, but a catastrophic failure of the Tasmanian legal system to produce a fair trial. A failure that is so blatant and shocking hardly anyone who hears of the case can believe it really happened the way it did.

The way it really happened has been denounced by lawyers as respected and informed about the system as Chester Porter QC, no stranger to miscarriages of justice (refer Lindy Chamberlain Royal Commission). Likewise Dr Bob Moles, an authority – and literally an author – on the subject (refer his pivotal role in South Australia introducing new laws to allow further appeals in serious cases where the verdict is in doubt).

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