Police investigating police misconduct – and producing no case to answer, or a whitewash – is common throughout Australis. Paul Gregoire tells of some recent cases, and CLA provides some better ways of handling complaints against police generally.
Today’s the day! Risdon prisoner Sue Neill-Fraser’s long-awaited, long-thwarted, and long-delayed appeal is due to start on 1 March 2021, this CLArion issue’s cover date. The tortuous, uphill climb to today began on 2 August 2013 when CLA President Dr Kristine Klugman and CEO Bill Rowlings briefed then-Shadow Liberal AG Vanessa Goodwin on the need for Tasmania to ‘mirror’ the then-new law in South Australia allowing a second appeal. On 2 November 2015, the now-deceased Goodwin was true to her word: the second ‘Right to Appeal’ became Tasmanian law too. Since that date – 5 1/2 years ago – SNF has been striving for an appeal court to overturn what CLA believes is her wrongful conviction for murdering husband, Bob Chappell, on their yacht moored in Sandy Bay on the night of 26 January 2009.
Other articles in this issue include:
- Cover-up: government agencies go-to process for avoiding the AFP
- Police and security agencies break the law, repeatedly
- Capital Territory hastens humane approach to children
- IPA extends its reach through top parliamentary positions
- Dole-bludging to go on people’s secret intelligence record?
- Australia’s threat level: PROBABLE…but what does it all mean?
- World is facing ‘pandemic of human rights abuses’, UN boss warns
Sudden, dramatic apologies by the Tasmanian Premier and Police Commissioner over investigative and management failures by Tasmanian Police since 2009 have added a possible late-breaking, new dimension to the appeal by Sue Neill-Fraser against her murder conviction, which begins in Hobart on Monday 1 March 2021. The apologies bring back to public notice a 60-page critique of alleged police failures in the SNF investigation: it was submitted to a coroner’s court in 2014, but its contents have never seen the light of day. The appeal court could be better informed if it demands to examine the dossier.
All Australian jurisdictions have agreed, after years of research and national discussions, to raise the Age of Criminal Responsibility for children from 10, but have failed to act together on an agreement reached in 2020. The ACT has decided the issue is so important that it will go it alone by the end of 2021, showing a lead to the other states and the NT, and will raise the age from 10 to 14.
The Institue of Public Affairs – Australia’s prime agency of the right – has an income of about $7m a year. including $4m in donations from the big end of town. It spent in 2020 just under $7m in pushing it point of view. And did so successfully, as former employees of the IPA now dot the federal parliamentary landscape, taking up influential positions.
Despite having a delay of 18 months for judicial/legal and Covid reasons during which to prepare, Tasmania’s Court of Criminal Appeal refuses to live-stream the Sue Neill-Fraser case starting 1 March 2021, Although there is intense interest Australia-wide, only 18 people can sit in the public gallery, 17 can watch CCTV coverage from the next door courtroom, and eight media are to be corralled in another separate CCTV room. The court claims a reason for no live-streaming is that it might order a retrial, a final decision that is actually beyond the power of the court to make. Neill-Fraser is appealing a murder conviction from 2009, which CLA believes was a miscarriage of justice.
LATE NEWS: Robert Richter QC of Melbourne has replaced Tom Percy QC of Perth as SNF’s barrister, due to Covid-19.
Just as chief judge Alan Blow makes a public PR bid for retaining his ’talented’ judges unchanged for a total of 20 years-plus – 6 men and 1 women, it should be noted – one of them (and not the woman) gets caught on camera late at night in the Grand Poobah nightcoub in an “intimate kiss” with a junior employee who reports to him. No wonder CLA and the Tasmanian Women Lawyers are calling for a judicial commission in Tasmania, urgently.
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