Throughout Australia, liberties and rights campaigners are using the Kathleen Folbigg pardon to highlight the need for a criminal cases review commission. Here, eminent civil libertarian and lawyer Terry O’Gorman explains why a CCRC is needed, and how one for Australia as a whole would work.
CLA is delighted modern forensic science has freed Kathleen Folbigg from jail and the the guilt of murdering her babies. Now it is time that up-to-date forensics in 2023 re-examine the Tasmanian case of Sue Neill-Fraser for previously tested and never tested evidence samples. SNF served 13 years in jail, is out on monitored parole for the next 10 years…and continues to maintain her innocence in what CLA believes was a wrongful conviction.
Research by two eminent UNSW academics has proven that Australia has ‘a criminal justice system that is far from just’. In simple words, they outline the problems clearly and precisely, and call on governments and agencies trhoughout Australia to become more accountable for their actions, and inaction.
As part of CLA’s campaign to improve mandatory disclosure by police and prosecutors throughout Australia, we are monitoring what the legal profession is saying. Here’s some comments from Tasmanian barristers, including that local magistrates say Tasmania Police treats courts with contempt. If so, perhaps a magistrate will have the courage to charge Police Commissioner Donna Adams with contempt of court?
Jurisdictions throughout Australia are hell-bent on banning symbols they don’t like, when it is way the symbol or sign is used rather than the image itself that is the problem. CLA made this point in a submission to a parliamentary process in the ACT, pointing out that there are thousands of signs, symbols, gestures, chants that could – and do, at times – give offence when misused.
Increasingly, in criminal trials throughout Australia, the failure to disclose (FTD) critical information to the defence appears to be skewing trials towards wrongful conviction outcomes. The problem is not new – the cases of Mallard, Keogh and Eastman over two decades demonstrate that fact – but what was an occasional blight seems to be becoming a plague of considerable proportions. Here’s the story, plus a special report on the Rules of Disclosure by legal academic Dr Bob Moles.
A former Tasmanian prosecutor, Tony Jacobs, with 30 years experience which includes 30 murder trials, has written an explosive letter – beginning with the famous phrase ‘J’Accuse, quoting Emile Zola in 1898 – to the state’s Law Society claiming that “Mrs (Sue) Neill-Fraser’s conviction for murder should have been overturned because of the mistakes & omissions of a number of Tasmanian Legal Practitioners”. Jacobs’ letter was tabled in the Legislative Council of the Tasmanian Parliament on Tuesday 15 November 2022 by Michael Gaffney MLC. Here’s the tabling speech from a Hansard proof copy, .and you can read the tabled the letter.
CLA’s submission to the National Anti-Corruption Commission parliamentary inquiry placed the NACC in context – along with a much-needed, federal Human Rights Act to follow – as delivering a better, fairer and more equal ethical infrastructure for Australia. When CLA appeared before the NACC inquiry committee, it was unfortunately more intent on parsing clauses from a legal perspective than discussing the best national philosophy for Australia. (Note: the committee asked for submissions to be kept as short as possible).
