Australia Day: CLA asks AG for national forensic science regulator-authority

CLA, in one of its traditional Australia Day letters, has called in 2023 on Attorney-General Mark Dreyfus to secure agreement of all other AGs for a major review of forensic science in Australia, and for a national Forensic Science Regulator/Authority. The December 2022 findings of the Sofronoff inquiry in Queensland dramatically highlighted the extent of the problems, which have caused wrongful convictions in cases like Fara Jama in Victoria, Mallard in WA, Keogh in SA and Eastman in the ACT, among many others.

Freeing up the law

A defendant will be represented in court by an artificial intelligence in February 2023 for the first time ever. The DoNotPay smartphone app will tell a defendant what to say during a court case challenging a speeding ticket. The apps’ developers have not disclosed the exact date or location of the case in the USA, New Scientist reports. Should the robot lawyer lose the case, the company has promised to cover the cost of the fine for the defendant. DoNotPay is billed on its website as the “world’s first robot lawyer”. Joshua Browder, founder and CEO, said: “The goal of this company is to make the $200 billion legal profession free for consumers.” https://tinyurl.com/4n5peyaz or https://tinyurl.com/5x8mewp4

DPP and police Failure To Disclose (FTD) warps justice

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.

Explosive letter & speech reopens SNF inquiry call

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.

Tas Police: secret, illegal keepers of the dark arts

Recent revelations of secret recordings of lawyers and their clients at Risdon Prison by Tasmanian Police over two months raised major alarm bells. The Commonwealth Ombudsman has been consistently calling out TasPol for its recording devices and surveillance warrant failures for years. TasPol's “compliance culture” is lacking, the Ombudsman says. In other words, TasPol does not obey the law. SPECIAL ANALYSIS reveals how extensive the TasPol problem is: nothing less than a full inquiry into TasPol will get to the root causes of its problems.

Warrants: how Tas compares; why reform needed

Police can self-authorise some warrants, or get a magistrate or judge to issue others. But whatever method is mandated, warrants are frequently incorrectly issued in Australia on false, dodgy or incomplete information containing wrong details and not meeting legal requirements, or by unauthorised people. The Commonwealth monitors warrant processes, and its Ombudsman has singled out one state in particular, Tasmania, for compliance and culture criticism over the past few years