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RULE COMEBACK

RULE COMEBACK

A judge’s ruling will go some way to restoring the rule of law to SA, where it has long been missing in actions.

Judge Liesl Chapman has ruled in August 2020 that the Director of Public Prosecutions can not use secret surveillance and other special, anti-rule-of-law provisions in an ICAC Act to continue investigating people he has charged under normal provisions of the law.

The Chapman ruling puts about a dozen ICAC cases firmly on hold, until a way is found out of the legal impasse.

For far too long – some four decades, critics say – following the legal rules in SA played second fiddle to securing convictions using ropey forensic examinations, analyses and reports by a state “scientist” not qualified for the post he was selected to.

Some lawyers believe the outcomes in 300-400 criminal cases should all be reviewed, some involving convictions, some acquittals which include baby-bashing charges.

If the Chapman ruling leads to a thorough re-examination of the way the legal system has operated and is operating now, in South Australia, it would be a very good thing, CLA believes.

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