Category Archives: Australia/New Zealand

Monday’s Quick Clicks…

Monday’s Quick Clicks…

Another Indigenous Miscarriage of Justice for Australia?

It is a well established fact that indigenous populations across the world are more likely to be ill treated by their justice system. Australia has for decades acknowledged the systemic problems that their Aboriginal people face when coming into contact with the legal system. Abuses, deaths in custody, wrongful convictions, all are more likely to have Indigenous people as victims. Now it seems there is yet another miscarriage of justice to be overturned by the appeal courts.

The brutal beating of a young white man, Josh Warneke on a highway in 2010 led to the arrest of Gene Gibson. From the remote Kiwirrkurra Aboriginal Community, Gibson pleaded guilty to manslaughter, after murder charges were downgraded after the video recordings of his police interrogation were ruled inadmissible when they had been conducted without an interpreter or lawyer present. Indeed the entire police investigation  was the subject of an official inquiry, which led to 11 police officers facing action over their conduct. Gibson was sentenced to 7 and a half years in prison. Gibson’s lawyers are now seeking an appeal after more evidence was uncovered. Read more here….

Justice concerns spark Warneke killer appeal.

Tuesday’s Quick Clicks…

Monday’s Quick Clicks…

Thursday Quick Clicks…

Australia: NSW sued for AU$2.3m after corrupt detective causes wrongful conviction

bb95a26ee14c034862da4d470cde6779Roseanne Beckett, wrongly convicted for conspiracy to kill her husband in 1991, served 10 years of her 12 year sentence. She finally overturned her conviction in 2005. This month, 26 years later, she successfully sued the New South Wales (Australia) government for AU$2.3m for malicious prosecution after proving that it was the corrupt detective, Peter Thomas and his obsession with Beckett, that led to her wrongful conviction. In a lengthy ruling, the judge stated;

“Ms Beckett says that if she had not been prosecuted by Detective Thomas, tried and imprisoned for over ten years, her future might have been “like any other normal woman, mother, or member of a community,..The fact that the State has managed successfully to defend a substantial proportion of Ms Beckett’s claims in these proceedings ought not be permitted to disguise the fact that Detective Thomas’ determination to get square sullied his objectivity. In the ten years of her incarceration, Ms Beckett was denied the basic human right of liberty and she was separated from her family, her friends and her community. She was deprived of her role as a mother. She lost the opportunity to engage in social and romantic relationships. She was denied a valuable working life that may have brought with it not only pecuniary profits but also the intangible benefits of doing well in one’s occupation.The enormity of this loss is made still more staggering by the significant period of time for which that loss was suffered.”

For media coverage see here: Roseanne Beckett awarded $2.3 million for wrongful conviction over soliciting murder of husband

For a comprehensive review of the case with lots of links – see here: Roseanne Beckett: A Miscarriage of Justice

Police Misconduct Responsible for Famous Wrongful Conviction in Australia

andrew-mallard.9432510748baf0c450fe844b84fb6dc8The case of Andrew Mallard (pictured here) will be well known to those in Australia – he was wrongly convicted in 1995 of the murder of two women in Western Australia, spending 12 years in prison before his conviction was overturned. Mallard was eventually awarded AU$3.25 for his 12 years wrongly imprisoned, but the litany of ‘errors’ during the police investigation continue to come to light.

The real perpetrator was never convicted of the murders, he committed suicide in 2006 after being named as prime suspect by the police subsequent to a cold case review. However, during this review, and other subsequent inquiries into the policing handling of the murders, many questions have been raised about the police handling of evidence and exhibits – with many being claimed to be “lost”, now appearing on exhibit lists during a police audit – at the same time the police claimed to have lost the exhibits. Is this incompetence of malfeasance?

The whole investigation, the police handling of the evidence, the wrongful conviction and the ongoing shambles – should leave all Western Australia police and judicial system ashamed. There is a wealth of material to read on the Mallard case, as there have been so many official inquiries into the case. For more on the  media coverage of recent revelations read here:

HOW THE MALLARD CASE UNFOLDED

POLICE MISCONDUCT PUTS INNOCENT MAN BEHIND BARS

MISSING MURDER WEAPON DISCOVERY HAS ‘STENCH OF COVER-UP’

I WAS FRAMED FOR MURDER, SAYS MALLARD

Wednesday’s Quick Clicks…

New Zealand starts new ‘Innocence’ Panel

untitledSince the high profile exoneration of Teina Pora (see here…) and lots of calls for reforms in New Zealand, including a body to look at miscarriages of justice, the newly created New Zealand Public Interest Project (NZPIP) has now started work. A charitable organisation, it plans to look into cases as well as wider concerns about the operation of the NZ criminal justice system. The body already has a queue of high profile cases in which a prisoner is claiming innocence. While good news…. it is not a government backed (or funded) body… which should have been the response to growing concerns about the justice system in New Zealand.  One hopes that if they can bring attention, and overturn, further miscarriages of justice, the government will take the issue seriously and set up a funded body. Read more here….

Many innocent people languishing in NZ jails says legal group fighting miscarriages of justice

Panel to investigate miscarriages of justice

Miscarriage of justice investigation panel launched

Wednesday’s Quick Clicks…

Monday’s Quick Clicks…

Friday’s Quick Clicks…

Exoneration in Australia?: Henry Keogh freed after 20 years.

Australia has seen another high-profile wrongful conviction hit the headlines this week with the release on bail of Henry Keogh after serving 19 years in prison for the apparent murder of his fiancee in 1994. Keogh had always maintained his innocence, claiming a litany of errors during the autopsy, resulting in the bizarre conclusion that he had drowned his fiancee in t5984014-3x2-340x227he bath by lifting her legs over her head. The motive was apparently financial, with his fiancee having several life insurance policies. The case has been back and forth to the South Australian courts and Governors over the years until the South Australian Court of Criminal Appeal finally ordered a retrial on Monday, permitted Keogh to be free until such time the DPP decides to bring another prosecution. Keogh, aged 59, was only permitted a further appeal to the courts after a change in South Australian legislation last year, allowing appeals on ‘new and fresh compelling evidence’. Read more on the news here….

Henry Keogh released on bail after 20 years in jail on Anna-Jane Cheney murder conviction

and a journalist who assisted with the case for years, Bob Mole, has a page dedicated to Henry Keogh’s case here….

Networked Knowledge: The Henry Keogh Homepage

 

 

Weekend Quick Clicks…

Monday’s Quick Clicks…

Police lying: an endemic international problem?

It is starting to feel in the UK like ‘another day, another story of police lies’. In what feels like just a few months we have had media coverage of (to mention just a few) scandals where, for example, police have been caught falsifying reports of an altercation that they ‘witnessed’ when they were not present (see Plebgate scandal...). We have the ongoing revelations over police lies and their coercion of others to lie in the Hillsborough disaster cover-up (see Hillsborough inquiry...). It is suspected that these tactics were honed during the Miner’s Strike when striking miners were ‘fitted up’ (see Miners Strike….). Such tactics clearly have continued for years with many undercover police officers lies leading to convictions  (see undercover policing....) as well as the recent revelation that high profile victim Stephen Lawrence’s family were put under police surveillance during the inquiries into the police failures after Stephen’s murder (to try and discredit the family and their campaign for justice). This all comes on top of the almost run-of-the-mill stories of police ‘collusion’ with one another after fatal police shootings, with the introduction of body-worn cameras to enable the police to be ‘more transparent’ about fatal shootings. In fact, the introduction of police body-worn cameras has been posited as a boon for police as it will cut down on false allegations from the public. However, is it perhaps more likely that police body-worn cameras may serve to make the police more honest? Will they be able to lie with camera footage of the real altercation readily available?

0In Omagh, Northern Ireland, the introduction of CCTV cameras in the town has led to the uncovering of police lies leading to miscarriages of justice – with solicitors claiming that miscarriages may be ‘endemic’: increasingly, CCTC footage is being shown to demonstrate that the police account of events is unreliable – even untrue (see story here…) Of course this has not been a good week either for police south of the border in Ireland, having been found to have been illicitly tape recording phone calls made to police stations (see here…). The other side of the world, in New Zealand, they are calling police lies and false evidence which have led to convictions as ‘failings’ and ‘sloppy police work’ (see here…Police failures led to wrongful conviction).

We have all known for years that there are ‘rotten apples’ and that wrongful convictions have often had police misrepresentations, if not outright corruption and lying, at their heart. However, the question must surely now be asked: is lying among the police an endemic international problem? If so, what can be done about it? These questions are already beginning to be murmured in corners of the UK, I think it is now time to get such questions out in the open. These are challenging times for the police, and if we are not to lose trust in them completely, I believe some hard questions must be asked and answers demanded.

 

Monday’s Quick Clicks…

Wednesday’s Quick Clicks…

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  • The unintended consequences of compensating the exonerated
  • Canada’s system for reviewing alleged wrongful convictions “failing miserably”
  • West Virginia University Law Innocence Project pushes interrogation recording bill
  •  What does a record number of U.S. exonerations in 2013 tell us?
  • ESPN video on the wrongful accusation against Richard Jewel for the 1996 Atlanta Olympics bombing
  • Ex-cop exonerated after 20 years in prison awarded $9 million
  • Mexican lawyers turned filmmakers win civil suit against them brought by family of victim in wrongful conviction case they exposed through the documentary Presumed Guilty
  • Planned changes in UK’s compensation laws for exonerees will make it nearly impossible to obtain compensation after wrongful conviction
  • New Zealand Innocence Project re-ignites debate about the need for a wrongful convictions commission
  • Idaho Innocence Project client Sarah Pearce may soon be released—settlement discussions ongoing

Friday’s Quick Clicks…

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