Fruit of the Poisonous Tree: Evidence Derived from Illegally or Improperly Obtained Evidence

Posted by Barbara Etter APM on 10 August 2016 | 0 Comments

Just reading Fruit of the Poisonous Tree: Evidence Derived From Illegally or Improperly Obtained Evidence by Dr Kerri Mellifont (Federation Press 2010). The book deals with what is called "derivative" evidence.  Mellifont defines that term to mean evidence derived from primary evidence and primary evidence in turn is defined to mean evidence directly obtained by means of illegal or improper conduct of law enforcement officials.

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David Eastman's Appeal to Prevent Murder Trial to be heard by Victorian Judges in Canberra

Posted by Barbara Etter APM on 9 August 2016 | 0 Comments

An article in The Canberra Times dated 5 August 2016 advises that David Eastman's appeal to prevent a retrial for the shooting murder of AFP Assistant Commissioner Colin Winchester will be heard by 3 Victorian Supreme Court judges in Canberra. See http://www.canberratimes.com.au/act-news/david-eastmans-appeal-to-prevent-colin-winchester-murder-retrial-will-be-in-canberra-20160805-gqlsbq.html

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Australian Academy of Forensic Sciences Event at Melbourne University on Thursday 4 August 2016

Posted by Barbara Etter APM on 5 August 2016 | 1 Comments

Just back from Melbourne where I attended the AGM and dinner meeting of the Victorian chapter of the Australian Academy of Forensic Science (AAFS) at Melbourne University House last night, Thursday 4 August 2016. The guest speaker for the night was Chief Commissioner Graham Ashton of Victoria Police who spoke "off the cuff" about strategic issues in policing and forensic science (although I understand a copy of his formal speech is likely to be made available). I was able to ask a few questions from the floor on positive developments in the governance and resourcing of the National Institute of Forensic Science (NIFS) and the three main challenges facing forensic science in Australia.

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Important Seminar at UTAS on 22 August 2016 on the Law of Evidence Post the High Court Decision in IMM v The Queen

Posted by Barbara Etter APM on 3 August 2016 | 0 Comments

I will be attending an important public seminar hosted by the Law Society of Tasmania, Tasmania Law Reform Institute and UTAS at the Stanley Burbury Lecture Theatre at the Hobart UTAS campus from 4.30 pm on Monday 22 August 2016. The title of the event is "IMM v The Queen [2016] HCA 14. What did the High Court Decide and What Does it Mean?". See https://members.lst.org.au/events/198/

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Program Now Available for the Asia Pacific Coroners Society Conference Perth WA 8-11 November 2016

Posted by Barbara Etter APM on 27 July 2016 | 0 Comments

I am planning to attend the Asia Pacific Coroners Society Conference in Perth in November given my current coronial practice. The full program is now available: http://www.dcconferences.com.au/apcsc2016/pdf/APCSC_2016_-_Program_Overview.pdf. I have attended the last four annual conferences in Sydney, Melbourne, Darwin and Hobart. I have also managed to build a good professional library now on coronial matters.

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An Excellent Guide for Legal Practitioners on Coronial Inquests

Posted by Barbara Etter APM on 22 July 2016 | 1 Comments

Just received my copy of Inquests: A Practitioner's Guide by Leslie Thomas, Adam Straw, Daniel Machover and Danny Friedman QC (Legal Action Group London 2014) from the UK.

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After Serial, Could One of these Cases in the US be Next?

Posted by Barbara Etter APM on 18 July 2016 | 0 Comments

Found an interesting article from The Guardian (8 July 2016) on Twitter which raises the issue of the numbers of alleged wrongful convictions in the US and highlights five of the current cases which might be the next exonerations to occur, particularly following the success of Serial. See https://www.theguardian.com/us-news/2016/jul/07/adnan-syed-retrial-serial-innocence-exonerations

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NSW Police Force Code of Practice for Crime - A Precedent for Other Jurisdictions?

Posted by Barbara Etter APM on 17 July 2016 | 0 Comments

Have just been reading through the NSW Police Force Code of Practice for CRIME (Custody, Rights, Investigation, Management and Evidence) (as at April 2015). See http://www.police.nsw.gov.au/__data/assets/pdf_file/0007/108808/Code_of_Practice_for_Crime.pdf

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Further Right to Appeal Legislation: Frits Van Beelen Refused Leave to Appeal in Decision Handed Down 13 July 2016

Posted by Barbara Etter APM on 14 July 2016 | 0 Comments

Yesterday, 13 July 2016, the South Australian Court of Criminal Appeal (CCA) (the Hon Chief Justice Kourakis, the Hon Justice Vanstone and the Hon Justice Kelly) handed down its decision in the third case to come to the CCA since the commencement of the further right to appeal legislation in May 2013. See http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/sa/SASCFC/2016/71.html?stem=0&synonyms=0&query=van%20beelen (The other two cases have involved Henry Keogh and Adrian Drummond).

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Decision in the SA Further Right to Appeal Case in Frits Van Beelen to be handed down today in Adelaide at 2.15 pm

Posted by Barbara Etter APM on 13 July 2016 | 0 Comments

The third decision regarding the new further right to appeal legislation in SA will be handed down today by the SA Court of Criminal Appeal at 2.15 pm (13 July 2016).

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