The Wrongful Conviction of Ryan Ferguson in the US - Sues Police and State for $100 million

Posted by Barbara Etter APM on 19 May 2015 | 0 Comments

Just had the privilege of a sneak preview of the wrongful conviction documentary Dream/Killer about Ryan Ferguson coming out of the US. Brillliant! (Ryan was actually born in Australia).

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Reported tension between Lawyers and the DPP in SA re Prosecutions

Posted by Barbara Etter APM on 13 May 2015 | 1 Comments

An article in the Adelaide Advertiser of 11 May 2015 entitled "SA lawyers say DPP must be held accountable for its decisions, not pursue cases doomed to failure" states that defence counsel and the Law Society say that decisions made by the DPP and his staff should be subject to external review.  See http://www.adelaidenow.com.au/news/south-australia/sa-lawyers-say-dpp-must-be-held-accountable-for-its-decisions-not-pursue-cases-doomed-to-failure/story-fni6uo1m-1227351081888

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Lucille Butterworth - Tasmania's Oldest and Most Baffling Murder? - Inquest Proper to Begin 31 August 2015

Posted by Barbara Etter APM on 11 May 2015 | 0 Comments

This morning I attended a Case Management conference concerning the Inquest to be held by Coroner Simon Cooper into the 1969 death/disappearance of Lucille Butterworth from a Hobart bus stop. See The Mercury report here: http://www.themercury.com.au/news/scales-of-justice/inquest-into-suspected-death-of-lucille-butterworth/story-fnj8cre7-1227350263128 and the ABC report here: http://www.abc.net.au/news/2015-05-11/four-people-of-interest-in-lucille-butterworth-disappearance/6459474

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Picking a New Judge in a Tight Community - The Eastman Case in the ACT - The Principle of Objective Appearance of Complete Freedom from Influence or Bias

Posted by Barbara Etter on 11 May 2015 | 1 Comments

Thank you to Dr Kris Klugman OAM, President, Civil Liberties Australia, from directing this important article to me.

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Submission to the Department of Justice and the Tasmanian A-G on Further Right to Appeal Laws in Tasmania

Posted by Barbara Etter APM on 8 May 2015 | 0 Comments

Attached is the detailed submission that was forwarded to the Department of Justice and the Tasmanian Attorney-General in my role as the lawyer acting for Sue Neill-Fraser (which is released with my client's consent). (The attachment (from the Law Council of Australia) can be downloaded from the link reference in the submission).

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Why do People More Readily Think That Women Lie?

Posted by Barbara Etter APM on 7 May 2015 | 0 Comments

A very interesting article from the Huffington Post about why people more readily think that women lie.  See http://www.huffingtonpost.com/soraya-chemaly/people-think-women-lie-because-thats-what-we-teach-children_b_5805532.html

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Charter of Rights for Victims of Crime in Tasmania

Posted by Barbara Etter APM on 6 May 2015 | 2 Comments

Good to see that Tasmania has a Charter of Rights for Victims of Crime. See http://www.justice.tas.gov.au/victims/charter_of_rights_for_victims_of_crime.

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Henry Keogh Murder Retrial Set for March 2016

Posted by Barbara Etter APM on 5 May 2015 | 1 Comments

ABC News reported on Friday 1 May 2015 that the retrial of Adelaide man, Henry Keogh, will take place in March 2016. Keogh, 59, had his murder conviction quashed last December when the Court of Criminal Appeal in SA found the trial was fundamentally flawed and there were various issues with the forensic pathology/medical evidence presented to the trial jury. See http://www.abc.net.au/news/2015-05-01/henry-keogh-body-in-bath-murder-retrial-date-set-for-next-year/6437290

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Further Right to Appeal Legislation in Tasmania - Why No Power for the A-G to Refer Directly Back to the Courts? Time for Inquisitorial Powers? The Dangers of "Fresh and Compelling"

Posted by Barbara Etter APM on 26 April 2015 | 3 Comments

I am currently drafting submissions on the further right to appeal legislation here in Tasmania. Comments are due back to the Department of Justice by 30 April 2015. See http://www.justice.tas.gov.au/community_consultation/draft_bill_to_amend_the_criminal_code_act_1924. I would encourage all Tasmanians and those interested in improving our system of criminal justice to consider making a submission on this very important initiative.

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Fix the Flaws in Forensic Science - Startling Findings from the US re Expert Hair Evidence

Posted by Barbara Etter APM on 22 April 2015 | 1 Comments

An article in The New York Times from 21 April 2015 by Eric Lander advises that the FBI has recently announced that testimony by its forensic scientists about hair identification was scientifically indefensible in nearly every one of more than 250 cases reviewed. See http://www.nytimes.com/2015/04/21/opinion/fix-the-flaws-in-forensic-science.html?emc=eta1&_r=0. The FBI review found that FBI testimony was "fundamentally flawed" in 257 of the 269 cases examined - a stunning 96% of the total.

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