In Baden-Clay Scratch Marks on His Face - In Sue Neill-Fraser a 1-2 cm cut on her Thumb?

Posted by Barbara Etter APM on 16 July 2014 | 2 Comments

Why was the Sue Neill-Fraser 1-2 cm cut on her thumb said to be made by a knife not treated like the scratch marks on Baden-Clay's face?

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Disclosure Post-Conviction - Kevin Nunn Case - Supreme Court Application Dismissed June 2014

Posted by Barbara Etter APM on 15 July 2014 | 0 Comments

On 7 May 2014 I did a blog on the Kevin Nunn case in the UK and the fact that an upcoming appeal was highly relevant to miscarriage of justice cases. The case involved post trial disclosure. The issue at stake involved access to case materials using techniques that were not available at the time of the trial.

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Sue Neill-Fraser doco Shadow of Doubt to replay on Foxtel on 3 August 2014 for Missing Persons Week?

Posted by Barbara Etter APM on 14 July 2014 | 0 Comments

The AFI/AACTA nominated and international award-winning Eve Ash documentary, Shadow of Doubt, about the Sue Neill-Fraser case here in Tasmania, is scheduled to run again at 9.30 pm on Sunday 3 August 2014 for Missing Persons Week. Despite Sue's conviction for Bob's apparent murder, Bob Chappell is interestingly still listed on the Australian Missing Persons Register. See http://www.australianmissingpersonsregister.com/TasMale.htm

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The Duties of a Prosecutor

Posted by Barbara Etter APM on 14 July 2014 | 1 Comments

I discovered an article in the UK Criminal Law Review entitled "The Duties of a Prosecutor" by Robert S Shiels, a solicitor from Scotland. The article appeared under the "Current Topics" section [2012] Crim L.R. Issue 9 pp. 687-691.

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Quote of the Day

Posted by Barbara Etter APM on 14 July 2014 | 0 Comments

Found this one on the bottom of the email signature block of a colleague for whom I have great respect:

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My Speech at the Candlelight Vigil for Bob Chappell and Sue Neill-Fraser on Friday 13 June 2014 on the Lawns of Parliament House, Tasmania, Australia

Posted by Barbara Etter APM on 12 July 2014 | 0 Comments

I thought it would be useful to share my short speech from the recent candlelight vigil on the lawns of Tasmania's Parliament House on Friday 13 June 2014. I chose not to use my prepared speech but to speak from the heart. Hence, everything in the speech may not have been actually voiced on the evening concerned. Indeed, I said more on the night.

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Another DNA Nightmare on our Doorstep - the Case of Patrick Waring in WA

Posted by Barbara Etter APM on 12 July 2014 | 0 Comments

I discovered this case when I was reading Chris Halkides informative blogspot called the View-From-Wilmington. See http://viewfromwilmington.blogspot.com.au/.  I was an Assistant Commissioner of Police at the time in WA but this case had, somewhat surprisingly, slipped my memory.  Having now reread this excellent article in Perth Now on the case, by highly respected journalist and miscarriage of justice fighter, Estelle Blackburn, I am again reminded of the possible dangers of DNA evidence, particularly when accompanied by a lying victim/informant and a deficient police investigation. See http://www.perthnow.com.au/news/innocent-boys-jail-nightmare/story-e6frg12c-1111113259916?nk=ef5ca1353df5b6609a34bc8f9396082c

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DNA Transfer and Legal Issues - the High Court decision in Fitzgerald v The Queen [2014] HCATrans 127 (19 June 2014)

Posted by Barbara Etter APM on 10 July 2014 | 0 Comments

A very interesting case involving the consideration of possible DNA transfer issues was recently considered by the Full Court (5 judges - Hayne J, Crennan J, Kiefel J, Bell J, and Gageler J) of the High Court of Australia. See Fitzgerald v The Queen [2014] HCATrans 127 (19 June 2014). The HIgh Court allowed an appeal against the decision of the Full Court of the Supreme Court of SA (SASCFC) and acquitted the appellant, Fitzgerald, of murder. Fitzgerald was convicted of murder and causing serious injury as part of a group of six people involved in a home invasion. He had been sentenced to life imprisonment with a 20 year non-parole period. He denied any involvement and argued that the DNA linking him to the offence, which was located on a didgeridoo (the major profile of a mixed profile) along with, but separate to, some small bloodstains from both victims, was transferred to his co-accused during two handshakes earlier that evening. The Crown argued that the didgeridoo may have been used as a weapon. The SASCFC agreed that it was open to the jury to conclude beyond reasonable doubt that the DNA was directly deposited by Fitzgerald, and unanimously dismissed the appeal. The High Court went on to allow the appeal, quashed the conviction and entered an acquittal. The Court is to publish its reasons for judgement at a later date.

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Major Report from the NSW Law Reform Commission on Criminal Appeals

Posted by Barbara Etter APM on 8 July 2014 | 1 Comments

The NSW Law Reform Commission (NSWLRC) has recently released a major report on criminal appeals (See http://www.lawreform.lawlink.nsw.gov.au/agdbasev7wr/_assets/lrc/m731654l10/report_140.pdf). It is dated March 2014 but I am advised that it was tabled n the NSW Parliament on 18 June 2014.

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