Viewing entries posted in March 2014
Spotted this item in the "What's New" section of Dr Bob Moles' Networked Knowledge website. Steven Zeitchik, writing in the LA Times on 7 February 2014, in an article entitled "New Crop of Documentaries Make the Case for Prosecutorial Misconduct" commented that a new crop of injustice documentaries are focusing on "prosecutorial overreach". He states that such films are not just "the blood-boiling exception" but a "prevalent theme". The article reports that there is a trial, an appeals process and then there's a documentary. The article states that by injecting themselves into the legal process, such docos have opened a powerful storytelling vein and shone a light on perceived injustices. The article concludes with the following quote from documentary maker Knappenberger who produced "The Internet's Own Boy" about wunderkind hacker Aaron Schwartz, whom the film suggests was driven to suicide in 2013 by a zealous federal prosecutor in Massachusetts:
An article in The Australian dated 27 March 2014 by Michael Body and Sharri Markson reported that Seven West Media is considering suing the Australian Federal Police for trespass and false imprisonment after its search warrants were quashed. The Federal Court on 26 March 2014 found that search warrants issued to the AFP in February 2014 to seek any commercial agreement between Seven and the family of paroled drug trafficker Schapelle Corby were "materially affected by legal error" and therefore issued illegitimately and of no effect.
Will be attending this forum today at UTAS. As a candidate at the recent State election, the reflections and analysis of the election will be even more interesting. See http://www.events.utas.edu.au/2014/march/a-roundtable-on-the-2014-tasmanian-election-outcomes-and-prospects
The Difficulties in Addressing Suspected Miscarriage of Justice Cases - the Case of Henry Keogh in SA
Last night A Current Affair related the story of Henry Keogh (who has already been in prison for 19 years) and the latest developments in attempting to get the matter back before the courts, under the new further right to appeal laws introduced into SA last year. See http://aca.ninemsn.com.au/article/8820287/keoghs-crusaders-take-up-fight-for-freedom. I am watching this one very closely.
Planning to attend the biennial Australian and New Zealand Forensic Science (ANZFSS) Symposium in Adelaide from 31 August to 4 September 2014. I was a keynote speaker at the last conference in Hobart in September 2012. I am submitting an abstract to further present on the contribution of forensic science to miscarriage of justice cases. See http://www.aomevents.com/ANZFSS2014. The closing dates for abstracts is now 30 March 2014.
Sydney Institute of Criminology Seminar 7 April 2014: Conviction and Imprisonment of Innocent People: The Root of Untruth in the Adversarial System
The Sydney Centre for International Law and the Sydney Institute of Criminology are presenting the above seminar on Monday 7 April 2014 from 6 to 7 pm at the University of Sydney. The lecture will be delivered by Professor Tim Bakken from the US Military Academy at West Point. The presentation will question whether the adversarial system has come to accept a high number of innocent-person convictions by placing a focus on judicial process rather than on the discovery of exonerating facts. See http://sydney.edu.au/law/criminology/seminars_events/upcoming_events.shtml#Conviction. Would love to have attended this one but have a prior commitment. Will see if I can track down relevant work from Bakken on the Internet.
The next conference of the Australian and New Zealand Society of Criminology (ANZSOC) will be held in Sydney from 1-3 October 2014 at the University of Sydney Law School. There is a current call for abstracts and registrations are now open. Hoping to attend this one! The theme of the conference is "Testing the Edge: Challenging Criminology". See http://sydney.edu.au/news/law/457.html?eventid=10300
I refer to my blog of 6 January 2014. I have now finished reading Tom Molomby's Spies Bombs & the Path of Bliss (Potoroo Press 1986). The book is described as a definitive account of one of the most notorious miscarriage of justice cases in Australian history. It is said to be the story of how perjury and prejudice sent three innocent men to gaol for seven years. The case seemingly involved a "pathologically disturbed informer", vital tape recordings and documents not produced at trial, false evidence concealed through unjustified claims of Crown privilege, the apparent planting of evidence and "verbals".
Henry Keogh Case - Referred back to Courts - first case in SA involving the further right to appeal legislation
The Henry Keogh case has this week been referred back to the Full Court of the SA Court of Criminal Appeal for a determination. Keogh was convicted of drowning his fiancee, Anna-Jane Cheney, by drowning her in a bathtub, over two decades ago. This is the first instance of the recent further right to appeal legislative amendment, which is only available in SA, being utilised. The SA Supreme Court heard that bruising on Ms Cheney's leg may have occurred days before, instead of at the time of, her death in the bathtub. It also heard suggestions that she may have in fact died after an anaphylactic reaction. See http://www.abc.net.au/news/2014-03-12/henry-keogh-takes-another-legal-step-toward-murder-conviction-a/5314360.
The NSW Bar Association has recently made a submission to the NSW Law Reform Commission in support of a Criminal Cases Review Commission for NSW similar to what has long been available in the UK. See http://www.lawreform.lawlink.nsw.gov.au/agdbasev7wr/_assets/lrc/m731654l8/ca17_bar%20association%20of%20nsw_submission.pdf.