Viewing entries posted in April 2015
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"
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.
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.
Final Submission from Dr Bob Moles and Ms Bibi Sangha on the Draft Further Right to Appeal Legislation in Tasmania
The final submission from Dr Bob Moles of Networked Knowlege and Ms Bibi Sangha of Flinders University can be found here: http://netk.net.au/Tasmania/Tasmania13.pdf. Both have researched this and related issues,have co-authored relevant books/texts and have also published extensively in highly regarded legal journals. Dr Moles and Ms Sangha are not only able to speak from a valuable national and international perspective, they are based in SA and have followed the highly relevant Henry Keogh murder conviction case very closely over many years. They also gave evidence to the SA Legislative Review Committee which made the recommendations leading to the introduction of the further right to appeal provision in that jurisdiction.
UK Commentary on Cultural Change required in Court of Appeal - the "Appalling Vista" of Miscarriage of Justice Cases
An excellent, thought-provoking article by Mark George QC in the United Kingdom in The Justice Gap from 19 April 2015. George talks about the appeal system and miscarriages of justice in the UK and argues that, after recent publicity, it is not the approach of the Criminal Cases Review Commission that needs to change but the culture of the UK Court of Appeal.
Despite drawing this apparent deficiency to the attention of Tasmania Police and relevant others, there is still no publicly available copy of the Tasmanian Police Manual (TPM) despite the Commissioner of Police being required to publish such a manual pursuant to section 93 of the Police Service Act 2003. For those seeking a copy of the Manual as it was in period 2010-2012, it was fortunately released under RTI to an individual and subsequently published on Tasmanian Times in November 2014. A copy can be found here http://tasmaniantimes.com/downloads/Tasmania_Police_Manual-RTIInternetVersion-dated_11November2010.pdf
Invitation to be a Keynote Speaker at the 9th Australasian Council of Women and Policing Conference in Sydney in September
Delighted to be invited to be a keynote speaker at the next Australasian Council of Women and Policing (ACWAP) conference in Sydney in September 2015. See http://www.acwap.com.au/conferences/call-for-papers-9th-acwap-conference/. The conference will also celebrate 100 years of women in policing in NSW. I proudly started my 30 year policing career in the NSW Police in Class 177 of October 1981 at the Redfern Academy.
Thank you to Dr Bob Moles of Networked Knowledge for highlighting this important development in Victoria.
Good news that an Inquest will soon commence into the mysterious disappearance/death of Lucille Butterworth from a Hobart bus stop in 1969. See http://www.themercury.com.au/news/scales-of-justice/inquest-into-unsolved-disappearance-of-hobart-woman-lucille-butterworth-to-begin-in-may/story-fnj8cre7-1227304547850. Former ABC investigative journalist Paul Tapp, along with others, has been attempting to discover the truth in this matter for many years now. There are numerous postings, including video footage, on the Tasmanian Times website.
The Australian reports today at page 4 that the High Court will hand down its decision in relation to Deputy DPP Margaret Cuneen and the powers of the ICAC to investigate her particular matter on Wednesday 15 April 2015. The decision may impact on other long-running ICAC investigations, including one into "illegal donations by Liberal Party MPs".
Today's Australian reports at page 3 that Victorian Coroner, the Hon. Ian Gray, will hold a brief inquest this Thursday into the death overseas of Australian backpacker Britt Lapthorne. Britt was last seen alive in a Dubrovnik nightclub in September 2008. Her body was found by fishermen off the coast three weeks later, badly decomposed. Australian pathologists completed an autopsy at the family's request but could not determine a cause of death.