High Court hands down DNA decision in Fitzgerald

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

On 13 August 2014, the High Court handed down its decision in the case of Fitzgerald, a murder conviction involving DNA issues. See http://www.abc.net.au/news/2014-08-13/high-court-rules-didgeridoo-dna-insufficient-murder-evidence/5668010. Reference should be made to my previous blog on 10 July 2014.

The court considered the issues of DNA primary and secondary transfer.

The Court essentially found that there was an alternative hypothesis consistent with Fitzgerald's innocence that had not been successfully excluded by the Prosecution. Fitzgerald's conviction was quashed and he was released from gaol.

See the High Court's reasons for decision here http://www.austlii.edu.au/au/cases/cth/HCA/2014/28.html



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