Miscarriage of Justice Thread

metic

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"It was alleged Austic attempted to persuade Ms Thorne to have an abortion, sending text messages begging and pleading with her not to have the baby.
On the night of Ms Thorne's death, Austic was said to be so drunk he was refused service at the local Boddington hotel, and after having sex with Ms Thorne, allegedly returned on foot to her home some time later and stabbed her 21 times with a folding knife.
He then allegedly walked home, leaving Ms Thorne to die, before burning his clothes in a wood-fire heater and washing his thongs in an attempt to hide evidence."

https://www.theaustralian.com.au/news/latest-news/corruption-probe-of-police-in-murder-case/story-fn3dxiwe-1226570303466?sv=894fa75c124b612724133d05fe1f0af4
 

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Iworkthecircus

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"It was alleged Austic attempted to persuade Ms Thorne to have an abortion, sending text messages begging and pleading with her not to have the baby.
On the night of Ms Thorne's death, Austic was said to be so drunk he was refused service at the local Boddington hotel, and after having sex with Ms Thorne, allegedly returned on foot to her home some time later and stabbed her 21 times with a folding knife.
He then allegedly walked home, leaving Ms Thorne to die, before burning his clothes in a wood-fire heater and washing his thongs in an attempt to hide evidence."

https://www.theaustralian.com.au/news/latest-news/corruption-probe-of-police-in-murder-case/story-fn3dxiwe-1226570303466?sv=894fa75c124b612724133d05fe1f0af4
Facts don't lie .
 

HairyO

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Gene Gibson

WA Police commissioner Karl O’Callaghan today said he “deeply regretted” the part his officers had played in that miscarriage of justice adding that he was willing to meet with Mr Gibson personally to express his regret.
Meet him with an open cheque book and ensure that the money is taken away from police officer benefits and not an extra penny is requested from the govt.

Willfully screwing up should lead to serious and painful consequences.

Oh, and give something to the victim's family because now it all has to start again.

And ensure they all get all the counselling they need for the rest of their lives.

And sack the bloody cops with cause ensuring they get not a cent as payout.

We give an enormous amount of power to the police with one simple requirement. Do the right thing.
 

metic

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http://www.watoday.com.au/wa-news/cameron-mansell-considering-new-puddy-murder-appeal-in-wake-of-dna-scandal-20170516-gw5qzr.html

"We need to remember there was a jury, that after hearing this large volume of evidence, they spent two full days on either side of the weekend trying to come to a verdict," Mr Saayman told the 7.30 Report.

"There was obviously some discussion going on in there.

"Some people weren't necessarily convinced even with the DNA material. Take out the DNA material, what would have happened?"
 

BlueE

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Quigley not waiting for the law to change.

In a rare legal move, Mr Quigley has exercised his power to refer Austic’s case to the Court of Appeal after receiving a petition from lawyers including former WA governor Malcolm McCusker proclaiming Mr Austic’s innocence.

The new appeal means Austic’s supporters will not have to wait for Mr Quigley’s flagged law reform, which would allow the courts to order another appeal if “fresh and compelling” evidence emerges. It could also mean key witnesses could be called to give evidence.


https://www.perthnow.com.au/news/crime/attorney-general-john-quigley-refers-scott-austics-murder-conviction-to-appeal-court-ng-b88813155z
 

BlueE

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Justice doesn't just miscarry itself.

Should be renamed the "Dodgy Cops" thread.
That's not a wide enough term of reference for many cases where justice is not just miscarried but never eventuates!

I thought WA was bad as it's had it's share of dodgy justice and royal commission into cops whitewash, but now possibly redeeming itself with the Inquiry in Shirley Finn (see book "State Sanctioned Murder of Shirley Finn"), arrest of BRE and looking into at least 16 unsolved murders when looking at the CSK.

But South Australia I think takes the title of the most miscarried or lack of justice in Australia. Family murders with witnesses pointing out many people in high positions but one person gets convicted of one? Beaumont children disappearance and murders never solved, causing the loss of innocence for many Australians. Somerton man etc. for starters.

But what blows my mind is SA has the Mullighan Inquiry (2004) into sexual abuse and deaths of children in care in SA (narrow terms of what constitutes care) and suppresses names of perpetrators for 80 years!! SA Labor Party protects the perpetrators named in the Mullighan Inquiry by introducing suppression orders lasting 80 years. Why do that?

Mullighan had personally interviewed 792 people who were victims, and said he had referred 170 people with information about 434 alleged Pedophiles to police, who arrested two suspects and reported 13 others. Two out of 434, that were deemed serious enough by a judge to refer to police!

Found 377 children had died while in State care, 100 seemingly murdered. 16 of whom there were no records at all and rare to find a cause of death in the others.

SA is the only State to refuse to remove the statute of limitations on victims being able to sue institutions in which they were abused.

For many of the SA cases on this crime thread, there are connections with police being the least of victims worries when you have some people involved in newspapers, lawyers, judges, doctors, friends and relations of premiers!

Information and transparency is needed to learn from mistakes and not hiding them, inhibiting justice system working.
 

metic

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shellyg

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Henry Keogh hoping to move on after compensation payment

BY ISABEL DAYMAN

"The Supreme Court found the original case against Mr Keogh had been tainted by the unreliable and misleading evidence given by South Australia's then-chief forensic pathologist, Dr Colin Manock."

http://mobile.abc.net.au/news/2018-07-02/henry-keogh-hoping-to-move-on-after-compensation-payment/9932560?pfmredir=sm
Wonder how many trials he's given evidence in that resulted in a conviction.

But reminds me of that Joy Kuhl who gave evidence there was feotal blood in the Chamberlains car that turned out to be anti rust or paint, Lindy got life. And Kuhl went on from there to make another totally wrong call that also resulted in a conviction. Can't remember what it was atm but she did.
 

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BlueE

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A man who spent 11 months in prison after being convicted of a sex crime has been freed from prison, had his conviction quashed and will not face another trial, after WA’s highest court ruled his defence counsel ran his case theory so badly that a miscarriage of justice had occurred.

But Mr Jeffery vehemently denied the offence had taken place – even after a jury convicted him of the crime, and he was jailed for three years.

Shortly after the conviction, he launched an appeal – partly on the basis his experienced lawyers had run his case incompetently.

And in a rare ruling from the WA Court of Appeal, three judges agreed with the argument put forward by former WA governor Malcolm McCusker, and ordered a retrial.

Today, the case was formally discontinued by the WA Director of Public Prosecutions, prompting the Court of Appeal to publish their reasons for throwing out the conviction.

And in them, they were critical of Mr Jeffery’s former lawyers — solicitor Nick Scerri, and the trial practitioner, who the appeal court does not name but PerthNow understands is veteran barrister Tony Elliott - the president of the Criminal Lawyers' Association of Western Australia.

https://www.news.com.au/national/western-australia/wa-sex-crime-conviction-overturned-steven-jeffery-freed-from-prison/news-story/8c65883a4e9cf390a3f70311cc8e27e1

Tony Elliot was a lawyer representing Lloyd Rayney in his murder trial.
 

sprockets

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Conviction quashed on an 'incompetency of counsel' appeal in WA. McCusker got involved in this one.

Like Keli Lane, the jury didnt get to hear his side of the story and his defence's case theory was whacked.

https://www.perthnow.com.au/news/court-justice/the-pursuit-of-justice-that-brought-a-nightmare-to-end-ng-b881057102z
"... for a crime the courts now say he did not commit" They aren't saying that at all, although who knows what the 'journalist' has left out of his story.
 

Sorbet Bliss

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Sorbet Bliss Your great visuals on Scott Austic case are on this thread.

Can't take credit for those ones BlueE. They've come from the Sunday night doco covering this case and I believe it was also shellyg that cleared up the confusion/curiosity as to what the "white stick" on the table was as some may recall being a hemastix testing strip for presumptive testing of blood.
I merely provided images of these testing strips after locating them online to back it up.

Thank you however for bringing this to my attention as I have been waiting in anticipation for Austic's appeal to start.

For a while there, I was checking regularly to see if there was any updates or movement with the case but hadn't clocked in for a while.
It's a very interesting one and am looking forward to reading how all of this unfolds.
 

BlueE

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Can't take credit for those ones BlueE. They've come from the Sunday night doco covering this case and I believe it was also shellyg that cleared up the confusion/curiosity as to what the "white stick" on the table was as some may recall being a hemastix testing strip for presumptive testing of blood.
I merely provided images of these testing strips after locating them online to back it up.

Thank you however for bringing this to my attention as I have been waiting in anticipation for Austic's appeal to start.

For a while there, I was checking regularly to see if there was any updates or movement with the case but hadn't clocked in for a while.
It's a very interesting one and am looking forward to reading how all of this unfolds.
Well done to everyone who cleared up those photos then. I remember doing a "Spot the difference" between the two photos on here and there being aver 12 differences in the police photos and the original video.

Head something on news that an expert from Britain testified that the knife found could not have made many of the wounds because some wounds were 13 cm deep and the knife was only 7. Persecution expert says they might have measured the wounds inaccurately.

More to come about inaccuracies in the autopsy.
 

Willow weeps

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Can't take credit for those ones BlueE. They've come from the Sunday night doco covering this case and I believe it was also shellyg that cleared up the confusion/curiosity as to what the "white stick" on the table was as some may recall being a hemastix testing strip for presumptive testing of blood.
I merely provided images of these testing strips after locating them online to back it up.

Thank you however for bringing this to my attention as I have been waiting in anticipation for Austic's appeal to start.

For a while there, I was checking regularly to see if there was any updates or movement with the case but hadn't clocked in for a while.
It's a very interesting one and am looking forward to reading how all of this unfolds.
I've been waiting since I saw that Sunday Night special with his daughters & mother. I posted the news link on Monday (I think) in the Sharon Mason thread as I didn't know of any other pages to post it on without it being about a different case. It was that Winfield Blue packet that really convinced me a while back & how ironic was it that Mr Button was the person to find so many compelling facts that didn't add up. I've often wondered if the victim's cousin might have been the killer as was implied on that show. That's ten years of his two daughter's lives he's already missed
 

Willow weeps

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Well done to everyone who cleared up those photos then. I remember doing a "Spot the difference" between the two photos on here and there being aver 12 differences in the police photos and the original video.

Head something on news that an expert from Britain testified that the knife found could not have made many of the wounds because some wounds were 13 cm deep and the knife was only 7. Persecution expert says they might have measured the wounds inaccurately.

More to come about inaccuracies in the autopsy.
I saw that & if it's true then why did they not redo the measurements when they realised she was supposedly wrong? oh yeah, because they "had their guy" so the victim's body could be buried or cremated so no more tests could be done.
The person who "allegedly" got it wrong needs to go back to uni, admit that they maybe got it wrong but didn't think anything of it seeing the victim was Aboriginal so they don't care, or they admit that they were pressured into making a false coroner's report. I've grown to have very little faith in W.A.'s detectives & forensic investigators
 

Willow weeps

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That's not a wide enough term of reference for many cases where justice is not just miscarried but never eventuates!

I thought WA was bad as it's had it's share of dodgy justice and royal commission into cops whitewash, but now possibly redeeming itself with the Inquiry in Shirley Finn (see book "State Sanctioned Murder of Shirley Finn"), arrest of BRE and looking into at least 16 unsolved murders when looking at the CSK.

But South Australia I think takes the title of the most miscarried or lack of justice in Australia. Family murders with witnesses pointing out many people in high positions but one person gets convicted of one? Beaumont children disappearance and murders never solved, causing the loss of innocence for many Australians. Somerton man etc. for starters.

But what blows my mind is SA has the Mullighan Inquiry (2004) into sexual abuse and deaths of children in care in SA (narrow terms of what constitutes care) and suppresses names of perpetrators for 80 years!! SA Labor Party protects the perpetrators named in the Mullighan Inquiry by introducing suppression orders lasting 80 years. Why do that?

Mullighan had personally interviewed 792 people who were victims, and said he had referred 170 people with information about 434 alleged Pedophiles to police, who arrested two suspects and reported 13 others. Two out of 434, that were deemed serious enough by a judge to refer to police!

Found 377 children had died while in State care, 100 seemingly murdered. 16 of whom there were no records at all and rare to find a cause of death in the others.

SA is the only State to refuse to remove the statute of limitations on victims being able to sue institutions in which they were abused.

For many of the SA cases on this crime thread, there are connections with police being the least of victims worries when you have some people involved in newspapers, lawyers, judges, doctors, friends and relations of premiers!

Information and transparency is needed to learn from mistakes and not hiding them, inhibiting justice system working.
yep, from what I've read & learnt over the past two years, makes me pretty scared of ever visiting Adelaide when I've always wanted to go there
 

BlueE

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I saw that & if it's true then why did they not redo the measurements when they realised she was supposedly wrong? oh yeah, because they "had their guy" so the victim's body could be buried or cremated so no more tests could be done.
The person who "allegedly" got it wrong needs to go back to uni, admit that they maybe got it wrong but didn't think anything of it seeing the victim was Aboriginal so they don't care, or they admit that they were pressured into making a false coroner's report. I've grown to have very little faith in W.A.'s detectives & forensic investigators
Quote from the Worst today:

Ït was the work of pathologist Karin Margolius, who performed Ms Thorne's autopsy, which came under scrutiny yesterday.

Dr Margolius who died in 2010, had doubts about the murder weapon herself when she gave evidence in the original trial. And in countering Dr Shepard's (UK expert) evidence State Prosecutor Amanda Forrester began to suggest Dr Margolius may have miscalculated the depth of the stab wounds.

One of the appeal judges, Justice Walter Sofronoff, said that in itself might give rise to thought of a miscarriage of justice. (my emphasis)
 
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