Progress on right to appeal legislation welcomed

Shadow Attorney-General Lara Giddings today welcomed the announcement from the Attorney-General, Vanessa Goodwin, that she intends to release a bill for public consultation which would establish a process for the review of criminal cases which have exhausted the legal system.

“I agree with the Attorney-General that it is not appropriate for politicians to be asked to decide on individual cases where the accused feels aggrieved about the outcome of their case,” Ms Giddings said.

“A Criminal Cases Review Commission in the United Kingdom had seen the release of prisoners whose cases were overturned on review.

“Over its 18 years of existence, around 374 serious convictions have been quashed by the Commission.

“Rather than establish an independent Commission, the South Australia Government has allowed for cases to be re-examined by a court of appeal. However, a person can only apply to have their case reheard if there is fresh and compelling evidence that was not available at the time of the trial and if not considered would lead to a miscarriage of justice.

“Such a high threshold for review, however, does not enable potential errors made through the investigation, trial or appeal process to be considered, which could lead to an innocent person being wrongly convicted and jailed with no hope of release.

“Tasmanians need to have confidence in our legal system. Cases like Lindy Chamberlain show that mistakes do happen and wrongful convictions can be found.”
Lara Giddings, MP Labor Shadow Attorney General