TIM ELLIS, SC
For not the first time, Mrs Geraldine Allan uses this forum to misrepresent the facts of legal matters in which she was involved.
Here is the link to the Court of Criminal Appeal decision in the case she refers to
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/tas/TASSC/2003/91.html?query=rape%20and%20launceston
See esp. paragraphs 21 and 22. Contrary to her claims, the “ Police / DPP “ never told Mrs Allan’s relative any relevant camera was not working , but nevertheless the Court proceeded on the contested assumption that the enhanced video footage should have been , but was not , disclosed. Even making that assumption the Court found that there was no miscarriage of justice and the three rapists were properly convicted and lost no chance of acquittal.
Mrs Allan’s claim that it was “ too late “ for her relative to establish “ the truth “ are not only contrary to the unanimous judgments of the Court of Criminal Appeal, but a considerable insult to the victim whose ordeal is set out in paragraphs- 36 –44.
Although it was that deprecation of the evidence of a victim of a deplorable crime which has caused me to respond, I may as well continue as on another thread, concerning her family company litigation, Mrs Allan has written ‘ “the Allans” did try to go back to court but DPP Ellis stepped in to prevent that, and that is a story on its own.“.
There seems to be implied some sinister, covert action on my part. In fact, it was all in open Court. I made a submission, it was accepted, The Allans appealed and my submission was unanimously accepted by the Full Court. Here is the link to the decision at first instance
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/tas/TASSC/2005/81.html?query=Allan
and to the Appeal
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/tas/TASSC/2006/2.html?query=Allan
T. J. Ellis S.C.
Director of Public Prosecutions,
15 Murray St.,
Hobart,
Tasmania 7001
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