An interesting series of recent events has placed forensic science under an intense spotlight.
Firstly, we had Professor Gary Edmond from the University of NSW Law Faculty speaking at UTAS on 15 May 2014 on what lawyers need to know about forensic “science”. Gary was critical of a number of forensic “sciences” and their lack of validation and demonstrated reliability (including those sciences involving identification and comparisons). He also highlighted the failure of the legal system to pick up on major issues requiring attention within forensic science and the use of experts in court.
Then we had highly respected lawyer, Mr Stuart Tipple, who represented Lindy Chamberlain in her quest for justice over 30 years. Stuart also gave a free public lecture at UTAS on Wednesday 28 May 2014, which like Professor Edmond’s talk was filmed and live-streamed. See here for a link to the video and an overview:
http://www.betterconsult.com.au/blog/stuart-tipple-event-at-utas-last-night-28-may-2014-chamberlain-30-years-on-and-what-lessons-have-been-learned/
Finally, in the last few days, we have seen the outcome of a major Inquiry by Justice Brian Martin in the ACT into the conviction of David Eastman for the 1989 shooting of Assistant Commissioner Colin Winchester of the Australian Federal Police. See …
http://www.betterconsult.com.au/blog/the-david-eastman-inquiry-explained/ for an overview of the case and http://images.canberratimes.com.au/file/2014/05/30/5471497/Eastman_Inquiry_-_Board_of_Inquiry_Redacted_Full_Report_29_May_2014.pdf?rand=1401442823612
… for a copy of the full report.
Martin J has recommended that the conviction be quashed by the courts as there had been a substantial Miscarriage of Justice, with one of the reasons leading to the injustice being the “deeply flawed” forensic evidence presented at Eastman’s trial. See:
http://www.canberratimes.com.au/act-news/david-eastman-inquiry-recommends-murder-conviction-be-quashed-20140530-zrtc1.html
The question that has to be asked is why has it taken 19 years to rectify this situation?And why has the resistance to review the case been so strong, even to the very end?
It is also apparent that there are a number of issues in the Sue Neill-Fraser murder case including inappropriate reliance on presumptive testing (associated with the use of luminol in the Four Winds dinghy), as occurred with the alleged blood spray under the dashboard of the Chamberlain family car.
Forensic science has been a giant step forward for criminal justice. It is acknowledged that significant advances have been made since Chamberlain by way of laboratory accreditation, education and training of personnel and the establishment of a National Institute of Forensic Science.
However, mistakes have been made and continue to be made (for example, consider the cases of Gordon Wood in NSW and Farah Jama in Victoria where both spent considerable time in prison due to, inter alia, flawed forensic science).
It is time that serious attention was given to ensuring the proper use of demonstrably valid science in our courts, with established error rates, presented by true experts.
• Fiona Peate:
A Candlelight Vigil is being held at the Tasmanian Parliament House Lawns on Friday 13th June, 5.00 – 6.00 pm. The vigil is in memory of Bob Chappell and in support of Susan Neill-Fraser, who we believe is a victim of a Miscarriage of Justice, having been found guilty of the murder of Bob based entirely on circumstantial evidence.
Barbara Etter will speak at the event and key individuals are available to be interviewed prior to, and at the event.
You may recall that Bob Chappell disappeared on Australia Day 26 January 2009 from their yacht (Four Winds) which was moored off Battery Point. Sue was subsequently arrested, tried and convicted of his murder. There were no eye witnesses, no weapon, no plausible motive, no forensic evidence linking Sue to the crime scene and no body (Bob’s body has never been found).
The Sue Neill-Fraser Support Group comprising community members concerned about the many flaws in Sue’s case has formed, and continues to lobby for the case to be referred back to the courts in a timely way.
• Fairfax: David Eastman inquiry result spurs call for royal commission into forensic procedures
• Fairfax: SA’s new appeal laws may spread around the country
