Dr Bob Moles will visit Hobart to brief legislative councillors in support of the right to appeal legislation which will enable potential miscarriages of justice cases to be heard again in Tasmania.
Dr Moles, a pre-eminent authority on miscarriages of justice, helped change the law in South Australia to enable further appeal rights, which resulted in the Henry Keogh Conviction for murder being overturned after 20 years.
The Legislative Council will debate the Criminal Code Amendment (Second or Subsequent Appeal for Fresh and Compelling Evidence) Bill 2015 this Thursday 15th of October.
Tasmania’s current criminal appeal system does not comply with international human rights obligations, says Dr Moles, a view supported by the Australian Human Rights Commission.
Dr Moles became deeply concerned when he learned details of the Susan Neill-Fraser case. He says: “Of the wrongful conviction cases which have occurred over the last 30 years in Australia, Britain and Canada, Tasmania’s Neill-Fraser case is amongst the worst of the worst.”
Once a person has been convicted and had an unsuccessful appeal they have no further legal right to any review of their case, even if compelling evidence emerges to show that they are in fact innocent. In May 2013 the South Australian parliament legislated to create a new right of appeal to fix this problem. If Tasmania’s legislation is passed it will be the second Australian state or territory to make this important change.
Links to media and parliamentary articles, media comment and submissions are available from Dr Moles’ web site: Networked Knowledge at: http://netk.net.au/AppealsHome.asp The Tasmania Homepage has a link to the Tasmania Bill and our submissions on it at http://netk.net.au/TasmaniaHome.asp
Fiona Peate
