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Chris | 29-12-09, 4:41 AM | 時事觸角 | (1464 Reads)

1991年布里斯本西郊的Goodna區,有一個12歲女孩給人發現暴屍叢林之中,驗屍報告是遭硬物打死,死前還遭受過非禮。

1992年法庭用「環境證據」,判處女孩的未來姐夫謀殺罪名成立,28歲的 Graham Stuart Stafford被判入獄,到2006年才獲得釋放。

嚐透近15年的鐵窗風味,在獄中經常遭受其他囚犯敵視和毆打,曾經被迫吃屎。看新聞片,雖然他現在只是45歲,現在已經是小老頭的樣子。

(http://www.abc.net.au/news/video/2009/12/24/2780518.htm

http://en.wikipedia.org/wiki/Graham_Stafford)

他堅持自己沒殺人,服刑期間曾兩次上訴,均未得直;2009年聖誕節前,終於在一位私家偵探和律師的多年幫助之下,第三次上訴得直,上訴庭三個法官,以二對一比數推翻原判,判處謀殺罪名不成立。

看到澳洲這件案件,老香港會聯想1974年的 跑馬地「紙盒藏屍」案 :有人在路邊一個大紙盒中發現女學生卞玉英的屍體,乳頭被割去,身體有被煙火灼傷的痕跡。事後警方拘控附近一家雪糕店的小職員歐陽炳強,是香港第一宗用「科學鑒證」成功判決的謀殺案例。

歐陽炳強自始至終力辯無罪,結果還是罪名成立,被判終身監禁。入獄之後幾年,妻子與他離婚,他在獄中行為良好,讀了多張學業文憑,一共坐了28年監,才獲得特赦釋放

每逢發生謀殺案,厭惡這些行為的的社會大眾,因為「義憤填膺」的心理,希望正義得以申張,快快結案儆惡懲奸----我相信起碼有一半人,心中已經覺得警方沒拉錯人,法庭應該判有罪。

像澳洲和香港這兩件案,疑兇真的有罪乎?無罪乎?真的是天知、地知、他自己知,你我未必知了。

(文章允許轉貼,請具作者名字:梁煥松)


[1]

啲數點計都唔啱。
92年入獄,06年出獄 = 14年 ><28>< 45歲

應該是在獄中呆了14年吧?!
28歲 + (06年 - 92年) + 3年 = 45歲


[引用] | 作者 XY | 29-12-09 5:46 AM | [舉報垃圾留言]

XY :

啲數點計都唔啱。
92年入獄,06年出獄 = 14年 ><45 ->

我大意了,把歐陽炳強的28年打進去了。
謝指正。

[引用版主回覆] | 作者 Chris | 29-12-09 6:30 AM

[2]

天下間的寃獄多的是,相信因死刑枉死的也不少,愈是極權的國家,寃獄就愈多。
為免枉死,小弟反對死刑。


[引用] | 作者 Raymond | 29-12-09 6:46 AM | [舉報垃圾留言]


文明社會傾向「寧縱勿枉」。
講到冤獄,最慘是崇禎昏君判袁崇煥凌遲死刑。

[引用版主回覆] | 作者 Chris | 29-12-09 6:59 AM

[3] 寧縱毋枉?

有違西方"寧縱毋枉"法治原則.

對 case of "sue you for breathing"(http://stossel.blogs.foxbusiness.com/2009/12/28/sue-you-for-breathing/)
看法如何?


[引用] | 作者 jd | 29-12-09 7:40 AM | [舉報垃圾留言]


兩單Case不盡相同。
美國律師很多古靈精怪的事都肯幫你告,是否得閒過頭?過得海就是神仙,分紅分到笑。
英式刑事法律精神,要絕對肯定有罪才可判有罪,所謂Innocent until the contrary is proved,建基於「寧縱勿枉」的精神。
有時法院成為律師和主控的角力場,主控功力不夠,輸了就是輸了,被告無罪釋放,但不等於事實上被告真的沒做!

[引用版主回覆] | 作者 Chris | 29-12-09 8:05 AM

[4]

Hello!以下hperlink 有錯,http://www.abc.net.au/news/video/2009/12/24/2780518.htm


[引用] | 作者 Jeff | 29-12-09 9:30 AM | [舉報垃圾留言]


謝,改回來了。

[引用版主回覆] | 作者 Chris | 29-12-09 9:37 AM

[5]

但寧縱勿枉的原則又會增加無辜受害人的數量
結果還是到底希望寃獄多一點還是受害人多一點的問題
要解決的話,不是沒方法但又會出現私隱權的蠢問題

到底人們希望的,或者當必須要他們選擇
一是可能會有多一點寃獄
還是多一點罪案受害者
又或者是四處有鏡頭拍下所有街道,失去在公眾地方的私隱

貓眼主人
[引用] | 作者 貓眼主人 | 29-12-09 10:42 AM | [舉報垃圾留言]


我們澳洲人,不要說強迫留指紋紀錄,連政府想推行「身分證」,多年來都因遭受國民反對而不果呢。

[引用版主回覆] | 作者 Chris | 29-12-09 11:44 AM

[6] Re: Chris
Chris :
我們澳洲人,不要說強迫留指紋紀錄,連政府想推行「身分證」,多年來都因遭受國民反對而不果呢。

下...!?身分證都無架原來...咁搞笑既..?
咁萬一想核實澳洲居民身份應該俾咩D差人查呀..?O_O


[引用] | 作者 純純男子漢 | 29-12-09 1:06 PM | [舉報垃圾留言]


無話好似香港咁隨街截人睇ID ,call番總台問東問西架!
警察部自己當然有刑事紀錄。
你犯交通例,差人就睇下駕駛執照,看名字查到有無停牌之類。
要查本人是否合法居民,就要番去移民局查。
理論上人人都有登記國民保健卡,,但你不登記或不去Update資料,無人理你。
好多澳洲佬未出過國,無護照。
政府部門的資料不一定互通的。

[引用版主回覆] | 作者 Chris | 29-12-09 1:31 PM

[7]

今天上午十時半,大陸殺了一帶毒品入大陸的英國人。英國指他精神有問題請求赦免,大陸理你都儍。剛才聽BBC World Service,英國政府很不高興。是否枉死,不曉得。


[引用] | 作者 Raymond | 29-12-09 1:44 PM | [舉報垃圾留言]


入境問禁,犯了當地法律,有甚麼法子?
在外國,因為黐線、「不能有Fair trial」都可以免受訴,眼光光放了很多人。
大陸佬睬你都傻。
澳洲佬運毒入印尼被捉,去年都有幾條友槍斃了。

[引用版主回覆] | 作者 Chris | 29-12-09 1:56 PM

[8]

對, 真相, 第三者是永遠不會知道的. 其實, 現在相比以前, 更難定一個人罪, 除非是鐡證如山. 有些罪犯, 本身就是因爲有妄想症才犯事, 而之後, 又繼續"妄想" 自己沒有犯事; 這些人, 真是社會的計時炸彈.


[引用] | 作者 嚴明 | 29-12-09 3:28 PM | [舉報垃圾留言]


是啊,香港和澳洲都試過有傻佬走入幼稚園亂斬人!

[引用版主回覆] | 作者 Chris | 29-12-09 3:36 PM

[9]

I hold the opinion that Auyeung is a victim of miscarriage of justice. Some people say he confessed, but that's only a pre-condition of his parole!


[引用] | 作者 Guybrush Threepwood | 29-12-09 8:48 PM | [舉報垃圾留言]


不管怎樣,他的人生最寶貴的一段時間,斷送了。

[引用版主回覆] | 作者 Chris | 29-12-09 8:55 PM

[10]

其實講起歐陽炳強﹐以後來入冊後行為來睇﹐真係唔似殺過人...
如果你話條友只係扮野搏減刑﹐竟然可以扮足28年的話﹐佢又真係太犀利啦(汗)

文少
[引用] | 作者 文少 | 29-12-09 9:39 PM | [舉報垃圾留言]


當年有人作證,他用煙頭灼女學生的校服裙。
外國都聽過有壞蛋入獄後轉死性,勤力讀書考到博士添!

[引用版主回覆] | 作者 Chris | 29-12-09 9:54 PM

[11]

今個星期,劉曉坡判11年,感到十分憤慨,可怒內地竟話公平公開,強詞奪理,殘害忠良,可謂無法無天。


[引用] | 作者 qq | 29-12-09 10:06 PM | [舉報垃圾留言]


我對這個國家早已絕望....

[引用版主回覆] | 作者 Chris | 29-12-09 10:17 PM

[12] Re: Chris
Chris :
我對這個國家早已絕望....

香港九十後的青年,有不少對這個國家十分嚮往。去年傳聖火時,他們在街頭的有利位置搖旗吶喊,十分狂熱,教我想起了大陸文革期間的紅衛兵。小弟對受特區洗腦教育的莘莘學子感到可惜。

幸好,香港的青年中仍有清醒的。

我對大陸政權,自懂事以來就已絕望。不明白七十年代有不少大學生盲目支持這個政權。當年紅彤彤的大學生,不少今天已是特區政府的話事人。[名字心照了。]


[引用] | 作者 Raymond | 29-12-09 10:34 PM | [舉報垃圾留言]


有甚麼的人民,就有甚麼的政府,文革不是老毛一個人可以搞得成的。
在那十年裡,中國人的劣根性都表露無遺了。

[引用版主回覆] | 作者 Chris | 30-12-09 4:57 AM

[13] Edmond Dantes

寃(lai一個字好難寫)獄,大至上分為兩類.

a 被屈-several people conspire to accuse falsely upon a person,or the defect on that country judicical procedure.

b weak presentation on case by the defendant counsel.

第一類通常發生在極權國家,若大家有時間不防睇吓Midnight Express,the Count of Monte Cristo,現實就在數年前香港一導遊帶隊到菲律賓拘捕藏毒,毒品是其中一名團員行理檢獲.i do not know the whole story,but i am sure their would had been a puzzle.

第二類十居其七70%都是人為,poor defence legal team,strong prosecution evidence.被告沒有在案發前對可保護自己的evidence有調理地陳述給自請律師.

法律issue is a very complicate matter,律師(咀)多幫到50%你,餘下就食自己.小心就是上上策!


[引用] | 作者 wiki | 29-12-09 10:42 PM | [舉報垃圾留言]


自己沒做,警方拉錯人,禍從天降,無得小心架!?

[引用版主回覆] | 作者 Chris | 30-12-09 5:04 AM

[14]

看到標題,以為你寫劉曉波.

不錯,奧運傳聖火搖旗的小朋友,令我想起紅衛兵!

Miranda
[引用] | 作者 Miranda | 30-12-09 2:19 AM | [舉報垃圾留言]


現在的中國,罵他也晒氣。
君不見有很多人說:
「現在中國人民的生活都比以前好了,仲搞咁多野做乜?
搞亂晒個社會,影響我地搵食!」

[引用版主回覆] | 作者 Chris | 30-12-09 5:02 AM

[15] Re: Chris
Chris :
現在的中國,罵他也晒氣。君不見有很多人說:「現在中國人民的生活都比以前好了,仲搞咁多野做乜?搞亂晒個社會,影響我地搵食!」

睇場.four hundred twenty six !


[引用] | 作者 wiki | 30-12-09 9:40 AM | [舉報垃圾留言]


「426」,黑社會暗語?

[引用版主回覆] | 作者 Chris | 30-12-09 12:39 PM

[16]

不過為運動會興奮也不等於什麼也支持吧
就這樣說是洗腦,還有點強詞奪理
另外,說真的,大陸及大陸人發生什麼事我想我們最好是不去理會,反而盡可能在不同場合和大陸分割開,以香港本身來說,這是最理想的作法,特別是希望爭取香港本身的民主及獨立性
河水不犯井水,大陸那邊也會放心不去干預香港.再說以香港本身的角度,大陸不要太好香港才有最大的利益

貓眼主人
[引用] | 作者 貓眼主人 | 30-12-09 10:00 AM | [舉報垃圾留言]


香港的「獨立性」,是阿爺恩准的。
正是肉在砧板上,香港沒有多少討價還價的條件,此乃香港人的悲哀。

[引用版主回覆] | 作者 Chris | 30-12-09 12:44 PM

[17] Re: Raymond
Raymond :

香港九十後的青年,有不少對這個國家十分嚮往。去年傳聖火時,他們在街頭的有利位置搖旗吶喊,十分狂熱,教我想起了大陸文革期間的紅衛兵。小弟對受特區洗腦教育的莘莘學子感到可惜。
幸好,香港的青年中仍有清醒的。
我對大陸政權,自懂事以來就已絕望。不明白七十年代有不少大學生盲目支持這個政...


好彩暫時自家無'90年代後才出生的後輩,有的話都不是在香港受教育,所以唔使受洗腦:無論自願或受無形感染。

我有此想法,會否'97前後因甚多大陸人落咗嚟,佢哋嘅子女一就係根本喺大陸出世,二就算係到香港後才生,因父母或某一方都受大陸個套成長,對佢地來講都未見過英式生活同管治架構,所以咪傾向大陸,才有如此搖旗吶喊,耀武揚威嘅情況出現。


[引用] | 作者 賈真 | 30-12-09 10:16 AM | [舉報垃圾留言]


將來的香港是他們的,由他們打骰,我們班老鬼靠邊站吧。

[引用版主回覆] | 作者 Chris | 30-12-09 12:46 PM

[18]

有時候,冤案是很難判斷的。非當事人,無從知曉。唸書時看松本清張的短篇「奇特的被告」,已經感到有時案情複雜難理。


[引用] | 作者 Leo | 30-12-09 11:58 AM | [舉報垃圾留言]


Exactly囉。

[引用版主回覆] | 作者 Chris | 30-12-09 12:47 PM

[19] Re: Chris
Chris :
香港的「獨立性」,是阿爺恩准的。正是肉在砧板上,香港沒有多少討價還價的條件,此乃香港人的悲哀。

絕對同意。即使不問政治,晚晚看無聊電視劇和只看東方日報[東方已淪為八卦左報],政治也不會放過你。


[引用] | 作者 Raymond | 30-12-09 1:31 PM | [舉報垃圾留言]

[20] Re: Chris
Chris :
將來的香港是他們的,由他們打骰,我們班老鬼靠邊站吧。

他們話事時,我們班老鬼也夠鐘投胎了。


[引用] | 作者 Raymond | 30-12-09 1:33 PM | [舉報垃圾留言]


不要那麼「樂觀」!
像陳克勤之流,30歲上下,就做立記議員啦。

[引用版主回覆] | 作者 Chris | 30-12-09 2:16 PM

[21] Re: Chris
Chris :
香港的「獨立性」,是阿爺恩准的。
正是肉在砧板上,香港沒有多少討價還價的條件,此乃香港人的悲哀。

因此才要暫時盡可能令阿爺放心
到之後權力到手,要再收回也麻煩,那時想要發爛也未遲.
只是現在整天在"干涉"大陸內政,還天真地以為可以用爭的方法拿到什麼,白痴也應該明白,這樣的結果就是阿爺更不放心,及加大文宣及殖民

貓眼主人
[引用] | 作者 貓眼主人 | 30-12-09 3:04 PM | [舉報垃圾留言]

[22]

仲有西澳這單冤獄 case, lee單冤獄 case!我在網路上commentslee單冤獄 case極有可能牽涉西澳的上流社會, 司法及
西澳警隊極高層人員, 以及一未破的連還殺手case!
http://www.perthnow.com.au/news/mallard-sues-police-state/comments-0-1111118065711

'Coincidences. Here are a few other strange, weird, and bizarre. I’ve appended Colleen’s and Sarah’s onto mine. Nooo… I didn’t misappropriate their thoughts… it just makes for amalgamated, continuous reading.
1. After leaving a night time recreational venue on her way home alone Corryn Rayney, a lawyer, vanishes into the night; is subsequently murdered and disposed of in urban scrub. Her murder, although very recent, remains unsolved.
2. After leaving a night time recreational venue on her way home alone Ciara Glennon, a lawyer, vanishes into the night; is subsequently murdered and disposed of in rural scrub. Her murder remains unsolved.
3. After leaving a night time recreational venue on her way home alone Jane Rimmer, a child-care worker, vanishes into the night; is subsequently murdered and disposed of in rural scrub. Her murder remains unsolved. Recently murdered lawyer,Corryn Rayney, worked for the WA Supreme Court as a Registrar. She worked alongside a fellow Registrar surnamed Rimmer.
4. Romauld Zak, a physically fit athletic patient at Graylands hospital for only a short time unexpectedly vanished. A week later his body was found in a stand of trees (urban scrub) some distance from John XXIII Avenue, just outside the fence of the maximum security Franklin Centre. His death was determined a suicide. However, in 2006 a Supreme Court Justice made an order quashing that finding. The Court Justice then ordered the State Coroner to reopen the Zak inquest and to reexamine the original findings. Ironically, Romauld was, at one time, a clerk in the same city law firm where soon to be murdered lawyer, Ciara Glennon, also worked. He quit the clerk position to further his studies and support himself house painting. Romauld’s farewell and best wishes card from the firm’s staff was signed by Ciara. I think Romauld’s cause of death still remains unsolved.
5. The abduction and murder of lawyer Corryn Rayney took place on the evening and night of 7/8 August 2007. This particular time frame exactly splits the two day testimony of policeman David Caporn who was sitting in the hot-seat at the Triple C inquiry into possible police corruption involving the wrongful conviction of Andrew Mallard for murder. Caporn, at one stage, headed the Macro Task Force that hunted the serial killer of Ciara Glennon and Jane Rimmer, who’s murders, as stated, remain unsolved.

6. This one everyone spotted. The abduction and murder of lawyer Corryn Rayney resulted in her husband, Lloyd Rayney, also a lawyer, necessarily standing down, for personal grief reasons, from representing policeman John Brandham who is also a high profile participant in the Triple C inquiry into possible police corruption involving the wrongful conviction of Andrew Mallard for murder.
7. And of course, as Colleen mentioned in this tread’s initial post, the lawyer who replaced Lloyd Rayney in the Triple C inquiry proceedings, Mark Trowell, lives just down down the street from the spot where murdered lawyer Corryn Rayney’s crippled automobile, abandoned by her killer, was parked unnoticed for several days.
8. Sarah of Subiaco wrote… Another bizarre conicidence - in the trial of expat New York Art critic Robert Hughes! "

本人懷疑是否西澳甘乃廸皇家肅貪委員會 Kennedy Royal Commission 只查西澳警隊基層警察, 而不查西澳警隊高層的貪腐,政客, 法律界及上流社會的衰野!

希望Chris好好評論!


[引用] | 作者 | 30-12-09 4:31 PM | [舉報垃圾留言]


老兄不提我完全不知道.....

[引用版主回覆] | 作者 Chris | 30-12-09 8:44 PM

[23] Re: Chris
Chris :
不要那麼「樂觀」!像陳克勤之流,30歲上下,就做立記議員啦。

Mr 陳克勤"obsession"披頭四那位lady madonna隻奶奶...sing it, Mr Chan all together 民建聯 1,2,3 "Lady Madonna, baby at your breast
Wonders how you manage to feed the rest 吾怕,有呀公照住,包吾會餓死!
Pa pa pa pa...


[引用] | 作者 談笑嘰 | 30-12-09 11:47 PM | [舉報垃圾留言]


自古英雄出少年,孫中山策動第一次起義時才29歲!
現在的青年,唉。

[引用版主回覆] | 作者 Chris | 31-12-09 5:19 AM

[24]

我很多時覺得, 法律並不是正義, 法庭上判什麼, 也不等於那人就真是有罪或無罪, 你知道, 有時打程序, 令證供不能提堂, 明顯有罪都當庭釋放, 其實好睇你請唔請到個狡詐律師.....

Cherrie
[引用] | 作者 Cherrie | 31-12-09 12:42 PM | [舉報垃圾留言]


法律的目的是維持正義,但是實行起來,往往交不足貨!

[引用版主回覆] | 作者 Chris | 31-12-09 8:23 PM

[25] Re: Chris
Chris :
自古英雄出少年,孫中山策動第一次起義時才29歲!現在的青年,唉。

MR.CHAN TRY MY BEST==BREAST,
best breast 36c for DAB.
Oh my goodness!


[引用] | 作者 談笑嘰 | 31-12-09 1:39 PM | [舉報垃圾留言]

[26]

仲有西澳這單冤獄兼 Cold case

"Perth Mint Swindle
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Perth Mint

The Perth Mint Swindle is the popular name of a 22 June 1982 gold robbery at the Perth Mint in Perth, Western Australia. A total of 49 gold bars weighing 68 kg were stolen. The value of the gold at the time was A$653,000.

Three brothers, Ray, Peter and Brian Mickelberg were sent to court and were sentenced in 1983 to twenty, sixteen and twelve years in jail respectively. The convictions against all three were eventually overturned.

To date the case remains unsolved and continues to be fought by the Mickelbergs who maintain their innocence and allege a conspiracy by the police to frame them.

The Mickelberg brothers

Soon after the robbery police investigations focused on the Mickelberg brothers. According to the police, the brothers stole cheques from a Perth building society and then fooled the mint into accepting those cheques in exchange for gold bullion, which it was alleged, the brothers had a courier pick up. The gold was picked up by a security company who delivered it to an office in Perth and then to Jandakot Airport, from where it seemingly disappeared.

In a separate matter, in September 1982 the three brothers, their parents and another man Brian Pozzi were charged over a swindle relating to a manufactured gold nugget known as the "Yellow Rose of Texas".[1] Perth Businessman Alan Bond had purchased the nugget for $350,000 in November 1980. It was later found to be worth less than $150,000 and Raymond Mickelberg and Brian Pozzi pleaded guilty to charges of conspiracy to fraud at their June 1984 trial.

After serving nine months of his jail term and having his conviction overturned on appeal, Brian was released from jail but died in an light airplane air crash on 27 February 1986 when the twin-engine plane he was flying ran out of fuel on the outskirts of Perth.[2] Whilst in prison, Ray and Peter embarked on a series of seven appeals against their convictions, essentially on the grounds that their confessions had been fabricated. Ray and Peter served eight and six years of their sentences respectively before being released on parole.

In a bizarre twist, in 1989, 55 kg of gold pellets, presumed to have been from the swindle, were found outside the gates of TVW-7 (currently Channel Seven Perth), a Perth television station, with a note addressed to one of the station's reporters, protesting the Mickelberg's innocence and claiming that a prominent Perth businessman was behind the swindle.[citation needed]

In 2002, midway through a State Royal Commission into police corruption, a retired police officer who had been at the centre of the case and who was present at the interviews with the Mickelbergs, Tony Lewandowski, made a confession of his involvement in fabricating evidence which was used to help frame the brothers. He was subsequently charged with attempting to pervert the course of justice, making false statements, fabricating evidence and perjury.[3] In May 2004, just before facing trial, Lewandowski committed suicide.

Lewandowski's senior officer during the investigation and the other person who had been present at the brothers' interviews was Detective Sergeant Don Hancock who later went on to become head of the State Criminal Investigation Bureau (CIB). Hancock was directly implicated in fabricating evidence by Lewandowski's confession.[4] In September 2001 in an apparently unrelated issue, Hancock was murdered after a car bomb planted under his car exploded outside his home in Rivervale, killing him and a friend Lou Lewis.

In July 2004 the Western Australian Court of Criminal Appeal quashed the brothers' convictions after seven unsuccessful attempts. The judge ruled that with the suppression of their sentence, they were entitled to a presumption of innocence. The Assistant Police Commissioner, Mel Hay, expressed disappointment with the decision which prompted a threat of a defamation lawsuit from the brothers. The brothers subsequently sued the Western Australian government for libel, and as part of the settlement, the West Australian police issued a public apology in December 2007. [5]

After lodging claims for compensation, in January 2008 State Attorney-General Jim McGinty offered $500,000 in ex-gratia payments to each brother for the "injustice done to them".[6] The payment followed $658,672 paid to cover legal costs of their two appeals. The Mickelbergs’ lawyer had asked for $950,000 in compensation for Ray and $750,000 for Peter.[7]
[edit] A book about the case

Author Avon Lovell wrote a book about the case, The Mickelberg Stitch (1985) in which he described questionable investigation practices by the Western Australian Police Force and made allegations of unsigned confessions and a forged fingerprint.[8] The police union collected a levy of $1 per week from each member to fund legal action against Lovell and his publishers and distributors to suppress publication of the book. It was estimated that between one and two million dollars was raised.

The book was in fact banned by the State Government, but was still freely available to be read at the J S Battye Library. The ban was eventually lifted.

http://www.abc.net.au/7.30/content/2007/s1974006.htm

Murder appeal highlights WA's overturned convictions

Print

Australian Broadcasting Corporation

Broadcast: 09/07/2007

Reporter: Hamish Fitzsimmons

On Friday, three Western Australian men had their convictions quashed by the court of appeal, which found there was insufficient evidence to sustain a guilty verdict for the murder of Phillip Walsham in 1998. While the successful appeal has understandably angered Phillip Walsham's family, it has also turned up the pressure on the state's office of public prosecutions, which has seen a string of high-profile convictions overturned in recent years.
Transcript
Related Links:

Marinez -v- The State of Western Australia:
http://decisions.justice.wa.gov.au/supreme/supdcsn.nsf/PDFJudgments-WebVw/2007WASCA0143/$FILE/2007WASCA0143.pdf

Related ABC Stories:

Australian Story, Beyond Reasonable Doubt (17/07/2006): http://www.abc.net.au/austory/content/2006/s1686115.htm

Australian Story, Beyond Reasonable Doubt (24/07/2006):
http://www.abc.net.au/austory/content/2006/s1692653.htm

Australian Story, Beyond Reasonable Doubt (31/07/2006):
http://www.abc.net.au/austory/content/2006/s1698813.htm

NB: The links are intended for informational purposes only. The ABC is not responsible for the material and does not endorse the opinions presented on external sites.

ALI MOORE: Now to the climax of one of Western Australia's most controversial murder cases.

On Friday, three men had their convictions quashed by the Court of Appeal, which found there was insufficient evidence to sustain a guilty verdict for the murder of Phillip Walsham in 1998. The case became nationally known after a prominent campaign asserting the innocence of the trio, who were sentenced to life in prison last year.

While the successful appeal has understandably angered Phillip Walsham's family, it's also turned up the pressure on the State's Office of Public Prosecutions, which has seen a string of high profile convictions overturned in recent years.

Hamish Fitzsimmons reports.

HAMISH FITZSIMMONS: Ever since Jose Martinez, Sam Fazzari and Carlos Pereiras were sentenced to life imprisonment for murder last year, their families have been fighting a public campaign for their release.

On Friday, the WA Court of Appeal overturned their conviction for the murder of Phillip Walsham in 1998, concluding that the prosecution case was circumstantial and speculative.

TONY FAZZARI, FATHER OF SAM FAZZARI: It's what we've been expecting for the last nine years, so finally justice has been done.

HAMISH FITZSIMMONS: In February 1998, the three men came across Phillip Walsham near this railway bridge in the Perth suburb of Stirling.

An altercation followed and the three admitted to punching and kicking him in the head before leaving him.

JOSE MARTINEZ, FORMER PRISON INMATE: I know that it was a horrible thing to do, but I know that you don't die from a kick. We left and he was alive.

HAMISH FITZSIMMONS: 15 minutes after the assault, Phillip Walsham was found dead on the road below the bridge.

The three have always maintained their innocence, claiming they were six kilometres away at the time Phillip Walsham's body was discovered, and a hit-and-run driver was responsible.

SAM FAZZARI, FORMER PRISON INMATE: I was frightened that we might be blamed. I was remorseful that I'd kicked someone, that was potentially the same person that was now dead.

HAMISH FITZSIMMONS: After two trials, the three were convicted of Phillip Walsham's murder last year and jailed for life.

Last month, their lawyers appealed, claiming the evidence did not support the jury's verdict.

CHIEF JUSTICE WAYNE MARTIN, JUDGE: Those verdicts will be quashed and substituted with verdicts of acquittal and the court so orders. Obviously arrangements will now be made to secure the immediate release of the appellants.

CHRIS DAWSON, WESTERN AUSTRALIAN DEPUTY POLICE COMMISSIONER: This is not about winning and losing. This is about justice being determined in the proper way.

HAMISH FITZSIMMONS: Friday's decision has reopened emotional wounds for Phillip Walsham's family.

GWEN WALSHAM, MOTHER OF PHILLIP WALSHAM: We thought we had closure last year and we started getting on with our lives, but this has brought it all back again and we're so downhearted. Feel lost.

HAMISH FITZSIMMONS: The Walsham case is just the latest in a string of high profile and embarrassing defeats for WA's office of public prosecutions.

In 2002, deaf mute Daryl Beamish was freed after 16 years of jail for the murder of the heiress of the McRobinson's chocolate fortune, a crime the Court of Appeal found he did not commit.

Two years later, convictions for a multi-billion pound dollar gold swindle at the Perth Mint were overturned after more than 20 years of legal battle. In 2005, Rory Christie's conviction for the murder of his wife was also overturned.

ANDREW MALLARD, FORMER INMATE: Knowing the truth of my innocence has kept me strong.

HAMISH FITZSIMMONS: In the same year, Andrew Mallard's 1995 conviction for the murder of Perth jeweller Pamela Lawrence was quashed by the High Court.

JOHN QUIGLEY, LABOR MP: And it's, you know, a generally held belief that the office of the DPP in Western Australia is the worst in Australia by the length of the Nullarbor Strait. It's just disgraceful.

HAMISH FITZSIMMONS: Labor backbencher John Quigley has had 30 years’ experience as a defence lawyer and campaigned for Andrew Mallard's release. He says the Walsham case highlights deep-seated cultural problems within WA's office of public prosecutions.

JOHN QUIGLEY: You've got this collegiate in-house culture that's more than unhealthy. It's just led to a raft of serious miscarriages of justice.

HAMISH FITZSIMMONS: The acting Director of Public Prosecutions, Ken Bates, was the lead prosecutor on the Andrew Mallard case, which is now the subject of a Corruption and Crime Commission case. He wouldn't comment on John Quigley's criticisms, but defends the DPP's track record.

KEN BATES, WEST AUSTRALIAN ACTING DIRECTOR OF PUBLIC PROSECUTIONS: In my view it's unfair to judge a system on the basis of a couple of high profile cases over some 40 years when one considers the huge volume of cases that are dealt with in the courts on a daily, and a yearly basis.

HAMISH FITZSIMMONS: The man at the centre of one of WA's most infamous cases has been supporting the three men released on Friday.

In 1963, teenager John Button was found guilty of manslaughter, but even after someone else confessed to the crime, he spent five years in jail before his conviction was finally quashed in 2002.

JOHN BUTTON, FORMER PRISON INMATE: Why don't we have the DPP looking into why these cases occur in the first place? For the last 40 years since my case, Beamer's case, Mallard's case... the list goes on and on.

HAMISH FITZSIMMONS: For the three men who spent three years in jail over the Walsham murder, the case is far from over.

CARLOS PEREIRAS, FORMER PRISON INMATE: I believe both the police and the DPP need... should give an apology to us, and basically because they've taken away three years of our lives for no reason.

SAM FAZZARI: We can't ever be compensated for what it's cost emotionally over the years, but yeah, for the financial burden that it's had on our families, yes, we'll seek compensation.

HAMISH FITZSIMMONS: But the Walsham family has no avenues of appeal left, and it's taking little comfort in seeing the wheel of justice turn.

GWEN WALSHAM: I'm disgusted with the justice system, absolutely, and not only myself. We've been inundated with calls from the general public, saying what thugs they were.

ALI MOORE: Hamish Fitzsimmons with that report.
到底西澳這個地方有乜唔妥,自給自足的 官商勾結/警匪勾結,己被視為澳洲冤獄之冠,一未破的Claremont 連還殺手case,疑雲重重及有如007電影的 Perth 黄金庫爆格及一對兄弟的冤獄案, (儘管本人覺得這幾兄弟有份參與Perth 黄金庫爆格, 因為其中一個係 越戰老兵兼是在軍方SAS精英中的精英, 殺敵無數.以他的專業,他一定可以 爆進Perth 黄金庫. 只不過這幾兄弟在事後給人起尾注兼做替死鬼!)

仲有之前本人提及的Andrew Mallard 12年冤獄case, 他被屈殺害珠寶商
Pamela Lawrence, 而真兇之一己被捕兼在2003年在監獄自盡(本人懷疑暮後主腦仍然消搖法外!)當Andrew Mallard
被捕時只是一名道友. (十足60,70年代雷洛探長作風).雖然負責此案的=名西澳
警隊高官全被革職.(=名助理處長, =/三名警司)但他們全不獲起訴.
記住及認住這=人, 就係此=人造成Mallard冤獄 的
Assistant Police Commissioner Mal Shervill
Assistant Commissioner David Caporn.
此=人由1994年的沙展升致2006年的助理處長,12-13年升得快, 是否有買官?

此乃2005的一篇文章有關西澳的種種黑慕
"The West. Big place. Lots of land. Few people. Everyone's related and everything's related, too.
Ever since the Perth Mint case got blown open again, it's been big news over there. Former police officer Anthony Lewandowski has sworn an affidavit that he and murdered CIB boss, Don Hancock, stitched up the three Mickelberg brothers for the crime back in the eighties.
Last weekend, the West Australian editor turned shockjock, Paul Murray, wrote in his column in the Sunday Times that the JP who was on duty at the East Perth lock up on the night that a prisoner died says that he has hard evidence of a police cover-up.
It's all an enticing entre51e to the Royal Commission into the local coppers.
The Court Government tried to clean up the police service through the ill-fated Anti-Corruption Commission but failed. Numerous prosecutions were attempted but they all fell flat. Interestingly, the lawyer for the accused police officers is now a state Labor MP, John Quigley.
The WA Inc Royal Commission cleaned up politics to an extent but the Perth political-business scene is very self-contained. Everyone went to school together, everyone went to uni together, everyone slept with each other at uni, everyone lived in the same suburbs and everyone married each other and their kids will repeat the process.
If you go to any social function it is always the same sort and will feature a few well known surnames Bond, Holmes a Court, Court etcetera. Many of the people who made the eighties boom so spectacularly in the West are still around. They still wield significant influence. And many have skeletons in the closet they don't want to see disturbed.
The Royal Commission into Police Corruption only begins next month, but allegations are already flying back and forth. It has wide terms of reference, too and will be able to take a good look at what went on during the wild 1980s. "

最後,Chris我希望你寫一寫一篇西澳的
冤獄兼黑慕重重的上流社會及警隊高層!唔該!

PS:難怪西澳警隊被Kennedy皇家委員會報告寫為全澳洲最'屎'的警隊!


[引用] | 作者 普邦 | 18-03-10 4:13 PM | [舉報垃圾留言]


西澳的情況我完全不熟呢。

[引用版主回覆] | 作者 Chris | 18-03-10 4:43 PM