Tuesday, September 8, 2015

Bulletin: Adrian Drummond: Australia; Significant development: South Australia's new criminal review law - the same law which resulted in a retrial for Henry Keogh - leads to quashing of Drummonds conviction on attempted kidnapping charges; Publisher's note: Bravo' to law reformer Dr. Bob Moles and Prof. Bibi Sangha for their inspirational successful battle to nring an independent criminal review process to South Australia - and their never-ending battle to bring an independent process to other jurisdictions where it is sorely required. HL); The Advertiser;

Countdown to Wrongful Conviction Day:  Friday, October 2,  2105;  24 days. For information: http://www.aidwyc.org/wcd-2015/

PUBLISHER'S NOTE:  This decision is yet another tribute to law reform advocate Dr. Bob Moles, and his associate Prof. Bibi Sangha, for their extraordinary campaign for the establishment of  an independent review process for South Australia - and for their ongoing campaign for similar law reform in other Australian jurisdictions.  Their efforts are also being recognized by law reformers in other countries which lack an independent review process. Bravo! Harold Levy. Publisher; The Charles Smith Blog.

 "A father who used new appeal laws to quash a conviction for allegedly attempting to abduct a teenage schoolgirl has had the charge against him dropped. Adrian Shane Drummond, 42, used the laws requiring “fresh and compelling evidence” — first successfully used by alleged murderer Henry Keogh — to win a retrial over the attempted kidnapping of the girl, 15, on a Prospect street in November 2010. But prosecutors on Monday withdrew charges against Mr Drummond, who had served two years and three months in jail and was on parole when the court set aside his conviction..........Mr Drummond’s lawyers had argued there was no evidence that the attempted kidnapping happened, that the girl had identified another man in a photographic line-up and that he was wearing different clothing to what she had described. An expert had also testified at trial that none of Mr Drummond’s DNA was found on the girl’s clothing, or vice versa, but such a transfer occurred in only about 10 per cent of cases. The “fresh and compelling” evidence ruled worthy of a retrial was a report more recently obtained by that expert that the transfer in such incidents as the alleged kidnapping would actually happen in 90 per cent of cases. In December last year, Keogh, who had served 19 years in jail over the murder of his then-fiancee, Anna-Jane Cheney, used the same legislation to have his conviction set aside. In 1995, Keogh was convicted of Ms Cheney’s 1994 murder and sentenced to a minimum 25 years’ jail after two trials, the first of which ended in a hung jury. He and his supporters continued to protest his innocence, failing in subsequent appeal bids and pleas for clemency to the SA Governor. Keogh’s lawyers have argued prosecution evidence that bruises on Ms Cheney’s ankle were caused just hours before her death and matched the “grip mark” of a human hand had been disproved by a 2004 report prepared for then Solicitor-General — and now Chief Justice — Chris Kourakis. His retrial is listed to begin next March."