PASSAGE OF THE DAY: "Mr Eastman served more time than the high profile case of Perth man Andrew Mallard, who received a $3.25 million payout in 2009 after spending 12 years behind bars for a murder he did not commit. Mr Mallard was cleared in 2006 and received an ex gratia payment of $200,000 upon his release. Alice Lynne "Lindy" Chamberlain received $1.3 million in compensation in 1992 after she had been wrongly convicted of killing her nine-week-old daughter, Azaria, at Uluru in 1980. She spent about three years behind bars before her sentence was overturned. A coronial inquest in 2012 found a dingo had killed the child."
---------------------------------------------------------------
STORY: "Eastman compensation case clear to proceed," by reporter Michael Inman, published by The Canberra Times on November 22, 2018.
GIST: "David Harold Eastman's bid to sue the ACT government for wrongful imprisonment is back on. An
ACT Supreme Court jury on Thursday returned a not guilty verdict on
whether Mr Eastman had murdered Colin Winchester in January, 1989. Lawyers
have speculated Mr Eastman could be eligible for up to $20 million in
compensation if he were to win a payout via the courts. David Eastman has been found not guilty of the 1989 murder of AFP assistant police commissioner Colin Winchester. The ACT government could, however, settle the matter out of court and provide Mr Eastman with an ex gratia payment. Governments can make ex gratia payment to compensate a person without having to admit liability. Mr Eastman served 18 years, 11 months behind bars for the murder after being found guilty at trial in 1995. A
2014 inquiry, however, found the trial had been a miscarriage of
justice and the full bench of the Supreme Court quashed the conviction. Mr Eastman's retrial for the murder began in June and ended with a verdict of not guilty on Thursday. The civil case, launched in 2015, had been stayed pending the outcome of the criminal proceedings. Mr
Eastman filed an ACT Supreme Court lawsuit alleging the territory is
liable to pay him compensation under two sections of the Human Rights
Act. Court papers, filed by Mr Eastman's lawyers, Ken Cush and
Associates, at the time, said the civil claim came as a result of their
client's unlawful detention and wrongful conviction. It alleged
the former Treasury official's imprisonment caused him deprivation of
liberty, lost income, to suffer mental harm, damage to his reputation,
and he had expended legal cost and time in fighting to reverse his
conviction. He has also asked for interest and costs. "[Mr
Eastman's] imprisonment and detention was unlawful by reason that the
deprivation of his liberty was not on grounds or in accordance with
procedures established by law," court documents said. The
government, in its defence, argued Mr Eastman's detention had been
lawful and the Human Rights Act did not give rise to any cause of
action. Mr Eastman served more time than the high profile case of
Perth man Andrew Mallard, who received a $3.25 million payout in 2009
after spending 12 years behind bars for a murder he did not commit. Mr Mallard was cleared in 2006 and received an ex gratia payment of $200,000 upon his release. Alice
Lynne "Lindy" Chamberlain received $1.3 million in compensation in 1992
after she had been wrongly convicted of killing her nine-week-old
daughter, Azaria, at Uluru in 1980. She spent about three years behind bars before her sentence was overturned. A coronial inquest in 2012 found a dingo had killed the child."
The entire story can be read at:
https://www.canberratimes.com.au/national/act/eastman-compensation-case-clear-to-proceed-20181119-p50gxn.html
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
