BOOK REVEW: FORENSIC INVESTIGATIONS AND MISCARRIAGES OF JUSTICE; SANGHA, ROACH, MOLES; REVIEWED BY TF PERCY QC. WOLFF CHAMBERS;

"Bibi Sangha and Dr Robert Moles from Adelaide have joined with Canada’s Professor Ken Roach to produce a masterly text which is certain to quickly become the primary reference point on the topic.

Despite the theoretical tone of its title, the text is entirely practical in its approach to its subject matter. It traverses in detail the problems inherent in police investigations and prosecutions, and in an international context looks at the role forensic science and pathology have to play in both creating miscarriages of justice and solving them. Whilst a learned and scholarly work, the practical aspects of this highly readable book will make it indispensable to anyone undertaking some involvement on a case concerning a possible wrongful conviction, from students and scientists to journalists and appellate counsel."

TF PERCY: WOLFF CHAMBERS;

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"The problem of wrongful convictions has always been a vexed one for lawyers and lay persons alike," the book review by TF Percy of Wolff Chambers, published in December, 2010, begins.

"We all like to think that our justice system is one where the truth will win out at the end of the day, but in recent times there has been mounting evidence to show that there is certainly no guarantee in this regard," the review continues.

"Developments in technology and the increasing willingness of the Executive to refer matters back to the courts on the basis of fresh evidence have seen a number of circumstances when startling miscarriages of justice have been exposed."

Many of them have been in Australian cases which are well known and documented in the public domain; like Chamberlain, Button and Mallard.

Cases where dedicated journalists, scientists, politicians and lawyers work pro bono to see where the system has gone wrong, and how things could be set straight; usually without any assistance from the state.

The experience overseas has been similar, although in the UK And Canada things are proceeding in a much more structured manner.

The UK’s Criminal Cases Review Commission (CCRC) has set aside 250 wrongful convictions since its inception 10 years ago. Sadly in Australia, there is no equivalent of the CCRC, and the potential for politics or public pressure to stand in the way of a worthy case being referred back to the courts is an ongoing difficulty.

The other problem for a wrongfully convicted person is that, unless your case has attracted a sufficient degree of public notoriety, it is unlikely that it will attract the band of dedicated volunteers needed to put in the years of painstaking work necessary to reactivate and hopefully reopen the case.

In this book, the authors conduct an unparalleled analysis of the problem of wrongful convictions, from their genesis in the investigation process to their ultimate manifestation in the courts. This comprehensive and ground-breaking text examines recent (and some historical) miscarriages of justice in the UK, Canada and Australia, as well as looking into the fascinating area of fraud in criminal cases.

Bibi Sangha and Dr Robert Moles from Adelaide have joined with Canada’s Professor Ken Roach to produce a masterly text which is certain to quickly become the primary reference point on the topic.

Despite the theoretical tone of its title, the text is entirely practical in its approach to its subject matter. It traverses in detail the problems inherent in police investigations and prosecutions, and in an international context looks at the role forensic science and pathology have to play in both creating miscarriages of justice and solving them. Whilst a learned and scholarly work, the practical aspects of this highly readable book will make it indispensable to anyone undertaking some involvement on a case concerning a possible wrongful conviction, from students and scientists to journalists and appellate counsel.

What emerges most strongly from an overview of the book is the pressing need for a CCRC in Australia, and the final chapter on “Institutional Responses” conclusively demonstrates that the problem of miscarriages of justice is one for which the state on behalf of the whole community must accept responsibility.

This is a timely reminder that, for too long, the whole question of wrongful convictions has been left to a handful of dedicated individuals fighting the might of the state, unaided in any way; and that the time for change is overdue. A book of this nature is also long overdue. "

Orders can be placed through the following link:

http://www.irwinlaw.com/store/product/657/forensic-investigations-and-miscarriages-of-justice--the-rhetoric-meets-the-reality

PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;