Sunday, June 5, 2011

DARRYL BEAMISH: AUSTRALIA; $425,000 EX GRATIA PAYMENT TO DEAF-MUTE FOLLOWING 15 YEARS IN PRISON COMES UNDER ATTACK; HOW LOW CAN YOU GO?



"Mr Beamish was jailed in 1961 for the murder of Melbourne heiress Jillian Brewer and spent decades trying to clear his name.

Notorious serial killer Eric Edgar Cooke -- the last man hanged in WA -- confessed to the crime but was originally not believed.

It was not until 2005 and his sixth appeal that the conviction was finally quashed."

AMANDA O'BRIAN; THE AUSTRALIAN;

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PUBLISHER'S NOTE: How low can governments go? $425,000 for 15 years on the wrongful conviction. Mr. Beamish asked for the exceptionally reasonable sum of $500,00 and West Australia gave him $75,000 less than that. Incredibly the State of Texas has shrunk even lower in the case of Anthony Graves. Wrongfully convicted of capital murder in 1994. Released in October after 18 years behind bars - most of the time on death row. Special prosecutor handling retrial cites fabricated evidence and unethical pressure on witnesses by her predecessor when prosecutors asked a state court to drop all charges and court readily agrees. He's entitled to $80,000 for every year of his life taken away by the state. But payment is denied because the court did not use the words "actual innocence." Then the state turns on him for back child support not paid while he was in prison. Shame on West Australia. Shame on Texas. Foe shame!

HAROLD LEVY; PUBLISHER; THE CHARLES SMITH BLOG;

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"A DEAF-MUTE man who spent 15 years in jail for a murder he did not commit was yesterday awarded $425,000 by the West Australian government -- 50 years after he was convicted and banished to Fremantle Prison,"
the Australian story by reporter Amanda O'Brian published on June 3, 2011 under the heading, "$425k payout 'miserly' for deaf-mute's jail hell," begins.

"But while the ex gratia payment to Darryl Beamish was intended to show the state's "sincere regret", it instead sparked a public outcry in which the Barnett government was accused of being "mean", "miserly" and an embarrassment," the story continues.

"Mr Beamish, 71, who communicates only through sign language, declined to comment directly, but his lawyer, Michael Dawson, said they were "a little disappointed".

He said his client had not wanted to look greedy and asked for $500,000, which was "a fraction of what he probably deserved".

"So to knock $75,000 off just struck me as being bizarre and really unexplainable," Mr Dawson told The Australian.

But he said his client was pleased to have some security as his wife, Barbara, was increasingly frail and, in a severe blow, her eyesight was failing, affecting her ability to see him "sign".

Mr Beamish was jailed in 1961 for the murder of Melbourne heiress Jillian Brewer and spent decades trying to clear his name.

Notorious serial killer Eric Edgar Cooke -- the last man hanged in WA -- confessed to the crime but was originally not believed.

It was not until 2005 and his sixth appeal that the conviction was finally quashed.

Mr Beamish is the last of a high-profile trio of wrongly convicted West Australians to receive

ex gratia payments.

Andrew Mallard received $3.25 million in 2009 after serving 12 years for a murder he did not commit, and John Button was awarded $460,000 in 2003 after serving 10 years for killing his girlfriend, Rosemary Anderson, another of Cooke's victims.

Yesterday, Mr Button said the payment to Mr Beamish was not enough and the lack of an apology was a disgrace.

The pair knew each other in prison and he said what they went through was hell.

"To me it was hell, the worst hellish nightmare I've ever encountered -- and for him (Mr Beamish) it was 100 times worse," Mr Button told The Australian.

"Getting any money helps, but it's a massive disappointment that what they give comes with no apology and no sincerity. It leaves a shocking taste in your mouth."

Talkback callers labelled the payment mean and embarrassing.

Opposition legal affairs spokesman John Quigley said Mr Beamish had been "shafted by the legal system" and was now being shafted by the Barnett government. "This is a miserly amount. His situation was appalling. He was mute, he could not articulate, he was vulnerable. It's unimaginable," Mr Quigley said.

Attorney-General Christian Porter said ex gratia payments were not intended to provide full compensation but showed the state's regret and gave Mr Beamish "a measure of comfort and financial security"."


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The story can be found at:

http://www.theaustralian.com.au/national-affairs/k-payout-miserly-for-deaf-mutes-jail-hell/story-fn59niix-1226068250577

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.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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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