GIST: "Ms Sangha says that the self-imposed limitations have fundamental implications for justice. “For instance, the Court of Appeal says that even in the face of compelling new evidence, it cannot hear a further appeal once an initial appeal has been rejected,” Ms Sangha said. Similarly, the High Court says that constitutionally it is unable to receive fresh evidence indicating a possible miscarriage of justice. And in South Australia, the remaining option of a statutory petition falls to the discretion of the Attorney-General, meaning that the petition may never achieve a judicial review. This is even when there is new evidence, or clear evidence of errors by the prosecution’s expert witnesses, Ms Sangha said. Ms Sangha’s initial work on the area prompted the introduction into State Parliament of The Criminal Cases Review Commission Bill 2010 by MLC Ann Bressington, which has been referred to the Committee. Ms Sangha says that the self-imposed limitations have fundamental implications for justice. “For instance, the Court of Appeal says that even in the face of compelling new evidence, it cannot hear a further appeal once an initial appeal has been rejected,” Ms Sangha said. Similarly, the High Court says that constitutionally it is unable to receive fresh evidence indicating a possible miscarriage of justice. And in South Australia, the remaining option of a statutory petition falls to the discretion of the Attorney-General, meaning that the petition may never achieve a judicial review.This is even when there is new evidence, or clear evidence of errors by the prosecution’s expert witnesses, Ms Sangha said.“In effect, unfair convictions are being excluded from the judicial review process, which is clearly inconsistent with the United Nations International Covenant on Civil and Political Rights,” she said."
PUBLISHER'S VIEW: It is inspiring to see the impassioned, articulate campaign that Professor Bibi Sangha, of Flinders University, is spearheading to secure an independent review body that will openly and fairly address and remedy wrongful convictions and miscarriages of justice. Her efforts will undoubtedly be followed closely in other countries where rank injustices are commonplace because of unreasonable legal limitations which give far too much power to politicians to keep wrongful convictions from judicial and public scrutiny. Bravo to Ms. Sangha and to her university.
Harold Levy; Publisher; The Charles Smith Blog;
THE ENTIRE STORY CAN BE FOUND AT:
PUBLISHER'S NOTE:
I am monitoring this 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/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
Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com
Harold Levy: Publisher; The Charles Smith Blog.
