STORY: "Murder law reform considered" by Nino Bucci, published by the Age on May 28, 2013.
GIST: "University of Adelaide law school associate lecturer Kellie Toole said the Victorian government may wait to see how many applications for appeal are made before considering the legislation. She said a dearth of applications would not necessarily discourage enactment of the legislation in Victoria, as it could indicate that such a law would allow the government to appear progressive, with little risk the floodgates would open. Henry Keogh, who was convicted of the 1992 killing of his fiancee, has had at least three applications for appeal to the attorney-general rejected and may be planning an appeal. His lawyers have argued that police concealed evidence and they questioned the forensic analysis used by the prosecution. Edward Splatt, who was convicted in 1978 of the murder of 77-year-old Rosa Simper, only to be given a royal pardon seven years later, is expected to use the legislation. His conviction for murder still stands, despite the pardon."......... Mr Kirby, a patron of Liberty Victoria, wrote in an opinion piece in the Australian Financial Review earlier this month that the innovative law should be welcomed by all. ''Risks of miscarriage of justice arise everywhere, but are specially dangerous where people's liberty is at stake. We need more effective remedies than the law of Australia now provides,'' he wrote. ''There is a high dependence among appellate judges on the diligence, capacity and inclinations often of one judge who will examine the appeal and write the primary decision. ''Effectively, this places great power over human liberty in the hands of one person. Experience has shown that errors slip through the system.''
The entire asory can be found at:
http://www.watoday.com.au/national/murder-law-reform-considered-20130527-2n7ie.html
Dear reader: Keep your eye on the Charles Smith Blog. We are following developments relating to the new South Australian law and its aftermath.
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Harold Levy: Publisher; The Charles Smith Blog.