STORY: "David Eastman Inquiry: Australia; Robert Barnes seeks to join challenge," by Court Reporter Michael Inman, published by the Canberra Times on February 20, 2014;
GIST: "A key forensic witness in the case against David Harold Eastman will make a second attempt to be involved in a challenge to stop the inquiry into the murder conviction. The Director of Public Prosecutions is seeking to overturn key decisions that created the inquiry into Eastman’s conviction and that shaped its scope. A court ruled on Thursday Robert Barnes could not intervene in the challenge. However, he will make an application on Friday to become a party to the proceedings. Intervening in the matter is similar to becoming a party to it; however, Mr Barnes would have a broader legal scope in proceedings. The inquiry is looking at Eastman’s conviction for the 1989 fatal shooting of ACT police chief Colin Winchester, as the officer sat in a car outside his neighbour’s house. It was ordered by Justice Shane Marshall last year, after fresh doubt was raised about Eastman’s 1995 conviction. It has already heard a substantial amount of evidence relating to Eastman’s 1995 conviction, including material critical of Mr Barnes, whose analysis of gunshot residue helped linked Eastman to the murder scene. An international forensic expert earlier this month cast doubt on Mr Barnes’ findings, saying his own analysis suggested a different weapon had been used and gunshot residue in Eastman’s car boot might not match the ammunition used in the killing.".........The barrister argued Mr Barnes had a personal, reputational and commercial interest in the challenge as several of the inquiry’s terms of reference were an attack on the voracity and reliability of his work and went to his integrity as aforensic scientist of 40 years’ experience. He said the ‘‘devastating ramifications’’ could be the perception his client was biased and perjuring, with unsound methodologies. But the three judges unanimously rejected the application. Eastman’s request for costs to respond to Barnes’ application was reserved. The hearing continues on Friday."
GIST: "A key forensic witness in the case against David Harold Eastman will make a second attempt to be involved in a challenge to stop the inquiry into the murder conviction. The Director of Public Prosecutions is seeking to overturn key decisions that created the inquiry into Eastman’s conviction and that shaped its scope. A court ruled on Thursday Robert Barnes could not intervene in the challenge. However, he will make an application on Friday to become a party to the proceedings. Intervening in the matter is similar to becoming a party to it; however, Mr Barnes would have a broader legal scope in proceedings. The inquiry is looking at Eastman’s conviction for the 1989 fatal shooting of ACT police chief Colin Winchester, as the officer sat in a car outside his neighbour’s house. It was ordered by Justice Shane Marshall last year, after fresh doubt was raised about Eastman’s 1995 conviction. It has already heard a substantial amount of evidence relating to Eastman’s 1995 conviction, including material critical of Mr Barnes, whose analysis of gunshot residue helped linked Eastman to the murder scene. An international forensic expert earlier this month cast doubt on Mr Barnes’ findings, saying his own analysis suggested a different weapon had been used and gunshot residue in Eastman’s car boot might not match the ammunition used in the killing.".........The barrister argued Mr Barnes had a personal, reputational and commercial interest in the challenge as several of the inquiry’s terms of reference were an attack on the voracity and reliability of his work and went to his integrity as aforensic scientist of 40 years’ experience. He said the ‘‘devastating ramifications’’ could be the perception his client was biased and perjuring, with unsound methodologies. But the three judges unanimously rejected the application. Eastman’s request for costs to respond to Barnes’ application was reserved. The hearing continues on Friday."
http://www.canberratimes.com.au/act-news/david-eastman-inquiry-robert-barnes-seeks-to-join-challenge-20140220-3333n.html
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
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/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
I look forward to hearing from readers at:
hlevy15@gmail.com.
Harold Levy: Publisher; The Charles Smith Blog.
