STORY: "David Eastman Inquiry: ACT (Australian Capital Territory) DPP wins right to argue to keep killer in jail," published by ABC News on June 23, 2014.
GIST: "The ACT Director of Public Prosecutions (DPP) has won another legal bid to argue that convicted killer David Eastman should remain behind bars.
David Harold Eastman is serving a life sentence for the 1989 murder of Australian Federal Police assistant commissioner Colin Winchester. Last month an inquiry recommended Eastman's conviction be quashed because he did not receive a fair trial and was convicted on flawed forensic evidence. A full bench of the court had been convened to consider how to respond to the inquiry, and was taking submissions on whether it had the jurisdiction. The DPP said the inquiry law was invalid under the constitution because it did not allow the court to take submissions, diminishing its independence. But lawyers for the ACT Government said the law only compels the court to make a decision and does not specify what that decision should be. Today the bench found that law was not constitutional and the DPP had the right to be heard on the matter. A hearing with Eastman's lawyers and the DPP will be held in mid July to hear submissions on how it should respond to the inquiry, with the DPP to argue Eastman should remain behind bars.".........Eastman interrupted today's hearing accusing the DPP of vexatious delaying tactics. The court will consider two main issues, including whether to release sensitive documents to the DPP, and the substantive matter about whether to quash or confirm the conviction."
GIST: "The ACT Director of Public Prosecutions (DPP) has won another legal bid to argue that convicted killer David Eastman should remain behind bars.
David Harold Eastman is serving a life sentence for the 1989 murder of Australian Federal Police assistant commissioner Colin Winchester. Last month an inquiry recommended Eastman's conviction be quashed because he did not receive a fair trial and was convicted on flawed forensic evidence. A full bench of the court had been convened to consider how to respond to the inquiry, and was taking submissions on whether it had the jurisdiction. The DPP said the inquiry law was invalid under the constitution because it did not allow the court to take submissions, diminishing its independence. But lawyers for the ACT Government said the law only compels the court to make a decision and does not specify what that decision should be. Today the bench found that law was not constitutional and the DPP had the right to be heard on the matter. A hearing with Eastman's lawyers and the DPP will be held in mid July to hear submissions on how it should respond to the inquiry, with the DPP to argue Eastman should remain behind bars.".........Eastman interrupted today's hearing accusing the DPP of vexatious delaying tactics. The court will consider two main issues, including whether to release sensitive documents to the DPP, and the substantive matter about whether to quash or confirm the conviction."
The entire story can be found at:
http://www.abc.net.au/news/2014-06-23/david-eastman-enquiry-dpp-hearing/5544864
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;
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