Saturday, January 17, 2015

Henry Keogh; South Australia; Sue Neill-Fraser; Tasmania; Can the South Australian Court of Criminal Appeal decision in the Keogh case provide hope for Sue Neill-Fraser? Barbara Etter. BEtter Consulting;


PUBLISHER'S VIEW: Criminal Justice consultant Barbara Etter  has provided a  cogent summary of the recent South Australian Court of Criminal Appeal decision in the Keogh case. Of  particular interest in her introductory note is  the possibility that  the Keogh decision may provide a window for review into the Sue Neill-Fraser case in Tasmania - a case this Blog is following.  As Etter writes: "Sue-Neill Fraser has now been in gaol for the murder of Mr Bob Chappell, her long-time partner, for 6 years in August. Her case, like Henry's, was an entirely circumstantial case and forensic evidence played an important part in determining a "mechanism of murder", the court's consideration of the significance of a matched DNA sample from the deck of the Four Winds yacht (the crime scene) and the method of body disposal in a case where the body has never been found. In Keogh, in light of the forensic deficiencies alone, the court found that the trial process was "fundamentally flawed" and a substantial miscarriage of justice had occurred." 

POST: "A sumary of the South Australian Court of Criminal Appeal decision in Keogh," by Barbara Etter, published on her blog "Better Consulting: "Legal services," on January 15, 2015. Barbara Etter is principal of "BEtter Consulting" in which she combines her background in forensic science, policing and criminal law. (I really like her motto: "Be your best - Integrity, Justice and  Humanity; HL);

GIST; "Attached is my summary of the 96 page decision of the SA Court of Criminal Appeal in the long-running case of Henry Keogh. Henry was  recently released from prison after spending almost 20 years in prison. He faces the prospect of a retrial into the matter. One has to ask why it has taken so long to get Henry's case back before the courts. His case was the subject of no fewer than five petitions of mercy. It would also seem that there were indications that there were possible problems with the forensic evidence in this case as early as 2004. However, for some reason, an important forensic report was not provided to Keogh's advisors until late 2013. Dr Bob Moles of Networked Knowledge in SA has pursued this case with indefatigable vigour and has even published several books on the case and related issues over the years. SA should be commended for its leadership in this area given its introduction of much needed further right to appeal legislation in 2013. The Keogh case is a landmark decision as it interprets and applies the new further right to appeal decision in South Australia. A number of jurisdictions, including Tasmania, are closely watching developments in this case. It is hoped that, as previously indicated in September 2014, the Tasmanian A-G will now be able to produce an appropriate draft further right to appeal legislative provision for Tasmania for consultation with key stakeholders. I will also be carefully analysing the case for parallels with the Sue Neill-Fraser case here in Tasmania. Sue-Neill Fraser has now been in gaol for the murder of Mr Bob Chappell, her long-time partner, for 6 years in August. Her case, like Henry's, was an entirely circumstantial case and forensic evidence played an important part in determining a "mechanism of murder", the court's consideration of the significance of a matched DNA sample from the deck of the Four Winds yacht (the crime scene) and the method of body disposal in a case where the body has never been found. In Keogh, in light of the forensic deficiencies alone, the court found that the trial process was "fundamentally flawed" and a substantial miscarriage of justice had occurred. 

The entire post can be found at:

http://www.betterconsult.com.au/blog/a-summary-of-the-sa-court-of-criminal-appeal-decision-in-keogh/

The summary of the Keogh case can be found as indicated below:

See summary here

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/charlessmith

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;