David Eastman's bid to prevent his second murder trial has been
vacated and will be significantly delayed, after it was revealed a
serious illness has left his barrister unable to take further part in
the case. The news has forced the court to vacate the date set
down to hear Eastman's stay application next month, and could
potentially threaten the six months set aside for the retrial between
February and August next year. Eastman is trying to prevent his
second trial for the murder of Assistant Federal Police Commissioner
Colin Stanley Winchester, arguing media coverage, delay, the death of
witnesses, the destruction of exhibits, and other factors mean it cannot
possibly be conducted fairly. His lawyer Michael Toole told the
court there was simply no way they could find a new senior counsel to
act in the stay application before it began in mid-July. But prosecutors opposed delaying Eastman's stay
application, fearing such a move would threaten to disrupt the retrial,
when has been set down for six months from February. ........Eastman
is facing a retrial for the murder of Mr Winchester outside his home in
1989, after his initial conviction for the crime was quashed over
serious flaws with the forensic analysis linking him to the scene. But his stay application will argue that is now not possible for him to have a fair trial. The
judge who was to hear the stay application, Acting Justice Whealy, was
removed from the case by the ACT Court of Appeal earlier this month,
after Eastman claimed he may be seen to be bias because of links to the
man who prosecuted the original 1995 trial. The ACT Supreme Court is still looking for another judge to replace Acting Justice Whealy. That also contributed to the decision to vacate the stay application. The
court will consider how to proceed with the stay application on
Thursday, when the matter is listed for a directions hearing.
Friday, June 19, 2015
Bulletin: David Eastman: Australia: His bid to prevent his second murder trial has been vacated and will be significantly delayed, after it was revealed a serious illness has left his barrister unable to take further part in the case. The news has forced the court to vacate the date set down to hear Eastman's stay application next month, and could potentially threaten the six months set aside for the retrial between February and August next year.
