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.

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.