"Convicted murderer Frits Van Beelen has been granted court permission to try to clear his name amid allegations the chief pathologist’s evidence against him at trial was flawed. His alleged “fresh and compelling” evidence over his conviction for the 1971 murder of 15-year-old Deborah Leach at Taperoo Beach is the pathologist at his trial, Dr Colin Manock, was “incompetent” and his assertions about time of death and necrophilia were wrong. Van Beelen, who had previous convictions for indecent exposure and attempted rape, served 17 years for the murder and is now aged in his late 60s. His lawyer, Kevin Borick, QC, on Tuesday told the Court of Criminal Appeal evidence provided by South Australia’s then chief forensic pathologist Dr Manock had been refuted. “All of the criticism (against Dr Manock), they clearly establish a total lack of reliability or credibility as a forensic pathologist,” he said. “The evidence that we have shows that he (Dr Manock) was unqualified, incompetent and untrustworthy.” Criticism of Dr Manock’s testimony in the controversial Henry Keogh murder trial led to a historic appeal in that case. Mr Borick told the court it had been established Dr Manock had committed perjury, and this formed the “fresh and compelling evidence” required by the defence to launch an appeal. He has told The Advertiser up to 20 convicted murderers are hoping to take advantage of changes to the Statutes Amendment Appeals Act, introduced in May 2013, which allows an appeal if the court deems there is “fresh and compelling evidence”........ Van Beelen has always denied responsibility for killing Ms Leech and had submitted numerous appeals, including an appeal to the Privy Council in London, but his conviction for the murder was upheld. A number of university scientists who had been involved with the defence also pointed out, in letters to The Advertiser, that the bulk of the prosecution’s scientific evidence was either withdrawn or rejected, and it was this which should be “a matter of public concern”. Justice David Lovell granted permission for Van Beelen to appeal, which will be heard by the Full Court of the Court of Criminal Appeal next year."
Tuesday, December 8, 2015
Bulletin: Frits Van Beelen; South Austraiia; Major development; He has won permission to appeal 1970s conviction over Taperoo Beach murder; " His lawyer, Kevin Borick, QC, on Tuesday told the Court of Criminal Appeal evidence provided by South Australia’s then chief forensic pathologist Dr Manock had been refuted. “All of the criticism (against Dr Manock), they clearly establish a total lack of reliability or credibility as a forensic pathologist,” he said. “The evidence that we have shows that he (Dr Manock) was unqualified, incompetent and untrustworthy.” Criticism of Dr Manock’s testimony in the controversial Henry Keogh murder trial led to a historic appeal in that case. Mr Borick told the court it had been established Dr Manock had committed perjury, and this formed the “fresh and compelling evidence” required by the defence to launch an appeal." The Advertiser;
"Convicted murderer Frits Van Beelen has been granted court permission to try to clear his name amid allegations the chief pathologist’s evidence against him at trial was flawed. His alleged “fresh and compelling” evidence over his conviction for the 1971 murder of 15-year-old Deborah Leach at Taperoo Beach is the pathologist at his trial, Dr Colin Manock, was “incompetent” and his assertions about time of death and necrophilia were wrong. Van Beelen, who had previous convictions for indecent exposure and attempted rape, served 17 years for the murder and is now aged in his late 60s. His lawyer, Kevin Borick, QC, on Tuesday told the Court of Criminal Appeal evidence provided by South Australia’s then chief forensic pathologist Dr Manock had been refuted. “All of the criticism (against Dr Manock), they clearly establish a total lack of reliability or credibility as a forensic pathologist,” he said. “The evidence that we have shows that he (Dr Manock) was unqualified, incompetent and untrustworthy.” Criticism of Dr Manock’s testimony in the controversial Henry Keogh murder trial led to a historic appeal in that case. Mr Borick told the court it had been established Dr Manock had committed perjury, and this formed the “fresh and compelling evidence” required by the defence to launch an appeal. He has told The Advertiser up to 20 convicted murderers are hoping to take advantage of changes to the Statutes Amendment Appeals Act, introduced in May 2013, which allows an appeal if the court deems there is “fresh and compelling evidence”........ Van Beelen has always denied responsibility for killing Ms Leech and had submitted numerous appeals, including an appeal to the Privy Council in London, but his conviction for the murder was upheld. A number of university scientists who had been involved with the defence also pointed out, in letters to The Advertiser, that the bulk of the prosecution’s scientific evidence was either withdrawn or rejected, and it was this which should be “a matter of public concern”. Justice David Lovell granted permission for Van Beelen to appeal, which will be heard by the Full Court of the Court of Criminal Appeal next year."
