David Eastman spent almost 19 years behind bars before having his conviction for the murder of ACT police chief Colin Stanley Winchester quashed: On Thursday morning, the ACT Supreme Court threw out Eastman's attempt to permanently halt his retrial for the alleged murder of ACT police chief Colin Stanley Winchester in 1989. Acting Justice David Ashley handed down his decision on Eastman's stay application in front of a packed court, but kept secret his reasons for doing so, saying he doesn't want to jeopardise the fairness of the retrial. ........The assistant Australian Federal Police commissioner was shot twice in the head at close range as he got out of his car on January 10, 1989. There were suggestions it was the work of the Calabrian mafia, or "Ndrangheta", who felt Mr Winchester had double-crossed them, and recent secret evidence appears to have strengthened such claims beyond mere speculation. After a lengthy investigation, police charged Eastman, a public servant disgruntled about a pending assault charge and the loss of his job. Eastman was convicted in 1995, and sentenced to life behind bars, but was eventually freed in 2014, after serving 19 years in prison. His release came in the wake of an explosive inquiry, headed by former Northern Territory Chief Justice Brian Martin, which found serious flaws with the gunshot residue analysis used to link Eastman to the crime scene. The inquiry found the prosecution's star forensic witness, Victorian Robert Barnes, had made fundamental errors, overstated his findings, was biased to the prosecution, and resistant to having his work peer-reviewed. It was still unclear on Thursday whether Eastman would appeal the decision to dismiss his stay application. Those avenues are available to him, and are likely being closely considered. For now, the decision means Eastman will face a jury for a second time. .........Eastman launched the stay application upon learning that the DPP planned to push ahead with the retrial. He argued that the delay since the alleged crime, media coverage, the exorbitant cost associated with a retrial, and Eastman's age, time served, and mental health, all weighed against a retrial taking place. Eastman also argued that the prosecution would be presenting a partially "new case" at any retrial, and that their evidence was not strong enough to warrant it being put to another jury. He alleged prosecutors had engaged in misconduct at his original trial, by allegedly concealing weaknesses in their forensic case from him..........Much of the stay application was suppressed, and parts were heard in closed court. Acting Justice Ashley's detailed reasons were handed to the parties, but they were given strict orders not to copy them, or provide them to anyone else, save Eastman himself, his legal representatives, and past counsel. To the public, the judge issued a short summary providing a basic recap of events so far, and outlining the general nature of the stay application. "It would defeat the purpose of the court's reasons being provided only to the parties if this summary was to set out the court's extensive findings of fact and analysis of principles," he wrote. "It can be said, however, that the failure of Eastman's application does reflect the rejection, or partial rejection, as the case may be, of various matters which he raised." The matter will return to court next month for a directions hearing."
Thursday, April 14, 2016
David Eastman: Australia: Major Development: He has lost his bid to prevent a retrial for the alleged murder of a senior police officer. "Eastman was convicted in 1995, and sentenced to life behind bars, but was eventually freed in 2014, after serving 19 years in prison. His release came in the wake of an explosive inquiry, headed by former Northern Territory Chief Justice Brian Martin, which found serious flaws with the gunshot residue analysis used to link Eastman to the crime scene. The inquiry found the prosecution's star forensic witness, Victorian Robert Barnes, had made fundamental errors, overstated his findings, was biased to the prosecution, and resistant to having his work peer-reviewed."..." He alleged prosecutors had engaged in misconduct at his original trial, by allegedly concealing weaknesses in their forensic case from him." Reporter Christopher Knaus. The Canberra Times;
David Eastman spent almost 19 years behind bars before having his conviction for the murder of ACT police chief Colin Stanley Winchester quashed: On Thursday morning, the ACT Supreme Court threw out Eastman's attempt to permanently halt his retrial for the alleged murder of ACT police chief Colin Stanley Winchester in 1989. Acting Justice David Ashley handed down his decision on Eastman's stay application in front of a packed court, but kept secret his reasons for doing so, saying he doesn't want to jeopardise the fairness of the retrial. ........The assistant Australian Federal Police commissioner was shot twice in the head at close range as he got out of his car on January 10, 1989. There were suggestions it was the work of the Calabrian mafia, or "Ndrangheta", who felt Mr Winchester had double-crossed them, and recent secret evidence appears to have strengthened such claims beyond mere speculation. After a lengthy investigation, police charged Eastman, a public servant disgruntled about a pending assault charge and the loss of his job. Eastman was convicted in 1995, and sentenced to life behind bars, but was eventually freed in 2014, after serving 19 years in prison. His release came in the wake of an explosive inquiry, headed by former Northern Territory Chief Justice Brian Martin, which found serious flaws with the gunshot residue analysis used to link Eastman to the crime scene. The inquiry found the prosecution's star forensic witness, Victorian Robert Barnes, had made fundamental errors, overstated his findings, was biased to the prosecution, and resistant to having his work peer-reviewed. It was still unclear on Thursday whether Eastman would appeal the decision to dismiss his stay application. Those avenues are available to him, and are likely being closely considered. For now, the decision means Eastman will face a jury for a second time. .........Eastman launched the stay application upon learning that the DPP planned to push ahead with the retrial. He argued that the delay since the alleged crime, media coverage, the exorbitant cost associated with a retrial, and Eastman's age, time served, and mental health, all weighed against a retrial taking place. Eastman also argued that the prosecution would be presenting a partially "new case" at any retrial, and that their evidence was not strong enough to warrant it being put to another jury. He alleged prosecutors had engaged in misconduct at his original trial, by allegedly concealing weaknesses in their forensic case from him..........Much of the stay application was suppressed, and parts were heard in closed court. Acting Justice Ashley's detailed reasons were handed to the parties, but they were given strict orders not to copy them, or provide them to anyone else, save Eastman himself, his legal representatives, and past counsel. To the public, the judge issued a short summary providing a basic recap of events so far, and outlining the general nature of the stay application. "It would defeat the purpose of the court's reasons being provided only to the parties if this summary was to set out the court's extensive findings of fact and analysis of principles," he wrote. "It can be said, however, that the failure of Eastman's application does reflect the rejection, or partial rejection, as the case may be, of various matters which he raised." The matter will return to court next month for a directions hearing."
