STORY: "Frits Van Beelen’s 1971 murder conviction stands, despite Chief Justice finding he was victim of ‘substantial miscarriage of justice,’ by reporter Andrew Dowdell, published by The Advertiser on July 13, 2016.
GIST: "The 
 state’s top judge has found convicted murderer Frits Van Beelen was the
 victim of a “substantial miscarriage of justice” — but his conviction 
remains after two fellow judges refused permission to appeal Van
 Beelen’s legal team says it will now seek leave to appeal the 
conviction for the 1971 murder of teenager Deborah Leach in the High 
Court of Australia. Chief Justice Chris Kourakis on Wednesday 
ruled that forensic evidence at Van Beelen’s trial from Dr Colin Manock 
was flawed and that his conviction should be quashed and a new trial 
ordered. But Justices Trish Kelly and Ann Vanstone ruled the 
opposite — finding that while evidence challenging Dr Manock’s findings 
were fresh they were not compelling. Van Beelen, 69, 
relied on 2013 legislation allowing historic convictions to be appealed if “fresh and compelling evidence” arose in an effort to win a retrial over the murder at Taperoo Beach. During
 a previous hearing, Van Beelen’s lawyers claimed the evidence of former
 forensic pathologist Dr Manock was unreliable, particularly regarding 
Ms Leach’s time of death and his claims she had been sexually assaulted 
after being murdered. Van Beelen, who had previous convictions for sexual assault, served 17 years in prison before being released in 1990. Chief
 Justice Kourakis said the new evidence was both fresh and compelling 
and found that “a substantial miscarriage of justice has occurred” and 
that it was “significantly possible” a jury armed with the evidence 
would have acquitted Van Beelen. He found that Dr Manock’s 
testimony at trial that Ms Leach had died no more than four hours after 
eating lunch was “plainly wrong and without scientific foundation”. “Dr
 Manock proceeded on an assumption that there was a ‘normal’ time for 
the emptying of the stomach. It is that assumption which has been 
falsified by the subsequent research,” he found. The Chief Justice
 ruled that Van Beelen’s murder conviction should be quashed and a new 
trial ordered — however Justices Ann Vanstone and Trish Kelly ruled the 
appeal should not be granted. Justice Vanstone found that while 
the new evidence was fresh, it was not compelling and did not reach the 
threshold under the new legislation. Despite the majority ruling 
against his client, Van Beelen’s lawyer Kevin Borich QC said his hopes 
were buoyed by the Chief Justice’s comments and decision. “Given 
the fact that the Chief Justice has allowed the appeal, we will 
certainly be taking the matter to the High Court of Australia,” Mr 
Borich said. Legal academic Dr Bob Moles, who has spearheaded a 
number of challenges to convictions including that of Henry Keogh, said 
the High Court appeal could open the floodgates for up to 400 other 
people convicted of crimes using Dr Manock’s evidence. Dr Moles said it could be proven Dr Manock was not an expert nor qualified to give expert evidence in criminal trials. “We
 think that all of Dr Manock’s cases ought to be reviewed anyway and we 
think the government should set up a special commission of inquiry in 
order to deal with these,” Dr Moles said. “Otherwise we face the 
unenviable process of 400 cases being processed through the court and 
being fought tooth and nail by the DPP’s office and the costs involved 
with that could be phenomenal.” Dr Moles said he was optimistic the High Court would allow the appeal on the grounds of fresh and compelling new evidence. “I
 can’t think of a case that has come out of South Australia in recent 
years that involves a greater issue of public importance and I think the
 High Court will appreciate that,” Dr Moles said.'
 
 
 
The entire story can be found at:
http://www.adelaidenow.com.au/news/south-australia/frits-van-beelens-1971-murder-conviction-stands-despite-chief-justice-finding-he-was-victim-of-substantial-miscarriage-of-justice/news-story/32be90cbae885a95ec13a91bb58bb2bd
PUBLISHER'S NOTE: 
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.com/2011/05/charles-smith-blog-award-nominations.html
Please
      send any comments  or information on other cases and issues of    
 interest  to the readers of this blog to: 
hlevy15@gmail.com;
Harold Levy;
Publisher: The Charles Smith Blog;