Thursday, June 22, 2017

Frits Van Beelen: South Australia; A discredited pathologist Colin Manock case: On-going appeal. Bulletin...Court told fibres from Frits Van Beelen’s jumper found at scene of 1972 murder of teen Deborah Lynch... Kevin Borrick QC, who has represented Van Beelen since his first trial in 1972, urged the five High Court justices to be cautious of the fibre evidence, saying it was a common dye and thread used in myriad of clothing at the time. The first day’s argument centred on submissions that former state chief forensic pathologist Dr Colin Manock’s 1973 evidence on the time of death was flawed. Mr Kimber told the court on Thursday that even if the evidence of Dr Manock was excluded from the 1973 trial, both the evidence of the clothing fibres and the emotional testimony of Ms Leach’s mother would still have resulted in a guilty verdict. Mr Borrick said the scientific evidence levelled at his long-time client had been gradually decreasing since the first trial, when the Crown claimed it could show 27 “matchings” across nine categories at the crime scene to Van Beelen.By the time of the second trial a year later, this had decreased to five categories. The appeal being considered by the High Court only covers two categories — time of death and the fibres." Reporter Mitch Mott; Adelaide Now; June 22:



"The transfer of clothing fibres helps prove that Frits Van Beelen murdered a teenage girl on an Adelaide beach almost 50 years ago, the High Court has heard. Director of Public Prosecutions, Adam Kimber SC, used the second and final day of submissions to a full sitting of the High Court in Adelaide on Thursday to argue that Van Beelen was inextricably linked to the rape and murder of Deborah Leach, 15, at Taperoo Beach on July 15, 1971. Ms Leach’s semi-clothed body was found partially buried beneath seaweed at the beach, with only a foot obvious to the search party who found her more than 12 hours after she was last seen by her mother. Mr Kimber told the court that numerous fibres were found on Ms Leach’s vest, which was exposed by her jumper being pulled up over her mouth.  Of the numerous fibres, 19 red and 17 black ones were ruled to have come from a foreign source, not Ms Leach’s own clothing or environment. On July 29, 1971, Van Beelen was interviewed by police for the first time and told police he had been wearing either a black and red or a blue jumper at the time of his walk on the beach on the day of Ms Leach’s death. When police attended his home, Van Beelen handed them a red and black jumper which he said he had worn that day. Two experts during Van Beelen’s second trial, which he was awarded after the guilty verdict from his first trial in 1972 was overturned on appeal, testified that fibres found on Ms Leach were indistinguishable from those from Van Beelen’s jumper. Three brown fibres were found on Van Beelen’s jumper, two of which were found to be similar to Ms Leach’s jumper. Van Beelen told police he had not walked within 20 yards of the seaweed on Taperoo Beach but Mr Kimber said seaweed had been found on his jumper. Kevin Borrick QC, who has represented Van Beelen since his first trial in 1972, urged the five High Court justices to be cautious of the fibre evidence, saying it was a common dye and thread used in myriad of clothing at the time. The first day’s argument centred on submissions that former state chief forensic pathologist Dr Colin Manock’s 1973 evidence on the time of death was flawed. Mr Kimber told the court on Thursday that even if the evidence of Dr Manock was excluded from the 1973 trial, both the evidence of the clothing fibres and the emotional testimony of Ms Leach’s mother would still have resulted in a guilty verdict. Mr Borrick said the scientific evidence levelled at his long-time client had been gradually decreasing since the first trial, when the Crown claimed it could show 27 “matchings” across nine categories at the crime scene to Van Beelen.By the time of the second trial a year later, this had decreased to five categories. The appeal being considered by the High Court only covers two categories — time of death and the fibres. The High Court will hand down its verdict on the appeal in August."
http://www.adelaidenow.com.au/news/law-order/court-told-fibres-from-frits-van-beelens-jumper-found-at-scene-of-1972-murder-of-teen-deborah-lynch/news-story/d027aebc23cb758aebc0a135eb1d1339

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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;