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"Reformers have for years recommended that all forensic labs be independent from law enforcement and prosecutorial agencies' and this is a key reform promoted by The Justice Project (2008). But fixing these problems is only half the answer' because half of the wrongful convictions attributed to misleading forensic evidence involved deliberate forensic fraud' evidence tampering' and/or perjury.
From "The Elephant in the Crime Lab," by co-authored by Sheila Berry and Larry Ytuarte; Forensic Examiner; Spring, 2009; http://www.t-mlaw.com/blog/post/the-elephant-in-the-crime-lab/
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STORY: "Scott Austic's conviction for murder of Stacey Thorne sent for appeal by WA Attorney-General," published by ABC News.
GIST: "WA's Attorney-General has agreed to refer a
decade-old conviction over the murder of a pregnant woman to the Court
of Appeal, following concerns raised about some of the evidence in the
case. Scott Austic's conviction over the 2007 murder of 35-year-old Stacey Thorne in Boddington, south-east of Perth, will be considered by the appeals court following a petition by the jailed man.
Ms Thorne was stabbed 21 times and left to die. She
was 22 weeks pregnant at the time of her death, with Austic's trial in
2009 told he was the likely father of the baby and killed Ms Thorne
because he did not want her to have his child. Austic was found guilty of murder and jailed for a minimum of 25 years. But
issues surrounding that conviction have long been in the public domain,
with former Governor Malcolm McCusker having advocated for the case to
be reviewed. The Corruption and Crime Commission also reviewed the case, which Attorney-General John Quigley said was part of the reason he had accepted a recommendation that it be re-examined. "The
CCC noted, however, that there were potential concerns in relation to
aspects of the evidence against Mr Austic, including in relation to a
cigarette packet and the knife identified as the murder weapon," Mr
Quigley said. "I have accepted the Solicitor
General's advice that public confidence in the administration of justice
requires that those concerns be fully addressed in an independent, open
and transparent way. "I hope that the examination by the court of
matters that have been the subject of public comment for some years
will finally bring speculation about this case to an end." Among
the issues investigated by the CCC were claims a cigarette packet
stained with Ms Thorne's blood was visible in later crime scene photos
but not the originals. Austic pleaded not guilty to the murder and
lost an appeal against his conviction, before unsuccessfully petitioning
for a second appeal. Mr Quigley's decision to now exercise his power to refer the matter to the Court of Appeal is a rare move. It is also something his predecessor and now shadow attorney-general Michael Mischin declined to do in the Austic case. The
Government is planning to change the law to allow convicted people to
launch a second appeal against a conviction straight to the state's
highest court, without needing the Attorney-General's approval.The entire story can be found at:
http://www.abc.net.au/news/2018-04-21/scott-austic-stacey-thorne-murder-conviction-referred-for-appeal/9683424
See the three part 'Sunday Night' video at the link below: "To
police, the brutal murder of popular teacher’s aide Stacey Thorne was
an open and shut case. Very quickly they had her lover, Scott Austic, in
their sights. They
had the murder weapon, a knife discarded near Stacey’s home. They had
Scott’s DNA on a drink can found on the road outside her house and, on
his cigarette pack, were traces of Stacey’s blood. Within days, police had Scott in custody. And in no time at all, he was doing hard time – 25 years’ jail for Stacey’s murder. But Scott’s mother and daughter were convinced he didn’t do it. And now a
team of lawyers and forensic experts believe they can prove his
innocence. In this major Sunday Night investigation, guest reporter Michael Usher
presents the convincing proof that crucial evidence against Scott was
planted. That Scott Austic has languished in jail for 10 years now for a murder he probably didn’t commit. Eminent
QC Malcolm McCusker describes Scott’s imprisonment as one of the
greatest cases of injustice in Australia. And when you see this
investigation, you will understand why. Producers: Michael Muntz, Mark Llewellyn, Duncan McNab, Gareth Harvey and Lisa Ryan."
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/c
