PUBLISHER'S NOTE: ABC News reports that "the reasons for the retrial and why today's bail application was granted have been suppressed by the court." I have seldom seen such a rigid ban on publication - and can't wait to learn the reason was to who sought the order, and why it was made. I suspect the reasons will be of interest too the readers of this Blog.
Harold Levy: Publisher: The Charles Smith Blog.
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BACKGROUND: (From a story by ABC News reporter on the occasion of the quashing of the murder charge by reporter Joanna Menagh published on this Blog on May 20, 2020.") "Those concerns included allegations that the evidence may have been planted by police, including a bloodied cigarette packet that was not in the first photographs and a crime scene video taken at Mr Austic's house, but did appear in a photograph that was taken more than 30 hours later. The murder weapon was alleged to be a folding knife, but it was not found by detectives until three days after Ms Thorne's death, despite an earlier search of the same area by State Emergency Service (SES) volunteers. A British forensic pathologist testified at Mr Austic's appeal that it was unlikely the same knife had caused Ms Thorne's fatal wounds, because its blade was too short. There were also questions about a Jim Beam can located on a road verge near Ms Thorne's home that had Mr Austic's DNA on it. His legal team suggested the can could also have been "placed" where it was found.'"
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STORY: “Scott Austic granted bail after conviction for murdering his girlfriend Stacey Thorne quashed,” by Reporter James Carmody, published by ABC News on June 9, 2020.
GIST: “A West Australian man accused of murdering his pregnant girlfriend has been granted bail after more than 12-and-a-half years in prison. Scott Austic was charged in 2007 with the stabbing murder of his pregnant girlfriend, Stacey Thorne, in Boddington, south of Perth. Last month that conviction was overturned on appeal and a retrial is set to begin on October 26. During an adjournment shortly after learning he would be granted bail, Mr Austic, who appeared via video-link from Hakea Prison, smiled and waved to his mother who sat in the public gallery. The reasons for the retrial and why today's bail application was granted have been suppressed by the court.
Daughter can't wait to spend with dad
Outside court, his daughter, who cannot be named, said she was overjoyed her father had been granted bail.
She said she was six years old the last time she saw her father outside of prison.
"It will be good to actually spend time with him outside of a prison, it's pretty exciting," she said.
"He was trying not to get his hopes up, but he was so excited, he was just hoping that he could get out of there and just be with his family."
As he left Hakea Prison, Mr Austic said he was pleased with the result of the bail application.
"I'm looking forward to spending some quality time with my family and I'm hopeful I could have my privacy respected," he said.
"I'd like to thank my legal team for the extensive work they've put into the case over the last 10 years getting to this point.”
"I can now focus on, and look forward to, the retrial for a crime I did not commit.”
Strict bail conditions set
There were 16 conditions set for Mr Austic's bail.
Those conditions included a $100,000 personal undertaking and $100,000 surety, and that he reside at a specific address and remain at it between 6:00pm and 6:00am. He is not permitted to drink alcohol.
Mr Austic will also be required to present at a specified police station every day, surrender his passport and not leave the state, and not enter the township of Boddington.
Under the bail conditions, he cannot contact any prosecution witnesses or any family members of the deceased.
One condition also prohibits him from disclosing the prosecution brief to anyone outside of his legal team and any relevant experts.”
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;
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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