Wednesday, September 1, 2021

Susan Neill-Fraser: Australia; (Tasmania): Bulletin: Pressure to reopen her appeal mounts as former Tasmanian premier wades in: As 7news reports: "Lara Giddings, who was Labor premier from 2011-14, has called on state Liberal Attorney-General Elise Archer to use her powers as first law officer to reopen the appeal. Ms Giddings cites a series of papers put together by two lawyers, including former member of Neill-Fraser's legal team Barbara Etter, that allege the police investigation into Mr Chappell's death was inadequate. The lawyers allege flaws in the police investigation in relation to the phone records, non-disclosure of evidence by police and flawed forensics and expert evidence. "The matters raised in these papers should be brought before the court as quickly as possible so that the court can be properly informed as to what has gone wrong in this case," Ms Giddings said in a letter sent to members of state parliament. "(Neill-Fraser) has already spent twelve years in prison for a crime, which on the evidence contained in these papers, an objective and open-minded person would not believe she committed." Ms Giddings claims the matters amount to a "miscarriage of justice for Sue Neill-Fraser".



STORY: "Ex-Tas premier wants murder appeal opened," by Reporter Ethan James,  published by 7news on September 1, 2021.

GIST: "A former Tasmanian premier wants the appeal of convicted killer Susan Neill-Fraser to be reopened, claiming a "miscarriage of justice" in the high-profile case.


Neill-Fraser is serving 23 years' jail for murdering partner Bob Chappell on the couple's yacht in Hobart on Australia Day 2009.


The 67-year-old is awaiting a decision by Tasmania's Court of Criminal Appeal after hearings in her second appeal against the conviction concluded in March.


Lara Giddings, who was Labor premier from 2011-14, has called on state Liberal Attorney-General Elise Archer to use her powers as first law officer to reopen the appeal.


Ms Giddings cites a series of papers put together by two lawyers, including former member of Neill-Fraser's legal team Barbara Etter, that allege the police investigation into Mr Chappell's death was inadequate.


The lawyers allege flaws in the police investigation in relation to the phone records, non-disclosure of evidence by police and flawed forensics and expert evidence.


"The matters raised in these papers should be brought before the court as quickly as possible so that the court can be properly informed as to what has gone wrong in this case," Ms Giddings said in a letter sent to members of state parliament.


"(Neill-Fraser) has already spent twelve years in prison for a crime, which on the evidence contained in these papers, an objective and open-minded person would not believe she committed."

Ms Giddings claims the matters amount to a "miscarriage of justice for Sue Neill-Fraser".


Ms Archer said seeking leave to reopen the case is matter for Neill-Fraser and her lawyers.

"As a former premier and attorney-general, Ms Giddings should be aware it would not be appropriate for the government to comment on the specifics of Neill-Fraser's conviction, or engage in any commentary on the matter which is still before the Court of Criminal Appeal having reserved its decision," Ms Archer said.


"To do so would risk allegations that the government is seeking to inappropriately influence the courts."


The papers were tabled this week in Tasmania's Legislative Council by independent member Mike Gaffney who told the house he wants to "right a wrong".


Neill-Fraser was found guilty by a jury in 2010 of murdering Mr Chappell, whose body has never been found.


Her appeal was heard earlier this year under new laws in Tasmania which required "fresh and compelling" evidence to be produced.


Neill-Fraser's earlier appeal against her conviction was rejected in 2012."


The entire story can be read at:


https://7news.com.au/news/crime/ex-tas-premier-wants-murder-appeal-opened-c-3841189

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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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;