Saturday, July 2, 2022

Colin Campbell Ross: Australia: Posthumous pardon 86 years after execution: Flawed hair-matching expert evidence;] Innocent, but hanged after prosecutors relied on hairs found on a blanket at his home, which experts at the time said came from the murdered girl Alma Tirtschke, and from a jailhouse confession, reported by a fellow inmate who had convictions for perjury...."The Ross case has been controversial since he was executed 115 days after his arrest, with witnesses saying he was at work at the time of the crime and with Ross going to the gallows protesting his innocence. But a researcher found the hairs used as evidence against Ross in an archive in 1995, and new tests proved they did not come from the murdered girl. a researcher found the hairs used as evidence against Ross in an archive in 1995, and new tests proved they did not come from the murdered girl."...Reuters. Reporter James Grubel:


PUBLISHER'S NOTE: While reading a book called 'Judicial Murder' by Deborah Benson, (Thanks to Kay and John for sending it to me)  setting out the case for exoneration of an Australian man named David Young who was hanged in 1865, I came across the case of  Colin Campbell Ross, the subject of this post, his life taken away by the state  as a result of flawed science - in spite of his cries of innocence and his alibi.  What stronger argument could one have for abolishing the death penalty, wherever it remains?

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QUOTE OF THE DAY: “This really is a tragic case where a miscarriage of justice has resulted in a man being hanged,” Victoria’s Attorney-General Rob Hulls said on Tuesday. “This pardon is a recognition that there are serious doubts about Mr Ross’s conviction for murder.” Australia is a strong opponent of the death penalty, with the last hanging taking place in Melbourne in 1967 when petty criminal Ronald Ryan was executed for his involvement in a prison escape, during which a prison guard was shot dead. Hulls said the case was a warning to anyone who believed Australia should re-introduce the death penalty, which was formally abolished in Victoria in 1975."


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STORY: "Australian man pardoned 86 years after execution," by Reporter James Grubel, published by Reuters, on May 27, 2008.


GISTTL CANBERRA (Reuters) - A man hanged in 1922 for the murder and rape of a young girl in the southern Australian city of Melbourne was posthumously pardoned for the crime on Tuesday after new tests found crucial evidence against him was flawed.


Authorities in the Victorian state pardoned Colin Campbell Ross, who was hanged for raping and murdering a 12-year old girl and dumping her body in an alley in 1921.


“This really is a tragic case where a miscarriage of justice has resulted in a man being hanged,” Victoria’s Attorney-General Rob Hulls said on Tuesday. “This pardon is a recognition that there are serious doubts about Mr Ross’s conviction for murder.”


Australia is a strong opponent of the death penalty, with the last hanging taking place in Melbourne in 1967 when petty criminal Ronald Ryan was executed for his involvement in a prison escape, during which a prison guard was shot dead.


Hulls said the case was a warning to anyone who believed Australia should re-introduce the death penalty, which was formally abolished in Victoria in 1975.


The Ross case has been controversial since he was executed 115 days after his arrest, with witnesses saying he was at work at the time of the crime and with Ross going to the gallows protesting his innocence.


The prosecutors relied on hairs found on a blanket at Ross’s home, which experts at the time said came from the murdered girl Alma Tirtschke, and from a jailhouse confession, reported by a fellow inmate who had convictions for perjury.


But a researcher found the hairs used as evidence against Ross in an archive in 1995, and new tests proved they did not come from the murdered girl.


Hulls asked for the case to be reviewed two years ago, resulting in a panel of judges finding the case against Ross was flawed.


Ross’s niece Betty Everett, who acted as the family spokesman, said she was relieved to know her uncle was not a killer. “A shadow has been lifted from my heart,” Everett told Australian Broadcasting Corporation radio.


Tirtschke’s niece Bettye Arthur told Melbourne’s Age newspaper that the case was a tragedy for everyone involved.


“It is a tragedy for everyone involved that the actual perpetrator was not caught, and an innocent man lost his life,” she said.

https://www.reuters.com/article/us-crime-australia-pardon-idUSSYD2024920080527

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;



SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:




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;