POST: "Derek Bromley leave to appeal referred to full court," published by Andrew L. Urban, on his 'Wrongful Conviction Report, on September 16, 2022.
GIST: "The High Court today (16/9/22) referred the application seeking leave against Derek Bromley’s murder conviction to the full Court; the matter will be heard early next year at a date to be scheduled.
Bromley’s agonising wait – in jail for nearly 40 years – has been cursed by a litany of errors, but none so egregious as the latest denial of his appeal by the South Australian appeal court in what amounts to a decision that is outside the rule of law, according to legal academics Bibi Sangha and Dr Bob Moles.
“It is our view that the appeal court in Bromley has fundamentally failed to pay due regard to the rule of law and to the well-established principles governing criminal appeals. The appellate function is to review the conduct of the trial to determine if appealable error has occurred. If it has, the proper procedure is to set aside the conviction, and in appropriate cases, allow for a retrial. Not to conduct that retrial before the appeal court.” They hope the High Court will see their point."
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The entire post can be read at:
derek-bromley-leave-to-appeal-referred-to-full-court
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PUBLISHER'S NOTE: I am monitoring this case/issue/resurce. 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;