Monday, September 19, 2022

Derek Bromley: Australia: (A terribly flawed former South Australian Chief Pathologist Colin Manock case): Bulletin: From our 'justice delayed is justice denied (especially for Derek Bromley)' department: As noted Australian Criminal Justice Analyst Andrew L. Urban notes on his 'Wrongful Conviction Report': "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."


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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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;



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;