QUOTE OF THE DAY: "As the High Court judges said, it’s very unusual for the court to give written reasons for a leave to appeal application, “extensive written reasons, over 120 pages,” noted Flinders University legal academic Dr Bob Moles. “It’s also very unusual to have a split decision on such a key issue with three of the five judges deciding that the grounds are not made out,” Justices Stanley, Nicholson and Peek decided. “But Justices Edelman and Steward – some very well-known and highly respected judges of the High Court – were both very clear. They said that leave should have been granted; that the appeal should have been allowed; that it was in fact a substantial miscarriage of justice – and they further said that the verdict of an acquittal should have been entered! And so, it’s three in favour of the status quo, as it were – and two of them making it very clear that this was, in fact, a wrongful conviction and Bromley should have been acquitted. “Given the views of the dissenting judges, along with the other important evidence not yet presented as part of the appeal process, there is still hope of a successful outcome in due course,” added Moles. Appeal attempts continue, to clear his name."
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PASSAGE OF THIS DAY: "Bromley is the second accused and (we say) wrongfully convicted of murder to be released on parole after a lengthy period in prison. In October 2022, Sue Neill-Fraser, convicted of the 2009 murder of her partner Bob Chappell, was granted parole after serving 14 years of her sentence in Hobart’s Risdon prison."
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COMMENTARY: "Derek Bromley granted parole after 40 years, by Andrew L. Urban, published on his 'Wrongful Conviction Report, on March 28, 2024. (Wrongful Convictions Report explores and exposes wrongful convictions and potential miscarriages of justice in Australia. WCR’s research goals include the establishment of a reliable database of wrongful convictions and an overview of identifiable reforms that would reduce the likelihood and incidence of such errors in the criminal justice system.)
GIST: "Granting Derek Bromley’s bail application on March 27, 2024, 40 years after his 1984 murder conviction, parole board chair Frances Nelson KC commented: “He continues to maintain his innocence. He’s entitled to do that, it’s not for us to retry the issue.” Nor was it for South Australia’s appeal court to do to retry the issue, but they did in June 2018 – flouting the law, according to legal academics.
Not only was the appeal court in error in 2018, but when Bromley sought leave to appeal his conviction at the High Court in December 2023, he was refused in a 3:2 decision, in what the court described as “an extraordinary judgement” – indeed, and it raised eyebrows. Bromley might well consider his wrongful conviction (we say) and his subsequent failed appeals a Guinness Book of Records example of the twisted quip: as one door shuts another slams in your face. (For full details about the case, please refer to the Derek Bromley section in our menu on the right.)
As the High Court judges said, it’s very unusual for the court to give written reasons for a leave to appeal application, “extensive written reasons, over 120 pages,” noted Flinders University legal academic Dr Bob Moles. “It’s also very unusual to have a split decision on such a key issue with three of the five judges deciding that the grounds are not made out,” Justices Stanley, Nicholson and Peek decided.
the Manock factor
“But Justices Edelman and Steward – some very well-known and highly respected judges of the High Court – were both very clear. They said that leave should have been granted; that the appeal should have been allowed; that it was in fact a substantial miscarriage of justice – and they further said that the verdict of an acquittal should have been entered! And so, it’s three in favour of the status quo, as it were – and two of them making it very clear that this was, in fact, a wrongful conviction and Bromley should have been acquitted.
“Given the views of the dissenting judges, along with the other important evidence not yet presented as part of the appeal process, there is still hope of a successful outcome in due course,” added Moles. Appeal attempts continue, to clear his name.
Bromley has always maintained his innocence; his conviction depended to a considerable extent upon the evidence of Gary Carter, a schizophrenic who was having an episode at the relevant time. There was also the ‘Manock factor’ – the problem of the discredited state pathologist, Dr Colin Manock’s evidence. Bromley’s team argued that opinions presented to the jury by Manock as to the cause and manner of death were not based on any proper science and were totally wrong.
“[Bromley’s] institutional behaviour has been very good, we are convinced that he will not present a risk to the community if he is released on parole,” Nelson said. She said it was “uncommon” for someone to spend 40 years in prison before being granted parole. “It’s fair to say that it’s uncommon because most people do apply and are dealt with shortly after their non-parole period,” she said.
Bromley is expected to go to a pre-release centre in Adelaide to initially begin his parole.
Bromley is the second accused and (we say) wrongfully convicted of murder to be released on parole after a lengthy period in prison. In October 2022, Sue Neill-Fraser, convicted of the 2009 murder of her partner Bob Chappell, was granted parole after serving 14 years of her sentence in Hobart’s Risdon prison."
The entire commentary can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
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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;
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YET ANOTHER FINAL WORD:
David Hammond, one of Broadwater's attorneys who sought his exoneration, told the Syracuse Post-Standard, "Sprinkle some junk science onto a faulty identification, and it's the perfect recipe for a wrongful conviction.
https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-12348801
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MORE VALUABLE WORDS: "As a former public defender, Texas' refusal to delay Ivan Cantu's execution to evaluate new evidence is deeply worrying for the state of our legal system. There should be no room for doubt in a death penalty case. The facts surrounding Cantu's execution should haunt all of us."
Congresswoman Jasmine Crockett; X March 1, 2024.
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