Wednesday, April 17, 2024

Derek Bromley: South Australia: As he approaches release after 40 years in prison, 7News (Adelaide Reporter) Sowaibah Hanifie that, "one family fears nothing has changed" - while Derek Bromley continues to affirms his innocence, as he has from the outset…"Bromley has unsuccessfully appealed his conviction multiple times over the 40 years he’s served in prison. And his co-accused, Karpany, told Channel 10 in a 2023 interview, he did not see Bromley on the night of the murder. In Bromley’s latest appeal to the High Court, his legal team claimed testimony provided by the prosecution’s central witness, Gary Carter, was unreliable because he was off his schizoaffective disorder medication at the time. They also argued pathological evidence given by South Australia’s chief forensic pathologist at the time, Colin Manock, was inadequate. Manock’s evidence was found to be flawed in other court cases."


PASSAGE OF THE DAY: "Bromley’s appeal was knocked back, but two out of the five judges dissented against the decision, finding there was “a substantial miscarriage of justice” because the trial judge gave inadequate directions to the jury. “There is, at least, a significant possibility that an innocent person has been convicted,” Justice James Edelman and Justice Simon Steward said in December 2023."

STORY: "South Australian prisoner Derek Bromley is about to be released after 40 years in prison. One family fears nothing has changed," by Adelaide Reporter Sowaibah Hanifie, published by 7News, on April 16, 2024.

SUB-HEADING: Derek Bromley release from prison outrages  victim's family."

SUB-HEADING: "Derek Bromley has served 40 years for murder - but he has always maintained his innocence."


GIST: "The family of Adelaide man Stephen Docoza have broken their silence after the man convicted of murdering him was granted parole.

Derek Bromley and his co-accused John Karpany were serving a life sentence after Docoza’s body was found 

Last month, the SA Parole Board granted Bromley — the longest-serving Indigenous prisoner in the country — release on parole because of his reformed behaviour, particularly his work with the Country Fire Service over the last decade.

However, the Narungga Ngarrindjeri man, who is now 62, has always maintained his innocence.

Commissioner for Victims’ Rights Sarah Quick said Docoza’s family found Bromley’s lack of remorse “insulting” and “insensitive”.

“They feel his views have had a lot of media attention, so it’s time that their voice was heard,” Quick said on behalf of the family.

Bromley will remain in prison for at least 60 days following the parole board’s decision, during which time the attorney-general, South Australia Police or the Commissioner for Victims’ Rights can seek a review of the decision.Quick said the upcoming release had been difficult for the family to come to terms with.

“They very much feel that he is responsible for the death of Stephen Docoza,” she said.

“(Docoza) was a kind and loving family man and his death had an enormous impact on his family and still does to this day. “

Bromely has unsuccessfully appealed his conviction multiple times over the 40 years he’s served in prison.

And his co-accused, Karpany, told Channel 10 in a 2023 interview, he did not see Bromley on the night of the murder.

In Bromley’s latest appeal to the High Court, his legal team claimed testimony provided by the prosecution’s central witness, Gary Carter, was unreliable because he was off his schizoaffective disorder medication at the time.

They also argued pathological evidence given by South Australia’s chief forensic pathologist at the time, Colin Manock, was inadequate.

Manock’s evidence was found to be flawed in other court cases.

Bromley’s appeal was knocked back, but two out of the five judges dissented against the decision, finding there was “a substantial miscarriage of justice” because the trial judge gave inadequate directions to the jury.

“There is, at least, a significant possibility that an innocent person has been convicted,” Justice James Edelman and Justice Simon Steward said in December 2023.

Despite initially displaying very poor institutional behaviour, Bromley, now in his 60s, has turned his life around, said Parole Board chair Frances Nelson KC in March.

She said Bromley had good post-release plans and strong community support."

The entire story can be read at:

south-australian-prisoner-derek-bromley-is-about-to-be-released-after-40-years-in-prison-one-family-fears-nothing-has-changed-c-14342300

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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