PUBLISHER'S NOTE: I love Australia. Thanks to Dr. Bob Moles, Professor Bibi Sangha, Journalist/Author Andrew L. Urban and others, I have been able to learn about some of the most fascinating cases, gripping, disturbing, perplexing cases and issues of interest to this Blog. While many of these cases expose disturbing miscarriages of justice, my interest is not in putting down the state of criminal justice in Australia and those that operate within it. It is rather to make the point that justice has no boundaries, to support those who have been wrongfully accused and convicted, and to put pressure on the criminal justice authorities from abroad to remedy the situation - just as I have done with other jurisdictions such as Texas, Louisiana, Alabama and Missouri, and from time time to time, and far too often Camada, which happens to be my own turf. Not surprisingly. Australia has given rise to a wealth of books about these extraordinarily important cases. I am grateful to journalist/ author Urban (a highly experienced commentator on Australia's criminal justice system), for discussing some of these books on his 'Wrongful Convictions Report,' in a post, published earlier this year, not surprisingly headed, "Read all about it! And weep…"
Harold Levy: Publisher: The Charles Smith Blog.
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Some books dealing with the subject of wrongful convictions are written by journalist authors (one by a former detective), some by academics, others by professionals (lawyers, scientists) involved in the system. We have collated several as a service to our readers. (See the end of this article for details of Urban’s books on the subject.)
Sue Neill-Fraser’s conviction has spawned two books by Urban and two other books (as well as a stage play, a documentary feature & a documentary series by Eve Ash and some TV current affairs programs).
Southern Justice (Hachette, 2019) by Colin McLaren
Recognised as one of Australia’s finest detectives, task force team leaders and trainer of detectives – in the 1980s and 90s – McLaren was also an undercover cop, successfully infiltrating the Australian Mafia. He is now a journalist and author. McLaren’s book on the Sue Neill-Fraser case turbo-charges the many criticisms made of the case and adds a massive payload in the form of evidence: hard facts, all corroborated.
Death on the Derwent (Scribe Publications, 2019) by Robin Bowles
Bowles gives a full and clear picture of how the legal disaster of the Sue Neill-Fraser case has divided the community, condemned Tasmania’s legal system, fired up the media and showed up the politicians as hapless bystanders to injustice in their own front yard – with the exception of Tasmanian MP Andrew Wilkie who alone spoke up. And, like McLaren’s book, Bowles’ book upends the case against Sue Neill-Fraser while indicting the police and the DPP’s office for obstructing justice.
Road to Damnation (Clear Decks Media, 2020) by Chris Brook
Chris Brook takes the reader on a gripping journey to the darkest reaches of human experience – the drowning of three children – when it intersects with the law. Brook places the case of Robert Farquharson – their father – at the interface between law, science, society and psychology. Brook is a theoretical astrophysicist who works on the formation of galaxies with a particular interest in miscarriage of justice, particularly in the way that the legal system engages science.
Evil Angels (Summit Books, 1987) by John Bryson
In perhaps the most famous wrongful conviction in Australia, Lindy Chamberlain was convicted of murdering her baby Azaria during a family barbecue one night at Uluru in the middle of Australia on October 29, 1982. Her appeals to the Federal Court and High Court were both dismissed. In February, 1986, after the discovery of a baby’s matinee jacket (on which her defence relied but which the police believed did not exist) partially buried in an isolated location, she was released. A year later her conviction was quashed.
Armed with circumstantial evidence and watched by a mesmerised, judgemental Australia, the prosecution had relied on forensic testimony that identified as blood splatter the material found splashed under the family car’s dashboard. Lindy had cut the baby’s throat with a pair of scissors, claimed the prosecution … It was six years after the baby’s death that more thorough forensic tests were undertaken. The material turned out to be sound deadener.
Meadow’s Law (ABC Books, 2025) by Quentin McDermott
In 2003, Kathleen Folbigg was found guilty of smothering her four young children to death, one by one. Medical experts told her trial that they had never come across a family like hers, where three or more infants had died from natural causes. Extracts from diaries she had written were judged to be virtual admissions of guilt, and Folbigg was sentenced to 40 years in jail.
This is a meticulously researched account of one of Australia’s most infamous criminal cases, by investigative journalist Quentin McDermott, whose groundbreaking work with ABC’s Australian Story helped trigger a push by scientists to uncover the genetic cause of two of the children’s deaths. It is also the story of how dedicated teams of lawyers, friends and supporters fought to achieve Kathleen Folbigg’s eventual pardon, release and acquittal after 20 years behind bars.
Reasonable Doubt by Xanthé Mallett (2020, Pan McMillan)
Forensic anthropologist and criminologist Dr. Xanthé Mallett examines Australia’s worst wrongful convictions, highlighting cases like that of Khalid Baker. The book explores systemic issues such as flawed forensic evidence, racial bias, and police misconduct, aiming to raise public awareness about miscarriages of justice. It emphasizes the need for reform and the frequency of such errors in the justice system.
Wrongful Convictions in Australia: Addressing Issues in the Criminal Justice System by Stephen Cordner and Kerry Breen (2023, Australian Scholarly Publishing)
This book documents the prevalence of wrongful convictions in Australia, noting they are common yet under-recorded and difficult to correct. It identifies key causes, including unreliable forensic science, courts’ struggles with complex evidence, and investigative “tunnel vision.” The authors advocate for reforms, such as independent forensic science systems and the establishment of a Criminal Cases Review Commission to replace the current mercy petition process.
The Conviction of the Innocent (2007) by Chester Porter
Written by a renowned Australian lawyer with 52 years of experience, this book discusses wrongful convictions observed during the late Porter’s career. It critiques the over-reliance on unreliable courtroom experts and the misinterpretation of defendants’ demeanour, offering insights into systemic flaws in the Australian justice system.
These books collectively highlight the causes of wrongful convictions—such as police misconduct, flawed forensics, and systemic biases—and call for reforms to improve justice outcomes in Australia.
A State of Injustice (2004) by Dr Bob Moles
Drawing on painstaking research and insightful analysis, A State of Injustice examines various cases where forensic investigations were later found to be flawed. These cases have prompted calls for the establishment of a Criminal Cases Review Commission and raised doubts about the involvement of the former Chief of Forensic Pathology for South Australia, Dr Colin Manock, whose qualifications for the job have come into question. In view of the errors brought to light, author Robert Moles asks, have innocent people been wrongly imprisoned and have guilty parties literally gotten away with murder?
Losing Their Grip – the case of Henry Keogh (2006) by Dr Bob Moles
“This book not only exposes serious flaws in the scientific evidence which convicted one man of murder a decade ago, it also demonstrates how our justice system resists the idea that it may have ‘got it wrong” – Malcolm McCusker QC Perth
At the time of the publication of this book in 2006 Henry Keogh had served over 10 years of a 25 year life sentence for the murder of the woman he was about to marry. Losing Their Grip evaluates the investigation, trials and conviction of Keogh. It has all the elements of an Agatha Christie plot, but is all the more chilling knowing that the book refers to real people and real tragedy.
Dr Moles (PhD Edinburgh University, 1985) is regarded as a legal authority on miscarriages of justice and has authored several other books. He is currently at Flinders University. Moles publishes NetK.net.au which aims to publish legal materials and to investigate and provide information on alleged serious miscarriages of justice. Moles has republished most of the late award winning journalist Evan Whitton’s books and articles dealing with the legal profession including Our Corrupt Legal System, Serial Liars, The Cartel, Trial by Voodoo. The full text of these and others can be accessed free of charge at http://netk.net.au/WhittonHome.asp
ALSO by Andrew L. Urban
Murder by the Prosecution (Wilkinson, 2018)
This book investigates several cases of alleged wrongful convictions in Australia, with a significant focus on the case of Sue Neill-Fraser, convicted in 2010 for the 2009 murder of her partner, Bob Chappell. Urban argues that these convictions, including Neill-Fraser’s, are unsafe due to flawed legal processes, speculative prosecutions, and inadequate evidence. The book also touches on the cases of Henry Keogh, David Szach and Robert Xie, highlighting systemic issues in the justice system, such as prosecutorial bias and media influence, that contribute to miscarriages of justice. It serves as a precursor to Urban’s later, more detailed work on Neill-Fraser’s case. The foreword is by Margaret Cunneen SC; the book was launched by former Tasmanian Premier Lara Giddings.
The Exoneration Papers – Sue Neill-Fraser: Murder by the Prosecution Vol. 2 (Wilkinson, 2023)
A comprehensive sequel to Murder by the Prosecution, this book focuses exclusively on Sue Neill-Fraser’s case, detailing her 2010 conviction for Bob Chappell’s murder despite there being no body, no murder weapon, nor any direct evidence. Urban argues the conviction was based on speculation, with police and prosecutorial failures, including exculpatory evidence withheld and an incompetent defence. The book cites legal experts who identify numerous appealable grounds and criticizes Tasmania’s Attorneys General and the State’s entire legal system for continually resisting an inquiry into the case, even after Neill-Fraser’s 2022 parole. The foreword is by Lara Giddings.
Presumption of Evil (Independent, 2024)
Urban’s book draws on transcripts, diaries, personal reflections, uniformly glowing character references and painful family recollections. It tells how the 87 year old Noel Greenaway is in prison, convicted of sexual assaults against five teenagers – when he was in his 30s. The only evidence against him was testimony given by them 40 years later – now late middle aged women, then youngsters at the Parramatta Training School for Girls.
Their testimony is in sharp contrast to numerous character references presented to the court prior to sentencing that paint a picture of a man of high moral principles, who was never heard to raise his voice or swear.
He is in prison because if you are named in the Royal Commission Into Institutional Responses to Child Sexual Abuse, you are presumed guilty. Evil.
From being so named to later being arrested, tried and convicted is the process of guilt by accusation which does away with the presumption of innocence and the need to prove allegations beyond reasonable doubt. Child sex abuse is today’s crimen exceptum – a crime so exceptional that the established rules of justice need not be applied to it. The foreword is by Margaret Cunneen SC.
Framed: How the Legal System Framed Robert Xie for the Murder of the Lin Family (Prime KDP, 2025)
This book examines the 2017 conviction of Robert Xie for the 2009 murders of five members of the Lin family in Sydney. Urban contends that Xie was wrongfully convicted in a circumstantial case marred by unreliable DNA evidence, prosecutorial overreach, and without a credible motive. The book highlights flaws in the investigation, such as the questionable DNA “stain 91” found in Xie’s garage, and argues that autopsy evidence suggests multiple killers, contradicting the prosecution’s narrative. Urban portrays the case as a systemic failure, with Xie’s appeals dismissed despite significant doubts – doubts which he says the trial jury should have entertained. The foreword is by Stuart Tipple, the Chamberlains’ former lawyer.
Each of Urban’s books above critiques Australia’s legal system, alleging incompetence, bias, and evidence manipulation in high-profile murder convictions. He has also authored several books on other subjects, from Ukraine’s president Zelensky to the career of Margaret Cunneen SC.
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There are other cases of wrongful conviction that have not been the subject of books. The well documented history of so many failures of the justice system reflect badly on the legal profession, which is charged with self regulation.
But it is a gross generalisation, of course, to paint the entire legal system with the brush of severe criticism. There are some exceptional people working ethically within the system. I know a few. But they are betrayed, it seems to me, by those who bring shame to their profession and injustice to the system. The inertia of the criminal justice system is palpable. The books mentioned in this article also identify some of the heroes pursuing Australian justice.
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Shamefully, according to this research by Griffith University, the legal system – from police to forensics to judicial error to incompetent defence – causes and/or contributes most to wrongful convictions in Australia. That’s what all these books show in detail."
The entire post 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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