A copy of the Royal Commission Report is available below. You will need to download it and read the pdf file.
Royal Commission of Inquiry into Chamberlain Convictions, Report, Commonwealth Parliamentary Papers (1987), volume 15, paper 192
Table of Contents McLeod-Lindsay Background Mr Alexander McLeod-Lindsay was born on 24 December 1934 and died on 17 September 2009. He was born in Scotland and migrated to Australia when he was16 years old. He came to Australia under the…
Finding out why a person has died, described in modern times as finding the ‘manner and cause’ of death has been the role of a coroner at least since the thirteenth century.
Their role has changed in the last century, with a greater focus on the growing relevance of death prevention and coronial recommendations. Governments have found this role particularly uncomfortable because it can expose obvious failures and require reform of systems.
The most important requirement in all criminal trials is that the onus of establishing guilt is to the standard of beyond reasonable doubt. This standard of proof stays immovably with the prosecution throughout a trial. In Kathleen Folbigg’s case an essential element that needed to be proved beyond reasonable doubt was that she intended to kill or cause grievous bodily harm to her children.
The prosecution said that she smothered them, but failed to prove this was the case.
This article provides an historical review of injustice in the Australian legal system.
Turner contends that there was a complex relationship between the government, the judiciary and the police that involved ‘an unacknowledged agreement’ where ‘law enforcement is based on violence [that] almost necessarily involves malpractice’ and ‘[y]et none of this can be admitted by Government or Bench, because to do so would be to undermine an institution on which the power of judges and politicians depends’. In the end, corruption provides the foundation for injustice to occur.
The media has followed the case since its inception. While the earlier reports were demonising, the later scientific evidence has raised the obvious question – did the court get it wrong? This question is not only raised in the Australian…
On Monday this week, the Attorney General, Michael Davies, issued an unconditional pardon and immediately released Ms Folbigg from prison. Ms Folbigg had been incarcerated for 20 years after being convicted for killing each of her four children. She has…